Title
Authorize and direct the Auditor-Controller to County Counsel employees for all litigation related expenses, including lodging and travel expenses, incurred during trials of Aquino v. County of Monterey, CASE NO. 14-CV-03387 EJD, and Simonelli v. County of Monterey, Case No.: 5:17-cv-01448-SVK, upon authorization by County Counsel that they were necessary litigation expenses. (ADDED VIA ADDENDA)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors authorize and direct the Auditor-Controller to reimburse County Counsel employees for all litigation related expenses, including lodging and travel expenses, incurred during trials of Aquino v. County of Monterey, CASE NO. 14-CV-03387 EJD, and Simonelli v. County of Monterey, Case No.: 5:17-cv-01448-SVK, upon authorization by County Counsel that they were necessary litigation expenses.
SUMMARY:
Several Deputy County Counsels were trial counsel in the recent cases of Aquino v. County of Monterey and Simonelli v. County of Monterey. These two trials were held in U.S. District Court, Northern District of California, located at 280 South First Street, San Jose, California. The Aquino trial took place between July 31, 2018 and August 13, 2018 and the Simonelli trial between August 13, 2018 and August 15, 2018. The Auditor-Controller has taken the position that reimbursement for any lodging in conflict with the Auditor-Controller's travel policy must be approved by this Board. Accordingly, County Counsel seeks authorization for these expenditures. Specifically, trial counsel was unable to find a hotel within walking distance of the courthouse that fell within the approved rate of the Auditor-Controller.
DISCUSSION:
Several Deputy County Counsels recently were in trial on two cases in federal court in San Jose. Because of the hectic nature of trial, including often having to be at Court from 8:00 a.m. to 6:00 p.m., or later, and then meeting with witnesses thereafter to prepare for the next ...
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