pages: CityCouncil/2005-07-19.pdf, 23
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CityCouncil | 2005-07-19 | 23 | Mayor Johnson responded in the affirmative. Councilmember Matarrese inquired what the typical lead-time is from the time the City Attorney knows outside counsel is needed to the time outside counsel is hired. The City Attorney responded usually the same day the City receives a lawsuit; for example, in a recent lawsuit, the City had 30 days to answer but in the interim the City had a motion for preliminary injunction; within 24 hours of receiving the notice, the Council would receive a paragraph describing the lawsuit received: the immediate notification to the Council would include a description as to what the City Attorney intends to do; a component would be the discretion would be limited through the [counsel] panels, so the Council would know who the City Attorney's office would be selecting; the panels would be reviewed annually; the reason for the immediacy is due to the requirement to respond immediately; there is a balance because when litigation is received, by the next meeting, the Council could indicate that it does not approve of what is being done and how it is being done; the practical reality is that within the first two weeks, significant initial work would be done, which is why the proposal might not be the perfect solution; a lot of knowledge will be given to the Council; there could be additional oversight and opportunities for change after seeing how the proposal works. Councilmember Matarrese inquired whether $35,000 would cover two weeks. The City Attorney responded $35,000 was picked as the average cost of litigation; the City Attorney's office actually totaled up costs and $35,000 was the average cost; 50% of the cases are more than $35,000 and 50% are less; the Council will know about the matter within 24 hours, get a report and budget within 30 days, and have the opportunity to schedule the matter for closed session; anything which is significant, such as a bigger case, will automatically go to Council for approval in a closed session; Council will know [about lawsuits] within 24 hours and always have the opportunity to request the matter be placed on the agenda; the City Attorney's discretion in the selection of outside counsel will be from the competitively selected panels of attorneys. Councilmember Matarrese stated the Charter states : "The Council, or any board with the consent of the Council, may empower the City Attorney, at his request to employ special legal counsel;" what is being discussed is how the Council empowers the City Attorney to make choices; a practical approach is to empower a certain dollar Regular Meeting Alameda City Council 23 July 19, 2005 | CityCouncil/2005-07-19.pdf |