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HomeMy WebLinkAbout2010 City Attorney's Office Annual Report GiJ Grp•�7l_ Cam.14 Council/Agency Meeting Held: Deferred/Continued to: Appr ed ❑Conditionally Approved ❑ Denied �j ity C rk's Sig tune Council Meeting Date: June 6, 2011 Depart ent ID Number: CA 11-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Receive and File City Attorney's Office 2010 Annual Report Statement of Issue: Receive and file the City Attorney's Office 2010 Annual Report. Financial Impact: Not Applicable. Recommended Action: Motion to: Receive and file the City Attorney's Office 2010 Annual Report. Alternative Action(s): Do not receive and file the City Attorney's Annual Report. HB -21- Item 2. - I Requests C®mpOeted by Department 140 EL 120 INE 100 -4MM gal 80 60 40 ffs 20 ®2008 D 02009 Q QJ W iJ u N V V tL .V Y fop 'O O 0 in E �2D1D O0 3.J,. C1 J coN V .� O CJ 5 ? d a+ (-) Q�J = m o � v = w In calendar year 2010, the Advisory Division received 556 requests for legal assistance and completed 493 requests. 20101tIS 20Q9 RiS 2008 ILLS 2007;> .S Received 556 566 638 629 Closed 493 564 687 626 Re nests Com" leted b lYIattex�'; es Public Criminal Labor Agreement Advice Documents Records& Prosecutions Resolutions Negotiations, , Memos& & Citizen & Projects Pitchess& Grievances& Opinions Contracts Inquiry Hearings Ordinances Investigations Requests 201U 74 262 5. 39. 127 33 16 20.09 79.'. 275 7. 48 99 36 20 2048 . 99. 336 29 64 J 93 42 0 Additionally, the Advisory Division provided assistance with labor negotiations, made 83 appearances on criminal matters, and provided ongoing advice related to an assortment of topics, including the following: a T-Mobile Clearwire License ® Rodgers Senior Center • Pierside OPA ® Municipal Water District of Orange County ® Youth Sports Team Roster • Communication Utility User Tax ® Friends of Junior Lifeguards ® Document Imaging Records Retention ® Sunset Beach Annexation 7 Item 2. - 10 HB -30- f r r C e h }� � 24hvCkJS�� lw xc " HIGHLIGHTS Some of the significant projects for the Advisory Division include: ® Advised staff regarding the Main Promenade Parking Structure ® Reviewed and approved conveyance of cell site leases at fire stations. ® Reviewed and advised staff regarding the Huntington Beach Equestrian Center Lease. e Review and advised staff with T-Mobile facility license and upgrades outside license area. ® Reviewed and revised staff regarding the loan documents for the Affordable Housing Loan Program. ® Prepared Requests for Proposals for Hearing Officer in connection with civil citation appeals. ® Reviewed and prepared the necessary loan documents to protect the City's interest in a foreclosed affordable housing unit. ® Reviewed and advised regarding revenue sharing agreement with HBUHSD for former Home Depot site. ® Advised staff regarding the legality of posting names of delinquent accounts. 8 xB -31- Item 2. - 11 Litigation Division The Litigation Division is supervised by Assistant City Attorney Scott Field and is, comprised of Sr. Deputy City Attorneys Neal Moore and z John Fujii; and Deputy City Attorney Sarah Sutton; and Legal Assistants Thuy Vi, Chris Leonhard, and Joan Naideth. The Litigation Division handles all civil matters on behalf of the City and its employees and officials. All cases are handled by the in-house staff unless there is a conflict in representation or the outside counsel is paid by a third party or a non-general fund source. OVERVIEW A critical element of the City Attorney's legal counsel role is to defend against the lawsuits and claims brought annually against the City. Typical areas of litigation include civil rights, tort and other damage claims, subrogation, eminent domain, collections, writ, contract, and employment matters and administrative hearings concerning personnel, and labor arbitrations and hearings. SIGNIFICANT SAVINGS TO CITY Since 2002, the Litigation Division decreased the City's reliance on outside litigation attorneys. By ensuring that the Litigation Division attorneys have both the genuine 2010 was the eighth consecutive desire and the requisite experience to succeed in the year that no risk cases were litigation arena, the City has consistently experienced a referred to outside counsel, saving record of successful resolution of litigation. Over the last the City thousands of dollars in eight