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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
CITY ATTORNEY
Subject:
Request for Payment of Legal Fees.
Dept: CITY ATTORNEY
Date: May 11,2006
MICC Meeting Date: May 15,2006
Synopsis of Previous Council Action:
April 17, 2006 - Council authorized reimbursement of$3,000 to James F. Penman for his payment to Attorney
Erica Tabachnick and payment of an amount not to exceed $900 to Attorney Erica Tabachnick for legal fees.
Recommended Motion:
That the Mayor and Common Council allocate the sum of $4,040.28 from the City Attorney Outside Counsel
budget (Line Item 001-051-5503) for payment to Erica Tabachnick in the amount of$1,040.28, and authorize payment
of additional bills to Erica Tabachnick, not to exceed $3,000, without further approval of the Mayor and Common
Council.
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Signature
Contact person: James F. Penman
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Phone:
Ward:
5255
All
Finance:
Council Notes:
Agenda Item No. /5
5 /IS/I) ~
SDE/ed/StateBarComplaint.ReqPymtLegalFees.ReqCouncilAction.wpd
STAFF REPORT
Council Meeting Date: Mav 15. 2006
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council 7;)
James F. Penman, City Attorney; Jr.
May 11, 2006
Request for Payment of Legal Fees
On April 17, 2006, the Council authorized the allocation of $3,900 from the City
Attorney Outside Counsel budget to reimburse City Attorney James F. Penman for his
payment of $3,000 to attorney Erica Tabachnick, and an amount not to exceed $900
without further action of the Mayor and Common Council, to pay Ms. Tabachnick for any
remaining fees due to her for her representation of City Attorney James F. Penman.
Such fees were incurred as a result of a State Bar complaint filed against City
Attorney James F. Penman by former Mayor Judith Valles in regard to actions taken by the
City Attorney within the course and scope of his employment with the City of
San Bernardino on September 19, 2005. The State Bar ultimately determined that there
were insufficient grounds for disciplinary action.
Further billing has been received by Ms. Tabachnick which exceed the previously
approved amount by $1,040.28. Therefore, it is requested that the Mayor and Common
Council allocate the sum of $1,040.28 to be paid to Erica Tabachnick from the City
Attorney Outside Coun~el budget (Line Item 001-051-5503) and authorize payment of
additional bills to Erica Tabachnick, not to exceed $3,000, without further approval of the
Mayor and Common Council.
S DE/ed/StateBarComplaint[StaffReport]