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
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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,
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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
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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
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