City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: FEBRUARY 25, 2025 FROM: CITY ATTORNEY’S OFFICE WARDS: ALL
SUBJECT: APPROVE LEGAL BUDGET IN AN AMOUNT NOT TO EXCEED $100,000 FOR INVESTIGATIVE SERVICES, WITNESS AND ASSET LOCATION SERVICES, AND PERSONAL SUBPOENA SERVICES WHICH WILL ASSIST THE CITY ATTORNEY’S OFFICE IN THEIR DEFENSE AND PROSECUTION OF MATTERS NOT CAPTURED BY THE LIABILITY INSURANCE TRUST FUND – SUPPLEMENTAL APPROPRIATION ISSUE:
To consider approval of a legal budget in an amount not to exceed $100,000 for investigative services, witness and asset location services, and personal subpoena services which will assist the City Attorney’s Office in their defense and prosecution of matters not captured by the Liability Insurance Trust Fund.
RECOMMENDATIONS:
That the City Council:
Approve a legal budget in an amount not to exceed $100,000 for investigative services, witness and asset location services, and personal subpoena services which will assist the City Attorney’s Office in their defense and prosecution of matters not captured by the Liability Insurance Trust Fund; and With at least five affirmative votes, authorize the Chief Financial Officer, or designee, to record a supplemental appropriation in the amount of $100,000 in the General Fund, City Attorney’s Office – Community Livability Advocacy – Legal Fees Account.
DISCUSSION:
The Liability Insurance Trust Fund (“LITF”) is intended to manage and finance costs associated with claims and litigation arising from liabilities against the City. This fund operates similarly to an insurance policy, by pooling resources to mitigate risk and maintain reserves for claims payouts. While the LITF serves as a financial safety net, it is important to note that not all matters are appropriate for coverage under this fund.
There are specific exceptions where matters arise that do not pose a direct risk or liability to the City. For example, cases where Council authorizes the City Attorney’s Office to initiate a lawsuit or cases prosecuted on behalf of the City, such as gun violence restraining orders, are not appropriate for coverage under the LITF. Although these matters are essential for community welfare, they do not present a direct risk to the City’s financial stability and therefore should be funded through other sources, such as the General Fund.
The requested funds will enable the City Attorney’s Office to continue engaging professional investigative services from established providers such as Raincross Investigations and Martin Silva Investigative Services for cases where City Council authorizes to initiate a lawsuit or cases prosecuted on behalf of the City, such as gun violence restraining orders. Experienced investigators bring a wealth of experience and specialized skills that are crucial in navigating complex legal matters. The expertise of trained investigators allows for more effective and efficient interviewing techniques, as well as refined methods for serving legal documents. Such capabilities not only expedite the legal process but also lead to cost savings for the City in the long run.
STRATEGIC PLAN ALIGNMENT:
The hiring of experienced investigators supports all priorities of the City of Riverside’s Envision Riverside 2025 Strategic Plan, as such services are provided to all departments of the City, the City Council, Boards and Commissions.
This item aligns with each of the five Cross-Cutting Threads as follows:
Community Trust – Riverside is transparent and makes decisions based on sound policy, inclusive community engagement, involvement of City Boards & Commissions, and timely and reliable information. Use of experienced investigators to assist with matters that are important to the community supports and aids the making of such decisions.
Equity – By allocating resources to services that protect vulnerable populations, the use of experienced investigators will continue to create a more inclusive and equitable community.
Fiscal Responsibility – By utilizing skilled professionals, we can achieve more effective legal outcomes, potentially reducing legal expenses in the long run. By addressing this critical need through appropriate funding sources rather than relying on the Liability Insurance Trust Fund, we are preserving the integrity and stability of the fund for its intended purpose.
Innovation – By leveraging the expertise of experienced legal service providers, we are adopting more efficient case management methods. The use of advanced investigative techniques demonstrates a commitment to continuous improvement.
Sustainability & Resiliency – Use of a dedicated investigator to assist with handling litigated matters in-house supports City goals of sustainability and resiliency by ensuring that such efforts provide a safer and more resilient environment for all residents.
FISCAL IMPACT:
The total fiscal impact of this action is $100,000. Upon City Council approval, a supplemental appropriation will be recorded in the amount of $100,000 in the General Fund, City Attorney’s Office – Community Livability Advocacy – Legal Fees Account No. 1305000-428200. There are currently sufficient reserves available to accommodate the supplemental appropriation.
Prepared by: Jack Liu, Interim City Attorney
Certified as to availability
of funds: Kristie Thomas, Finance Director/Assistant Chief Financial Officer Approved by: Mike Futrell, City Manager
Approved as to form: Jack Liu, Interim City Attorney
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