years, the number of risk cases sent to outside outside attorney fees. counsel has steadily decreased. Number of cases retained by office vs. referred to outside counsel for past eight years (risk cases only) In-House Outside Year Risk Cases Risk Cases Attorney— Risk Cases 2003 19 2 2004 25 25 0 2005 18 18 0 2006 ' 19 19 0 2007 is . is 10 2008 17 0 2009 19 19 0 2010 14 14 0 9 Item 2. - 12 HB -32- Although using more experienced attorneys in the Litigation Division has minimally increased labor costs within the office, annual surveys of the hourly rates charged by outside counsel, compared to the effective cost of an hour's work by a Deputy City Attorney, clearly establish that work performed in-house saves hundreds to thousands of dollars on every litigated matter. With 49 active and closed litigation cases handled in-house this year, cost savings to the City during the year are quite substantial. Hourly Attorney Rates Outside Redevelopment Tort Labor Counsel $16,U $268 $140!: $16Q $235 -.$260 In-house ltedevelopment/TorFlLabgr Counsel $91 00°(fully burden rate), By hiring only one additional in-house attorney since 2002 and keeping most litigation and redevelopment matters in-house, there has been a 77% reduction in all outside counsel expenses in comparison to the 05/06 budget. City Attorney Budget for Professional Services B>(T�DGET " Z005/06 20tD6/07 2007108 2008/09 2009J10 Adopted tactual Adopted. Actual Adopted Actual Adopted Actual ' Adopted Actual Professional 417101 94 699 300,000 134,3 O8,: 175,000 156 4.09 175,000 171 421. 175,000 183,425 . Services edevelopment 250,00.0 40,940 : ;150,000,' 8T597 150,000 97751• - 150,000 105,676 i 125000 80,779 rof.Services CLAIMS REVIEW PROCESS In 2007, the City Attorney's Office initiated a procedure that every claim filed with the City involving a potential damage exposure in excess of$25,000, or any claim involving the Police Department, is forwarded to and reviewed by Sr. Deputy City Attorney Neal Moore, for his input and suggestions for handling. Mr. Moore has over 35 years of experience in defending public entities and public employees. Mr. Moore was employed by the Los Angeles County Counsel's Office in the 1970s, and he supervised the claim administration program for the County of Los Angeles. This new procedure will maximize the benefit of Mr. Moore's years of experience in the handling and investigation of such claims 10 H13 -33- Item 2. - 13 2010 CLOSED LITIGATION CASES ® ®: During the 2010 fiscal year, 4 cases of 11 were resolved without the payment of any money. While the members of the Litigation Division have enjoyed success in handling their cases, this number is a iDANGEROUS 'CONDITION', point of particular pride, as it clearly shows the quality of the services being performed. Although the success of the litigation work performed in other areas is harder to quantify, it is evidence to both the quality and tenacity with which the Litigation Division attorneys perform their work to reach favorable results for their clients. HIGHLIGHTS ` . ,, F As indicated above, the Litigation Division had significant success in handling its cases this year. This is a result of litigation attorneys aggressively pursuing all available, meritorious causes of action or defenses, aggressively pursuing indemnity against culpable co- defendants, and equally aggressively pursuing discovery responses so that opposing litigants recognize both the weakness of their case as well as the strength of the City's case. These are some examples of their successes: A sampling of the cases the Litigation Division resolved during 2010 with no monies paid to plaintiffs include the following: 1. Automobile accident claiming comparative relief for alleged traffic light malfunction. 2. Action for false arrest, defamation, and related claims arising from Plaintiffs arrest for auto theft. 3. Trip and fall at Huntington Central Park. 11 Item 2. - 14 HB -34- Some of the more significant cases resolved in 2010 where monies were paid include the following: 1. Police vehicle collided with plaintiffs vehicle. 2. Police vehicle rear-ended plaintiffs (driver and passengers). 3. City's involved in vehicle accident with insurance company's insurer. Insurance company seeking reimbursement. 