Council Agenda - City of Burbank

Tuesday, December 19, 2006

Agenda Item - 10


 

 

City Attorney�s Office

City of Burbank

Dennis A. Barlow, City Attorney

Memorandum

 

 

DATE: December 19, 2006
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 OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF BURBANK AND ATKINSON, ANDELSON, LOYA, RUDD & ROMO.

 

PURPOSE

 

On November 20, 2006, the Management Services Director received a request from Peter Horton, 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.

 

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.

 

In recognition of this the Management Services Department has budgeted funds to retain outside legal counsel for these matters.  For this appeal, the City Attorney�s Office has selected the law firm of Atkinson, Andelson, Loya, Ruud & Romo as outside counsel, specifically Irma Rodriguez Moisa.  Ms. Moisa is a recognized expert in employment law and has represented several cities in court and administrative proceedings.  Ms. Moisa�s resume is attached for the Council�s review.

 

Ms. Moisa has agreed to fix her fee (and that of other partners at the firm) at $250 an hour for two years and we would like to take advantage of that offer by retaining the firm on as needed basis for appeals before the Civil Service Board, the Public Employee�s Retirement System, the Public Employment Relations Board, and other assistance to the City Attorney�s Office on public employment issues.

 

FISCAL IMPACT

 

As noted retention of outside counsel for these appeals has been budgeted by the Management Services Department so there is no fiscal impact.

 

RECOMMENDATION

 

Staff recommends the City Council adopt the proposed Resolution.

 

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