REPORT TO COUNCIL
SUBJECT
Title
Approve Outside Counsel Agreement with Sloan Sakai Yeung & Wong LLP for Litigation Services in the Matter of Michael Laurent v. City of Sunnyvale
Report
BACKGROUND & DISCUSSION
Michael Laurent v. City of Sunnyvale, Case No. 19CV355846, currently pending in Santa Clara County Superior Court, involves Plaintiff Michael Laurent who alleges discrimination, failure to provide reasonable accommodation, retaliation, failure to engage in the interactive process, and failure to prevent discrimination and retaliation. Mr. Laurent was a former employee of the City of Sunnyvale and the causes of action arise from his employment with the City in the Library and Recreation Services Department. The case was set for trial on October 23, 2023; however, the trial did not proceed as there was not an available courtroom. The case was re-set for trial to begin on May 20, 2024, with a settlement conference set prior to the trial date on May 15, 2024. The parties may attempt to settle the matter informally or at the settlement conference prior to proceeding to trial.
Steven P. Shaw and Eric F. Della Santa are attorneys with the law firm of Sloan Sakai Yeung & Wong LLP (“Sloan Sakai”). The firm specializes in municipal employment defense. Mr. Shaw and Mr. Della Santa are part of the firm’s litigation group that handles litigation, mediations, arbitrations, and trials for municipal clients throughout California. The City Council previously authorized the City Attorney to retain another law firm Atkinson, Andelson, Loya, Ruud & Romo (RTC No. 23-0705) to handle the defense of this matter.
Approval is requested for an Outside Counsel Agreement for up to $300,000 for potential legal expenses, including costs associated with the settlement conference, preparation of witnesses and briefs, and a 10-day trial. Approval of this Agreement will result in a new not-to-exceed amount for legal services, including work performed previously by other law firms, in this matter of $700,000.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b) (4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
Funds are available in Program 10100 - Comprehensive Legal Services and within the Legal Contingency allocation in the FY 2023/24 Liability and Property Insurance Fund for this Agreement.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Authorize the City Attorney to execute an Agreement, in substantially the same form as Attachment 1 to the report, with the law firm of Sloan Sakai Yeung & Wong LLP in an amount not to exceed $300,000.
Staff
Prepared by: Anais Martinez Aquino, Senior Assistant City Attorney
Reviewed by: Tim Kirby, Director of Finance
Reviewed by: Rebecca L. Moon, Interim City Attorney
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. (Draft) Legal Services Agreement