FULL PACKET_2005-02-07 - Laserfiche WebLink

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CITY COUNCIL MEETING DATE: ~ ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: AGREEMENT TO PROVIDE LEGAL SERVICES WITH LIEBERT, CASSIDY WHITMORE APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~. CITY MANAGER CONTINUED TO ~ FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Liebert, Cassidy Whitmore with a maximum hourly rate of $240.00 to provide legal services related to the Quintero Personnel Board case. DISCUSSION While the City Attorney's Office provides the vast majority of its legal services and representation though staff counsel, from time to time it is necessary to contract for services through outside counsel. Aspects of the pending Quintero Personnel matter present one of those situations. This matter is a rehearing before the Santa Ana Personnel Board of the termination of an employee whose initial termination was overturned by the 4th District Court of Appeals. Briefly, the Court of Appeal ruled that the relationship between the Assistant City Attorney who prosecuted the original termination in front of the Santa Ana Personnel Board and the Board was such that there was the appearance of possible bias by the Board in favor of the City and against Mr. Quintero. In order to short circuit the anticipated same argument being made by counsel for Quintero relative to the re-hearing, and possible prolonged litigation coinciding therewith, the decision was made to retain an outside counsel completely unaffiliated with the City and the City Attorneys' Office. This is a one-time retention made specifically relevant to the facts of this matter due to the Appellate Court ruling. 25A-1