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SolTrans board signals support for extending longtime legal counsel, asks staff to return contract
Summary
After a lengthy discussion about succession and conflicts with county counsel, the board directed staff to pursue an extension of current legal counsel Bernadette's contract (staff presented options up to Dec. 2029) and asked for contract language to be brought back for approval.
SolTrans staff returned an action item on legal services after the board’s one-year contract with current counsel Bernadette approached expiry on Nov. 30. Christina told the board staff needed direction about whether to solicit quotes or extend Bernadette’s contract to avoid a gap in counsel.
Bernadette addressed the board about ethical obligations for a transition and the historical context of claims administration and county support. She said county counsel is not able to assume SolTrans legal work while conflicts exist between SDA and SolTrans and because a backfill has not been provided, and she indicated willingness to continue serving if the board desires. "I am ethically obligated to ensure a proper handoff to somebody else," Bernadette said, and offered to identify potential successors if she cannot continue.
Board members praised Bernadette’s institutional knowledge and urged a multi‑year extension rather than an open solicitation. Several members suggested aligning any extension with the county claims-administration arrangement through June 30, 2028, or choosing a three-year extension to Dec. 2029 for continuity. The board voted to direct staff to return a contract reflecting the board’s direction; a motion advancing the staff recommendation (three-year extension to December 2029 was discussed) passed unanimously during the action item vote.
Board members asked staff to return specific contract language and contingencies, and asked counsel to document an orderly transition plan and file-transfer procedure should a new counsel be hired.
Next steps: Staff will draft contract extension language for board consideration, document file-transfer and claims-administration coverage, and coordinate with county counsel on backup arrangements.
