To: Board of Supervisors
From: County Counsel
Agenda Section: Departmental
SUBJECT:
title
Request of the Auditor-Controller for Outside Counsel Representation
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Deliberate on the request of the Auditor-Controller; and
2. Authorize a designated County Counsel attorney to represent the Auditor-Controller in the investigation with an ethical wall in place.
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SOURCE OF FUNDING:
General Fund
DISCUSSION:
Although information about an internal investigation would not typically be discussed in this public manner, the Office of County Counsel has received a request from attorney Cyndy Day-Wilson requesting to be appointed to provide outside counsel representation to the Auditor-Controller (Attachment 1). The letter is in response to an interview notice sent to the Auditor-Controller regarding an investigation concerning delays in payments, transfers, and reconciliations of accounts. The Office of County Counsel has provided a written response to Ms. Day-Wilson (Attachment 2) but the decision regarding the request for outside counsel first rests with the concurrence of the Board of Supervisors and then potentially with the court under the provisions of Government Code ?31000.6 (Attachment 3).
There are several determinations before your Board, with many contingent upon each other.
* First, does the Office of County Counsel have a conflict regarding representation of the Auditor-Controller and the noticed investigation? As conveyed in the response letter, the position is that the Office of County Counsel's client is the county as a whole and the office does not provide individual representation to employees or elected officials in an investigation. It does not appear at this point in time that a conflict exists regarding the office, but the recommended approach is discussed in the next point, establishment of an ethical wall.
* Second, would it be appropriate to establish an...
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