CITY OF LOS ANGELES MIGUEL A. SANTANA CALIFORNIA ASSISTANT CITY ADMINISTRATIVE OFFICERS CITY ADMINISTRATIVE OFFICER BEN CEJA PATRICIA J HUBER ‘m, ERIC GARCETTI MAYOR March 29, 2016 REQUEST FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) REPORT RE: REQUEST FOR APPROPRIATIONS FOR THE ATTORNEY CONFLICTS PANEL COUNSEL, TERM EXTENSIONS, AND REASSIGNMENT OF CASES The Honorable Budget & Finance Committee of the City of Los Angeles Room 1010, City Hall 200 N. Spring Street Los Angeles, CA 90012 Honorable Members: Pursuant to California Government Code Section 54956.9(d)(1), the Office of the City Administrative Officer wishes to meet in closed session to discuss the need for additional funding for the Attorney Conflicts Panel counsel, contract extensions, and reassignment of cases. We ask that the matter be placed on the Budget and Finance Committee's closed session agenda for its meeting of Monday, April 4, 2016, and on the closed session agenda of the City Council as soon as practicable. Sincerely, 1 c.Xjf- Miguel A. Santana City Administrative Officer MAS:VTP:ZSA:14160108 Enclosure an equal employment opportunity-affirmative action employer 1300 CITY HALL EAST, UOS ANGELES, CALIF. 90012-4190 TEL. (2 1 3) 473-7500
Transcript
CITY OF LOS ANGELESMIGUEL A. SANTANA CALIFORNIA ASSISTANT
CITY ADMINISTRATIVE OFFICERS
CITY ADMINISTRATIVE OFFICERBEN CEJA
PATRICIA J HUBER‘m,
ERIC GARCETTI MAYOR
March 29, 2016
REQUEST FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODESECTION 54956.9(d)(1)
REPORT RE:
REQUEST FOR APPROPRIATIONS FOR THE ATTORNEY CONFLICTS PANEL COUNSEL, TERM EXTENSIONS, AND REASSIGNMENT OF CASES
The Honorable Budget & Finance Committeeof the City of Los AngelesRoom 1010, City Hall200 N. Spring StreetLos Angeles, CA 90012
Honorable Members:
Pursuant to California Government Code Section 54956.9(d)(1), the Office of the City Administrative Officer wishes to meet in closed session to discuss the need for additional funding for the Attorney Conflicts Panel counsel, contract extensions, and reassignment of cases.
We ask that the matter be placed on the Budget and Finance Committee's closed session agenda for its meeting of Monday, April 4, 2016, and on the closed session agenda of the City Council as soon as practicable.
Sincerely,
1 c.Xjf-Miguel A. Santana City Administrative Officer
MAS:VTP:ZSA:14160108
Enclosure
an equal employment opportunity-affirmative action employer
1300 CITY HALL EAST, UOS ANGELES, CALIF. 90012-4190 TEL. (2 1 3) 473-7500
REPORT from
OFFICE OF THE CITY ADMINISTRATIVE OFFICER
Date: March 29, 2016 CAO File No. Council File No. Council District:
Budget and Finance CommitteeTo:
From: Miguel A. Santana, City Administrative Officer
Attorney Conflicts PanelReference:
REQUEST TO AMEND ELEVEN LEGAL SERVICES CONTRACTS WITH NINE LAW FIRMS TO INCREASE THE MAXIMUM CONTRACTUAL COMPENSATION, REQUEST TO AMEND THE TERM FOR TWO LEGAL SERVICES CONTRACTS WITH TWO LAW FIRMS, AND REQUEST FOR CASE REASSIGNMENT AND FOR ONE CONTRACT WITH DENTONS US, LLP
Subject:
SUMMARY
The Office of the City Administrative Officer (CAO) requests authority to: 1) Amend eleven legal services contracts under the Attorney Conflicts Panel (ACP) program to increase the maximum compensation for each contract by a cumulative amount of $2,372,000; 2) Amend the term for two legal services contracts under the ACP program; and 3) Reassign one ACP case from the law firm of McKenna Long & Aldridge, LLP to the law firm of Dentons US, LLP.
The ACP program is responsible for retaining outside counsel to handle conflict-of-interest matters which the City Attorney’s Office is precluded from handling, and the retention of conflict counsel is made from an established list of pre-qualified law firms readily available based upon assignment needs and criteria. The ACP has ceiling authority to fund its legal service contracts up to $100,000. Beyond this amount, City Council authority is required for further funding needs.
