HomeMy WebLinkAboutMINUTES - 06232009 - C.17RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of
Contra Costa County, a contract for specialized professional services with Bingham,
McCutchen, LLP, in connection with two pending class action lawsuits in U.S. District
Court.
FISCAL IMPACT:
Payments under this agreement may not exceed $300,000 without written approval by the
County Counsel. Payments will be made from the General Liability Internal Services Fund
and are subject to reimbursement by the County’s excess insurance carrier.
BACKGROUND:
Two class action lawsuits, arising out of strip searches in the juvenile detention facility and
county jail, have been filed against the County. The lawsuits, captioned
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 06/23/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Gregory Harvey, Assistant
County Counsel, 335-1890
I hereby certify that this is a true and correct copy of an action taken and entered
on the minutes of the Board of Supervisors on the date shown.
ATTESTED: June 23, 2009
David J. Twa, County Administrator and Clerk of the Board
of Supervisors
By: EMY L. SHARP, Deputy
cc: Gregory Harvey, Assistant County Counsel, Auditor-Controller, County Administrator, Risk Management
C. 17
To:Board of Supervisors
From:Silvano B. Marchesi, County Counsel
Date:June 23, 2009
Contra
Costa
County
Subject:Contract With Bingham McCutchen for Specialized Professional Legal Services
BACKGROUND: (CONT'D)
Rosalety Barnett v. County of Contra Costa , USDC No. C04-04437 TEH, and Russell
Moyle v. County of Contra Costa, USDC No. C05-02324 JCS. allege that a class of
plaintiffs was searched, without reasonable suspicion that they were carrying weapons,
drugs, or contraband, in violation of the Fourth Amendment of the Constitution of the
United States. Our class counsel, Peter Obstler, who has been defending the County in this
case, recently moved from the law firm of O’Melvany & Myers to the Bingham McCutchen
firm. In order to continue to retain his services, the County needs to enter into a contract
with the new law firm. This contract will replace the previous contract with O’Melvany &
Meyers. This contract reflects a three-percent reduction in hourly attorney fees to be paid to
the new firm from the rates previously charged by O’Melvany and Myers. The County’s
Risk Manager and the County Counsel believe that the services of Peter Obstler, through
Bingham McCutchen, will continue to be of assistance to the County Counsel’s Office in
defending the County against the lawsuit, and recommend that the firm be retained.
CONSEQUENCE OF NEGATIVE ACTION:
Mr. Obstler will no longer be able to represent the County in this action.
CHILDREN'S IMPACT STATEMENT: