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MV City Attorney My following Public Comment letter was emailed to Mission Viejo city staff and council on Jan. 18, as I was going out of town and would miss the council meeting. To say I am disappointed in this council majority is an understatement. In her council comments (that can be viewed on our city website) Member Reardon stated having forwarded this letter to Richards, Watson & Gershon (RW&G) attorney Bill Curley. Member Trish Kelley admitted that we did go out for bids for the services of a city attorney in 2005, yet that was not to be their position today. So we spend millions of dollars for legal representation since that change without competitive bidding now as Mission Viejo’s city attorney Bill Curley departs from his current firm. Rhonda said there is a cost to go out for a Request For Proposals. There is. There will also be a cost come November when I will oppose her candidacy for re-election. That's part of the cost when you do not engage in appropriate fiscal management. The cost to the city is insignificant when we already have boilerplate Agreement wording. The cost to other law firms is up to them as they choose whether or not to participate in the process. I have previously written that when it relates to contracts, Mission Viejo is a Closed City. This is but another example. Following is my letter: Jan. 18, 2014 To: Karen Hamman, Mission Viejo City Clerk Re: Jan 20, 2014, city council meeting Agenda item #21. "City Attorney Support Firm" As I will be out of town on Monday evening, I hereby submit my Public Comment expressing my objections to a proposed change of our independent contractor legal representation. While I would not stand in the way of anyone changing jobs, such as Bill Curley, I do not support his being selected to carry our account to any new firm that has not been fully vetted. Furthermore, I recall our going out for competitive bid at the time Bill assumed our legal representation. Why isn't that same policy being enacted today? Has anyone checked the background of Lozano Smith? Has that information been shared with the council? How many, if any, Orange County, LA or San Diego cities do they currently represent? None. Of the 8 cities Lozano Smith currently represents 7 are in Fresno County and one, Lemoore, in Kings. With the exception of Clovis, population 95,631 (or 101,314), all of these cities are much smaller than Mission Viejo. Fowler 5,570, Firebaugh 7,549, Coalinga 13,380, Parlier 14,494, Reedley 24,194, Sanger 24,270 and Lemoore 24,531. These are cities in the San Joaquin Valley whose economy is based on agriculture. Not exactly the same potential issues faced by this bedroom community we live in. Contrast that with the RW&G's Orange County clients that include Brea and Buena Park, which have the same county challenges we face. A quick visit to Lozano Smith’s web site indicates a focus on education rather than city government. My point is that RW&G was previously retained as they have deep experience and staffing. Please consider the following link relating to Lozano Smith’s ethics violation before casting your votes. They were sanctioned for lying by a Federal Judge. With all the professional legal firms representing local cities, we deserve better than selecting a firm with a tarnished record. Thank you. Larry Gilbert http://www.edethics.org/lozano_smith_law_firm_sanctioned.html |
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