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HomeMy WebLinkAboutLiebert Cassidy Whitmore 2015-12-15 LIFBhRT CASSIDY WHITMORE 135MewSTRM,7TH1•tDM Seri FKANcm-o,CAuFoRwMG5 T.415.512.31100 R 4154ML03% Idurbonnemolcwleo xom December 15,2015 CONFIDENTIAL AND ATTORNEY-CLIENT PRIVILEGED VIA E-MAIL ONLY Chief John Bartlett Ukiah Valley Fire District 1500 South State Street Ukiah,CA 95482 chief6400@att.net David Rapport Rapport and Marston 405 W. Perkins Street Ukiah,CA 95482 drapport@pacbell.net Re: DOL Wage and Hour Investigation/Rule 3-310 Disclosure Dear Clients: Since July 2015, Liebert Cassidy Whitmore has represented the Ukiah Valley Fire District in connection with the Department of Labor's wage and hour investigation of the District's volunteer stipend program. As you know, Liebert Cassidy Whitmore also currently represents and/or has represented the City of Ukiah in other matters,unrelated to the DOL investigation of the District. We have not and do not represent the City with respect to the DOL investigation. On or around November 24,2015,Liebert Cassidy Whitmore learned from Melody Harris,Director of Human Resources and Risk Management for the City of Ukiah,that the DOL had contacted the City in connection with the DOL investigation of the District. According'to Ms. Harris,the DOL wanted to discuss its investigatory findings with the City,and would also be investigating whether the City and the District jointly employed the stipend volunteers pursuant to 29 C.F.R. §790.2. Prior to November 24,2015,the DOL had not mentioned the City having any role in its investigation of the District's volunteer stipend program and had not broached the subject of joint employment with the District. Our firm represents clients within the confines of the law and ethical restrictions. This means that we will do everything within the bounds of ethics and the law necessary to obtain a Los Angeles I San Francisco I Fresno I San Diego I Sacramento www.lcwtegal.com Re: DOL Wage and Hour Investigation/Rule 3 310 Disclosure December 15,2015 Page 2 favorable result or otherwise further your legal interests;however,we cannot guarantee the successful conclusion of any legal matter. Ethical rules prohibit an attorney from representing two or more clients without their informed, written consent where there is an actual or potential conflict of interest between them. At this time,the District and the City wish to pursue a joint legal strategy to resolve the DOL's investigation of the District's volunteer stipend program. While continuing to represent the District, Liebert Cassidy Whitmore is prepared to work jointly with the City in furtherance of resolving the DOL investigation and we have not identified any conflict of interest with respect to our current representation of the District and our current or past representation of the City. Our present assessment is that the interests of your respective agencies in connection with the DOL investigation are not adverse to each other. With this understanding,we may, in the future, determine that the interests and objectives of each client individually on certain issues related to the DOL's investigation are inconsistent with the interests and objectives of the other. Should an actual or potential conflict arise,we will advise both of you accordingly in writing. If an actual conflict should arise,one or both parties may be required to retain new counsel. In the event the City and/or the District retain(s)new counsel, we will cooperate with your new counsel in a manner consistent with our ethical duties. In order for Liebert Cassidy Whitmore to work jointly with the City and District in resolving the DOL investigation,the City and District must indicate its understanding of the potential conflict of interest issues described above. Rule 3-310 of the California Rules of Professional Conduct provides in part: (A) For purposes of this rule: (1) "Disclosure"means informing the client or former client of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the client or former client; (2) "Informed written consent"means the client's or former client's written agreement to the representation following written disclosure; (3) "Written"means any writing as defined in Evidence Code section 250. 1...I (C) A member shall not,without the informed written consent of each client: (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or Re: DOL Wage and Hour Investigation/Rule 3-320 Disclosure December 15,2015 Page 3 (2) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. Accordingly,we request that you sign and return to us a copy of this letter acknowledging that you have been advised of Rule 3-3 10 and the potential for conflicts associated with the respective interests of the City and the District;that you have been advised of our past and/or present relationship with each agency; and that you consent to Liebert Cassidy Whitmore's continuing representation of the District and the City given the above. By signing and returning to us the agreement and consent set forth at the end of this letter,you agree and consent to such arrangement and waive any conflicts regarding that arrangement. Should you have any questions or concerns,please do not hesitate to contact me. Very truly yours, LIENCASSIDY WHITMORE t Lisa S. Charbonneau`- — CONSENT TO REPRESENTATION Liebert Cassidy Whitmore(LCW)has explained to the undersigned agencies that there could exist potential conflicting interests pertaining to LCW's continued representation of the Ukiah Valley Fire District in connection with the Department of Labor's investigation of the District's volunteer stipend program, and LCW's current and/or previous representation of the City of Ukiah in matters unrelated to the DOL's investigation. LCW has informed the undersigned agencies of the possible consequences of these conflicts. We also understand that we have the right to and have been encouraged to consult independent counsel before signing this consent. The undersigned agencies nevertheless consent to Liebert Cassidy Whitmore's continued representation of Ukiah Valley Fire District and the City of Ukiah to the extent described above and give approval to such representation. The undersigned agencies agree not to seek to disqualify Liebert Cassidy Whitmore, at any time, notwithstanding any adversity that may develop between the undersigned agencies. Re: DOL Wage and Hour Invesdgadon/Rule 3310 Disclosure December 15, 2015 Page 4 This consent to representation may be executed in several counterparts and shall be deemed legally effective as of the date of the last signature below. Each party shall receive a signed copy of this consent to representation. FOR THE UKIAH VALLEY FIRE DISTRICT Dated: By: Chief John Bartlett Ukiah Valley Fire District FOR THE CITY OF UIUAH Dated: a,t 5-- t _ By: Sage angi City'Managej City of Ukiah