COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

DATE:

May 27, 2005

BOARD MEETING DATE:

June 21, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Thomas F. Casey III, County Counsel

SUBJECT:

Retention of Outside Counsel to Represent County and its Employees in Oscar and Andrea Braun v. County of San Mateo, United States District Court Case No. C 05 1459 MJJ

RECOMMENDATION:

Adopt a resolution authorizing and directing the President of the Board to execute an agreement with the law firm of Kerr and Wagstaffe to provide representation on behalf of the County and its employees in Oscar and Andrea Braun v. County of San Mateo, United States District Court Case No. C 05 1459 MJJ.

BACKGROUND:

Oscar and Andrea Braun have filed a second federal lawsuit against the County of San Mateo arising out of the events surrounding the proceedings held by the Board in 2002 for legalization of certain structures on the Braun property. This second federal lawsuit arises out of a settlement agreement reached in a related state case, entered into in July of 2004.

DISCUSSION:

Given the nature of the lawsuit, we believe it to be in the County’s best interests to associate in the firm of Kerr & Wagstaffe in San Francisco, with James Wagstaffe as principal counsel. We have determined that Mr. Wagstaffe, who has extensive experience in federal court in the area of First Amendment litigation, would provide the best and most cost effective representation under the circumstances of this case.

FISCAL IMPACT:

The agreement includes a range of hourly rates from $60 per hour for legal assistants to $300 per hour for Mr. Wagstaffe’s services. The agreement has an upper limit of $100,000. If any adjustment in the upper limit becomes necessary, the agreement will be brought back to the Board for amendment.