To: Board of Supervisors
From: County Counsel
Meeting Date: November 15, 2021
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Department Contact: |
Christian Curtis |
Phone: |
234-6885 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 15 Min |
Agenda Title:
title
Discussion and Possible Action Including Approval of Agreement with Manning & Kass for Legal Assistance for Mendocino County Sheriff’s Office in the Amount of $50,000 Effective November 16, 2021 Through June 30, 2022
(Sponsor: County Counsel)
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Recommended Action/Motion:
recommendation
Approve agreement with Manning & Kass for legal assistance for Mendocino County Sheriff’s Office in the amount of $50,000, effective November 16, 2021 through June 30, 2022; and authorize Chair to sign same.
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Previous Board/Board Committee Actions:
On August 3, 2021, the Board of Supervisors considered selection of outside counsel to provide legal advice and representation to the Mendocino County Sheriff’s Office regarding areas in which County Counsel has a conflict of interest and designation of scope of conflict work; by general consensus the Board authorized the hiring of Manning & Kass to represent the Sheriff, in the event that the Sheriff does not choose one of the four firms submitted for consideration.
Summary of Request:
Under Government Code section 31000.6, the Board of Supervisors is required to contract with outside counsel to the Sheriff when specific legal services necessary for the performance of his duties cannot be provided by County Counsel due to a conflict of interest. Previously, the Board of Supervisors agreed to provide Sheriff Kendall with such counsel, but did not agree with the Sheriff’s preferred law firm due to concerns over costs and conflict of interest. Sheriff Kendall subsequently initiated a court proceeding (Kendall v. Board of Supervisors, 21CV00561) seeking an order to compel the Board to contract with his preferred firm. That matter is still pending in the Mendocino County Superior Court.
Under the relevant statute, the Board has an obligation to provide counsel without first waiting for an order of the Court. Although the Sheriff is litigating over the selection of counsel, County Counsel recommends entering into this agreement to assure that the Board is in compliance with its statutory obligations. The vendor has been made aware that the agreement might have to be terminated depending on what orders the Superior Court ultimately issues. Additionally, the vendor is aware that Sheriff Kendall might choose not to engage their services until that litigation has been resolved.
Alternative Action/Motion:
Take no action at this time.
How Does This Item Support the General Plan? n/a
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: n/a
Fiscal Details:
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source of funding: 1015 |
budgeted in current f/y: No |
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current f/y cost: 862189 |
if no, please describe: |
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annual recurring cost: n/a |
revenue agreement: N/A |
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budget clarification: An adjustment will be needed. |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Deputy Clerk II |
Final Status:Approved |
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Date: November 16, 2021 |
Executed Item Type: Agreement Number: 21-196 |
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Note to Department Number of Original Agreements Returned to Dept: 0 Original Agreement Delivered to Auditor? No |
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