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<br />CITY COUNCIL MEETING DATE: <br /> <br />~ <br />~ <br />~ <br /> <br />REQUEST FOR <br />COUNCIL ACTION <br /> <br />CLERK OF COUNCIL USE ONLY: <br /> <br />FEBRUARY 7, 2005 <br />TITLE: <br />AGREEMENT TO PROVIDE LEGAL <br />SERVICES WITH LIEBERT, <br />CASSIDY WHITMORE <br /> <br />APPROVED <br /> <br />0 As Recommended <br />0 As Amended <br />0 Ordinance on 1 st Reading <br />0 Ordinance on 2nd Reading <br />0 Implementing Resolution <br />0 Set Public Hearing For <br /> <br />~. <br /> <br />CITY MANAGER <br /> <br />CONTINUED TO <br /> <br />~ <br /> <br />FILE NUMBER <br /> <br />RECOMMENDED ACTION <br /> <br />Direct the City Attorney to prepare and authorize the City Manager and <br />Clerk of the Council to execute an agreement with Liebert, Cassidy <br />Whitmore with a maximum hourly rate of $240.00 to provide legal services <br />related to the Quintero Personnel Board case. <br /> <br />DISCUSSION <br /> <br />While the City Attorney's Office provides the vast majority of its legal <br />services and representation though staff counsel, from time to time it is <br />necessary to contract for services through outside counsel. Aspects of <br />the pending Quintero Personnel matter present one of those situations. <br />This matter is a rehearing before the Santa Ana Personnel Board of the <br />termination of an employee whose initial termination was overturned by <br />the 4th District Court of Appeals. <br /> <br />Briefly, the Court of Appeal ruled that the relationship between the <br />Assistant City Attorney who prosecuted the original termination in front <br />of the Santa Ana Personnel Board and the Board was such that there was <br />the appearance of possible bias by the Board in favor of the City and <br />against Mr. Quintero. <br /> <br />In order to short circuit the anticipated same argument being made by <br />counsel for Quintero relative to the re-hearing, and possible prolonged <br />litigation coinciding therewith, the decision was made to retain an <br />outside counsel completely unaffiliated with the City and the City <br />Attorneys' Office. This is a one-time retention made specifically <br />relevant to the facts of this matter due to the Appellate Court ruling. <br /> <br />25A-1 <br /> <br />