City attorney reports rising litigation, outside counsel use; flags potential charter amendment cost
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Summary
City Attorney Virginia Gennaro told councilors on May 5 that litigation activity for the city has increased over five years and that the city uses three outside law firms on flat‑rate contracts for tort, civil‑rights and water matters. She said the city has 104 active cases, and that a council direction to consider a charter amendment to change
City Attorney Virginia Gennaro told the Bakersfield City Council on May 5 that litigation against the city has increased over the past five years and that outside counsel usage and costs have risen even as the general‑fund portion of the city attorney’s internal budget shows a small reduction driven by an unfunded assistant city attorney slot.
Gennaro said the city has about 104 active cases, 87 of them in state superior court, and that outside counsel on flat‑rate contracts have successfully defended the city in a number of federal and state matters. She identified the firm Clifford and Brown as handling tort cases (slips, falls, auto accidents), Martenson, Haschak, and Partner (as referenced) for civil‑rights matters, and Duane Morris for water‑related matters before state regulatory bodies; Gennaro said the Duane Morris work is funded by the water enterprise fund.
As background, she told the council that tort litigation caseload and trial calendar length have expanded in recent years and that while the city disposed of cases, the number of matters on the docket has grown. She said the outside counsel contracts approved in late 2024 will run through June 30, 2030, giving cost predictability for planning.
Gennaro also said the council had directed city attorneys to explore a possible charter amendment related to council pay. She said if council pursues such an amendment in 2026, the election cost could run “a minimum of a half a million dollars, if not $600,000,” and recommended council consider setting funds aside if it intends to place the question on the ballot.
Gennaro briefed council on staffing in the city attorney's office: the assistant city attorney slot remains unfunded and the office currently has underfilled or vacant deputy positions; she said she is actively recruiting and may underfill some roles to mentor newer attorneys. She closed by offering to return with updates and said outside counsel had produced successful defense results in recent federal trials and state matters.
