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HomeMy WebLinkAbout08.b.1) Request for waiver with regard to Meyers Nave's representation of the City of Walnut Creek555 12`h Street, Suite 1500 Oakland, California 94607 tel (510) 808 -2000 fax(510)444 -1108 www.meyersnave.com meyers i nave August 20, 2013 Mr. Roger S. Bailey CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, CA 94553 Re: Request for Conflict Waiver Dear Mr. Bailey: S.6.1 Kenton L. Alm Attorney at Law Direct Dial: (510) 808 -2000 kalm @meyersnave.com As you may know, I have represented the District as District Counsel for nearly 25 years in connection with general advice, labor negotiations, litigation matters over the last ten years and on a variety of matters. Meyers Nave has .recently been selected to serve as Interim City Attorney for the City of Walnut Creek (the "City ") due to the unexpected resignation of the in -house City Attorney. Our firm's work for the City may present certain potential challenges outlined herein. During my 25 years as District Counsel, I have occasionally represented the City on matters unrelated to the District without any actual or perceived conflicts. The District's relationship with the City on die District Counsel level has always been cordial, cooperative and without any actual or perceived conflicts. Even during the time period when the District needed to negotiate substantial entitlements from the City to construct the new CSO Facility, there was no need for the District's Counsel to take any positions which were adverse to those of the City and the City worked with District staff to resolve our issues. Notwithstanding the wholly amicable prior working relationship, our work for the District may present actual or potential conflicts of interest between the District and the City as a result of the firm having been named the Interim City Attorney. The purpose of this letter is to disclose this potential relationship to you and to seek your informed, written consent to our representation of the City. A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO Mr. Roger S. Bailey CENTRAL CONTRA COSTA SANITARY DISTRICT August 20, 2013 Page 2 Rules 3- 310(0), of the California Rules of Professional Conduct provide as follows: Rule 3- 310(C): A member shall not, without the informed written consent of each client: (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (2) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. With regard to Rule 3- 310(0'), our representation of the City as Interim City Attorney will not .result in our representing the District and the City in the same matters. However, it could result in our representing the District in the matters for which we have been retained, at the same time as we are acting as Interim City Attorney in separate matters. Therefore, and since we have a professional duty of undivided loyalty to each client, given our current and past representation of the District, we need the informed written consent of the District before we can accept representation of the City as Interim City Attorney. The firm will not represent the City on any matters that are adverse to the Interests of the District or are in any way related to the matters for which the firm 1-Las been retained. Rather, the firm will represent the City in a host of other, unrelated matters. Any firm attorney who has performed work on the District's matters including, but not limited to, myself, Sarah Olinger, Leah Goldberg, Jody Knight, Richard Pio Roda, Matthew Weinberg, Brenda .Aguilar - Guerrero, Eric Casher, Stephanie Downs, Eddie Kreisberg, Greg Newmark, Neli Palma, Benjamin Reyes, and paralegals Susan Reusswig and Michelle Vancil will be ethically screened from any work for the City which may involve the District. Likewise, firm attorneys handling work for the City (including, but not (united to, Steven Mattas and John Bakker) will. be ethically screened from matters that involve the District. Further, Jennifer Faught and Linda Ross, who have provided advice to the District in the past, will continue to represent the District and will only provide advice to the City on future matters that do not relate to the District. Jennifer and Linda will be ethically screened from all matters for the City involving the District. Our screening process precludes attorneys from working on or discussing any information related to these matters outlined above. They will also be denied access to physical and electronic files for those matters. A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO Mr. Roger S. Bailey CENTRAL CONTRA COSTA SANITARY DISTRICT August 20, 2013 Page 3 In order for Meyers Nave to represent the City as Interim City Attorney as discussed above, we request that the District expressly waive any actual or potential conflicts that might arise in the future representation of the City. Needless to say, these acknowledgments do not permit our firm to represent the City in opposing any specific project for which the District engages us without the District's specific written consent. We request that the District consider this written request carefully. You may wish to confer with independent legal counsel regarding this consent, and should feel free to do so. If, after review and consideration of the foregoing, the District accepts the conditions of this conflict waiver, please sign the enclosed copy of this letter and return it to me as soon as possible. Please do not hesitate to call me if you have any questions or concerns about the foregoing. Very t IN, }' firs, Kenton L. Alm Central Contra Costa Sanitary District consents to the representation described above. Dated: c: Conflicts Dept. 2124880.2 CENTRAL CONTRA COSTA SANI`T'ARY DISTRICT By: ROGER S. BAILEY GENERAL MANAGER A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO