CITY OF LOS ANGELESMIGUEL A. SANTANA CALIFORNIA ASSISTANT

CITY ADMINISTRATIVE OFFICERS

CITY ADMINISTRATIVE OFFICERBEN CEJA

PATRICIA J. HUBER

ERIC GARCETTI MAYOR

October 25, 2016

REQUEST FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODESECTION 54956.9(d)(1)

REPORT RE:

REQUEST FOR APPROPRIATIONS FOR THE ATTORNEY CONFLICTS PANEL COUNSEL, TERM EXTENSIONS, REASSIGNMENT OF CASES, AND ADDING A

LAW FIRM TO THE PROGRAM

The Honorable Budget & Finance Committeeof the City of Los AngelesRoom 1010, City Hall200 N. Spring StreetLos Angeles, CA 90012

Honorable Members:

Pursuant to California Government Code Section 54956.9(d)(1), the Office of the City Administrative Officer wishes to meet in closed session to discuss the need for additional funding for the Attorney Conflicts Panel counsel, contract extensions, and reassignment of cases.

We ask that the matter be placed on the Budget and Finance Committee’s closed session agenda for its meeting of Monday, October 31, 2016, and on the closed session agenda of the City Council as soon as practicable.

Sincerely

Miguel A.f Santana City Administrative Officer

MAS: VTP:ZSA:14170018

Enclosure

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER1300 CITY HALL EAST, LOS ANGELES, CALIF. 90012-4190 TEL. (213)473-7500

Recyclable and made ton reqtded «esfe.

REPORT from

OFFICE OF THE CITY ADMINISTRATIVE OFFICER

October 25, 2016Date: CAO File No. Council File No. Council District:

To: Budget and Finance Committee

wMiguel A. Santana, City Administrative OfficerFrom:

Reference: Attorney Conflicts Panel

REQUEST TO AMEND EIGHT LEGAL SERVICES CONTRACTS WITH FIVE LAW FIRMS TO INCREASE THE MAXIMUM CONTRACTUAL COMPENSATION, REQUEST TO AMEND THE TERM FOR FOUR LEGAL SERVICES CONTRACTS WITH FOUR LAW FIRMS, REQUEST FOR CASE REASSIGNMENTS FOR SIX CONTRACTS WITH TWO LAW FIRMS, AND REQUEST TO ADD ONE LAW FIRM TO THE ATTORNEY CONFLICTS PANEL PROGRAM

Subject:

RECOMMENDATIONS

That the Council, subject to the approval of the Mayor:

1. Authorize the City Administrative Officer to execute amendments and encumber funds totaling $1,522,000 within the Attorney Conflicts Panel Fund No. 46T, Department 10, for the following Attorney Conflicts Panel law firms:

$39,000 for Amendment No. 2 to Contract No. C-125856 for the law firm of Collinson Law for the matter of Jamar Isom v. City of Los Angeles et al.

a.

$182,000 for Amendment No. 1_to Contract No. C-126227 for the law firm of Collinson Law for the matter of Susan Mellen, et al. v. City of Los Angeles, et al.

b.

$50,000 for Amendment No. 4 to Contract No. C-123776 for the law firm of Ferguson Praet & Sherman for the matter of Emmanuel Bracy v. City of Los Angeles, et al.

c.

$50,000 for Amendment No. 2 to Contract No. C-126730 for the law firm of Ferguson Praet & Sherman for the matter of Edsell Ford v. City of Los Angeles, et al.

d.

$87,000 for Amendment No. 2 to Contract No. C-127058 for the law firm of Lozano Smith for the matter of Leslie D. Wilkerson v. City of Los Angeles, et al.

e.

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$40,000 for Amendment No. 4 to Contract No. C-125519 for the law firm of Lozano Smith for the matter Kim Nguyen v. City of Los Angeles et al.

f.

$124,000 for Amendment No. 1 to Contract No. C-127541 for the law firm of Renne Sloan Holtzman Sakai, LLP for legal services and support relating to Retiree Health Benefits.

