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HomeMy WebLinkAboutMINUTES - 08122014 - C.07RECOMMENDATION(S): APPROVE and AUTHORIZE the County Counsel, or designee, to execute on behalf of the County a conflict waiver acknowledging a potential conflict of interest and consenting to Hanson Bridgett LLP representing the East Contra Costa Fire Protection District (District) in connection with the District’s implementation of new health and welfare plans for its employees. FISCAL IMPACT: There is no financial impact. BACKGROUND: The County is an existing client of Hanson Bridgett. Hanson Bridgett represents the County in various labor and employment matters, employee benefits, and litigation-related matters. The East Contra Costa Fire Protection District (District) is also an existing client of Hanson Bridgett. Hanson Bridgett provides labor and employment, governmental and litigation-related legal services to the District. The District and the County have agreed that the District will no longer participate in the County’s Health and Welfare Plans as of January 1, 2015. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/12/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYES 5 NOES ____ ABSENT ____ ABSTAIN ____ RECUSE ____ Contact: Kathleen 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: August 12, 2014 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Kathleen Andrus, Deputy County Counsel, David Twa, County Administrator, Judith Boyette, Esq. C. 7 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:August 12, 2014 Contra Costa County Subject:APPROVE AND AUTHORIZE CONFLICT WAIVER WITH HANSON BRIDGETT BACKGROUND: (CONT'D) Hanson Bridgett has been asked to represent the District in connection with the District’s implementation of new health and welfare plans for its employees. Hanson Bridgett will not be involved in the separation of the District from the County’s plans. 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 interests in the separate matter are adverse to those of the first client (Rule 3-310(C)(3)). In this instance, the representation Hanson Bridgett provides to the County is unrelated to the representation it intends to provide to the District. The County Administrator’s Office has advised that it does not object to the potential conflict and recommends its waiver. Attached is a letter from Hanson Bridgett that describes the conflict waiver request in more detail. CONSEQUENCE OF NEGATIVE ACTION: If the conflict waiver is not granted, Hanson Bridgett will continue to represent the County in connection with the unrelated matters, and will continue to represent the District in connection with unrelated matters, but will be unable to represent the District in connection with the matter described above. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Consent to Conflict of Interest - ECCFPD