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AGENDA ITEM REVIEW FORM |
13.
Regular City Council Meeting
- Meeting Date:
- 04/10/2024
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
DISCUSSION AND POSSIBLE ACTION ITEM:
Discussion and possible action on any and all matters regarding the approval and ratification to engage outside counsel for the lawsuit U.S. District Court for Arizona, Civil Case No. 2:24-cv-00534-ESW. (City Council and Kay Marion Macuil, City Attorney)
Discussion and possible action on any and all matters regarding the approval and ratification to engage outside counsel for the lawsuit U.S. District Court for Arizona, Civil Case No. 2:24-cv-00534-ESW. (City Council and Kay Marion Macuil, City Attorney)
SUMMARY:
On March 21, 2024, the city received a lawsuit from the law firm of Snell and Wilmer (which has more than 500 attorneys and 16 locations throughout the western United States and an office in Mexico) regarding Gethsemani Baptist Church. This item is to ratify the engagement of Outside Counsel, the firm of Gammage & Burnham, which has attorneys with expertise in federal court litigation and the federal RLUIPA statute (Religious Land Use and Institutionalized Persons Act).
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO RATIFY AND APPROVE THE ENGAGEMENT AND RETAINER OF GAMMAGE AND BRUNHAM IN THE AMOUNT OF $50,000.00 UNDER THE TERMS OF THE ATTACHED MARCH 22, 2024, ENGAGEMENT LETTER TO REPRESENT AND DEFEND THE CITY OF SAN LUIS, ITS OFFICIALS AND EMPLOYEES (INCLUDING, WITHOUT LIMITATION, MAYOR NIEVES RIEDEL, ACTING CITY MANAGER JENNY TORRES, AND CODE ENFORCER ALEXIS GOMEZ) IN ANY AND ALL MATTERS IN THE U.S. FEDERAL COURT, ARIZONA, DISTRICT CASE NO. 2:24-CV-00534-ESW.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- $50,000 estimated cost for retainer
- BUDGETED AMOUNT:
- $130,000 for all legal contingencies for 2024-2025 Budget Year
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- GL 100-12100 & 100-117-80003
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Gammage & Burnham have estimated an initial budget of $50,000. Litigation is unpredictable; therefore, the final costs may be lower or higher. Staff requests that the $50,000 be paid as a retainer for legal fees within this fiscal year. This initial payment will be allocated to the General Fund Prepaid Services General Ledger account 100-12100. Against this account, subsequent invoices received for services rendered will be posted on the General Ledger expense account 100-117-80003, under Legal Services for the City Attorney department. It is important to note that the final costs associated with these litigation services may vary, potentially being lower than or exceeding the initial retainer fee. Should the litigation extend into the next fiscal year, it could impact next year's budget.