4. Employees of a landscape company want the City to enforce a Stop Notice which is doing business with the City. 5. Plaintiff was rollerblading, when her skate got lodged in a pothole in the alley causing her to fall. 6. Minor was riding his waveboard when it struck a crack in the pavement causing him injuries. 7. Plaintiff was walking to the driveway of 22021 Susan and stepped in a puddle of water in the gutter and slipped and fell. 8. Beachgoer struck by ATV driven by city employee. 12 xB -35- Item 2. - 15 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/6/2011 DEPARTMENT ID NUMBER: CA 11-004 Analysis: Not Applicable. Environmental Status: Not Applicable. Strategic Plan Goal: Improve Internal and External Communication Attachment(sl: o ® - o City Attorney's Office 2010 Annual Report Item 2. - 2 xB -22- ATTACHMENT #1 ' t � moult ,f7 t OFFICE OF THE CITY gATT Y CITY F HUNTI T,�/ BEACH 2010 ANNUAL P T JENNIFER McGRATH City Attorney r OU M. Office of the City Attorney 2000 Main Street,4th Floor Huntington Beach,CA 92648 Phone: (714)536-5555 Fax: (714)374-1590 www.huntingtonbeachca.gov 1 Item 2. - 4 xB -24- Message from the City Attorney,JenniferMcCrath 4 Jennifer McGrath,City Attorney I am proud to have served Huntington Beach as the elected City Attorney during the previous nine years. I am pleased to present the 2010 Annual Report of the Huntington Beach City Attorney's Office. Like most cities in our nation, Huntington Beach endured a difficult economic climate in 2010. The City Attorney's Office eliminated four full time positions in 2010, but still strived to accomplish our missions: to provide the best possible representation to the City in all lawsuits and administrative matters; to provide excellent legal advice and services to the City Council and to all City officers and employees; and to prosecute, in the name of the People, all violations of the City Charter and Municipal Code. The Huntington Beach City Attorney's Office is rightly considered to be one of the finest, most comprehensive municipal law offices in the State of California. The 2010 Annual Report reflects the many accomplishments of our office during this past year. Sincerely, Jennifer McGrath City Attorney 2 xB -25- Item 2. - 5 a�'tt 4 -�zz�r' � -` .r r�zvh:- s�� 4�e �� •� "': �x �' st� ���... r{` 171.YP k ' edsuch under the laG gftfi,'l , �;< ': �t en�ag�d�t��e acttcetaf��a�b mtlu�s State fox atdeast five ye s prior toezt (u)Represent }§ve the City`n r rflsecute on behalf of the people . ... . ».. , a,.. (b � i all xtt„mina�uses ansing film y z io7aton of the provrs�ons of#lus Charter or of City ordinates and such City Attorney's Roles and Clients stafem,sdemeanorsa&lieCit 4-4he powerto prosecute,unless otherwise 1 ( prov111-1- ided by She Ci council The City Attorney is an elected official and serves a i {c) .epresent and appear for tte City in R four-year term. The City Attorney is also recognized as any or all actions orproceedings m a Department Head. which the City is concerned orisa " p party,and represent aiid appear for any= City officer or employee,or former The City Attorney's principal role is to serve as legal City officeror-employee uiariygrall• counsel and provide legal advice and representation to civil actionsor proceedings i riceme p g P such officer or employee is concerned her clients. The City Attorney's clients are the Mayor or is a party for any act arisingoutof. and City Council acting as a body, in addition to those their employment orby reason oftheir. persons or entities empowered b the City Council the °�01�ami ty " p P Y Y � ( (d)Attend all regulaz meetings of the City Charter, or state law to act on the City's behalf—for ; City Council,unless excused,and give example, the City Manager and City staff. their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards The Mayor and City Council represent the residents of or officers of the city. Huntington Beach. Therefore, when the City Attorney's (e)Approve in writing the form of all Office advises and represents the Mayor and City contracts made by and all bonds and p Y Y insurance given to the City. Council, the residents benefit directly and indirectly from (f)Prepare any and all proposed that advice and representation. ordinances and City Council resolutions and amendments thereto. (g)Devote such time to the duties of = Frequently, members of the public contact the City their office and at such place as may be Attorney's Office requesting legal assistance or specified