HomeMy WebLinkAbout08.A- City Attorney DOC ID: 1435
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Budget Amendment
From: James F. Penman M/CC Meeting Date: 12/05/2011
Prepared by: James F. Penman, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Budget Amendment for the Office of the City Attorney to Pay Billings from Outside Legal
Counsel for Services Rendered and to Pay Litigation Expenses Previously Incurred.
Financial Impact:
$154,941.70 to Account#001-050-5503,and$28,608.87 to Account#001-050-5177. Both
sums from the unappropriated budget reserve balance.
Motion 1: Transfer$154,941.70 from the unappropriated budget reserve balance to line item
#001-050-5503 (Litigation/Outside Counsel) and transfer $28,608.87 from the
unappropriated budget reserve balance to line item #001-050-5177, (Litigation
Expenses).
or, in the alternative,
Motion 2: Transfer $622,652 from the unappropriated budget reserve balance to line item
#001-050-5503 (Litigation/Outside Counsel) and transfer $300,636 from the
unappropriated budget reserve balance to line item #001-050-5177 (Litigation
Expenses).
Synopsis of Previous Council Action:
1. Final 2010/2011 Budget adopted on June 30, 2010 included a$410,000 loan from City
Attorney's 2011/2012 budget. The City Attorney's Office had submitted a budget in the amount
of$3,965.108.00,however the budget adopted for the City Attorney's Office was$3,026,000.
2. On May 25, 2011 the Finance department reduced the 2011/2012 City Attorney budget by the
$410,000 loan which left the revised budget at$3,026,000.
3. On August 1,2011 the City Attorney's Office requested a budget increase to pay outside
counsel however the Mayor and Common Council further reduced City Attorney budget by
$6000.00 in order to pay outside counsel.
4. On August 15,2011 the City Attorney's Office requested an increase of$197,000 for outside
legal bills and Mayor and Common Council approved that amount to pay those bills but also
further reduced the City Attorney budget by that amount.
[ 5. On November 21, 2011 City Attorney's Office requested a budget increase to pay outside
v Updated: 12/1/2011 by Linda Sutherland
Packet Pg.478
1435
litigation fees and costs, this request was denied.
Background:
The City Attorney's Office does not create lawsuits. People sue the City for a variety of reasons.
All of these lawsuits must be defended or prosecuted by the City Attorney's Office either with in-
house counsel or outside counsel.
The Mayor and Common Council have approved the hiring of outside counsel in 40 of the 124
cases currently pending in the City Attorney's Office. 84 cases are being handled by Deputy City
Attorneys in-house. The City is the defendant in 108 of these lawsuits and the City is the
plaintiff in 16. However,the appropriations to pay outside counsel and to pay litigation costs
have not kept up with the 60%increase in lawsuits over the past two years.
The City Attorney's Office has received bills totalling$183,550.57 for outside counsel fees and
litigation costs. The Council has not appropriated sufficient funding to pay these bills all of
which are bona fide and currently due and payable. Should lawsuits be commenced against the
City to recover the amounts due it is probable that a court will require us to pay all of the
amounts submitted in addition to interest,attorney fees and court costs for the failure of the City
to honor its contractual obligations.
The amounts requested above in the first motion are for bills submitted for work actually
completed.
The amounts requested in the second motion above are the projected outside attorney fees and
costs through the end of fiscal year 2011-2012. (The Second motion was recommended by the
City Manager who prefers that the entire matter be addressed at the same time,rather than
bringing bills to the Council at each Council meeting between now and the end of the current
fiscal year.)
The City Manager informed the City Attorney on November 17, 2011 that the money to pay
these bills should come from the City's unappropriated budget reserve.
Supporting Documents:
Updated: 12/1/2011 by Linda Sutherland