Council Agenda - City of Burbank

Tuesday, June 8, 2004

Agenda Item - 9

 

 

City Attorney�s Office

City of Burbank

Dennis A. Barlow, City Attorney

Memorandum

 

 
DATE: June 8, 2004
TO:

The Honorable Mayor and Members of the City Council

FROM:

Dennis Barlow, City Attorney

By: Terry B. Stevenson, Senior Assistant City Attorney

Judie Sarquiz, Management Services Director
SUBJECT: A RESOLUTION AUTHORIZING THE CITY ATTORNEY�S OFFICE TO RETAIN OUTSIDE COUNSEL FOR A CIVIL SERVICE BOARD APPEAL AND AMENDING THE FISCAL YEAR 2003-2004 BUDGET APPROPRIATING FUNDS IN THE AMOUNT OF $40,000.

PURPOSE

 

On April 28, 2004 the Management Services Director received a request from Stuart Adams, attorney for the Burbank Police Officers Association (BPOA) requesting that an appeal hearing be set before the Burbank Civil Service Board regarding disciplinary action against a Burbank police officer.   During its May meeting the Board set the hearing dates and the City Attorney�s Office planned on representing the City at the hearing.

 

Although in the past the Burbank City Attorney�s Office has represented the City before the Board a recent Court of Appeals decision, Quintero v. Santa Ana (2003) 114 Cal. App. 4th 810, has called into question the ability of the City Attorney�s Office to prosecute an appeal before the Civil Service Board if the attorney advocating for the City has served as an advisor to the Board in the past.  Unfortunately, the Senior Assistant City Attorney who was to represent the City in this matter has, within the last ten years, advised the Board.   This may violate the holding in the Quintero case.  At this time there are no other attorneys available in our office that can prosecute this matter before the Board.

 

Therefore, the City Attorney�s Office must retain outside counsel to prosecute the appeal.  We have selected the law firm of Bannan, Green, Frank & Terzian LLP as outside counsel in this matter.  The attorneys in the firm are experts in employment law and have successfully prosecuted cases before the Board in the past.  None of the attorneys in the firm have ever acted in an advisory capacity before the Board.

 

FISCAL IMPACT

 

$40,000 will be appropriated from the BWP-UUT/In-Lieu Set Aside Account as a contribution to the General Fund Liability Account for the anticipated costs of outside legal counsel as noted above.

 

RECOMMENDATION

 

Staff recommends the City Council adopt the proposed Resolution.

 

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