Request to Amend Contracts to Increase the Maximum Contractual Limit
The eleven contracts that require amendments to increase the maximum compensation are for the following nine law firms: 1) Ballard Rosenberg Golper & Savitt, LLP; 2) Burke, Williams & Sorensen, LLP; 3) Collinson Law; 4) Ferguson, Praet & Sherman; 5) Hurrell & Cantrall, LLP; 6) Klein Hornig, LLP; 7) Liebert Cassidy Whitmore; 8) Lozano Smith; and 9) Richards Watson & Gershon. The reason for the requested increases is due to the higher than anticipated expenses related to discovery and preparation of the cases for trial. Also, the matters regarding the former Community Redevelopment Agency properties and the U.S. Department of Housing and Urban Development
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audit and litigation related to the American with Disabilities Act is ongoing. Attachment A provides a brief case description, case status and funding summary of each contract assignment in this request.
The proposed cumulative increase for the eleven contracts is $2,372,000. This amount will cover both incurred and projected costs through the end of FY 2015-16. The increase in the contract limit for these contracts and the anticipated increase in expenses for other current contract assignments will not require additional funding for the ACP Fund No. 46T in FY 2015-16.
Request to Amend Contracts to Extend the Term
The two contracts requiring amendments to extend the contract terms are for the following two law firms: 1) Ballard Rosenberg Golper & Savitt, LLP; and 2) Ferguson, Praet & Sherman. Attachment B provides a brief case description of the contract assignment.
Request to Reassign Case
The one case requiring reassignment is Brian C. Mulligan v. James Nichols, et al., Case No. CV13- 00836. This case assigned to McKenna Long & Aldridge, LLP which merged with Dentons US, LLP in June 2015. Reassigning this case to this firm will go outside the pre-established ACP Panel.
The CAO has verified the merger of McKenna Long & Aldridge, LLP with Dentons US, LLP. The CAO believes it is in the best interest to the City that this case be reassigned on the basis that: 1) there is no change to the staff assigned to Case No. CV13-00836; and 2) the lead attorney on Case No. CV13-00836 continue to work on this case and it would be more efficient and cost effective for continued representation by Mr. Jules Zeman. By doing so, this action would entail entering into one legal service contracts with Dentons, LLP which has been budgeted for the initial funding of $80,000 for the Brian C. Mulligan v. James Nichols, et al. case. The contract shall be identical in all respects, including the terms and conditions and the attorney billing rates, as currently in place with all ACP contracts. Dentons US, LLP will also be subject to the City’s compliance policies and procedures, and the proposed contracts would be subject to review by the City Attorney's Office as to form.
The proposed contracts and contract amendments are in compliance with City Financial Policies and the CAO has complied with all applicable City procedures in awarding the contracts. The ACP Fund No. 46T was provided an adopted budget of $4,125 million for FY 2015-16 for contract related expenditures.
RECOMMENDATIONS
That the Council, subject to the approval of the Mayor:
1. Authorize the City Administrative Officer to execute amendments and encumber funds totaling $2,372,000 within the Attorney Conflicts Panel Fund No. 46T, Department 10, for the following Attorney Conflicts Panel law firms:
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a. $50,000 for Amendment No. 5 to Contract No. C-122798 for the law firm of Ballard Rosenberg Golper & Savitt, LLP for the matter of James Gordon v. City of Los Angeles.
$400,000 for Amendment No. to Contract No. C-125820 for the law firm of Burke, Williams & Sorensen, LLP for the matter of John Smith v. City of Los Angeles, et al.
b.
$91,000 for Amendment No. 1 to Contract No. C-125856 for the law firm of Collinson Law for the matter of Jamarr Isom v. City of Los Angeles, et al.
c.
d. $50,000 for Amendment No. 1_to Contract No. C-126730 for the law firm of Ferguson Praet & Sherman for the matter of Edsell Ford v. City of Los Angeles, et al.
$25,000 for Amendment No. 3 to Contract No. C-123776 for the law firm of Ferguson, Praet & Sherman for the matter of Emmanuel Bracy v. City of Los Angeles, et al.
e.
f. $80,000 for Amendment No. 2 to Contract No. C-125621 for the law firm of Hurrell & Cantrall, LLP for the matter Clinton Alford, Jr. v. City of Los Angeles.
$158,000 for Amendment No. 2 to Contract No. C-123914 for the law firm of Hurrell & Cantrall, LLP for the matter of Tara McMahon v. LAPD Officer Luis Valenzuela.
g-
$350,000 for Amendment No. 4 to Contract No. C-122802 for the law firm of Klein Hornig, LLP for legal services and support relating to Housing and Urban Development (HUD) Section 504 and Americans with Disabilities Act (ADA) compliance and enforcement matters.
h.
$500,000 for Amendment No. 5 to Contract No. C-123166 for the law firm of Liebert Cassidy Whitmore for the matter Stephen Miller v. City of Los Angeles, et al.
i.
$113,000 for Amendment No. 1 to Contract No. C-126767 for the law firm of Lozano Smith for the matter of John Smith v. City of Los Angeles, et al.
J-
k. $605,000 for Amendment No. 2 to Contract No. C-125432 for the law firm of Richards Watson & Gershon for the matter of Marlton Recovery Partners, LLC v. Community Redevelopment Agency/Los Angeles, et al.
