To: Sonoma County Board of Supervisors
Department or Agency Name(s): County Counsel and Auditor-Controller-Treasurer-Tax Collector
Staff Name and Phone Number: Lauren Walker 565-2421
Vote Requirement: 4/5th
Supervisorial District(s): All
Title:
Title
Hanson Bridgett Legal Services Agreement and Conflict Waiver
End
Recommended Action:
Recommended action
A) Authorize County Counsel to enter into a legal services agreement of an amount not to exceed $75,000 and encompassing some work already performed with the Hanson Bridgett LLP law firm to assist the ACTTC in addressing certain payroll issues identified relating to the employees of SCTA.
B) Authorize County Counsel to sign a conflict waiver in order for Hanson Bridgett to represent both the County and SCTA in this matter.
(4/5th Vote Required)
end
Executive Summary:
The Payroll Division of the ACTTC has discovered certain correctible reporting issues relating to the employees of the Sonoma County Transportation Authority ("SCTA"), for which ACTTC provides payroll services. Outside legal expertise is required to correct these issues. Because the outside legal firm will be representing both the County and the SCTA, and the firm has a preexisting relationship with the County, the Rules of Professional Conduct require both the County and SCTA to sign a conflict waiver.
Discussion:
The Payroll Division of ACTTC provides payroll services to SCTA, and recently discovered certain reporting issues related to SCTA's employees. These issues are entirely correctible, but require specific expertise of tax and benefits issues. Staff requests the approval of a legal services contract with Hanson Bridgett to assist the County in correcting these issues in a contract amount not to exceed $75,000. This amount includes some work already performed by Hanson Bridgett, which was required to timely address these issues. The contract would also allow Hanson Bridgett to assist the County in identifying any similar reporting issues that ACTTC may discover relating to other entities for which the ACTTC provides payroll services.
Section 1.7 of the Rules of Professional Conduct provides that a lawyer shall not, without informed written consent from each affected client, represent a client if there is a risk the lawyer's representation of the client will be materially limited by the lawyer's responsibilities to or relationships with another client, a former client or a third person, or by the lawyer's own interest. Because Hanson Bridgett has a preexisting relationship with the County on tax and other matters, it is required to obtain waivers from both the County and SCTA in order to continue representing SCTA. The conflict waiver language for the County is included within the legal services agreement. SCTA's Board of Directors has already authorized its Executive Director to sign a separate conflict waiver.
Prior Board Actions:
N/A
Fiscal Summary
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FY 20-21 Adopted |
FY21-22 Projected |
FY 22-23 Projected |
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Narrative Explanation of Fiscal Impacts:
Auditor-Controller-Treasurer-Tax Collector will attempt to absorb the cost of this contract within existing Auditor-Controller Section appropriations. If ACTTC is unable to absorb some or all of this cost, we will return to the Board during Consolidated Budget Adjustments or as part of year-end closing to request the use of Contingencies.
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment A: Legal Services Agreement
Related Items “On File” with the Clerk of the Board:
N/A