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County Counsel highlights rising litigation, public‑records workload and staffing pressures
Summary
County Counsel Karen Schwab and Clayton Cook told supervisors the office is handling increasing litigation, PRA requests and state mandates; office reported settlement savings but also recruiting and space constraints.
Karen Schwab, County Counsel, and Clayton Cook, assistant county counsel, presented their 2025–26 budget to the board and reviewed the office’s recent workload and emerging challenges. Schwab said the office handled roughly 85 open litigation files in the current fiscal year spanning property, employment, CEQA and other claims and that settlements this fiscal year were “roughly $700,000 under the board provided authority.”
The office listed ongoing representation for seven Brown Act bodies and said staff time is heavily devoted to attending hearings, drafting contracts and negotiating agreements. Schwab and Cook described several large, county‑level transactions the office supported, including agreements for Palisades at Tahoe (a development agreement the counsel said could provide annual net fiscal benefits if built out), sewer agreements and contracts tied to Placer Parkway.
Cook flagged a sharp increase in Public Records Act (PRA) requests and complexity; he said some PRAs have tens of thousands of documents that require attorney review and redaction and that PRAs can sideline attorneys for multi‑day efforts. The office noted that legal limits on charging for PRAs (state law restricts charging for staff time) constrain options and that the issue is under discussion with legislators and CSAC.
Staffing and space pressures were recurring themes. Schwab said recruiting experienced attorneys has been difficult; the office changed hiring strategy to select strong fundamentals and train for specific skills. That produced several new hires but also required more senior attorneys to mentor new staff. She described losses of conference rooms due to space shortages and a need to find more workspace.
The office reported performance metrics showing increases in hours spent on PRAs, advising the board and other bodies, and litigation hours. Schwab said there were six new housing laws in 2024 affecting county workload and that the office continues to implement state mandates including new court processes for behavioral health (C.A.R.E.). She requested no supplemental budget items for 2025–26 but noted six vacancies existed as the budget was prepared.
Board members responded with thanks for the office’s work and asked about state advocacy on PRA reforms; Schwab said CSAC and the League of Cities have been engaged but no pending legislation would ease current limits.
The office’s presentation noted the opioid litigation proceeds and other state and grant revenue the county is receiving; Schwab highlighted roughly $6.7 million received in the current fiscal year from opioid litigation proceeds being administered by other departments.
