CC - Item 6C - Payment of Legal Costs for Council Member ArmentaROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: MATTHEW E. HAWKESWORTH, ACTING CITY MANAGER
DATE: JUNE 9, 2009
SUBJECT: PAYMENT OF LEGAL COSTS FOR COUNCIL MEMBER ARMENTA
SUMMARY
Council Member Armenta has requested that the City consider paying for her defense costs
related to the legal challenge that was made by John Tran in contest of the March election. In
conferring with the City Attorney, California Government Code section 36812.5 provides in
relevant part that "A city may defend any person elected to the city council in any election
contest instituted for any of the causes set forth in subdivisions (a), (d), or (e) of section 16100
of the Elections Code." Elections Code section 16100(e) includes a challenge to an election
based upon an allegation "that the precinct board in conducting the election or in canvassing the
returns, made errors sufficient to change the result of the election as to any person who has
been declared elected." The complaint in the Tran v. Armenta suit clearly falls within the scope
of 36812.5 and 16100(e) and due to the fact that Council Member Armenta's interests in the
case were different from and potentially in conflict with those of the City and City Clerk, it is
appropriate that she was represented by a firm other than Burke, Williams & Sorensen, LLP.
The City Attorney has also made the recommendation that if legal fees are to be paid by the
City that.they be paid directly to the attorney representing Council Member Armenta.
Staff Recommendation
That the City Council provide direction regarding the payment of legal fees for Council Member
Armenta in the Tran v. Armenta case.
FINANCIAL IMPACT
The attorney for Council Member Armenta had not provided a final billing at the time of this staff
report; however, the final total will be presented at the Council Meeting.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Matthew E. Hawkesworth
Acting City Manager
ITEM NO.
APPROVED FOR CITY COUNCIL AGENDA: