HomeMy WebLinkAboutE-13 Staff Report - Retainer Agreement for Existing LitigationCONSENT ITEM
E-13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: SAMUEL G. GONZALEZ, CHIEF OF POLICE
DATE: FEBRUARY 1, 2016
SUBJECT: INCREASE RETAINER AGREEMENT AMOUNT FOR EXISTING LITIGATION
SUMMARY:
On Friday, November 29, 2013, an “officer involved shooting” (OIS) occurred, involving Azusa Police
Officers and a suspect. On January 21, 2014, the City Council approved an initial retainer agreement in an
amount not to exceed $75,000 with Manning & Kass, Ellrod, Ramirez, Trester LLP (MKERT) for this
matter. A lawsuit has been filed and the case is progressing towards trial. On September 8, 2015 Staff
requested and the City Council approved, increasing the retainer amount to $250,000 for this case. As this
lawsuit continues to progress, the City anticipates that the cost to prepare for trial and complete this
litigation may exceed $500,000. This action approves an increase in the retainer agreement with MKERT in
an amount not to exceed $500,000.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)Approve an increase to the referenced Retainer Agreement for legal services with Manning & Kass,
Ellrod, Ramirez, Trester LLP for the lawsuit related to an OIS that occurred on November 29, 2013
involving a suspect, in an amount not to exceed $500,000 without approval of the City Council.
DISCUSSION:
As a result of this OIS, a lawsuit has been filed in federal court, Case No. CV14-09183 GW (JPRx)
(USDC, C.D. Cal.), and the initial trial date set for December 2015 was postponed to April 12, 2016.
Depositions have been taken from police personnel, a Motion for Summary Judgement (MSJ) has been
filed, and a settlement conference and mediation date is being scheduled for mid-February. Staff will
continue to work with MKERT in preparation for the upcoming trial and update the City Council
accordingly.
APPROVED
COUNCI L MEETING
02/01/16
Increase Retainer Agreement Amount for Existing Litigation
February 1, 2016
Page 2
FISCAL IMPACT:
The City’s Self-Insurance Retention (SIR) level is $500,000. To date the City has spent in excess of
$250,000 and will likely spend its entire SIR defending this case. All costs associated with this matter will
be paid from the Risk Management Claims Expense/Liability Fund.
Prepared by:
Samuel G. Gonzalez
Chief of Police
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager