HomeMy WebLinkAboutMINUTES - 04181989 - 1.28 TO- BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel Contra
By: Mary Ann McNett, Deputy
Costa
DATE: April 4, 1989 CION" "7
SUBJECT: Litigation - Walker v. Contra Costa County Fire Protection Dist. , et al.
USDC No. C 86-0225 JPV, Superior Court No. 304576
SPECIFIC REQUEST(S) 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 RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S1:
ACTION OF BOARD ON AlDril 18, 1989 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.
County Administrator ATTESTED _ April 18, 198. 9
CC'. Auditor-Controller
PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Contractor
BY � � ,DEPUTY
M382/7-83