HomeMy WebLinkAboutMINUTES - 06031986 - 1.3 (2) 1-030
TO- BOARD OF SUPERVISORS
FROM: R.E. JORNLIN, DIRECTOR Contra
Social Service Department Costa
DATE: May 7, 1986 C`.""' "1
SUBJECT: LEGAL REPRESENTATION TO JOIN A FEDERAL COURT CHALLENGE
OF AFDC SANCTIONS FOR FEDERAL FISCAL YEARS 1981 AND 1982
SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION
Approve Contra Costa County's joining with other states in a federal
court challenge to the AFDC fiscal sanction process for Federal
Fiscal Years 1981 and 1982 utilizing the law firm of Covington &
Burling, 1201 Pennsylvania Avenue, N.W. , P.O. Box 7566, Washington,
DC. 20044, with cost of representation to be Contra Costa County's
pro rata share of approximately $40,000 in fees.
II. FINANCIAL IMPACT
The pro rata share of a legal fee of $40,000 is prudent and economical
in view of the potential adverse impact that.'A'FDC error rate sanctions
may have on the County's general funds.
III. BACKGROUND
On 11/5/85, the Board of Supervisors approved Contra Costa County's
joining with Riverside County in obtaining the services of Covington
& Burling to represent us in an appeal before the Department of Health
& Human Services Grant Appeals;Board on the Federal Fiscal sanctions
for Fiscal Year 1980/81. That appeal is still pending, however, Contra
Costa County will only be participating on an "amicus" basis.
We recently received a report advising us that a federal court
challenge has been initiated and we are invited to join in that action.
Covington & Burling is encouraging states and counties to join in :the
litigation; and the State Attorney General's office has recommended that
the State Department of Social Services also become a party to this
litigation.
It is estimated that the cost to California will be no more than
$40,000. Contra Costa County's share of the fee will be pro-rated based
on the potential sanction liability. This does not include the cost of
any appeal if the federal court were to rule against us.
The Department has reviewed this matter with County Counsel and
they concur with our recommendation.
REJ/SJ
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND 1 OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S1:
ACTION OF BOARD ON June 3 1.986- 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.
ORIG: Social Service Dept. (Attn: Contracts) J /98
CC: County Administrator ATTESTED d,_�
Auditor-Controller P L BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382/7-83 '