HomeMy WebLinkAbout33-Attorney
CITY OF SAN BE'IARDINO - REQUESTtfOR COUNCIL ACTIOt
From: James F. Penman, City Attorney
n<lpt:
City Attorney
Subject: Reimburse City Attorney for
Defense of Actions.
LJate:
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.
l. 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 $4,729.02.
/
,
"
,?
7-.F~
Signature
I
I
Contact person:
James F. Penman
Phone:
5255
Supporting data attached:
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
fAcet. Description)
Finance:
75.0262
?~JL/~h1 {It/X-,/ 5--2
l-l/ALi#lM_f -;b1~~ F$
fM-v~~ tfj/~/9S' -# ~~
~ f;-1-9S -#;23
Agenda Item No_
1133
b-S"-9S-
Council Notes:
._. 1I..~ "'.. -t,'; '.,' ':\~
CITY OF SAN BE"ARDINO - REQUES"'OR COUNCIL ACTIOt
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).
. ,
",.\.!~ .
',''''' ",
"" ~ , ",' .....
75-0264
~,;. <<'.,A".'
.__"".... 11... i'11~J..'
..... '-'" ...--
r,::l.^.;1\....;1 vO...-,,:),)o..:;..
.
-.,AW O~F"ICIi:~
REDWINE AND SHERRIL.L
STATEM.tNT FOR Pft.CI"~5IONA.1. SERVICES
March 1, 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
I'iar
.
"
.;1:)
....:.:"~~
c.U.2/u3
19~O ,.......AlKCT :;''''~cc"
n;VERSUa:. CALIFORNIA 82501
7E.L.C-I"'ONC 'l....ee......Z52Q
10 ""'1.761827
TOTAL AMOUNT NOW DUE AND PAYABLE
TO REDWINE AND SHERRILL................... .'. . ... .. . .. $4,729.02
"
""'.'~'
~'f~~'
4'~f>.-
~.......
.....,....., _ 1t",*-;$'~
I'
, __". .'V"", """"..,. -'''''v.....
110.1. J. ~-'
.
.
L.A.W O""IC~S
REDWINJ:: AND 8fi1,:RRILL
STATltMEN't FOR pft,QJ!'Ii!liii.!;ICNAL SERVICr.e
March 1, 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
.J.-'~-'-'
r. -..)..)/0.:)
1::>>&0 MA_.U:T STIlltC~"l'
RIVER~[De. eAUP'QRNIA &IZS01
TE'-E~~ONe: 71.-e.&4-~PQ
lOlllS-l.,.g..:n
TOTAL AMOUNT NOW DUE AND PAYABLE
TO REmV!NE AND SHERRILL............ _ __ .. .. _. - . . .. .. . .. $2,192.59
"
----,.~
.
.
THE STATE BAR
OF CALIFORNIA
.
OFFICE OF INVESTIGATION
1149 SOUTH HILL STREET. 4th FLOOR. LOS ANGELES, CALIFORNIA 90015.2299
(213) 765.1000 FAX: (213) 785.1318
February 24, 1995
PERSONAL & CONFIDENTIAL
Justin M. McCarthy, Esq.
REDWINE AND SHERRILL
1950 Market Street
Riverside, CA 92501
RE:
Case No: 94
Complainant:
Respondent:
o 16007
Councilman Ralph Hernandez
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 ciosing 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,
SYC/nw
7t'.~. ".'
.~~ .......
'~.JIllt" ';:-:.
.~"t.-l:~,.
....,,-
,,;-. -:t"...,.--