TO: Board of Supervisors
FROM: Sheriff-Coroner
MEETING DATE: July 20, 2021
DEPARTMENT CONTACT:
Sheriff Matt Kendall
PHONE:
463-4085
ITEM TYPE: Regular Agenda
TIME ALLOCATED FOR ITEM: 30 Min
AGENDA TITLE:
title
Discussion and Possible Action Including Approval of Agreement with the Law Office of Duncan M. James in the Amount of $50,000 to Provide the Sheriff with Legal Assistance Pursuant to Government Code section 31000.6, Effective Upon Execution with No Term End Date
(Sponsor: Sheriff-Coroner)
End
RECOMMENDED ACTION/MOTION:
recommendation
Approve Agreement with the Law Office of Duncan M. James in the amount of $50,000 to provide the sheriff with legal assistance pursuant to Government Code section 31000.6, effective upon execution with no term end date; authorize Chair to sign same.
End
PREVIOUS BOARD/BOARD COMMITTEE ACTIONS:
None.
SUMMARY OF REQUEST:
The office of County Counsel serves as the legal advisor to all County departments and officials on matters related to County business. Because county government divides authority between separately elected officials, however, there are some situations in which County Counsel cannot advise two officials or bodies simultaneously. Specifically, County Counsel may be ethically required to abstain from simultaneously advising or representing different bodies or officials if they have contrary positions in a matter in which they have sufficient independent authority to litigate against each other.
Per Government Code section 31000.6, should such a conflict of interest arise, the Board is required to contract with an outside law firm to assist the Sheriff in the performance of his duties. The Board may limit the scope of that contract to those issues for which County Counsel has an ethical conflict.
At this time, County Counsel believes that such a conflict of interest exists as to two discrete issues: (1) the operation of the Mendocino County Sheriff's Office information tech...
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