HomeMy WebLinkAbout26- City Attorney CITY OF SAN BERP 4LRDINO - REQUEST P')R COUNCIL ACTION
From: James F. Penman, City Attorney Subject: Reimburse City Attorney for
Dept: City Attorney Defense of Actions.
Date: March 1, 1995
Synopsis of Previous Council action:
Recommended motion:
1. Motion to approve payment of legal fees incurred by City Attorney to
defend accusations by Ralph Hernandez at the State Bar in the amount
of $2, 182. 58.
2. Motion to approve payment of legal fees incurred by City Attorney in
the case of Pryke v. City of San Bernardino and sexual harassment
allegations in the amount of $4,729.02.
i
Signature
James F. Penman 5255
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262 Agenda Item No.— -
L
CITY OF SAN BERL ARDINO - REQUEST ► JR COUNCIL ACTION
STAFF REPORT
Government Code Section 995 requires that public entities must
provide for the defense of their officers and employees on account
of accusations made against them in the scope of their employment.
The complaint filed with the State Bar by Councilmember Ralph
Hernandez against the City Attorney was for alleged actions in his
capacity as City Attorney. The City is therefore responsible to
provide reimbursement for the legal costs incurred.
Likewise, in the action involving the alleged sexual
harassment claims and subsequent Petition for Writ of Mandate
brought by Mr. Pryke, the City Attorney was required to incur legal
fees since he was named as a real party in interest. These amounts
should also be reimbursed.
( See attached billing statements from Redwine & Sherrill ) .
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R:VERSIAE. CALIFORNIA 5Z501
LAW OFFICCS 7ELEphONE 7A-(554-2520
REI]WINE AND SHERRILL
5TATEMENT FOR PROFE55ICINAL SSERVICES
March 11 1995
CONFIDENTIAL
TO BE OPENED BY ADDRESSEE ONLY
Mr. James F. Penman
P.O. Box 1366
San Bernardino, CA 92402
BILLING STATEMENT
RE: PRYKE MATTER
FOR SERVICES RENDERED
TOTAL AMOUNT NOW DUE AND PAYABLE
TO REDWINE AND SHERRILL. . . . . . . . . . . . . . . . . . . ... . . . . . . . . . $4,729.02
«�. , ,.. �,. ..._� _a. _vim .,.� �.•_ . I IQI 1 JJ l., •JJ r.Us)/VJ
I`.JSO MARAE7 $TRULY
RIVERSIME. CALIFORNIA 92501
LAW OFFICZS TE''-EPNONE 7A-694-?.520
REMWINE AND SHERRILL O��S 19798�7
STATEMENT FOR PAWSGSIONAL SERVICES
March it 1995
CONFIDENTIAL
TO BE OPENED BY ADDRESSEE ONLY
Mr. James F. Penman
P.O. Box 1366
San Bernardino, CA 92402
BILLING STATEMENT
RE: STATE BAR MATTER
FOR SERVICES RENDERED
TOTAL AMOUNT NOW DUE AND PAYABLE $2,182 .5$
To REDWINE AND SHERRILL. . . . . . . . . . . . . . . . . . .
l OAR Op
THE STI. E BAR OFFICE OF INVESTIGATION
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OF CALIFORNIA
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�y,,.qr 1149 SOUTH HILL STREET,4th FLOOR,LOS ANGELES,CALIFORNIA 90015.2299 (213)765.1000 FAX:(213)765-1318
February 24 , 1995
PERSONAL & CONFIDENTIAL
Justin M. McCarthy, Esq.
REDWINE AND SHERRILL
1950 Market Street
Riverside, CA 92501
RE : Case No: 94 O 16007
Complainant : Councilman Ralph Hernandez
Respondent : James F. Penman, Esq.
Dear Mr. McCarthy:
We have completed our investigation into the complaint filed
against your client by Mr. Hernandez . We have determined that
there are insufficient grounds for disciplinary action.
Therefore, we are closing our file.
Pursuant to Section 6086 . 11, California Business and Professions
Code, if Mr. Hernandez disagrees with the closing of this file,
he has the right to have this decision reviewed by the
Complainants' Grievance Panel . If that review is sought, you
will be notified.
Thank you for your cooperation in this matter.
Very truly yours,
Aia p be
Senior Investigator
SYC/nw