HomeMy WebLinkAboutAgenda Report - June 13, 1988ra
C O U N C I L COMMUNICATION
TO: THE CITY COUNCIL
FROM: THE CITY MANACERS OFFICE
C0tJ1*, [., MEEIPC DATE
JUNE 13, 1988
SUBJECT: APPOINTMENT/RATIFI:ATION OF APPOINTMENT OF INDEPENDENT LEGAL COUNSEL
FOR THE PERSONNEL BOARD OF REVIEW.
PREPARED BY: City Attorney
RECOMMENDED ACTION: That the City Council appoint from a list provided,
independent legal counsel for the Personnel Board of
Review; or in the alternative, ratify an appointment
by the City Manager of such legal counsel.
BACKGROUND P4ilM UON A the Council is - are, Life matter of discharged
fire fighter Ray Davenport is presently before the
Personnel Board of Review. In the past, attorney Bud
Sullivan has acted as advisor to this body, which met OR an infrequent basis.
Richard Murphy, attorney for Ray Davenport, has previously expressed his
objections to both 1V1r Sullivan. and to attorney Gerald A. Sperry, who had been
retained to advise the Board.
It is the opinion of staff that independent legal counsel for the Board is
absolutely imperative. The Council apparently`- shares this feeling, as
indicated by concerns previously expressed. Since the Board is comprised of
1 ay persons with no legal background, it is unrealistic to believethat the
Board could rely on the opposing views of the two sides,arguing before it to,".
determine what procedural and substantive due process guarantees require.
The following attorneys have indicated a willingness to serve:
1. Howard Seligman: Private practitioner, Stockton, California.
Substantial experience in, trials, andpersonnel matters.
2. Alan Smith: Tria.1 attorney; Stockton, California. Extensive
trial practice; experienced .;n evidence and procedure.
3.' Christopher Eley: Trial attorney, Stockton, California: Mr.
"Eley. is presently.under contract. to the`City'of Stockton to
provide independent._ legal counsel. in situations smilar''to that
presented in''the ,DaVenport--matter. - _
DECLARATION OF MAILING
On June 10, 1988 in the CitY of Lodi, San Joaquin County, California, I
deposited in the United States mail, envelopes with first-class postage
- repaid thereon, containing' a copy of the Notice attached hereto marked
Exhibit "A"; said envelopes were addressed as is more particularly shown
on Exhibit "B" attached hereto.
There is a regular daity communication by mail between the City of todi,
California, and the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
DEC 01,
7XTA O2D
e
�- CITY CSF LORI
¢ CITY COUNCIL CIi1WBERS
222 W. Pine Street, Lodi
/I-
CITY
I-
CITY COUNCIL AGENDA
SPECIAL MEETING -
Date: MONDAY, JUNE 13, 1988
Time: 7:30 P.M.
1
SPECIAL MEETING
LODI CITY COUNCIL
MONDAY, JUNE 13, 1988
4:00 P.M.
YN Nbrthe ood
todi, CA 35240
NOTICE OF SPECIAL COUNCIL MFFIM
MAILING LIST
EXHIE' I T "B"
Loai K.!ws Sentinel
Attn: Scott McFetridge
125 North Church Street
Lodi, CA 95240
John R. Snider
2328 Brittany Lane
Lodi,_ CA 95240.
"David M. HinchmE
1131 South Pleasant Avenue
todi, CA 95240
James W. Pinkerton
.916 West.. Turner Road
King Videocable
Attn: Ms. Deanna Enright
1521 South Stockton Street
Lodi, CA 95240
Julie Schmit
Stockton Record
235 Swath Hutchins S,ttreet:
Lodi, CA 95240
'4.'.�7�Z44f
Lodi Magazine
Evelyn M . Olson
F. 0. Box 648
730""4test"Lod�Avenue
Lodi CA. 95241
Lodi, CA 95240
City Manager
KCVR Radio
City of Lodi
P 0. Box ..600
Lodt CA"95241 :'�
Assistant. City Manager
City"of Lodi
KSTN Radio
3U2 Ralph Avenue
City Attorney
Stockton, CA 95206 `
City of Lodi
C ty`Clerk
Public Works Director,,4
City of Lodi
City of Lodi`
Communi t Development
Director Richard R. Murphy
City of t o d i
1110 W e s t Kettleman Lam
Sauide 24
... .
Lodi, CA 95240
CHRISTOPHER K. ELEY
ATTORNE YA TLA W
141 EAST ACACIA STREET. SUITE A
STOP KTON. CALIFORNIA 95202
TELEPHONES: 209/466.8511 . 209/466-6735
ALIIrL
CITY CLEM?
June 17, 1988
Very trulv vours.