BOARD MEETING DATE: September 5, 2003
AGENDA NO. 9

PROPOSAL:

Amend Contract with Outside Environmental Counsel for Litigation Support and Appropriate Funds from Designation for Litigation/Enforcement to District Prosecutor's FY 2003-04 Budget

SYNOPSIS:

On February 7, 2003, the Board authorized an appropriation in the amount of $150,000 from the General Fund, Designation for Litigation/Enforcement, to the District Prosecutor’s FY 2002-03 Budget, Professional and Special Services Account, and authorized the District Prosecutor to enter into a contract for that amount with the law firm of Woodruff, Spradlin and Smart for litigation support in connection with two sensitive and complex enforcement matters. $50,000 of this amount was used in the last fiscal year and the balance was returned to the General Fund, Designation for Litigation/Enforcement. These enforcement matters are continuing in the current fiscal year, and this action is to restore the $100,000 balance from the previous Board action, plus appropriate an additional $100,000 from the Designation Litigation/Enforcement, and authorize the Executive Officer to amend the contract with Woodruff, Spradlin and Smart in an amount not to exceed a total contract price of $250,000.

COMMITTEE:

Administrative, August 8, 2003, Recommended for Approval

RECOMMENDED ACTION:

1. Appropriate $200,000 from the General Fund, Designation for Litigation/Enforcement, to the District Prosecutor's FY 2003-04 Budget, Professional and Special Services Account.
    
2. Amend the contract for legal services with Woodruff, Spradlin and Smart to increase funding by $200,000, bringing with the total contract to an amount not to exceed $250,000.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

On September 13, 2002, the Board approved a list of prequalified counsel to assist with environmental litigation matters. At that time, staff anticipated that the outside attorneys would assist in the defense of lawsuits challenging AQMD actions such as permitting and rulemaking actions.

Recently, the Prosecutor’s Office has initiated investigations into two sensitive enforcement matters that require resources beyond those currently available. These matters involve voluminous documents, numerous witnesses, and extensive violations. It is expected that the prosecution of these matters in court will involve extensive discovery proceedings, numerous law and motion challenges, and lengthy trials. The legal expertise required for these tasks is identical to those used to select prequalified counsel in the September 13, 2002 action.

In the February 7, 2003 action approving annual expenditures for outside environmental counsel, the Board authorized expending up to $500,000 a year for three years. Consequently, to cover the increase in prosecution costs, staff is requesting approval to appropriate $200,000 from the Designation for Litigation/Enforcement to the District Prosecutor's FY 2003-04 Budget, Professional and Special Services account.

Proposal

Staff recommends that the Board (1) appropriate $200,000 from the General Fund, Designation for Litigation/Enforcement to the District Prosecutor's FY 2003-04 Budget, Professional and Special Services Account; and (2) authorize the Executive Officer to amend the contract with the law firm of Woodruff, Spradlin and Smart to increase funding by $200,000, bringing the total contract to an amount not to exceed $250,000.

Resource Impacts

The sum of $200,000 will be appropriated from the Designation for Litigation/Enforcement to the District Prosecutor FY 2003-04 Budget, Professional and Special Services account.

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