TO: Board of Supervisors
FROM: Thomas Zeleny, Interim County Counsel
REPORT BY: Thomas Zeleny, Interim County Counsel
SUBJECT: Waiver of potential conflict of Downey Brand LLP, outside counsel for Napa County on matters before the Public Utilities Commission
RECOMMENDATION
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Interim County Counsel requests authority to waive potential conflicts within the law firm of Downey Brand LLP, which represents the County on matters before the California Public Utilities Commission, and represents Goodfellow-Teichert-Odin, a Joint Venture in breach of contract litigation against CalRecycle related to structure debris and hazard tree removal from the 2020 wildfires.
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EXECUTIVE SUMMARY
Megan Somogyi, a partner with the law firm Downey Brand LLP, represents Napa County and other public agencies on several matters pending before the California Public Utilities Commission (CPUC). Other attorneys in the same firm represent Goodfellow-Teichert-Odin, a Joint Venture (GTO) hired by CalRecycle to remove fire debris and hazardous trees resulting from the 2020 wildfires. GTO has sued CalRecycle for breach of contract, claiming $29 million in damages mostly resulting from delays and extra work. Some of the work at issue occurred in Napa County, and GTO will very likely need to issue a business records subpoena to Napa County for documents related to its lawsuit. The California Rules of Professional Conduct require lawyers in situations where another lawyer in the same firm represents a party or a witness in the same matter, to obtain a waiver of the conflict from the client or withdraw from representation. This action would authorize County Counsel to waive the potential conflict of interest of Ms. Somogyi and her law firm.
FISCAL & STRATEGIC PLAN IMPACT
Is there a Fiscal Impact?
No
Is it Mandatory or Discretionary?
Discretionary
Discretionary Justification:
Ms. Somogyi may not be able to continue representing Napa County at the CPUC without a waiver of the potential conf...
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