CITY OF POMONA
COUNCIL REPORT
June 6, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Linda Matthews, Human Resources/Risk Management Director SUBJECT: Approve a Rate Increase for Five (5) Law Firms, Modify the Specialty of One (1) Law Firm and Change the Name of One (1) Law Firm on the Special Legal Panel RECOMMENDATION:
It is recommended that the City Council take the following actions:
Approve rate increases for the law firms of Carpenter, Rothans and Dumont, McCune and Harber; Lagerlof, LLP, Liebert Cassidy Whitmore and Atkinson, Andelson, Loya, Rudd & Romo effective July 1, 2022; Expand the Primary Specialty for Smith Law Offices, LLP to add Police Liability; Approve the name change of Lagerlof, Senecal, Gosneyy & Kruse, LLP to Lagerlof, LLP; and Authorize the City Manager to execute retainer agreements and/or amendments consistent with these actions.
EXECUTIVE SUMMARY: Approval of the revised Legal Counsel Panel (Attachment No. 1) will increase the following rates for legal services effective July 1, 2022: 1) Carpenter, Rothans and Dumont from $185 to $200 per hour; 2) McCune and Harber from $195 to $225 per hour; 3) Lagerlof, LLP from $450 to $480 per hour; 4) Liebert Cassidy Whitmore from a range of $130 to $370 per hour to $140 to $390 per hour; and 5) Atkinson, Andelson, Loya, Rudd & Romo from $295 to $350 per hour. The revised Panel also reflects the current name for Lagerlof, LLP and broadens the scope for Smith Law Officers to include police liability cases.
FISCAL IMPACT: The costs for legal services have been incorporated in the Proposed Fiscal Year 2022-23 Operating Budget. There are no funding appropriation requests associated with the proposed action.
PREVIOUS RELATED ACTION:
November 21, 2005 - Approved Legal Referral Policy.
September 22, 2006, November 20, 2006, November 10, 2007, November 17, 2008, February 27, 2012, July 21, 2014, July 18, 2016, March 5, 2018, May 21, 2018, December 17, 2018, July 15, 2019, May 18, 2020, and December 7, 2020 – Various updates to the Legal Panel..
November 15, 2021 – Approved the addition of Talley & Talley and Hanson and Bridgett and the removal of Bradford and Barthel.
DISCUSSION: Pomona City Charter Section 703 provides that “…[t]he City Attorney shall serve as the chief legal advisor to the Council, the City Manager, and all City departments and appointed bodies, and shall have the authority to represent the City in all civil and criminal matters…” On November 21, 2005, the City Council approved the Legal Counsel Referral Policy, which sets forth a procedure for utilizing outside counsel when expertise is required in specialized areas of law by firms other than the City Attorney. The initial Panel of attorneys and law firms was approved by the City Council in 2006 and has periodically been updated and approved by the Council. Pomona City Code (PCC) Section 2-993.2(7) exempts procurement of specialized legal services from the bidding process.
The revised Legal Counsel Panel is included as Attachment No. 1. The revised Panel incorporates several recommended changes, as described below:
Rate Increase of Carpenter, Rothans and Dumont. The law firm of Carpenter, Rothans and Dumont (CRD) provides the City with legal representation for the City and its police officers in police liability litigation. Currently, CRD charges Pomona $185 per hour for legal services which is significantly less than CRD charges its other public entity clients and has not been increased since at least 2006. However, due to increased overhead costs, Carpenter, Rothans and Dumont is requesting an increase in the hourly rate from $185 per hour to $200 per hour for partners and associates.
Rate Increase for McCune and Harber. The law firm of McCune and Harber provides the City with legal services primarily involving allegations of dangerous condition of public property and catastrophic injury cases. Currently the hourly rate paid by Pomona for McCune and Harber’s services is $195 per hour. This is a significantly lower rate paid by Pomona when compared with McCune and Harber’s other public entity clients and has not been increased since 2018. McCune and Harber is proposing increasing the hourly rate Pomona pays from $195 per hour to $225 per hour.
Rate Increase and Name Change for Lagerlof, LLP. Lagerlof, Senecal, Gosneyy & Kruse, LLP changed the name of the firm to Lagerlof, LLP. Lagerlof, LLP provides the City with legal advice and services on water-related matters. Lagerlof, LLP is also requesting a rate increase from $450 per hour to $480 per hour and has not been increased since 2018.
Rate Increase for Liebert Cassidy Whitmore (LCW). LCW provides employment law services to the City, primarily for police issues. They are increasing the rate for partners from $370 to $390 per hour; with similar increases for all levels of staff. The full range rate rates by level of staff is shown in Attachment No. 2. LCW has not raised rates since 2019.
Rate Increase for Atkinson, Andelson, Loya, Rudd & Romo (AALRR). AALRR is an employment firm that the City uses for discipline appeals for the City Council. In these cases, per case law, the City is required to employ an independent counsel to advise them as a hearing body. AALRR is raising the rate from $295 per hour to $350 per hour. AALRR has not raised rates since they were initially added to the panel in 2016 and are only used infrequently when discipline appeals come before the City Council Expanded Scope for Smith Law Offices LLP. Smith Law Offices currently serves as counsel where there is a legal conflict with the attorney assigned to the case to represent an employee. A need has now been identified to expand their scope to include police liability cases. The City typically uses CRD for police liability cases. However, there are situations where CRD cannot represent the City due to a legal conflict. Smith Law Offices LLP has been identified as a firm with expertise in police liability cases and is recommended by both the City Attorney and Human Resources/Risk Management staff to be added as an alternative for police liability cases. There is no rate change for Smith Law Offices associated with this action.
It is recommended that the City Council approve the revised Special Legal Counsel Panel as shown in Attachment No. 1 which reflects the changes described herein.
Prepared by: Chris Millard, Risk Manager
ATTACHMENTS:
Attachment No. 1 – Updated Special Legal Counsel Panel
Attachment No. 2 – Rates for Liebert Cassidy Whitmore
Rate Changes to Special Legal Counsel Panel