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<br /> <br />6.1E <br />Page 1 <br /> <br />May 8, 2006 <br /> <br />Subject <br />Retention of Burke Williams and Sorenson as special legal counsel to undertake various <br />investigatory, grievance and litigation matters on behalf of Redwood City. <br /> <br />Recommendation <br />Authorize the City Attorney to execute a Legal Services Agreement with Burke Williams <br />and Sorenson to serve as special legal counsel at the direction of the City Attorney with <br />respect to various legal actions as they may arise from time to time. <br /> <br />Background <br />From time to time, the City of Redwood City has required the retention of special legal <br />counsel. While in some instances such as personal injury matters, the City has historically <br />utilized the services of a single firm, with respect to other legal matters, a similarly efficient <br />practice has not been established. In certain instances such as employment litigation, the <br />timeliness of calling upon special legal counsel can be critical. As an example, when the <br />City is served with a civil complaint, response to the complaint must occur within thirty <br />days. In order for the City to undertake a vigorous defense, having special legal counsel <br />immediately available to the City Attorney and pertinent City staff can be critical. <br />Moreover, while the City Manager has certain budgetary authority to obtain outside <br />personal services, when considering the costs of litigation, it cannot be known as to <br />whether the total costs will remain within the City Manager's jurisdiction. Thus, having <br />authority to retain certain special legal counsel when the need arises leads to more efficient <br />and effective representation. <br /> <br />With respect to Burke Williams and Sorensen, the Human Resources Department has <br />previously utilized its services. In particular, Luis Saenz, Esq. of Burke Williams and <br />Sorenson has been engaged to undertake various assignments including personnel <br />investigations, employee grievances and employment litigation. The cun-ent hourly rate of <br />$225.00 is competitive with the experience and skills required by the City. <br /> <br />Fiscal Impact <br />The costs of employment related litigation are excluded from the City's risk pool program <br />and have historically been absorbed by the involved City department's budget <br /> <br />~J~ <br />Stan T.n~~ary;o <br />City AttV' <br /> <br />&.~ ,~ <br /> <br />ob Bell <br />Human Resources Director <br /> <br />