Eileen O'Hare-Anderson Partner

With over 25 years of experience in labor, employment, and education law, Eileen O'Hare-Anderson has an extensive background in the successful resolution of many employment, education-related, and business and facilities, issues. Her primary area of expertise is representing and advising community college districts in a general counsel role, in all phases of education-related matters, including general business issues.

Eileen is experienced in representing community college districts in arbitrations and administrative proceedings regarding discipline of permanent employees and the release of probationary faculty members. She has also conducted numerous investigations into various allegations including discrimination and harassment investigations. Eileen also has experience working with staff in the day-to-day issues which arise in the facilities and general business area including negotiating leases and agreements, contact review, easement issues and bidding questions.

Prior to joining Liebert Cassidy Whitmore, Eileen served as General Counsel for the State Center Community College District, in Fresno. In that capacity she advised and represented the District, the Board of Trustees and the Personnel Commission in a variety of legal matters, including discipline hearings, administrative complaints, litigation, and policy review. Eileen has represented the District before the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission. Additionally, she regularly provides advice and counsel in employment relations matters, including negotiations. She has also handled public finance matters, bid protests and disqualification of apparent low bidders.

Early in her career, Eileen handled all phases of litigation from initial pleadings to post-trial motions. She has experience in State and Federal Appellate Courts as well as the California Supreme Court. Eileen frequently presents training and workshops on employment and education topics including the "67 percent rule," preventing discrimination and harassment, merit system procedures, and performance documentation and evaluation. She has also handled eminent domain matters for public agencies.

Professional and Community Involvement

Eileen is a member of the Coalition for Adequate School Housing (CASH), California Council of School Attorneys (CCSA), Council of School Attorneys (CSOA), Fresno County Bar Association, Fresno County Women Lawyers and the National Association of College and University Administrators (NACUA).

ADMINISTRATIVE HEARINGS

District v. Faculty Member (2020) - Decision Pending.  The District acted to terminate a long-term tenured faculty member for consistent abusive conduct toward students, inappropriate, demeaning, and belittling comments, and physical threats against students.  Respondent raised academic freedom as a defense.

District v. Classified Confidential Employee (2020) - Terminated a classified confidential employee for failure or refusal to perform duties properly.  Employee at one point refused to work on a project and attempted to convince other employees on the project to also refuse to work on it until the District provided additional compensation for the work.

District v. Classified Manager (2019) - Matter pending.  Demoted a classified manager for gross incompetence, neglect of duty, and failure or refusal to perform tasks assigned to her by the Vice Chancellor, her supervisor.

District v. Classified Employee (2019) - Terminated a classified employee who appeared at work apparently under the influence of alcohol on two occasions and refused to go for alcohol testing when directed to do so by the Vice President of Human Resources.

District v. Faculty Member (2018) - An arbitrator upheld a semester-long suspension of a tenured non-instructional faculty member for personal use of district resources, errors in educational plans negatively affecting students, and failure to perform duties as directed by her supervisor.

District v. Classified Employee (2018) - Terminated a classified employee for insubordination, and performance deficits.  Employee refused to perform work as directed by his supervisor, refused to provide her with updates on pending work, told her she was incapable, and refused to work with outside consultants in updating IT systems.

In Re ER (2010) - Probationary Faculty Non-Reelection Grievance. The employee alleged several violations of the collective bargaining agreement procedures regarding the evaluation of probationary faculty members. The arbitrator ruled that the decision not to grant the employee tenure was reasonable despite violations of the collective bargaining agreement. The arbitrator also ruled that he was without power to order a fifth probationary year.

In Re CM (2010) - Tenured Faculty Termination. District terminated a tenured faculty member for chronically poor performance, low student survey responses, and demonstrably poor performance. Employee settled for nuisance value after the first deposition of a member of her evaluation team.

In Re PH (2010) - Probationary Faculty Non-Reelection Grievance. The District was proceeding under Education Code section 87740, which refers to a finding of cause. The Administrative Law Judge ruled that the District did not have to show cause to deny Grievant tenure because section 87740 only provides a procedural method for a grievant to obtain a hearing in the absence of a contractual provision for arbitration. It does not change the standard by which the matter is decided. Grievant claimed discrimination on several protected bases. The Administrative Law Judge found no discrimination.

In Re CT (2010) - Permanent Classified Employee Termination. The employee was terminated for taking property from a dormitory room. The hearing officer rejected all of the employee's defenses and found the District had reasonable cause to terminate the employee.

In Re DT Whistleblower Complaint (2009) - Whistleblower Retaliation Claim Under Education Code Section 87164. The employee claimed he was given an unsatisfactory evaluation and reassigned after he brought an inappropriate budget transfer to the attention of the administration. The Administrative Law Judge found that the employee was not credible and that his performance justified the District's actions.

In Re Vacation Accrual Grievance (2008) - Grievance by classified employee association regarding an application of vacation accrual cap language in collective bargaining agreement. The arbitrator ruled that the District properly applied the cap language in the bargaining agreement and in a related side letter agreement.

In Re TVC (2008) - Tenured Faculty Termination. Faculty member terminated for excessive absences. The faculty member was absent for an average of 25% of each academic year. The faculty member filed an EEOC charge alleging disability discrimination. The matter settled for nuisance value at the EEOC mediation.

Kern Community College District - Employee organization alleged that the District failed to properly implement a salary formula based on salary information from the District and six comparable districts, as published on the State Chancellor's Office website. After the district filed its information with the Chancellor's Office, it discovered that there was a significant error in its data. It submitted a corrected report to the State, as required by law. The employee organization filed a grievance, claiming that it was entitled to a salary increase based on the originally reported but erroneous figures. The arbitrator ruled that the District properly corrected the data filed in error and that therefore, employees were entitled to a 1.44% increase rather than the 8.23% increase claimed by the union.

BUSINESS AND FACILITIES

Merced Community College District - Sale of Surplus Property (2012) - Effected a successful sale of surplus property for over seven figures for the Merced CCD. MCCD sold the surplus property to a local K-12 school district. We prepared the necessary Board resolutions and findings permitting the District to sell the surplus property directly to another public entity. Upon approval by the Board prepared and negotiated the purchase agreement. During escrow, assisted the District in producing the appropriate documentation and handled issues that arose during the transaction, including the need to have a Board approved an amendment to the purchase agreement. Escrow closed on time and the District promptly received payment for the sale.

Bid Protest - San Lorenzo Valley USD (2010) - Successfully advised the District and the Board in declaring the apparent low bidder non-responsive on a $4 million project.

LEASE FINANCE

Lease Purchase Merced CCD (2011) - Acted as District Counsel for $3.1 million lease-purchase transaction. The project was extensive energy conservation measures throughout campus.

COPs Antelope Valley CCD (2010) - Acted as District Counsel for a $10,000,000 Certificates of Participation in Los Angeles County Schools Pooled Financing Program 2010 Series C. The funds are being used for the construction and installation of photovoltaic solar panels upon shaded parking areas, parking lot upgrades, and hardware for information technology.

NEGOTIATIONS

In Re-Classified Fact-Finding (2009) - Classified Post-Impasse Factfinding. The factfinding panel recommended the District's position as its recommendation on six of the seven issues submitted.