Agenda

Return

C.81

To:	Board of Supervisors
From:	Sharon L. Anderson, County Counsel
Date:	December 6, 2011

Contra

Costa

County

Subject:

Approve and Authorize Conflict Waiver with Hanson Bridgett, LLP

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/06/2011

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Kathleen M. Andrus, 335-1824

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 6, 2011
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the County Counsel, or designee, to execute on behalf of the County a form acknowledging a potential conflict of interest and consenting to representation of Golden Rain Foundation (GRF) of Walnut Creek by Hanson Bridgett, LLP in connection with a property tax appeal matter.

FISCAL IMPACT:

There is no negative impact on the General Fund.

BACKGROUND:

The County is an existing client of Hanson Bridgett. Hanson Bridgett represents the County in various pension and other benefits issues, compensation of county employees, tax issues, and litigation involving benefits and compensation-related matters. GRF is also an existing client of Hanson Bridgett. Hanson Bridgett has advised GRF in general business, real estate and environmental matters.

BACKGROUND: (CONT'D)

GRF has requested Hanson Bridgett to represent it in connection with a property tax appeal matter that is pending before the Contra Costa County Assessment Appeals Board and, if requested, in any subsequent court proceedings arising from the Assessment Appeals Board’s decision.

In the absence of the informed written consent of each client, the California Rules of Professional Conduct prohibit an attorney from representing a client in one matter and at the same time representing a second client in a separate matter if the second client’s interests in the separate matter are adverse to those of the first client. (Rule 3-310(C)(3))

In this instance, the representation Hanson Bridgett provides to the County is unrelated to the representation it provides to GRF.

Attached is a letter from Hanson Bridgett that describes the conflict waiver request in more detail. The proposed consent is attached to the letter.

CONSEQUENCE OF NEGATIVE ACTION:

If the conflict waiver is not granted, Hanson Bridgett will not be able to represent GRF in the property tax appeal matter.

CHILDREN'S IMPACT STATEMENT:

Not applicable.