TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Jason Dooley, Chief Deputy
SUBJECT: Waiver of potential conflict of Hanson Bridgett LLP, outside counsel for Napa County on employment tax and certain other litigation matters
RECOMMENDATION
title
Approve and authorize delegation to sign a conflict waiver with Hanson Bridgett LLP, to allow the firm to represent the State of California Department of Human Resources (“CalHR”) in connection with a matter involving the Napa County Public Guardian’s appointment to a conservatorship. (No Fiscal Impact)
body
BACKGROUND
The County previously entered into an agreement with the law firm of Hanson Bridgett LLP, (“HBLLP”) to assist Napa County on matters related to employment tax and certain other litigation matters. HBLLP has been asked to represent the State of California Department of Human Resources (“CalHR”) in connection with reviewing documents appointing Napa County Public Guardian as conservator of a Savings Plus Plan participant and advising CalHR regarding that appointment (the “Subject Matter”). Accordingly, the interests of CalHR and the County are potentially adverse in the Subject Matter.
California Rule of Professional Conduct 1.7 permits HBLLP to represent one client adverse to another client in the same or a separate matter if they (i) explain the relevant circumstances and the material risks, including any actual and reasonably foreseeable adverse consequences, of their proposed representation, and (ii) obtain each client's informed written consent. Accordingly, HBLLP have written to disclose this circumstance to the County, and to ask for the County's consent to their representation of CalHR in the Subject Matter and waiver of the conflict of interest arising from their concurrent representations of CalHR and the County in separate matters. HBLLP are asking for CalHR’s consent to this conflict through a similar conflict waiver.
County Counsel requests approval of and delegation of authority for County Counsel, or designee, to sign a the written consent and waiver of the potential conflict, which is attached.
HBLLP has committed to ensuring that the Subject Matter will be kept completely separate from any matters in which HBLLP represents the County, and to ensure that any attorneys or staff of the firm will maintain clear ethical walls.
Requested Action: authorize County Counsel, or designee, to sign the letter included with the agenda item to waive the potential conflict Hanson Bridgett LLP.
FISCAL & STRATEGIC PLAN IMPACT
|
Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by CEQA Guidelines section 15378 because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.