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CITY OF SAN BERNARDINO - REQUEST FOR COU OY
om: Diane C. Roth Sr. Assistant City Attorney Subject: RESOLUTION RATIFYING THE
RETENTION OF ATKINSON, ANDELSON,
Dept: City Attorney LOYA, RUDD &ROMO FOR LEGAL
SERVICES
Date: August 30, 2007 Meeting Date: September 17, 2007
Synopsis of Previous Council action: None
Recommended motion:
Adopt Resolution.
Signature
Contact person: Diane C. Roth Phone: 5355
Supporting data attached: Ward: N/A
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: f Q
75-0262 Agenda Item No. _
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE RETENTION OF ATKINSON, ANDELSON,
LOYA, RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn
Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County
Superior Court, Case No. CIVSS 705111.
BACKGROUND
On or about Thursday, August 23, 2007, the City was served with a subpoena for
confidential personnel records and notice of an ex parte hearing in the case of Evlyn Wilcox v.
Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court,
Case No. CIVSS 705111. There was to be a hearing on Monday, August 27, 2007. The City
Attorney had a conflict of interest with regard to this matter. Therefore, the Senior Assistant
City Attorney recommended that the City Manager select independent counsel to represent and
advise the City on its response to the subpoena.
Charter § 241 gives the Mayor and Council authority to hire outside counsel upon the
recommendation of and written consent of the City Attorney. However, since there was
insufficient time to go to Council before the hearing, the City Manager selected an attorney, and
the Senior Assistant City Attorney gave consent to retain the attorney he selected, Irma
Rodriguez Moisa of the law firm of Atkinson, Andelson, Loya,Ruud &Romo.
Ms. Moisa submitted a retainer agreement to the City on or about Wednesday, August
29, 2007. The rate for her services is $225 per hour, plus reasonable costs. However, in the
court hearings on August 27 and 28, the Court issued its final orders in the matter and the
subpoena became moot. Therefore, the attorneys' retainer agreement is no longer necessary.
However, pursuant to Charter § 241, the retention of the law firm must nonetheless by ratified
and the hourly rate must be approved by the Mayor and Council.
FINANCIAL IMPACT
It is estimated that the total amount of fees will be between $500 and $1,000.
RECOMMENDATION
Adopt resolution.
J
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE RETENTION OF ATKINSON,ANDELSON,LOYA,
3 RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn Wilcox v.
Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court,
4 Case No. CIVSS 705111.
5 WHEREAS, The City was served on or about August 23, 2007, with a subpoena for
6 confidential personnel records for a hearing to be held on August 27, 2007, in relation to the case of
7 Evlyn Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County
8 Superior Court, Case No. CLASS 705111; and
9 WHEREAS,the City, therefore, required immediate legal advice before the matter could
1 o be brought before the Mayor and Common Council; and,
11 WHEREAS, the City Attorney had a conflict of interest with regard to that case which
12 made it necessary to retain independent counsel; and,
13 WHEREAS,the law firm of Atkinson,Andelson,Loya,Rudd&Romo was selected and
14 retained by the City Manager, with the consent of the Senior Assistant City Attorney pursuant to
15 Charter § 241;
16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
17 OF SAN BERNARDINO AS FOLLOWS:
18 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby
19 approve and ratify the retention of Atkinson, Andelson, Loya, Rudd & Romo for legal services in
20 relation to the case of Evlyn Wilcox v. Kari Verjil(Marianne Milligan, Real Party in Interest), San
21 Bernardino County Superior Court, Case No. CLASS 705111, at a fee of$225.00 per hour plus
22 reasonable costs, not to exceed the total amount of$1,000.00.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RATIFYING THE RETENTION OF ATKINSON, ANDELSON, LOYA,
2 RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn Wilcox v.
Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court,
3 Case No. CLASS 705111.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on the_day
7 of , 2007, by the following vote, to wit:
s COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
1 o BAXTER
ii BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17 Rachel Clark, City Clerk
1s
The foregoing Resolution is hereby approved this_day of , 2007.
19
20
21
PATRICK J. MORRIS, Mayor
22 City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
25
26 By:
iane C. Roth
27 Sr. Assistant City Attorney
2s
2