HomeMy WebLinkAboutMINUTES - 02121991 - 1.86 TD: BOARD OF SUPERVISORS
Victor J. Westman, County Counsel
FROM:
ra
February 12, 1991 �J�„r" "7
DATE;
Consent for County Counsel ' s Joint Representation ofounty and
SUBJECT: LAFCO
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Approve the waiver and consent for joint County Counsel
representation of the County and LAFCO and authorize the Board Chair to
sign it.
BACKGROUND:
In 1990 Government Code section 56384 (b) was adopted and provides
that, if the County Counsel' s Office is subject to a potential conflict
of interest while advising the Local Agency Formation Commission
(LAFCO) , the Commission shall appoint legal counsel to advise it.
LAFCO has determined that strict adherence to Government Code
section 56384 (b) would in many circumstances cause undue delays, deprive
the Commission of necessary counsel, or cause unnecessary costs .
Therefore, LAFCO has adopted an informed consent and waiver pursuant to
Rule 3-310 of the State Bar of California and Rule 1 . 7 of the American
Bar Association Model Rules of Professional Conduct. LAFCO declared its
intent in adopting said consent and ,waiver to be to eliminate the need
to hire outside counsel pursuant to Government Code section 56384 (b) .
In order for LAFCO' s consent and waiver to be completely effective, this
Board must adopt a similar consent and waiver to cover situations where
the potential conflict occurs because the County and LAFCO are both
clients of the County Counsel .
County Counsel has informed this Board fully of the ramifications
of the waiver, by letter dated January 15, 1991 . Also; County Counsel
has prepared a form of waiver for this Board. It is recommended that
the Board approve the Waiver and authorize the Chair to sign on behalf
of the County. Copies of the January 15th letter and the waiver are in
file with the Clerk of the Board.
i
CONTINUED ON ATTACHMENT: YES SIGNATURE;
im./0
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO RD COMMITTEE .
APPROVE OTHER -
SIGNATURE(Sl:
ACTION OF BOARD ON February 12,_ 1991 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT• ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED FEB 12 1991
County Administrator PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382/7-83