HomeMy WebLinkAboutMINUTES - 01132009 - C.14 (3) TO: BOARD OF SUPERVISORS E L Contra
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FROM: David Twa, Costa
County Administrator ""'u" z
DATE: January 5, 2008 County
SUBJECT: TRANSFER FROM DESIGNATION FOR LITIGATION AND AUDIT EXCEPTIONS
FOR OFFICE OF THE SHERIFF
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
AUTHORIZE the Auditor-Controller to reduce the Designation for Litigation and Audit Exceptions; and
AUTHORIZE the transfer of appropriations in the amount of$144,137 to the Office of the Sheriff for payment to
Rains, Lucia, and Wilkinson LLP for legal services.
FISCAL IMPACT:
This transaction will reduce the General Fund reserve in the Designation for Litigation and Audit Exceptions by
$144,137.
BACKGROUND:
On May 17, 2007, the Deputy Sheriff's Association (DSA) filed a lawsuit in the United State District Court of
Northern California alleging that the County was in violation of the Fair Labor Standards Act (FLSA) for failing
to pay the appropriate amount of FLSA overtime compensation. On June 16, 2008, a settlement agreement
was reached between the DSA and the County, which stipulates in part that the County will compensate the
DSA for legal fees. Legal counsel for the DSA was provided by Rains, Lucia, and Wilkinson LLP during the
term of this case resulting in legal fees of$144,137. These fees were paid by the County from the Office of the
Sheriff's operational budget with the understanding that.the department would be reimbursed from the
Designation for Litigation and Audit Exceptions.
CONTI ED ON ATTACHMENT: Yes No SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ION OF BOARD COMN11TTEE
APPROVE OTHER
SIGNATURE S
ACTION OF BOARD ONAPPROVED AS RECOMMENDED ✓ OTHER
i
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES
OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT 0 7!d )
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: January 13,214
DAVID TWA,CL RK OF THE BOARD OF SUPERVISORS
Contact: Lisa Driscoll,335-1023 AND COUNTY ADMINISTRATOR
cc: County Administrator's Office(Driscoll,Ewell)
Auditor-Controller
Sheriffs Fiscal(Scudero) BY: DEPUTY
AUDITOR-CONTROLLER USE ONLY
CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY:
APPROPRIATION ADJUSTMENT QX BOARD OF SUPERVISORS
TIC 27 ❑ COUNTY ADMINISTRATOR
ACCOUNT CODING BUDGET UNIT: 0583 -Workforce Develoment Board
EXPENDITURE
ORGANIZATION SUB-ACCOUNT EXPENDITURE ACCOUNT DESCRIPTION <DECREASE> INCREASE
2505 3550 Judgements and Damages 144,137 00
0990 6301 Reserve for Contingencies 144,137 00
0990 6301 Appropriable New Revenue 144,137 00
TOTALS 144,137 00 288,274 00
APPROVED EXPLANATION OF REQUEST
AUDITOR-CONTROLLER: To initiate transfer of funds from Designation of Litigation
BY: DATE and Audit Exceptions to Sheriff for reimbursement of
COUNTY Aid IN_ISTRATOR: Q� Donning and Doffing legal costs.
B ��(/� DATE • (/
BOARD OF SUPERVISORS:
AYES: Gioia,Uilkema,Piepho,
Glover,and Bonilla
NOES: None
ABSENT: None
ABSTAIN: None
l
fi
County Finance Director
SIGNATURE TIILL DATE
APPROPRIATION APOO SOS
BY: DAT�•4 7c ADJ.JOURNAL NO.
(Deputy) U
Rev
CONTRA COSTA COUNTY
ESTIMATED REVENUE ADJUSTMENT
TIC 24
ACCOUNT CODING BUDGET UNIT: 0005 -'Revenue -General County
REVENUE
ORGANIZATION ACCOUNT REVENUE ACCOUNT DESCRIPTION INCREASE <DECREASE>
0005 8981 Fund Balance Available 144,137 00
TOTALS1 144,1371001 01 00
APPROVED EXPLANATION OF REQUEST
AUDITOR-CONTROLLER- To initiate transfer of funds from Designation of Litigation
BY: DATE and Audit Exceptions to Sheriff for reimbursement of
COUNTY INiSTRATOR: Donning and Doffing legal costs.
DATE
BOARD OF SUPERVISORS:
AYES: Gioia, Uilkema,Piepho,
Glover,and Bonilla
NOES: None
ABSENT: None
ABSTAIN: None
County Finance Director
REVENUE ADJ. RA00 5054
BY: a DATE` at JOURNAL NO.