City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01734 10/14/2025
Approval of Supplemental Legal Services Agreement [Contract No. 2024-0177] File ID: 2025-01734
Location: Citywide
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute Supplemental Agreement No. 3 to City Agreement No. 2024-0177 with Liebert Cassidy Whitmore for a new total not-to-exceed amount of $1,045,000, for litigation assistance in the lawsuit Jonathan Burgess v. City of Sacramento.
Contact: Andrea Velasquez, Supervising City Attorney, (916) 808-5346, Office of the City Attorney Presenter: None
Attachments:
1-Description/Analysis
2-Supplemental 3 LSA _ LCW Burgess
Description/Analysis
Issue Detail: The City Attorney’s Office is seeking Council approval to supplement the current legal services agreement with Liebert Cassidy Whitmore, in an amount not to exceed $1,045,000, for expenses associated with the litigation entitled Jonathan Burgess v. City of Sacramento. This amendment is necessary because the City’s defense in this employment litigation has required significant, and unexpected, legal services. The case is set to begin in October, 2025.
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 supplement the contract for legal services with Liebert Cassidy Whitmore for a new amount not to exceed $1,045,000.
Policy Considerations: This funding is required to secure representation and defense of the City in this litigation.
File ID: 2025-01734 10/14/2025
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: Current Fire Department Battalion Chief Jonathan Burgess has filed a lawsuit against the City alleging causes of action for FEHA race discrimination, FEHA retaliation, and failure to prevent FEHA discrimination/retaliation. Trial is set for October 2025. 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 Management Fund (Fund 6502). Sufficient funding is available in the Risk Management Fund for legal services through June 30, 2026. Funding in future fiscal years is subject to availability of funding in the adopted budget for the applicable fiscal year.
Local Business Enterprise (LBE): Liebert Cassidy Whitmore is an LBE.