by the City Council. g Perform such legal functions and representation, believing they are entitled to such legal duties l incident to the execution of the services as residents of the city. But, as discussed foregoing powers as may be necessary. above, the City Charter specifies the City Attorney's (i)Surrender to their successor all clients, and thus prohibits the City Attorney from books,papers,files,and documents p Y Y pertaining to the City's affairs. advising and representing all others, including city 0)Assist and cooperate with the City residents. However, the City Attorney staff welcomes Manager consistent with Section 403 of the City Charter.inquiries from citizens regarding City laws and legal (k)Provide advice related to � problems. compliance with the City Charter to all elected and appointed officials of the City. Item 2. - 6 HB -26- Structured to Meet Huntington Beach's Goals The residents of Huntington Beach are represented by a seven member, part-time City Council. The City Council establishes policies and priorities for the provision of •a. effective and efficient municipal services. The City Council is the city's legislative authority and sets the policies under which the city operates. The City Council has established five strategic goals that provide the framework for carrying out its vision for the City: © Maintain our financial reserves ® Maintain, improve and obtain funding for public improvements ® Maintain public safety ® Enhance economic development ® Improve internal and external communication These strategic goals direct the efforts and activities of the City's elected officials and Departments, they also direct the efforts of the City Attorney's Office in providing legal services associated with and arising out of those activities. These focus areas with our roles as legal counsel is discussed more fully in this report under the Administration, Advisory and Litigation headings. In accordance with the City's strategic goals, the City Attorney's Office is structured with three divisions: Administration —Litigation - Advisory. These divisions drive the organizational structure of the office. E 1 i� 4 xB -27- Item 2. - 7 ADMINISTRATION DIVISION ti. The administration and support functions are performed under the supervision of the City Attorney. These functions include: ® Budget i Personnel ® Clerical 0 Financial ® Technology ® Training and Development ® Records Management Support These functions also include attendance at regular Council meetings as parliamentarian and advisor, and active participation in the executive management team to promote the strategic goals of the City Council. The 2010 Administration Team—consisted of the City Attorney Jennifer McGrath; Assistant City Attorneys Paul D'Alessandro and Scott Field; Senior Deputy City Attorneys Neal Moore and John Fujii; Law Office Manager Joan Giguere; Administrative Assistant to the City Attorney, Sandie Frakes and Office Specialist Jean Sharpe— provides excellent administrative, organizational and managerial oversight of the office, in addition to their other duties. City Attorney's Budget The City Attorney's Office adopted budget for fiscal year s `.{ 2009-2010 was $2,785,911 for operations and non-risk q� litigation expenses. This does not include the general liability reserve. Approximately 84% of the budget was for personnel costs of 17 full-time positions, including two (2) assistant city attorneys, five (5) deputy city attorneys, a law office manager, an investigator, an administrative assistant, four (4) legal assistants, and an office specialist. S Item 2. - 8 HB -28- Significant projects for the Administration Division include: ® Comprehensive training program for City staff on a wide variety of topics, including ethics, Public Works Construction Contracts, Now You've Been Sued — non-police, Form 700 workshops, Ethics AB 1234, Planning Commission Workshop, and Brown Act Roundtable with Commission Liaisons. ® Summer Externship Program designed to educate and mentor first and second year law students in the City Attorney's Office. In the course of the summer, each extern spends one week with six separate attorneys in the office, each who work in different areas of law. ® Prepared and arranged 125 Civil Citation Hearings for City's hearing officer. ® Monthly and quarterly reports to City departments and City Council. ® Maintaining