HomeMy WebLinkAbout25A - LEGAL SERVICES
CITY COUNCIL MEETING DATE:
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REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
FEBRUARY 7, 2005
TITLE:
AGREEMENT TO PROVIDE LEGAL
SERVICES WITH LIEBERT,
CASSIDY WHITMORE
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on 1 st Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
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CITY MANAGER
CONTINUED TO
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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
Agreement with Liebert, Cassidy Whitmore
February 7, 2005
Page 2
Peter Brown is a Partner at Liebert Cassidy Whitmore, an emploYment law
firm that provides legal representation and litigation services to public
entities and private employers throughout California. Peter Brown has
been involved in all areas of the firm's practice since 1989,
representing cities, counties, special districts, and school and
community college districts in litigation, administrative proceedings,
negotiations and grievances.
FISCAL IMPACT
Funds are budgeted and available
(account no. 80-180-6191).
in
the
Personnel
Services
account
APPROVED AS TO FUNDS AND ACCOUNTS:
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Francisco Gutierrez
Executive Director
Finance & Management Services
Agency
25A-2