2. Authorize the City Administrative Officer to execute amendments to amend the term of the following contracts with the following Attorney Conflicts Panel law firms:
a. Amend the term of Contract No. C-122798 (James Gordon matter) with Ballard Rosenberg Golper & Savitt, LLP to May 12, 2017.
b. Amend the term of Contract No. C-122141 (Brian C. Mulligan matter) with Ferguson, Praet & Sherman to March 18, 2019.
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Authorize the City Administrative Officer to reassign one case matter, Brian C. Mulligan v. James Nichols, et al., Case No. CV13-00836 to Dentons US, LLP, and execute one legal services contract commencing on a date to be determined, in the Brian C. Mulligan case matter in which the amount of $80,000 has been established, with the funds to be encumbered within the Attorney Conflicts Panel Fund No. 46T, Department 10.
3.
Authorize the City Administrative Officer to prepare Controller instructions and to make any technical adjustments needed to implement the intent of the Mayor and Council action, and authorize the Controller to implement these instructions.
4.
FISCAL IMPACT STATEMENT
The proposed contract amendments are in compliance with City Financial Policies. The recommendations in this report will not have an impact upon the General Fund.
MAS:VTP:ZSA:SCL14160108
Attachments
Office of the City Administrative Officer Attorney Conflicts Panel (ACP) - Proposed Amendment Funding
Attachment A
Case Status & Purpose for Funding ______Request_____
CurrentContractAmount
Proposed Amendment __Amount
RevisedContract
TotalCase Contract
Law Firm Case Name No. Case Type No.Additional funds for summary judgment motions and potential appeal of motions
Police Employment Litigation • Retaliation and Discrimination $ 50,000James Gordon v. City" C-122798Ballard Rosenberg Golper & Savitt, LLP 6C 491600 $ 175.000 225.QQQ
Additional funds for discovery, pre-trial motions and trial prep through trial in April 2016.____
CV14-07435 MMM $ 400,000John Smith v. City*, et al. C-125820 $ 435,000Burke, Williams & Sorensen, LLP £ 35.000
Police Tort Litigation - Excessive Force and Wrongful Arrest_____
Additional funds for discovery, motions and up through trial in April 2016 $ 91,000 t 116,000Collinson Law Jamarr Isom v. City*, etal. CV14-06626 S 25,000C-125S56
Additional funds for discovery, motions andtrial prep.___________ $ 50,000 $ 150,000Ferguson, Praet & Sherman Edsell Ford v. City*, et al. CV 14-07256 $ 100,000
Complex Police Tort Litigation - Excessive Force
Additional funds for trial prep through trial. I 25,000Emmanuel Bracy v. City*, et al. CV13-.09350 $ 125,000Ferguson, Praet 6 Sherman C-123776 $ 100,000Additional funds for discovery, pre-trial motions and trial prep through trial. Trial to be rescheduled pending resolution of criminal action on this mafter.
CV 14-08874 FMO
Police Tort Litigation - Excessive Force.Clinton Alford, Jr. v. City* C-125621 S 80,000 $ 130,000$ 50,000Hurrell & Cantrall. LLP
Additional funds for discovery, pre-trial motions and trial prep through trial in March 2016.
Additional funds Tor summary judgment rnolions and potential appeal of motions
Employment - Diuscrimination and HarassmentStephen Miller v. City*, et al.Liebert Cassidy Whitmore $ 500,000 $ 1,400,000CV13-05148 $ 900,000C-123166
Additional funds for discovery, pre-trial motions and trial prep through trial in June 2016,____
Complex Police Tort Litigation - Wrongful IncarcerationJohn Smith v. City*, et al. £ 113,000 $ 148,000CV14-07435 MM $ 35,000Lozano Smith C-126767
Additional funds for drafting and negotiating appraisal and pending invoices for case closeout.
Complex Business and General Litigation - Rights of Property Use
Marl ton Recovery Partners, LLC v. CRA/LA,$ 605,000etal. ,BC527351 C-125432 $ 1,165,000Richards Watson & Gershon Li 560,000
$ 2,372,000Total*CHy represents the City of Los Angeles
14160108
Attachment BOffice of the City Administrative OfficerAttorney Conflicts Panel (ACP) - Proposed Amendment for Extension of Contract Term
RevisedContract
Term
ContractExpiration
DateContractCase
Case StatusCase Type No.Law Firm Case Name No.Before Court of Appeal, plaintiff is trying to overturn summary judgment motion_____
Police Employment Litigation - Retaliation and Discrimination C-122796BC 491800 5/12/2016Ballard Rosenberg Golper & Savitt, LLP James Gordon v. City 5/12/2017
Defense verdict, but caseComplex Police Tort Litigation_________ C-122141 3/18/2019CV13-00836Brian C. Mulligan v. City on appeal 3/18/2016Ferguson, Prael & Sherman
