Resolution No. 2010-160RESOLUTION NO. 2010-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON CONFIRMING THE RELATIONSHIP WITH LIEBERT
CASSIDY WHITMORE
WHEREAS, on October 6, 2008, the City Council of the City of
Vernon adopted Resolution No. 9730 approving an Agreement (the
"Agreement") with Liebert Cassidy Whitmore ("Liebert") for employment
relations matters; and
WHEREAS, the City Council of the City of Vernon wishes to
confirm its relationship with Liebert to Offer their Services to the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
reaffirms the relationship with Liebert Cassidy Whitmore.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 1st day of November, 2010.
Name: Hilario Gonzales
Title: Mayor / -MA
ATT T:
Willard G. Ya ch', ity Clerk
2
STATE OF CALIFORNTA
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-160, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, November 1, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day ,of November, 2010, at Vernon, California.
Wi lard G. a agu City Clerk
(SEAL)
RECEIVED
r�rT282010
STAFF REPORT CIiY clRK°s OFFICE
City Attorney
DATE: October 27, 20 ]. 0
TO: Honorable Mayor and City Council
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney
RE: Liebert Cassidy Whitmore
Legal Services -
On October 6, 2008, the City Council approved Resolution Nol. 9730 thereby engaging the law
office of Liebert Cassidy Whitmore ("Liebert") regarding employment relations matters.
Recommendation
Due to new employment issues facing the City, it is hereby recommended that the City reaffirm
and reengage the City's relationship with Liebert.
cc: Mark Whitworth
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 16, 2010
Steven M. Berliner, Esq.
Liebert Cassidy Whitmore
6033 W. Century Blvd., Suite 500
Los Angeles, CA 90045
Re: Informed Consent Regarding Potential Conflict of Interest — City of Vernon/Ca1PERS
Client Matter: VE060/010
Dear Mr. Berliner:
Please find enclosed a signed copy of the above -referenced document.
If you have any questions regarding this matter, please call Mr. Mark Whitworth, at (323) 583-
8811 ext. 398.
&Clerk
,
GU
City
WGY:dj
Enclosure
c: Resolution Nos. 9730, 2010-160
Agreement File No. 08-100
Exclusivefy industriaf
LIEBERT CASSIDY WHITMORE
A PROFESSIONAL LAW CORPORATION � -
Los ANGELES I FRESNO I SAN FRANCISCO
6033 WEST CENTURY BOULEVARD, SUITE 500
Los ANGELES, CALIFORNIA 90045
T: (310) 981-2000 F: (310) 337-0837
SBERLINER@LC WLEGAL.COM
(310) 981-2002
December 10, 2010
CONFIDENTIAL
ATTORNEY -CLIENT PRIVILEGE
VIA U.S. MAIL AND EMAIL
mwhitworthAsi.vernon.ca.us
Mark C. Whitworth
City Administrator
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Re: City of Vernon/CaIPERS Issues
Client Matter: VE0601010
Dear Mr. Whitworth:
As you are aware, Liebert Cassidy Whitmore has been retained to represent the City of
Vernon ("City") related to the audit and related inquiries by the California Public Employees'
Retirement System ("CaIPERS") into the City's practices and procedures related to CaIPERS, as
well as its inquiries into member earnings, membership status and related matters. The formal
PERS audit commenced on December 6, 2010. We have also been asked to represent Eric
Fresch ("Fresch") and Eduardo Olivo ("Olivo") with regard to any inquiries. made by Ca1PERS
related to them, as well as to defend them in the event CaIPERS pursues any action which would
reduce or otherwise effect their retirement benefits. The purpose of this letter is to explain the
nature and consequences of this joint representation.
Joint representation inherently involves the "possibility" of conflicts between clients.
Accordinalv. the State Bar of California reauires that an attornev shall not, without the informed
written consent of each client, accept representation of more than one client in a matter in which
the interests of the clients potentially conflict, or accept or continue representation of more than
one client in a matter in which the interests of the clients actually conflict., (Rules of Professional
Conduct, Rule 3-310).
At this time, we wish to emphasize that we have not identified any actual conflict of
interest with respect to our representation of the City, Fresch and Olivo in this matter, nor do we
foresee a specific conflict of interest in the future. However, should a conflict or potential
conflict arise, we will advise you accordingly in writing. In the event of a disputeorconflict
between the City and/or between Fresch and Olivo, there is a risk that we may be disqualified
from joint representation absent written consent. Additionally, because we represent more than
one party, there are no =confidential communications regarding this matter as between Liebert
Cassidy Whitmore, the City and Fresch and Olivo. Anything disclosed to us may be disclosed to
464603.2 VE060-010 Iwww.lcwlegal.com
Mark C. Whitworth
December 10, 2010
Page 2
the other jointly represented parties, and vice -versa.
In the event of a conflict, we anticipate that we would continue to represent the City,
notwithstanding any adversity between any other individual and the City. Accordingly, we are
requesting that the City, Fresch and Olivo consent to the joint representation and that Fresch and
Olivo agree not to assert any conflict of interest or seek to disqualify us from representing the
City or the other individual at any time, notwithstanding any adversity that my develop between
the City, Fresch and Olivo.
Although the City, Fresch and Olivo are not currently defendants in litigation in this
matter, nonetheless, you may want to notify any insurance and casualty carriers which may
provide you with coverage in this matter, either for coverage for the attorneys' fees incurred, or
in the event CalPERS, Fresch or Olivo pursue claims against the City related to the matters at
issue. While no such claims may ultimately be brought, it is always better to take the cautious
approach with insurance and casualty carriers to place them on notice.
Assuming that the City agrees that we may jointly represent the City, Fresch and Olivo in
this matter, please arrange for an appropriate representative of the City to sign the attached
consent form to indicate the City's acceptance of representation under the terms specified above
and return it to me. We are seeking consent from the Fresch and Olivo for the joint
representation as well and will forward you copies of their signed consents as soon as we receive
them. Should you have any further questions or comments regarding the above, please do not
hesitate to contact me. We look forward to working with you on this matter.
Very truly yours,
LIEBERT CASSIDY WHITMORE
c��e��e�nnAr
SMB:DMB:cc
cc: George Mihlsten
Willard Yamaguchi
464603.2 VE060-010
INFORMED CONSENT REGARDING POTENTIAL CONFLICT OF INTEREST
By signing below, you are providing your informed consent to have Liebert Cassidy
Whitmore continue to represent the City of Vernon in the CalPERS investigation and audit and
any subsequent litigation that arises thereafter under the terms specified above.
Please do not sign your name if you have any questions. Please feel free to call me if you
have any questions.
M K C. WI-t►°rW"pn-1 Date
Ci'iY 1�DMINI SiRA°To(Z
464603.2 VE060-010