COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

 

DATE:

April 4, 2003

BOARD MEETING DATE:

April 22, 2003

 

TO:

Honorable Board of Supervisors

FROM:

Thomas F. Casey III, County Counsel

SUBJECT:

Adopt a Resolution Approving Contracts with Attorneys for Workers' Compensation Legal Services

 

Recommendation

Approve a Resolution Waiving the Request for Approval Process and Approving Four Contracts with Attorneys for the Provision of Legal Services Related to Workers' Compensation.

 

Background

The County is self insured for workers' compensation, with Northern Claims Management, and the Risk Management Division of Employee and Public Services handling administration of the claims. When it is determined that a claim requires litigation, outside attorneys who specialize in workers' compensation have been utilized. The Ordinance Code Section 2.92.170 provides that attorney contracts must be reviewed by the County Counsel and approved by the Board:

     
 

Notwithstanding any other provision of this code, the Board of Supervisors has sole authority to retain the services of any attorney or law firm outside the County Counsel's Office for the purpose of providing legal services, advice, or representation to any County employee or Department. Any contract with or use of outside counsel must first be reviewed by the County Counsel and approved by the Board of Supervisors. The Controller shall not pay any bills for outside legal services unless the Board of Supervisors has approved the use of outside counsel.

 
 

Discussion

Four law firms have been providing legal services for litigated workers compensation cases. The Risk Manager recommends continuing the services of these four firms, D'Andre, Peterson, Bobus and Bruscino LLP; Hanna Brophy, MacLean McAleer & Jensen, LLP; Laughlin, Falbo, Levy & Moresi, LLP and The Law Offices of Ronald R. Neach. These firms and their predecessors have provided legal services for workers compensation matters for many years. It is our intention to have a Request for Proposal process for these services next year.

 

Vision Alignment

These contracts ensure that government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

 

Fiscal Impact

The total amount payable under these four contracts is limited to $435,000 for the one year term of the contracts. During 2002, $426,683.79 was expended for workers' compensation attorneys as follows:

 

D'ANDRE PETERSON BOBUS & BRUSCINO $ 38,950.14

HANNA BROPHY MACLEAN $134,723.11

LAUGHLIN FALBO LEVY & MORESI $151,769.46

VALENCIA & WILBERDING (Ron Neach) $101,241.08

 

These funds are paid from the Risk Management Trust Fund.