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HomeMy WebLinkAbout11-City Attorney , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION .m: Diane C. Roth Sr. Assistant City Attorney Dept: City Attorney Subject: RESOLUTION RATIFYING THE RETENTION OF ATKINSON, ANDELSON, LOY A, RUDD & ROMO FOR LEGAL SERVICES Date: August 30, 2007 Meeting Date: September 17,2007 Synopsis of Previous Council action: None Recommended motion: Adopt Resolution. . ~~ ty Signature Contact person: Diane C. Roth Phone: 5355 Supporting data attached: Ward: N/A FUNDING REQUIREMENTS: Amount: Source: fAcct. No.) fAcct. Description) Finance: Council Notes: ..262 Agenda Item No. 1I}f) / I . . '1 - L( -() 7 . . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE RETENTION OF ATKINSON, ANDELSON, LOYA, RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn Wilcox v. Kari Veryil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, Case No. CIVSS 705111. BACKGROUND On or about Thursday, August 23,2007, the City was served with a subpoena for confidential personnel records and notice of an ex parte hearing in the case of Evlyn Wilcox v. Kari Veryil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, Case No. CIVSS 705111. There was to be a hearing on Monday, August 27, 2007. The City Attorney had a conflict of interest with regard to this matter. Therefore, the Senior Assistant City Attorney recommended that the City Manager select independent counsel to represent and advise the City on its response to the subpoena. Charter 9 241 gives the Mayor and Council authority to hire outside counsel upon the recommendation of and written consent of the City Attorney. However, since there was insufficient time to go to Council before the hearing, the City Manager selected an attorney, and the Senior Assistant City Attorney gave consent to retain the attorney he selected, Irma Rodriguez Moisa of the law firm of Atkinson, Andelson, Loya, Ruud & Romo. Ms. Moisa submitted a retainer agreement to the City on or about Wednesday, August 29,2007. The rate for her services is $225 per hour, plus reasonable costs. However, in the court hearings on August 27 and 28, the Court issued its final orders in the matter and the subpoena became moot. Therefore, the attorneys' retainer agreement is no longer necessary. However, pursuant to Charter 9 241, the retention of the law firm must nonetheless by ratified and the hourly rate must be approved by the Mayor and Council. FINANCIAL IMPACT It is estimated that the total amount of fees will be between $500 and $1,000. RECOMMENDATION Adopt resolution. I . . . 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE RETENTION OF ATKINSON, ANDELSON, LOY A, 3 RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, 4 Case No. CIVSS 705111. 5 WHEREAS, The City was served on or about August 23, 2007, with a subpoena for 6 confidential personnel records for a hearing to be held on August 27,2007, in relation to the case of 7 Evlyn Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County 8 Superior Court, Case No. CIVSS 705111; and 9 WHEREAS, the City, therefore, required immediate legal advice before the matter could lobe brought before the Mayor and Common Council; and, 11 WHEREAS, the City Attorney had a conflict of interest with regard to that case which 12 made it necessary to retain independent counsel; and, . 13 WHEREAS, the law firm of Atkinson, Andelson, Loya, Rudd & Romo was selected and 14 retained by the City Manager, with the consent of the Senior Assistant City Attorney pursuant to 15 Charter ~ 241; 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 17 OF SAN BERNARDINO AS FOLLOWS: 18 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby 19 approve and ratifY the retention of Atkinson, Andelson, Loya, Rudd & Romo for legal services in 20 relation to the case of Evlyn Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San 21 Bernardino County Superior Court, Case No. CIVSS 705111, at a fee of $225.00 per hour plus 22 reasonable costs, not to exceed the total amount of$I,OOO.OO. 23 /1/ 24 /1/ 25 //1 . 26 //1 27 /1/ 28 /1/ 8 COUNCIL MEMBERS: AYES 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY . 14 JOHNSON 15 MC CAMMACK 16 17 . 18 19 20 21 22 23 24 25 . 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE RETENTION OF ATKINSON, ANDEL SON, LOYA, 2 RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn Wilcoxv. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, 3 Case No. CIVSS 705111. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 7 of ,2007, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel Clark, City Clerk The foregoing Resolution is hereby approved this _ day of ,2007. PATRlCKJ. MORRIS, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney B~~ Sr. Assistant City Attorney 2