Council Agenda - City of Burbank

Tuesday, October 4, 2005

Agenda Item - 10

 

 

City Attorney�s Office

City of Burbank

Dennis A. Barlow, City Attorney

Memorandum

 

 
DATE: October 4, 2005
TO:

Mary Alvord, City Manager
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 CIVIL SERVICE BOARD APPEALS.

 

PURPOSE:

 

The purpose of this report is to request City Council approval of a resolution authorizing the City Attorney�s Office to retain the law firm of Bannan, Green, Frank & Terzian LLP to handle appeals to the Civil Service Board.

 

BACKGROUND:

 

Although in the past the Burbank City Attorney�s Office has represented the City before the Civil Service 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 Board if the attorney advocating for the City has served as an advisor to the Board in the past.  Because the City Attorney�s office is relatively small, many of the attorneys have worn different hats over the years and have both prosecuted and advised the board on these matters.  In order to avoid any potential conflict, and/or challenge for the fairness of the hearing, it is the recommendation of the City Attorney�s office that outside counsel be retained to represent the City�s interest for disciplinary appeals.

 

ANALYSIS AND CONCLUSION:

 

Presently, there is one case pending where outside counsel must represent the City before the Civil Service Board.  Therefore, the City Attorney�s Office must retain outside counsel to prosecute such appeals.  The City Attorney�s Office has selected the law firm of Bannan, Green, Frank & Terzian LLP as outside counsel for this purpose.  The attorneys in the firm are experts in employment law and have successfully prosecuted cases before the Civil Service Board in the past.  None of the attorneys in the firm have ever acted in an advisory capacity before the Board.

 

FISCAL IMPACT:

 

The Management Services Department has budgeted $70,000 for Fiscal Year 2005-06 for the purpose of hiring outside counsel when necessary.  Based on past experience, it is believed that this amount should be adequate to cover any cases before the Board where outside counsel will be needed.

 

RECOMMENDATION:

 

Staff recommends that the City Council adopt the proposed Resolution Authorizing the City Attorney�s Office to Retain Outside Counsel for Civil Service Board Appeals.

 

 

 

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