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HomeMy WebLinkAbout2002-09-17; City Council; 16887; Retention of Special CounselCITY OF CARLSBAD -AGENDA BILL - F,B# 16,887 m: . RETENTION OF SPECIAL COUNSEL DEPT. HD. MTG. 9-17-02 CITY ATTY. JEPT. CA CITY MGR. RECOMMENDED ACTION: Approve Resolution No. 2002-272 , authorizing retention of special counsel for police legal advisor services. ITEM EXPLANATION: The Council has previously authorized the City Attorney to retain certain law firms as special counsel. From time to time, these authorizations should be reaffirmed and amended to include new law firms and current proposal letters. The City Attorney recommends that the City Council authorize the retention of additional special counsel for police legal advisor services. LABOR AND EMPLOYMENTlClVlL RIGHTS MATTERS Law Offices of Mary C. Dolkas. FISCAL IMPACT: Sufficient funds for retention of special counsel for police legal advisor services are included in the Police Department's budget. EXHIBITS: 1. Resolution No. 2002-272 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE RETENTION OF THE LAW OFFICES OF MARY C. DOLKAS AS SPECIAL COUNSEL FOR POLICE LEGAL ADVISOR SERVICES WHEREAS, section 2.14.130 of the Carlsbad Municipal Code provides that the City Council may employ special legal counsel under terms it considers proper; and WHEREAS, the City Council has determined, upon recommendation of the City Attorney, that it is necessary to retain additional special counsel for police legal advisor services; and WHEREAS, the City Attorney has received a proposal from the Law Offices of Mary C. Dolkas to provide police legal advisor services to the Carlsbad Police Department, specifically developing and revising the Police Department's Policies, Procedures and Directives, and conducting related training programs; and WHEREAS, the City Attorney recommends that the Law Offices of Mary C. Dolkas be retained as special counsel for such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Attorney is hereby authorized to employ the Law Ofices of Mary C. Dolkas to provide police legal advisor services as he considers appropriate pursuant to the letter proposal from the Law Offices of Mary C. Dolkas, attached as Exhibit "A. 3. That the City Council authorizes the expenditure of funds as may be necessary to pay the fees of special counsel police legal advisor services provided, 1 2 3 4 E f 7 e s 1c 11 li 12 14 15 1f 17 1E 1s 2c 21 2; 2: 24 25 2t 27 20 however, that sufficient funds are allocated in the Police Department’s budget, and provided further that the City Attorney shall report, at least bimonthly, to the City Council on the status of the expenditure of such funds. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 17th day of SEPTEMBER ,2002 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Hall NOES: None ABSENT: Council Memb (SEALJ Page 2 of 2 of Resolution No. 2002-272 +G @ot&i% Attorney at Law Law Office of Mary C. Dolkas 1173 Oak Avenue Carlsbad California 92008 Telephone (760) 729-5520 Facsimile (760) 729-7248 Email: mcdesq@pacbell.net Sent via Facsimile at (760) 434-8367 And Personal Delivery PROPOSAL FOR INDEPENDENT COUNSEL CONTRACT POLICE LEGAL ADVISOR SERVICES To: Ron Ball, City Attorney, City of Carlsbad From: Mary C. Dolkas, Attorney at Law Date: August 18,2002 Proposed Independent Legal Advisow Outside Counsel Services for Carlsbad Police Department Leeal Advice to Chief of Police: General consultation, planning, coordination, development, revision and update of current Police Department Policy and Procedures Manual. This proposal includes related training and further continuing revision and related training as statutes and case law require during the contract period. This proposal will require continual contact with the Chief of Police, his designated representatives, and representatives from inter-related agencies of the City, including, but not limited to, agents of the City Attorney’s Office, Code Enforcement, Parking and Traffic Enforcement, Personnel, and other necessary departments. I am also available, at the request of the City Attorney or Chief of Police, to prepare for andor accompany officers to trial relating to issues revised in the Policies and Procedures Manual, including City Codes (infractions and misdemeanors), or for any citations or long form complaints submitted that reflect changes to the Policies and Procedures Manual. This may be especially helpful when the defendant is accompanied by an attorney. Proposed Fee Schedule: Amount -Flat rate fee for contract duties $50.00 per hour -Flat rate fee for legal research to complete contract duties $50.00 per hour -Preparation of copies of Final Policies and Procedures Manual if not provided by the Police Department actual costs U Proposed Fee Schedule fcontinued): Amount -Copy, non-local mail (if necessary, not likely) actual costs -Long distance telephone costs (if necessary, not likely) actual costs -Prepare and accompany officers to trials at the Request of the City Attorney or Chief of Police relating to revisions of Policy and Procedures Manual $50.00 per hour -Copy costs when Police Department Copy Machines are not available to me (if necessary, not likely) Kinkos current cost per pageiblack and white when required. -Mileage fee for standard IRS rate for travel outside Sm Diego County, when required, as normally paid for by the City of Carlsbad Proposed No Cost Items: 1) Local telephone and facsimile costs 2) Local travel mileage within San Diego County 3) Telephone consultation time between the Chief of Police, his representatives, members of the City Attorney’s Office, and other necessary City Department representatives 4) Secretarial and paralegal assistance $00.08 per page Unknown at this time Please contact me at: my office telephone number (760) 729-5520, by facsimile at (760) 729-7248, or by email at “mcdesa@pachell.net” if you have questions or need further information. Thank you for your anticipated cooperation. Sincerely, ~ Mary?. Dolkas Attorney At Law California State Bar No. 188227 Cc: James R. Hawks, Chief of Police via Facsimile at (760) 93 1-8473 - page 2 of 2-