Title
Approval of Supplemental Legal Services Agreement (Contract No. 2024-0177) for Jonathan Burgess v. City of Sacramento Litigation
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FileID
File ID: 2026-00003
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Location
Location: Citywide
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Recommendation
Recommendation: Pass a Motion authorizing the City Attorney or designee to execute Supplemental Contract No. 4 to City Contract No. 2024-0177 with Liebert Cassidy Whitmore in an amount not to exceed $500,000, for a new total not-to-exceed amount of $1,545,000.
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Contact
Contact: David Gibson, Senior Deputy City Attorney, (916) 808-5346, dgibson@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 4 LSA _ LCW Burgess
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Description/Analysis
IssueDetail
Issue Detail: The City Attorney’s Office is seeking Council approval to supplement the current legal services agreement with Liebert Cassidy Whitmore, in an amount not to exceed $1,545,000, for final and full expenses associated with the litigation entitled Jonathan Burgess v. City of Sacramento. This amendment is necessary because the City’s defense in this employment litigation required significant legal services by Liebert Cassidy Whitmore. The case went to trial and obtained a defense verdict. It is recommended that the Council authorize the City Attorney amend the contract for legal services with Liebert Cassidy Whitmore for a new amount not to exceed $1,545,000.00.
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PolicyConsiderations
Policy Considerations: This funding is required to pay the full and final billing for representation and defense of the City in this litigation.
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EconomicImpacts
Economic Impacts: None.
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 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: Current Fire Department Battalion Chief Jon Burgess filed a lawsuit against the City alleging causes of action under California’s Fair Employment and Housing Act for race discrimination, retaliation, and failure to prevent discrimination/retaliation. The City required the assistance of outside counsel in defense of the lawsuit. The case was tried in Sacramento County Superior Court, and the City obtained a defense verdict. The requested increase in funding will pay the final billings of outside counsel.
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FinancialConsiderations
Financial Considerations: There will be no impact to the City’s General Fund (Fund 1001). The City’s defense is being paid out of the Risk Management Fund (Fund 6502).
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Liebert Cassidy Whitmore is an LBE.
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