HomeMy WebLinkAboutMINUTES - 06192001 - C.142 0.02.
TO: BOARD OF SUPERVISORS
FROM: Silvano B. Marchesi, County Counsel
DATE: June 19, 2001
SUBJECT: Waiver of Potential Conflict of Interest
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS :
APPROVE and AUTHORIZE County Counsel , or designee, to execute
waiver of potential conflict of interest of MEYERS, NAVE, RIBACK,
SILVER & WILSON in reference to legal advice and assistance
regarding compliance with SB 402 and labor negotiations with
affected labor organizations .
FISCAL IMPACT•
None
BACKGROUND/REASONS FOR RECOMMENDATIONS:
The County has contracted with MEYERS, NAVE, RIBACK, SILVER &
WILSON for the provision of legal services to the Human Resources
Department needed to advise and assist the County with its
compliance with Code of Civil Procedure section 1299 et seq. (SB
402) and with the labor negotiations with the Deputy Sheriffs'
Association and District Attorney Investigators' Association,
through any arbitration that may be required. The contract
specifies that Arthur Hartinger, a partner in MEYERS, NAVE, RIBACK,
SILVER & WILSON, will be the principal attorney for this purpose .
Elizabeth Silver, one of the partners in the same law firm,
represents the City of Oakley. The City of Oakley incorporated in
1999 . As part of the incorporation process, LAFCO determined the
amount of property tax to be transferred from the County to the
City. Ms . Silver has indicated that there is or may be some
dispute relating to the property tax transfer.
CONTINUED ON ATTACHMENT: x YES SIGNATURE �
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B ARD COMMITTEE
----APPROVE OTHER
SIGNATURE (S) :
ACTION OF BO ON June 19, 2001 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT #IV TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Human Resources ATTESTED June 19, 2001
cc: County Counsel JOHN SWEETEN, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
AND C UNTY ADMINISTRATOR
BY ��/ DEPUTY
Board of Supervisors
June 19, 2001
Page 2
The Rules of Professional Conduct govern attorneys' conduct .
Those rules do not prohibit MEYERS, NAVE, RIBACK, SILVER & WILSON
from representing both Oakley and the County in this situation.
However, Rule 3-310 (0) (3) requires that the County (and the City)
consent to the firm' s continued representation of the County in the
labor and employment matters set forth above and its continued
representation of the City of Oakley in connection with issues
arising from the incorporation of Oakley, including issues
concerning the property tax transfer.
VLD: ld
H:\Board Actions\Conflict waiver SB402.wpd •