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Sutter LAFCO approves one-year conflict-counsel agreement with Marcia Birch
Summary
Sutter LAFCO voted unanimously to enter a one-year professional services agreement with the law office of Marcia Birch to serve as outside conflict counsel for potential conflicts involving county counsel; commissioners were told the contract carries no additional fiscal impact and includes an extension option.
Sutter Local Agency Formation Commission (LAFCO) commissioners on Nov. 13 approved a one-year professional services agreement with the law office of Marcia Birch to serve as outside conflict counsel when county counsel represents Sutter County interests.
The executive officer introduced the proposed agreement, saying it is intended to cover a potential conflict on an anticipated application from Sutter County related to the Sutter Point project. "When that happens ... county counsel is LAFCO council. It can create a conflict of interest," the executive officer said, explaining why the commission sought backup counsel. He said Birch "has been in the LAFCO arena, for about 15 years," and has served as counsel or backup counsel for multiple LAFCOs in the region.
The executive officer told commissioners the one-year contract will not increase the commission's budget because "monies are already set aside for legal purposes." He also noted the agreement grants the executive officer the option to extend the contract and that the commission would be informed if an extension occurs.
Commissioner Banes moved to approve staff's recommendation; Commissioner Elphick seconded. The commission conducted a roll-call vote and recorded aye votes from Commissioners Banes, Elphick, Munger, Ripley and Ziggenmeier. The motion carried.
Background: the executive officer said he had used the recent CALAFCO annual conference to check references for Birch and said other executive officers provided positive feedback on her work. The record includes prior counsel references (Scott Brown) and notes that Birch's practice is based in the Grass Valley area.
The commission did not record any public comment on the item. The agreement was described on the record as having no additional fiscal impact because legal funds are already budgeted.
What's next: the contract is a one-year agreement with an extension option; the executive officer will notify the commission if an extension is exercised.
