HomeMy WebLinkAboutMINUTES - 03122013 - C.95RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Counsel, or her designee, to execute on behalf of the County a conflict
waiver acknowledging a potential conflict of interest and consenting to Meyers Nave representing the Blackhawk
Homeowners Association in connection with incorporation of certain properties into the Blackhawk Geologic Hazard
Abatement District (BGHAD).
FISCAL IMPACT:
There is no financial impact.
BACKGROUND:
The County is an existing client of Meyers Nave. Meyers Nave represents the County in various labor and
employment matters. Myers Nave has been asked by the Blackhawk Homeowners Association to represent the
Association in connection with incorporation of certain properties into the Blackhawk Geologic Hazard Abatement
District (BGHAD).
In the absence of the informed written consent of each client, the California Rules of Professional Conduct prohibit
an attorney from representing a client in one matter and at the same time representing a second client in a separate
matter if the second client’s
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 03/12/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Kathleen M. Andrus,
(925) 335-1800
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: March 12, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Kathleen Andrus, Deputy County Counsel, Sharon Anderson, County Counsel, David Twa, County Administrator
C.95
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:March 12, 2013
Contra
Costa
County
Subject:APPROVE AND AUTHORIZE CONFLICT WAIVER WITH MEYERS NAVE
BACKGROUND: (CONT'D)
interests in the separate matter are adverse to those of the first client (Rule 3-310(C)(3)).
In this instance, the representation Meyers Nave provides to the County is unrelated to the representation it
intends to provide to the Blackhawk Homeowners Association. The Contra Costa County Auditor-Controller and
the Treasurer-Tax Collector have advised that they do not object to the Board’s conflict waiver.
Attached is a letter from Meyers Nave that describes the conflict waiver request in more detail.
CONSEQUENCE OF NEGATIVE ACTION:
If the conflict waiver is not granted, Meyers Nave would not be able to represent both the County and the
Blackhawk Homeowners Association.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
February 28, 2013 Letter to Sharon L. Anderson