9-

$950,000 for Amendment No. 4to Contract No. C-121371 forthe law firm of Richards Watson & Gershon for legal services and support relating to CRA/LA redevelopment dissolution and transition of housing assets.

h.

2. Authorize the City Administrative Officer to execute amendments to amend the term of the following contracts with the following Attorney Conflicts Panel law firms:

Amend the term of Contract No. C-123298 (Reggie Cole matter) with Burke Williams and Sorensen to September 5, 2019.

a.

Amend the term of Contract No. C-118589 (Paul Blumberg matter) with Meyers Nave to January 5, 2020.

b.

Amend the term of Contract No. C-123776 (Emmanuel Bracy matter) with Ferguson, Praet & Sherman to January 30, 2020.

c.

Amend the term of Contract No. C-122798 (James Gordon matter) with Ballard Rosenberg Golper & Savitt, LLP to May 12, 2020.

d.

3. Authorize the City Administrative Officer to reassign one case matter, Adrienne McColl v. Cabrillo Marine Aquarium, et al., Case No. BC610002 to Morris Polich & Purdy, LLP, and execute one legal services contract commencing on a date to be determined, in the Adrienne McColl case matter in which the amount of $50,000 has been established, with the funds to be encumbered within the Attorney Conflicts Panel Fund No. 46T, Department 10.

4. Authorize the City Administrative Officer to reassign five case matters, 1) Kim Nguyen v. City of Los Angeles, et al., Case No. BC513892, 2) Christian Rodriguez, et al. v. City of Los Angeles, et al., Case No. CV11-01135, 3) Cash Jerome Ferguson-Cassidy v. City of Los Angeles, et al., Case No. CV14-06768, 4) John Smith v. City of Los Angeles, et al., Case No.CV14-07435, and 5) Patricia Blake v. City of Los Angeles, Case No. BC607455, to Orbach Huff Suarez & Henderson, LLP, and execute five legal services contracts commencing on dates to be determined, in the Kim Nguyen case matter in the amount of $50,000, in the Christian Rodriguez case matter in the amount of $10,000, in the Cash Jerome Ferguson- Cassidy case matter in the amount of $15,000, in the John Smith case matter in the amount of $75,000, in the Patricia Blake case matter in the amount of $50,000, with the funds to be encumbered within the Attorney Conflicts Panel Fund No. 46T, Department 10.

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Authorize the City Administrative Officer to add the law firm Collins Collins Muir & Stewart to the Tort Negligence section of the Attorney Conflicts Panel program.

5.

Authorize the City Administrative Officer to prepare Controller instructions and to make any technical adjustments needed to implement the intent of the Mayor and Council action, and authorize the Controller to implement these instructions.

6.

SUMMARY

The Office of the City Administrative Officer (CAO) requests authority to: 1) Amend eight legal services contracts under the Attorney Conflicts Panel (ACP) program to increase the maximum compensation for each contract by a cumulative amount of $1,522,000; 2) Amend the term for four legal services contracts under the ACP program; 3) Reassign one ACP case from the law firm of Bradley Curley Asiano Barrabee Abel & Kowalski to the law firm of Morris Polich & Purdy, LLP; 4) Reassign five ACP cases from the law firm of Lozano Smith to Orbach Huff Suarez & Henderson; and 5) Add the law firm Collins Collins Muir & Stewart to the ACP program.

The ACP program is responsible for retaining outside counsel to handle conflict-of-interest matters which the City Attorney’s Office is precluded from handling, and the retention of conflict counsel is made from an established list of pre-qualified law firms readily available based upon assignment needs and criteria. The ACP has ceiling authority to fund its legal service contracts up to the City’s approved contract exemption limit for FY 2016-17 of $145,566, in accordance with the Consumer Price Index. Beyond this amount, City Council authority is required for further funding needs.

Request to Amend Contracts to Increase the Maximum Contractual Limit

The eight contracts that require amendments to increase the maximum compensation are for the following five law firms: 1) Collinson Law; 2) Ferguson, Praet & Sherman; 3) Lozano Smith; 4) Renne Sloan Holtzman Sakai, LLP; and 5) Richards Watson & Gershon. The reason for the requested increases is due to the higher than anticipated expenses related to discovery and preparation of the cases for trial. Also, the matters regarding the former Community Redevelopment Agency properties are ongoing. Attachment A provides a brief case description, case status and funding summary of each contract assignment in this request.

