To: Board of Supervisors
Department or Agency Name(s): County Counsel, Human Services Department
Staff Name and Phone Number: Robert Pittman, County Counsel (707) 565-2421; Angela Struckmann, Human Services Department (707) 565-6990
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
Legal Services Agreement with Gordon-Creed, Kelley, Holl, Angel & Sugarman, LLP
End
Recommended Action:
Recommended action
Authorize Sonoma County Counsel to execute a legal services agreement with the law firm of Gordon-Creed, Kelley, Holl, Angel & Sugerman, LLP for assistance with representation of the Human Services Department, Family, Youth & Children’s Division, in the Court of Appeal and Supreme Court in an amount not to exceed $200,000 through June 30, 2024, including $100,000 for FY 22/23 and $100,00 for FY 23/24. (4/5th Vote Required)
end
Executive Summary:
The Office of the County Counsel advises and represents the Family, Youth & Children’s Division of the Human Services Department (the “Department”) in child abuse and neglect cases filed in the juvenile court pursuant to Welfare and Institutions Code sections 300 et seq. Since 2014, due to County Counsel capacity limits, the Office has contracted with outside counsel to assist with the cases that are appealed to the First District Court of Appeal. Jeremy Sugerman has assisted the Office with appeals since 2017. County Counsel is asking the Board for authority to execute a legal services agreement with Mr. Sugerman’s law firm in an amount not to exceed $200,000 through June 30, 2024.
Discussion:
The Office of the County Counsel advises and represents the Family, Youth & Children’s Division of the Human Services Department (the “Department”) in child abuse and neglect cases filed in the juvenile court pursuant to Welfare and Institutions Code sections 300 et seq. The Department files an average of 450-500 cases each year. Due to the constitutional rights implicated in these cases, parents have numerous opportunities to appeal the juvenile court’s ruling during the life of the case. The children are also represented in court, and occasionally will file an appeal against the Department. On average, the Department is involved in eleven appeals per year, and some are filed as extraordinary writs which have a very sore response time.
Because of a change in the law resulting from a California Supreme Court case, Sonoma County has experienced a significant increase in appeals, which is consistent with other counties.
The County Counsel’s Office does not have the capacity to represent the Department both at the trial and appellate level. The time and attention required to advise and represent the Department on cases in the juvenile court is all consuming for the three attorneys in the Office assigned to child welfare. Jeremy Sugerman is an expert in juvenile dependency appellate work and comes highly recommended by other County Counsel Offices as an expert in juvenile dependency appellate work. His firm offers a special rate to counties for this type of work ($325 partner/$310 associate). The Office’s long-term goal is to build capacity to handle more appellate work in-house.
Strategic Plan:
N/A.
Prior Board Actions:
None
Fiscal Summary
|
Expenditures |
FY 22-23 Adopted |
FY23-24 Projected |
FY 24-25 Projected |
|
Budgeted Expenses |
$100,000 |
$100,000 |
$100,0000 |
|
Additional Appropriation Requested |
0 |
0 |
0 |
|
Total Expenditures |
$100,000 |
$100,000 |
$100,000 |
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
$100,000 |
$100,000 |
$100,000 |
|
State/Federal |
0 |
0 |
0 |
|
Fees/Other |
0 |
0 |
0 |
|
Use of Fund Balance |
0 |
0 |
0 |
|
Contingencies |
0 |
0 |
0 |
|
Total Sources |
$100,000 |
$100,000 |
$100,000 |
Narrative Explanation of Fiscal Impacts:
For FY 22/23, the Human Services Department has a budget for legal services for juvenile dependency of $1.5 million, paid for with state and federal dollars. No budgetary adjustment is needed to pay for this Agreement. Since the Agreement is on an as needed basis, County Counsel can absorb the work in FY 23/24 if necessary to meet the Department’s legal services budget.
|
Staffing Impacts: |
|
|
|
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Gordon-Creed, Kelley, Holl, Angel & Sugerman, LLP Legal Services Agreement
Related Items “On File” with the Clerk of the Board:
None