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HomeMy WebLinkAboutS2- City Attorney CITY OF SAN BERNARDINO - REQUEST wOR 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: I 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. . f 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. O� 3-6-ft CITY OF SAN BER' IRDINO - 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 ) . I 75.0264 1930 MARKET STPEET A;VERSIOE. CALIFORNIA 9Z501 L A'vV OFr iCfs^s 7ELCOI"014E 7;4-8ESa2520 R.EDWINE AND SHERRILL n090-199,94527 STATEMENT FOR PROFE55IONAL CERVICES 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 TOTAL AMOUNT NOW DUE AND PAYABLE ITO REDWINE AND SHERRILL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,729.02 I � - M.4- , i�60 .nAan ET STRG L'Y RIVERSIDE. CALIFORNIA 92501 LAW OFFIC=S TE_EPHONE 714-684-?.52Q REmWINE AND SHERRILL STATEMENT FOR PROFESSIONAL SERVICES March It 1995 CONFIDENTIAL TO BE OPENED BY ADDRESSEE ONLY I 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 TO REDWINE AND SHERRILL. . . . . . . . . . . . . . . . . . . . . • • $2, 182. 58 e'" THE STh rE BAR �`� �_ OFFICE OF INVESTIGATION � z OF CALIFORNIA Y �II(y 39.,y'I� 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 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, elia mpbe Senior Investigator SYC/nw