The proposed cumulative increase for the eight contracts is $1,522,000. This amount will cover both incurred and projected costs through the end of FY 2016-17. The increase in the contract limit for these contracts and the anticipated increase in expenses for other current contract assignments will not require additional funding for the ACP Fund No. 46T in FY 2016-17.

Request to Amend Contracts to Extend the Term

The four contracts requiring amendments to extend the contract terms are for the following law firms: 1) Burke Williams & Sorensen, LLP; 2) Meyers Nave, 3) Ferguson, Praet & Sherman, and 4) Ballard Rosenberg Golper & Savitt, LLP. Attachment B provides a brief case description of each contract

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assignment.

Request to Reassign Cases

One case requiring reassignment is Adrienne McColl v. Cabrillo Marine Aquarium, et al., Case No. BC610002. This case was assigned to Bradley Curley Asiano Barrabee Abel & Kowalski, and Ann Asiano was the lead attorney. Ms. Asiano has joined the law firm of Morris Polich & Purdy, LLP, and reassigning the case to this firm would go outside the pre-established ACP Panel. The CAO has verified the reassignment with Bradley Curley Barrabee & Kowalski, and the firm is amenable to the transfer. The CAO believes it is in the best interest of the City that this case be reassigned on the basis that it would be more efficient and cost effective for continued representation by Ms. Asiano. In addition, as part of the original assignment selection process, Ms. Asiano has evidenced significant legal experience in cases involving sexual misconduct allegations.

The other five cases requiring reassignment are: 1) Kim Nguyen v. City of Los Angeles, et al., Case No. BC513892,2) Christian Rodriguez, etal. v. City of Los Angeles, etal., Case No. CV11-01135,3) Cash Jerome Ferguson-Cassidy v. City of Los Angeles, etal., Case No. CV14-06768,4) John Smith v. City of Los Angeles, et al., Case No.CV14-07435, and 5) Patricia Blake v. City of Los Angeles, Case No. BC607455. These cases were assigned to Lozano Smith, and Kevin Gilbert was the lead attorney who worked on all five matters. Mr. Gilbert has joined the law firm Orbach Huff Suarez & Henderson, LLP, and reassigning the cases to this firm would go outside the pre-established ACP Panel. The CAO has verified the reassignments with Lozano Smith, and the firm is amenable to the transfer. The CAO believes it is in the best interest to the City that these cases be reassigned on the basis that it would be more efficient and cost effective for continued representation by Mr. Gilbert. Additionally, the City Attorney has worked extensively with Mr. Gilbert on these cases, and requested that he continue his representation in these matters.

The contracts shall be identical in all respects, including the terms and conditions and the attorney billing rates, as currently in place with Bradley Curley Barrabee & Kowalski and Lozano Smith. Both Morris Polich & Purdy, LLP and Orbach Huff Suarez & Henderson, LLP will be subject to the City’s compliance policies and procedures, and the proposed contracts will be subject to review by the City Attorney’s Office as to form.

Request to Add Law Firm

The law firm of Collins Collins Muir & Stewart, LLP (CCMS LLP) is currently representing County of Los Angeles (County) in Darlene Hernandez v. County, et al., Case No. BC609606. Consistent with the provisions outlined in Council File 16-0232, CAO has the discretion to add uniquely qualified but previously unseated law firms to the established panel. Due to the information and documents provided, City is unable to ascertain whether County is potentially liable for any of the allegations raised by Plaintiff. Based on the information and discovery received to date, the incident location has been confirmed to be a City of Los Angeles facility. The CAO believes it is in the best interest of the City that this case be assigned to the existing law firm currently handling defense for the County (CCMS LLP) on the basis that it would be more efficient and cost effective since discovery has been initiated towards representation of County and can be used in the City’s defense similarly. In

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addition, the Office of the City Attorney had also recommended that CCMS LLP defend the City through the ACP program.

