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TO• BOARD OF SUPERVISORS 0
71
FROM: Victor J. Westman, County Counsel Contra
By: Edward Lane Jr. , Deputy '
DATE: March 25, 1988 Costa
Coulty
SUBJECT: Litigation - Walker v. Contra Costa, County Fire Protection
Dist. et al. USDC No. C 86-0225 JPV,' Superior Ct. No. 304576
SPECIFIC REQUESTS) OR RECOMMENDATION S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Approve contract with the law firm of Whitmore, Kay and Stevens
for legal defense of the Contra Costa County Fire. Protection
District and employees thereof in connection with. the above-
referenced cases and authorize the Chairman to execute the
Agreement on behalf of the District.
REASONS FOR RECOMMENDATION/BACKGROUND:
The Fire Protection District and certain of its employees were
sued in the Federal District Court. Plaintiff .alleged civil
rights violations. The law firm of Whitmore, Kay and Stevens was
retained to defend the District and its employees in that action,
but that contract has expired and a new contract is needed. -
Since the Federal Case was filed, plaintiff has filed a similar
action in the Superior Court. Since the factual and legal issues
in both cases are similar, the Chief of the District and County
Counsel believe that it would be more economical to have a firm
familiar with those issues represent the District and its
employees in both cases.
CONSEQUENCES OF FAILURE TO FOLLOW RECOMMENDATION:
Other counsel will need to be retained to continue representation
in these cases. This will result in a duplication of effort and
result in higher cost to the District to prepare the defense of
these cases.
CONTINUED ON ATTACHMENT; YES SIGNATURE: '
RECOMMENDATION OF COUNTY ADMINISTRATOR
APPROVE OTHER RECOMMENDgTION �OF� ARD B ..
COMMITTEE
_.._._ � � '
S12MTUREISI:
ACTION OF _BOARD ON Aril 5 , 19B8
APPROVED AS REC sfi'?RIFNDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
.UNANIMOUS (ABSENT ? AND CORRECT COPY OF, AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES O - TETE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc, County. Administrator ATTESTED April 5 , 1988
County Counsel
Contra Costa , County PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Fire Protection District
BY
M382/7-83 ,DEPUTY