complete electronic files on every case and matter in the office's document management software. ADVISORY DIVISION OVERVIEW The Advisory Division is supervised by Assistant City Attorney Paul D'Alessandro, and for 2010, comprised of Deputy City Attorneys Michael Vigliotta and Dan Ohl; and Legal Assistants Karen Copeland and Joan Naideth. ' The goal of the Advisory Division is to provide daily legal ` advice and support to the fourteen City departments and the Redevelopment Agency. The Advisory staff attorneys provide superior internal customer service to ensure that staff can accomplish their goals with little, if any, risk of litigation. CUSTOMER SERVICE The Advisory staff attorneys work on virtually all aspects of City business and perform a broad spectrum of legal services, including preparing legislation; negotiating and drafting contracts and other transactional documents; providing legal representation and advice at meetings of the City Council, City Council Committees, and City boards and commissions; prosecuting code violations; providing timely legal advice and assistance to City staff; improving contracting practices and updating form agreements; teach training seminars on various municipal law topics; and informing the City Council and City staff of the changes in the law that directly impact the City. 5 HB -29- Item 2. - 9 Community Outreach Activities City Attorney Jennifer McGrath is an active member in the Huntington Beach Kiwanis Club and Soroptomists Club of Huntington Beach. Assistant City Attorney Scott Field is a volunteer Temporary ' t.�oa« w��` Judge for the Orange County Superior Court. His work typically involves 0 re conducting settlement conferences. Senior Deputy City Attorney Neal Moore was appointed by the State Bar Board of Governors to serve on the Executive Committee for the Litigation Section of the State Bar of California. This Committee concerns itself with the policy, education, and organizational issues for the Litigation Section of the State Bar. Mr. Moore served as a judge for the UC Irvine Mock Trial Tournament. This tournament involved 26 college mock trial teams from around the U.S. Also, as in years past, Mr. Moore coaches the Marina High School Mock Trial Team. This team competes against other high schools in Orange County in simulated trial competitions. Senior Deputy City Attorney John Fujii volunteers every week through the Rodgers Seniors' Center in its Senior Visitor Program. Legal Assistant Chris Leonhard was active with the 3/1 Marine Foundation and Team HB United — Relay for Life. Both of which she helped raise hundreds of dollars. Legal Assistant Joan Naideth is a member of OC Volunteers and has worked packaging food for OC Food Bank throughout the year. She volunteers at the Baron's Ball and Relay for Life for American Cancer Society. Ms. Naideth supports South Coast Repertory Theater as a volunteer usher for 10 years. RELAY FOR LIFE m WU T11 �vihCCR1,IC}' 13 Item 2. - 16 HB -36- OFFICE OF THE CITY ATTORNEY 2010 ORGANIZATION CHART Jenmf�rcGra X��ss�ata'�t City..Atigrey : � sistant�ity;�l�pmey �A�it�ntnis'Triv`�t�e Assistant 'Law Office NZan�gerr catt Tae�d au1 A Aleso S��ncteakes 1< Joan Cnguere �,Sr Deputy Ci�.y�lttomey� Sr Deputy C�rtybttomey� s=� Legal Assistant Sis i Depru��iC� �[omey,� �Jt?ep�Ly ty Attoey "�- 7g81Ass�stant �'� � Deputy,C�rty�3tome�-z : --�Depuiy City Atto ey �` Legal Assistant '� Y �_F � r ' riSn111I11 a �� Ti��eshgatoi � ��. Dpu�yt�`CityAtforney�,�, � ,�LegalAssistant � e yin 4 ��'�Off�ce�peeialist ; _ ��y .'dnimisliahon , Jean.S.._F e 14 HB -37- Item 2. - 17 2010 Attorney Bios PAUL D'ALESSANDRO Practice Areas, Background and Experience Mr. D'Alessandro presently serves as the Assistant City Attorney supervising the Advisory Division of the City Attorney's Office. He provides legal assistance on all areas of municipal law, including land use, redevelopment, affordable housing, public works, community services, public meetings (Brown Act), public records, elections, conflicts of interest, and business transactions. Mr. D'Alessandro joined the City Attorney's Office as a Deputy City Attorney in 1988. As a Deputy City Attorney, Mr. D'Alessandro had extensive litigation and transactional practice. He served as legal advisor to the Huntington Beach Planning Commission, and handled numerous trials, appeals, arbitrations and administrative