The proposed contracts and contract amendments are in compliance with City Financial Policies and the CAO has complied with all applicable City procedures in awarding the contracts. The ACP Fund No. 46T was provided an adopted budget of $4,125 million for FY 2016-17 for contract related expenditures.

FISCAL IMPACT STATEMENT

The proposed contract amendments are in compliance with City Financial Policies. The recommendations in this report will not have an impact upon the General Fund.

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Attachments

Attachment AOffice of the City Administrative Officer Attorney Conflicts Panel (ACP) - Proposed Amendment Funding

Case Status & Purpose for Funding _____ Request_____

CurrentContractAmount

ProposedAmendment

Amount

RevisedContract

TotalCase Contract

No.No. Case TypeLaw Firm Case Name

Police Tort Litigation - Excessive Force and Wrongful Arrest

Additional funds for trial prep, trial in state court, and case close out.

CV14-8826 AB(RZx) $116,000 $C-125856 nr\rvvvv $ 155,0003PCollinson Law Jamarr Isom v. City*, et al.

Additional funds for discovery, motions, and trial prep.____________

Police Tort Litigation -WrongfulIncarceration $100,000C-126227 $ 182,000CV15-03006 $ 282,000Susan Mellen, et al. v. City*, et al.Collinson Law

Complex Police Litigation - Excessive Force

Additional funds for pre­trial motions; trial prep, and trial in federal court. $125,000 “ 50,000 $ 175,000CV13-09350 C-123776Ferguson Praet & Sherman Emmanuel Bracy v. City*, et al.

Additional funds for discovery, pre-trial motions, trial prep, and trial in early 2017.

CV14-07268/BC57480

Complex Police Litigation - Excessive Force $150,000, $ 50,000 $ 200,0000 C-126730Ferguson Praet & Sherman Edsell Ford v. City*, et al.

Employment- Discrimination and Harassment

Additional funds for trial prep, trial in state court, and case close out. $ 87,000 $ 187,000Leslie D. Wilkerson v. City, et al. BC449758 C-127058 $ 100,000Lozano Smith

Additional funds for trial prep, trial in state court, and defense of federal action.

Complex Police Tort Litigation - Personal Injury____________ $Kim Nguyen v. City*, et al. BC513892 C-125519 40,000Lozano Smith $ 175,000 $ 215,000

Additional funds for trial prep, trial in state court, and case close out.

Legal consultation relating to Retiree Health Benefits $___ 124,000BC489113 Labor C-127541 $ 100,000 $ 224,000Renne Sloan Holtzman Sakai, LLP

Additional funds for general dissolution issues pertaining to enforceable obligations, real estate dispositions, and housing.

CRA/LA Redevelopment Dissolution and Transition of Housing Assets

General Dissolution Issues $ 950,000 3,640,000Richards, Watson & Gershon N/A C-121371 $ 2,690,000

$ $

$ 1,522,000Total*City represents the City of Los Angeles

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Attachment BOffice of the City Administrative OfficerAttorney Conflicts Panel (ACP) - Proposed Amendment for Extension of Contract Term

ContractExpiration

Date

RevisedContract

TermCase Contract

Case Name No. No.Law Firm Case Type Case Status

The case is on a temporary stay pending plaintiffs criminal case on another matter. C-123298CV12-01332 Police Litigation 9/5/2019Burke Williams & Sorensen Reggie Cole v. City; et al. 9/5/2016

Plaintiff is appealing a ruling on defendants' Motion for Judgment on the Pleadings, so the civil matter is pending.CV10-5072 C-118589Paul Blumberg v. City, et al. Police Litigation 1/5/2020Meyers Nave 1/5/2017

Pre-trial motions and trial prep through trial in Oct. 2016. Plaintiff may request continuance of trial.

Complex Police Litigation_____CV13-09350 C-123776Ferguson Praet & Sherman Emmanuel Bracy v. City, et al. 1/30/2017 1/30/2020

Plaintiff is appealing a ruling on a summary judgment motion. If reversed, the case will be returned to the trial court.BC585835 Police Employment C-122798Ballard Rosenberg Golper & Savitt James Gordon v. City, et al. 5/12/2017 5/12/2020

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