HomeMy WebLinkAboutAgenda Report - September 3, 2014 C-13AGENDA rrEM c-13
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Adopt Resolution Authorizing the City Attorney to Negotiate and Enter into Fee
Agreements with Angelo, Kilday and Kilduff for Legal Representation of the City of
Lodi and Lodi Police Chief; and Mayall Hurley, P.C. for Legal Representation of Lodi
Police Officers in the matter of Sukhwinder Kaur, et al. v. City of Lodi, et a/.; United
States District Court, Eastern District of California, Case No. 2:14-cv-0828 GEB-AC
September 3,2014
City Attorney
RECOMMENDED AGTION: Adopt Resolution authorizing the City Attorney to negotiate and enter
into Fee Agreements with Angelo, Kilday and Kilduff for legal
representation of the City of Lodi and Lodi Police Chief; and Mayall
Hurley, P.C. for Legal Representation of Lodi Police Officers in the matter of Sukhwinder Kaur, et al. v. City
of Lodi, et al.;United States District Court, Eastern District of California, Case No. 2:14-cv-0828 GEB-AC.
BACKGROUND INFORMATION: Ordinarily, the City Attorney's Office defends all actions against the
City with in-house staff; however, in this case, outside counsel is
advisable because the case involves complex issues and specialized
areas of the law that should be handled by recognized experts in the field. Bruce Kilday is a highly
recognized expert in police civil rights cases who has regularly litigated such cases for members of the
California Joint Powers Risk Management Authority (the City's insurance pool) and Mark Berry of Mayall
Hurley, P.C. has significant experience defending police officers and sheriff deputies in police civil rights
cases in both state and federal court.
The City is insured through CJPRMA with a $500,000 Self-lnsured Retention (SlR). Since legal expenses,
including costs and expert fees, are counted toward the SlR, the City's financial exposure will not exceed
$500,000 over the life of the litigation.
FISCAL IMPAGT: Unknown at this time, but capped at $500,000 payable from general liability
reserye funds.
FUNDING AVAILABLE: Absorbed within existing appropriations of the General Liability Fund
ich, City Attorney
Jordan Ayers, Deputy ity rl
lnternal Services Director
ice D
APPROVED:
anager
RESOLUTTON NO. 2014-169
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY ATTORNEY TO NEGOTIATE AND ENTER INTO FEE
AGREEMENTS WITH ANGELO, KILDAY AND KILDUFF FOR LEGAL
REPRESENTATION OF THE CITY OF LODI AND LODI POLICE CHIEF;
AND MAYALL HURLEY, P.C. FOR LEGAL REPRESENTATION OF LODI
POLICE OFFICERS IN THE MATTER OF SUKHWINDER KAUR, ET AL.
V. CITY OF LODI, ET AL.
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby
authorize the City Attorney to negotiate and enter into Fee Agreements with Angelo,
Kilday and Kildufi for legal representation of the City of Lodi and Lodi Police Chief; and
Irtayait Hurley, P.C. foi tegal representation of Lodi Police Officers in the matter of
Sukhwinder Kagr, et al. v. City of Lodi, et a/.; United States District Court, Eastern
District of California, Case No. 2:14-cv-0828 GEB-AC; and
BE lT FURTHER RESOLVED that since the City is insured through the
California Joint Powers Risk Management Association with a $500,000 Self-lnsured
Retention (SlR), the funds for the above-referenced representation will be absorbed
within existìng appropriations of the General Liability Fund, and shall be capped in an
amount not to exceed $500,000.
Dated: september 2_?911__
I hereby certify that Resolution No. 2014-169 was passed and adopted by the
Lodi City Council in a regular meeting held September 3, 2014, by the following vote:
AYES: COUNCIL MEMBERS - Johnson, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Hansen and Mounce
ABSTAIN: COUNCIL MEMBERS - None
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Clerk
2014-169