hearings in virtually all areas of municipal litigation practice, including eminent domain, inverse condemnation, civil rights, tort defense, land use, labor, and criminal prosecutions. Professional Affiliations Mr. D'Alessandro is admitted to practice law in California and the District of Columbia, and before the United States District Courts for the Central and Southern Districts of California, and the Ninth Circuit Court of Appeal. Education Mr. D'Alessandro is a graduate of Loyola Law School (J.D.), where he was a staff member on the Loyola of Los Angeles Law Review, and the University of California, Riverside (B.A., English and History). SCOTT FIELD Practice Areas, Background and Experience Mr. Field presently serves as the Assistant City Attorney supervising the Litigation Division of the City Attorney's Office. The Litigation Division handles all phases of all civil litigation matters involving the City and Redevelopment Agency, including pretrial discovery, law and motion, trial, and appeals. Mr. Field joined the City Attorney's Office as a Deputy City Attorney in 1995. Prior to joining the City Attorney's Office, Mr. Field was a partner at Burke, Williams & Sorensen, a law firm specializing in the representation of public agencies throughout California, where he served as City Attorney for the Cities of Temecula (1989-94) and Mission Viejo (1988-90). 15 Item 2. - 18 HB -38- Professional Affiliations Mr. Field is admitted to practice law in California, and before the United States District Courts for the Central and Southern Districts of California, and the Ninth Circuit Court of Appeal. Education Mr. Field is a graduate of UCLA School of Law (J.D.), and the University of California, Berkeley (B.A., Economics). JOHN FUJII Practice Areas, Background and Experience Mr. Fujii presently serves as a Senior Deputy City Attorney in the Litigation Division of the City Attorney's Office. He primarily practices in state and federal trial and appellate courts, litigating cases involving civil rights, land use, torts, construction and environmental law. Prior to joining the City Attorney's Office, Mr. Fujii was an associate at the law firms of Jeffer, Mangels, Butler& Marmaro in Century City and at Brobeck, Phleger& Harrison in San Francisco. From 2002 to 2005, Mr. Fujii taught legal research and writing as an adjunct professor at Chapman University School of Law. Professional Affiliations Mr. Fujii is admitted to practice law in California and before the United States District Courts for the Central and Northern Districts, and the Ninth Circuit Court of Appeal. Education Mr. Fujii is a graduate of the Boalt Hall School of Law at U.C. Berkeley (J.D.), and U.C. Davis (B.S., Animal Physiology). JENNIFER MCGRATH Practice Areas, Background and Experience In 1996, Ms. McGrath began her career with Huntington Beach as a Deputy City Attorney. While at that position, Jennifer established relationships with city residents and officials that allowed her to improve service levels to the City Council. In November of 2002, the people of Huntington Beach elected Jennifer McGrath as their City Attorney. 16 HB -39- Item 2. - 19 Professional Affiliations Ms. McGrath is admitted to practice law in California and before the United States District Courts for the Central and Northern Districts, and the Ninth Circuit Court of Appeal. Education Ms. McGrath is a graduate of McGeorge School of Law (J.D.), and the University of California at Los Angeles, (B.A., Political Science) NEAL MOORE Practice Areas, Background and Experience Mr. Moore presently serves as the Senior Deputy City Attorney in the Litigation Division of the City Attorney's Office. Mr. Moore is the senior trial attorney in the City Attorney's Office, and handles a wide range of civil litigation matters involving the City and Redevelopment Agency. Mr. Moore joined the City Attorneys Office in 2004. From 1976 to 2004, Mr. Moore was in private practice, specializing in the defense of public entities and public employees. He has completed approximately 100 civil jury trials. From 1971 to 1976, Mr. Moore was employed by the County of Los Angeles as a Deputy County Counsel. He holds the rank of Advocate from the American Board of Trial Advocates, and is a member of the Executive Committee for the Litigation Section of the State Bar of California. Professional Affiliations