To: Board of Supervisors of Sonoma County
Department or Agency Name(s): Sonoma County Counsel; Human Services Department
Staff Name and Phone Number: Tashawn Sanders, 565-2421; Angela Struckmann, 565-5800
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
Legal Services Agreements with Rachel M. Bavis, and Gordon-Creed, Kelley, Holl, Angel and Sugerman, LLP
End
Recommended Action:
Recommended action
A) Authorize the Sonoma County Counsel and Human Services Department to execute Legal Services Agreement with Rachel M. Bavis for assistance with appellate work in the area of juvenile dependency for the terms through June 2027, with a maximum amount of $300,000 for three fiscal years. (4/5th Vote Required)
B) Authorize the Sonoma County Counsel and Human Services Department to execute the Legal Services Agreement with Gordon-Creed, Kelley, Holl, Angel and Sugerman LLP for assistance with appellate work in the area of juvenile dependency, for a term through June 30, 2026, with a maximum amount not to exceed $200,000. (4/5th Vote Required)
end
Executive Summary:
The Office of County Counsel advises and represents the Family, Youth and Children’s Division of the Human Services Department in child abuse and neglect cases filed in the juvenile court under Welfare and Institutions Code section 300 et seq. Since 2014, due to County Counsel capacity limits, the Office has contracted with outside counsel to assist with cases that are appealed to the First District Court of Appeals and California Supreme Court.
Rachel M. Bavis has assisted the Office with appeals since 2013. County Counsel is asking the Board for authority to execute a legal services agreement with Ms. Bavis in an amount not to exceed $300,000 through June 30, 2027.
Jeremey 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 of Gordon-Creed, Kelley, Holl, Angel and Sugerman LLP due to the specialized nature of their work in juvenile dependency appellate matters in an amount not to exceed $200,000 through June 30, 2026.
Discussion:
The Office of County Counsel advises and represents the Family, Youth and Children’s Division of the Human Services Department (the “Department”) in child abuse and neglect cases filed in the juvenile court under Welfare and Institutions Code section 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 short 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 in all matters. We anticipate the increase to remain constant for at least a few more years until the law is more settled. The Office’s long-term goal is to build capacity to handle more appellate work in-house. Due to the increase in appeals, County Counsel needs assistance with overflow appellate work to represent the Department both at the trial and the appellate level.
Rachel M. Bavis, Esq. is an experienced appellate attorney who previously provided services to the County as an extra help attorney to County Counsel in 2013, working exclusively on juvenile dependency appeals. In 2021, she opened up her own practice in Oregon, but remains licensed in California.
In September 2021, County Counsel entered into a contract with Rachel M. Bavis, Esq. for Fiscal Year (FY) 2021/22 in an amount not to exceed $50,000 to provide outside counsel assistance with cases that are appealed to the California Court of Appeal and the Supreme Court. Additional services were needed in FY 2021/22 to meet the increase in appellate cases, including a case in which the County is the appealing party. County Counsel executed a First Amendment with Rachel M. Bavis on May 9, 2022, for an increase of an amount not to exceed $320,000 through June 30, 2024. County Counsel is asking the Board for authority to execute a new legal services agreement with Ms. Bavis in an amount not to exceed $300,000 through June 30, 2027. Ms. Bavis is an expert in juvenile dependency appellate work and assists the Office at the competitive rare of $250/hour on an as needed basis.
Jeremy Sugerman, Esq. is an experienced appellate attorney who has also assisted the County with juvenile appeals since 2017. Mr. Sugerman is highly recommended by other County Counsel Offices as an expert in juvenile dependency appellate work. His firm offers a special rate to counties ($360 partner/$350 associate) on an as needed basis.
In November 2020, County Counsel entered into a contract with Mr. Sugerman’s law firm through FY 2021/22 in an amount not to exceed $100,000 to provide outside counsel assistance with cases that are appealed to First District Court of Appeal. In July 2022, County Counsel entered into another contract to provide legal services through FY 2023/24 in an amount not to exceed $200,000. County Counsel is asking the Board for authority to execute a new legal services agreement with Mr. Sugerman’s law firm in an amount not to exceed $200,000 through June 30, 2026 on an as needed basis.
The agreements proposed are a fee for service contract with no minimum amount of work guaranteed. The attorneys will only be assigned work pursuant to the Contract if County Counsel cannot handle the matter in house and if HSD identifies a budget source to pay for the legal work. The agreements also contain a termination clause allowing the County to terminate the agreement at any time. County Counsel reviews all legal services invoices for payment.
Strategic Plan:
N/A
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
On June 13, 2022, the Board authorized County Counsel to execute a first amendment to the legal services agreement with Rachel M. Bavis increasing the maximum amount to $320,000 and extending the term through June 30, 2024.
On January 5, 2021, the Board authorized County Counsel to execute a legal services agreement with Gordon-Creed, Kelley, Holl, Angel and Sugerman LLP through June 30, 2022 in an amount not to exceed $100,000. On December 14, 2021, the Board authorized County Counsel to execute a first amendment to the agreement increasing the maximum amount to $200,000 and extending the term through June 30, 2022.
On October 18, 2022, the Board authorized County Counsel to execute a legal services agreement with Gordon-Creed, Kelley, Holl, Angel and Sugerman LLP through June 30, 2024 in an amount not to exceed $200,000.
Fiscal Summary
|
Expenditures |
FY24-25 Adopted |
FY25-26 Projected |
FY26-27 Projected |
|
Budgeted Expenses |
$200,000 |
$200,000 |
$100,000 |
|
Additional Appropriation Requested |
0 |
0 |
0 |
|
Total Expenditures |
$200,000 |
$200,000 |
$100,000 |
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
0 |
0 |
0 |
|
State/Federal |
$200,000 |
$200,000 |
$100,000 |
|
Fees/Other |
0 |
0 |
0 |
|
Use of Fund Balance |
0 |
0 |
0 |
|
General Fund Contingencies |
0 |
0 |
0 |
|
Total Sources |
$200,000 |
$200,000 |
$100,000 |
Narrative Explanation of Fiscal Impacts:
For FY 2024/25, 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 2025/26 and 2026/27 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):
None
Attachments:
Draft Legal Services Agreement with Gordon-Creed
Draft Legal Services Agreement with Rachel Bavis
Related Items “On File” with the Clerk of the Board:
None