Board reports closed-session approvals: outside counsel retentions and proposed settlements

County counsel reported the results of a closed session under Government Code section 54956.9, saying the board authorized outside counsel and approved or delegated settlement authority in several pending legal matters.

The board authorized the county to retain the law firm Myers Nave to assist in litigation connected with a recent airport fire and approved hourly rates ranging from $650 an hour for senior principals to $240 an hour for paralegals, counsel said. The item was reported as approved on a vote of "4 to 0 with Supervisor absent," counsel said.

Counsel reported the board gave tentative approval of a mediator’s proposal and delegated limited settlement authority to county counsel to conclude ongoing settlement negotiations in Vedanta Society of Southern California v. OC Parks District; that report was described as approved on a vote of "4 to 0 with [a] Supervisor absent."

A proposed $497,500 settlement in Peter Cunningham v. County of Orange et al. — a case described in the readout as involving a hazardous condition on a county road that contributed to a single-car accident and resulting injuries — was reported approved on a vote of "4 to 0 with Supervisor absent." Counsel said the settlement remains subject to final approval by others and that copies of the agreement will be made available to the Office of the CEO Risk Management to any person who inquires.

On the matter of Kelly Beavers v. County of Orange, counsel reported the board delegated limited settlement authority to CEO Risk Management on a vote of 3 to 1, with Vice Chair Chaffee, Supervisor Foley and Supervisor Sarmiento voting to approve and Chairman Wagner voting no; the report said Supervisor Doe was absent. Counsel described the claim as seeking damages for personal injuries, including a torn rotator cuff and alleged loss of consortium tied to a trip-and-fall on a county sidewalk.

Finally, counsel said the board authorized retention of the law firm Kiesel, Young & Logan to assist in settlement discussions arising from the BKK landfill matter and approved hourly rates for lead attorneys reported in the readout; that action was reported as approved on a vote of "4 to 0 with Supervisor Doe absent." Counsel said no other reportable actions were taken in closed session that day.

The board’s readout was delivered at the end of the meeting after the public-comment period. Counsel identified lead attorneys and hourly rates for the retained firms and said the settlement approvals are subject to any additional required sign-offs and availability of final documents.

Copies of finalized settlement agreements will be available from the Office of the CEO Risk Management to any person who requests them, counsel said.