Mr. Moore is admitted to practice law in California, and before the United States District Court for the Central District of California, the Ninth Circuit Court of Appeal, and the United States Supreme Court. Education Mr. Moore is a graduate of the University of Southern California School of Law (J.D.), and the University of Southern California (B.A., History). DANIEL K. OHL Practice Areas, Background and Experience Mr. Ohl presently serves as a Deputy City Attorney in the advisory division of the City Attorney's Office. He practices primarily in the areas of police legal advisor, "Pitchess" motions, code enforcement, building and public works, and public records. Mr. Ohl also prosecutes violations of the City's municipal code. 17 Item 2. - 20 HB -40- Prior to joining the City Attorney's Office, Mr. Ohl was a Deputy City Attorney with the City of Newport Beach from 1994-2007. He handled all phases of civil litigation, including pretrial discovery, law and motion, trial and appeal. He provided advisory services to the police and fire departments, city lifeguards, code enforcement, building, planning, community services and general services departments. Professional Affiliations Mr. Ohl is admitted to practice law in California, the United States District Courts for the Southern, Central, Eastern and Northern Districts, and the Ninth Circuit Court of Appeal. Education Mr. Ohl is a graduate of McGeorge School of Law (J.D.) and California State University at Long Beach (B.A., Political Science). SARAH SUTTON Practice Areas, Background and Experience Ms. Sutton presently serves as a Deputy City Attorney in the Litigation Division of the City Attorney's Office. She primarily practices in the area of tort defense and has taken to verdict over 50 jury trials. Prior to her assignment to the Litigation Division, Ms. Sutton was assigned to the Advisory Division, where she served as the City's police legal advisor. She has also practiced in the areas of land use, public works, public records, public meetings (Brown Act), and conflict of interest law. Prior to joining the Huntington City Attorney's office in 1989, Ms. Sutton was a Deputy City Prosecutor for the City of Long Beach. Professional Affiliations Ms. Sutton is admitted to practice law in California, and before the United States District Court for the Central District of California. Education Ms. Sutton is a graduate of the University of San Francisco School of Law(J.D.) and the University of California, Berkeley (B.A., Political Science); and is also certified in Mexican law from the Universidad Pano Americana in Mexico City, Mexico. 18 xB -41- Item 2. - 21 MIKE VIGLIOTTA Practice Areas, Background and Experience Mr. Vigliotta presently serves as a Deputy City Attorney in the Advisory Division of the City Attorney's Office. He primarily practices in the area of labor and employment law and advises all city departments on issues relating to employee discipline, discrimination, harassment, wages and hours, family and medical leave, disability, and labor law. He is responsible for prosecuting employee disciplinary appeals on behalf of the City before the Personnel Board and representing the City before the Unemployment Appeals Board. He also participates in the negotiation of memorandums of understanding with employee unions, as well as the drafting of employee contracts, city resolutions, ordinances, processes and policies. He provides training on various employment-related issues to city management and staff. Prior to joining the City Attorney's office in 2005, Mr. Vigliotta was employed by the City of Santa Ana as a Deputy City Attorney. In Santa Ana, Mr. Vigliotta provided general counsel to various city departments on such issues as utility user and hotel visitor tax and fees, election matters, open meeting laws, conflict of interest and ethics regulations. In addition, Mr. Vigliotta prosecuted code enforcement matters and provided litigation support regarding law and motion for specialized litigation matters. Professional Affiliations Mr. Vigliotta is admitted to practice law in California and before the United States District Court for the Central District of California, and the Ninth Circuit Court of Appeal. Education Mr. Vigliotta is a graduate of the Chapman University School of Law(J.D.) and Gannon University (B.A., Political Science). 19 Item 2. - 22 xB -42-