HomeMy WebLinkAbout2018-1831
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RESOLUTION NO. 2018-183
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AUTHORIZING THE CITY MANAGER TO
ENGAGE SPECIAL COUNSEL ON AN INTERIM BASIS
WHEREAS, on November 8, 2016, voters in the City of San Bernardino approved a
new City Charter that applies best practices for municipal governance and provides a clear and
streamlined structure based on the council-manager form of government; and
WHEREAS, in addition to a number of other changes occurring throughout the
organization as part of the implementation of the Charter, pursuant to Charter section 504, the
City Attorney position is transitioning from an elected official to a position appointed by the
Mayor and the seven -member City Council; and
WHEREAS, a recent organization assessment of the City Attorney's Office indicated
opportunities to implement best practices and a streamlined, modern municipal legal
function; and
WHEREAS, as with most municipal law offices, some work that has been performed
on behalf of the City is contracted to outside counsel and performed by attorneys with the
private firms, as opposed to being completed by the in-house attorneys with the City
Attorney's Office; and
WHEREAS, given the changes provided for in the Charter, at a recent Special Meeting,
the Mayor and City Council expressed an interest in exploring opportunities to reduce costs
and enhance the efficiency and effectiveness of the City Attorney function during and
following the transition of the City Attorney position to an appointed position and requested
the City Manager issue a Request for Proposals (RFP) for general municipal legal services,
which was completed as directed and proposals have been received; and
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WHEREAS, as the Mayor and City Council engage in the discussion about the most
effective method for providing the legal services required by the City and evaluate the
proposals, in-house attorneys have and are anticipated to continue to transition out of the
organization, potentially creating a void in legal service provided to the City Manager's
Office and Departments that needs to be filled to avoid adverse impacts to the public health,
safety and welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager, as an interim measure, is hereby granted the authority
to expand the scope of service contained in existing Professional Service Agreements the City
currently has with private law firms to handle routine matters that may arise in this interim
period at the rates and terms previously negotiated.
SECTION 2. This authority would only extend to advice and counsel, the cost of
which will not exceed $50,000, and due to the necessity and timing of the matter, cannot wait
to be scheduled for approval by the legislative body.
SECTION 3. The work contacted for will be reported to the Mayor and City Council
to ensure the policy makers are aware of the legal work being performed on behalf of the City
and the anticipated costs.
SECTION 4. The costs for the outside legal services would be funded by the salary
savings associated with the vacant attorney positions.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AUTHORIZING THE CITY MANAGER TO
ENGAGE SPECIAL COUNSEL ON AN INTERIM BASIS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
20th day of June 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
BARRIOS
VALDIVIA X
SHORETT x�$l
NICKEL —X
RICHARD `X
MULVIHILL C 5
_ � 1
Georgean anna, CM -, City Clerk
The foregoing Resolution is hereby approved this 20th day of June 2018. r�
L
i
R. Carey Daviy, Mayor
City of San ernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: -