Title
[Contract Supplement] Approval of Legal Services for Jonathan Burgess v. City of Sacramento, et al. Litigation
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FileID
File ID: 2026-00788
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Location
Location: Citywide
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Recommendation
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute a supplemental contract with Liebert Cassidy Whitmore, for a new not-to-exceed amount of $1,695,000, for litigation assistance in the lawsuit Jonathan Burgess v. City of Sacramento, et al.
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Contact
Contact: Andrea Velasquez, Supervising City Attorney, (916) 808-5346, avelasquez@cityofsacramento.org, Office of the City Attorney
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Presenter
Presenter: None
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Attachments
Attachments:
1-Description/Analysis
2-Supplemental Contract 2024-0177-5
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Description/Analysis
IssueDetail
Issue Detail: Staff is seeking Council approval to supplement the current legal services agreement with Liebert Cassidy Whitmore, in an amount not to exceed $1,695,000, for expenses associated with the litigation entitled Jonathan Burgess v. City of Sacramento, et al. This amendment is necessary because the City’s defense in required significant additional legal services by Liebert Cassidy Whitmore. A multi-week trial concluded in November resulting in a full defense verdict.
The City Attorney’s Office maintains a pre-approved list of qualified outside counsel available to assist with litigation matters. Liebert Cassidy Whitmore was selected as the most qualified firm to strongly represent and defend the City’s interest in this lawsuit.
It is recommended that the Council authorize the City Attorney to amend the contract for legal services with Liebert Cassidy Whitmore, for a new amount not to exceed $1,695,000. This amount will provide resources to pay all invoices through the conclusion of the matter, including post-trial motions which are now complete.
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PolicyConsiderations
Policy Considerations: This funding is required to secure and pay for all representation and defense of the City in this litigation.
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EconomicImpacts
Economic Impacts: Not applicable.
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EnvironmentalConsiderations
Environmental Considerations: Contracting for outside legal services is an administrative activity that will not result in direct or indirect physical changes in the environment and is not a project subject to California Enviornmental Quality Act (CEQA) review. CEQA Guidelines section 15378 (b) (5).
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Sustainability
Sustainability: Not applicable.
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Commission/Committee Action
Commission/Committee Action: Not applicable.
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RationaleforRecommendation
Rationale for Recommendation: Battalion Chief Jonathan Burgess filed a lawsuit against the City alleging causes of action for racial discrimination and retaliation under the California Fair Employment and Housing Act. The City required the assistance of outside counsel in defense of the lawsuit. The lawsuit ended in a multi-week trial which resulted in a full defense verdict.
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FinancialConsiderations
Financial Considerations: There will be no impact to the City’s General Fund. The City’s defense is being paid out of the Risk Fund.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Liebert Cassidy Whitmore is an LBE.
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