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Cll'-. OF SAN BERNARDIW - REQUUT FOR COUNCIL AC. JON
From: Ralph H. Prince
Subject:
Authorization for Transfer
of Funds
Dept: City Attorney
Date: October 4, 1985
Synopsis of Previous Council action:
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Recommended motion:
1) Authorize the transfer of $9,000 from appropriated reserve
to City Attorney's Litigation Account. (Federal District
Court Injunction)
2) Authorize the transfer of $4,000 from appropriated reserve
to City Attorney's Litigation Account. (NIMLO & 2 eminent
domain cases)
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Contact person:
Ralph H. Prince
Phone:
5255
13,000
Ward: N/A
Appropriated Reserve
Supporting data attached:
Yes
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item No. NEW BUSINESS
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cli.' OF SAN BERNARDCo - REQUUT FOR COUNCIL AC...10N
STAFF REPORT
The sum of $3,000.00 was appropriated for the 1985-1986 fiscal
budget for the Litigation Account of the City Attorney.
At the Council meeting of August 19, 1985, the Mayor and Common
Council authorized the City to enter into an agreement with
NIMLO to participate in litigation dealing with the
applicability of the Fair Labor Standards Act to local
governments. NIMLO requested $2,000.00 from the City for its
share of the cost in the court action. The City Attorney was
instructed to expend the $2,000.00 from the City Attorney's
Litigation Account.
At the Council meeting of october 4, 1985, the Mayor and Common
Council authorized the City Attorney to retain the services of
Richard Terzian to file an injunction in Federal District
Court. It is anticipated that total expenses for said services
will be $9,000.00.
Currently, a total of $2,300.00 has been expended from this
account, with committed expenses of an additional S900.00, a
total of $3,200.00.
When preparing the budget for 1985-1986, this office did not
request funds to pay for requests such as the NIMLO
contribution or for hiring special counsel in major litigation
cases, because in past years these expenses traditionally have
been charged to the appropriated reserve account.
Request is hereby made that the Council transfer $9,000.00 to
the City Attorney's Litigation Account which sums are to be
expended as follows: expenses incurred for Richard Terzian
($2,000), expenses to be incurred for filing temporary
injunction ($5,000), and out-of-pocket expenses to be incurred
for filing temporary injunction and for an environmental
consultant ($2,000).
Request is also made that the Council transfer $4,000.00 to the
City Attorney's Litigation account which sums are to be
expended as follows: replace funds expended on NIMLO ($2,000),
and expenses to be incurred regarding two eminent domain cases
($2,000).
75.0264