City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01394 11/14/2023 Consent Item 31.
Amendment to Contract No. 2023-0155 for Legal Services for Gary Loesch v. City of Sacramento Litigation
File ID: 2023-01394
Location: Citywide
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute a supplemental contract with Liebert Cassidy Whitmore, for a new not-to-exceed amount of $295,000, for litigation assistance in the lawsuit Gary Loesch v. City of Sacramento, et al.
Contact: David J. Gibson, Senior Deputy City Attorney, (916) 808-5346, [email protected], Office of the City Attorney Presenter: None.
Attachments:
1-Description/Analysis
2- Supplemental Agreement 2023-0155-01
Description/Analysis
Issue Detail: Staff is recommending Council approval to supplement the current legal services agreement with Liebert Cassidy Whitmore, in an amount not to exceed $295,000, for expenses associated with the litigation entitled Gary Loesch v. City of Sacramento, et al. This amendment is necessary because the City’s defense in this employment litigation will require significant future legal services by Liebert Cassidy Whitmore.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Liebert Cassidy Whitmore has been selected as the most qualified firm to strongly represent and defend the City’s interest in this lawsuit. It is recommended that the Council authorize the City Attorney to amend the contract for legal services with Liebert Cassidy Whitmore, for a new amount not to exceed $295,000.
Policy Considerations: This funding is required to secure representation and defense of the City in this litigation.
File ID: 2023-01394 11/14/2023 Consent Item 31.
Economic Impacts: Not applicable.
Environmental Considerations: Contracting for outside legal services is an administrative activity that will not result in direct or indirect physical changes in the environment and is not a project subject to CEQA review. CEQA Guidelines section 15378 (b)(5).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Former Fire Chief Gary Loesch filed a lawsuit against the City alleging causes of action under the Firefighter Bill of Rights. Specifically, Loesch alleged punitive action by the City by docking his pay, and that the City deliberately exposed him to COVID-19 and terminated his employment because he prevailed in an administrative appeal relating to his employment. The City requires the assistance of outside counsel in defense of the lawsuit.
Financial Considerations: There will be no impact to the City’s General Fund. The City’s defense is being paid out of the Risk Fund.
Local Business Enterprise (LBE): Liebert Cassidy Whitmore is an LBE.