Bergeson Blocks Plan to Pay Attorney Fees

A plan for the county to pay attorneys as much as $295 an hour to defend two supervisors and the auditor-controller against misconduct charges failed to win approval Monday, after Supervisor Marian Bergeson complained that the proposal lacked adequate provisions to control costs.

Bergeson voted against the proposal during a special Board of Supervisors meeting, while Supervisors Jim Silva and Don Saltarelli voted for it.

Supervisors William G. Steiner and Roger R. Stanton--who along with Auditor-Controller Steve E. Lewis were accused of civil misconduct charges stemming from the county bankruptcy--could not vote on the matter.

Because the plan required the support of the three remaining supervisors, Bergeson’s opposition effectively killed the item for now. She suggested that the board reconsider the issue in two weeks, once measures to cap legal costs are considered.

The unexpected roadblock cropped up three months after Bergeson, Silva and Saltarelli voted to pay their colleagues’ defense costs. Following that vote, the board asked Chief Executive Officer Jan Mittermeier to come back with a proposal that would allow the county to keep a rein on the legal expenses.

Under the proposal rejected Monday, the attorneys would be paid no more than $295 an hour, which the county said is a lower rate than that they normally charge.

The agreement also sought to keep costs down by requiring the half a dozen attorneys to break down their charges into tenths of hours. If more than one attorney attended the same conference or hearing, only one would be paid.

Mittermeier said the agreement allows for aggressive monitoring of legal bills while allowing attorneys “to do what they need to do with their clients.”

But Bergeson believes the plan doesn’t go far enough and that county officials should consider contracting with a firm that audits legal bills and placing a cap on total defense costs, according to her aide, Dave Kiff.

Earlier this month, the board imposed a $300,000 cap on the legal fees it would pay for former Budget Director Ronald S. Rubino, who faces felony charges related to the bankruptcy. Rubino can seek additional funds from the board if needed.

Bergeson would also like the county to consider adopting a blanket hourly rate cap lower than $295 that would apply to all attorneys representing the three officials, Kiff said.

Despite Monday’s vote, Steiner expressed confidence that the board will eventually agree on a cost-limiting plan.

“I don’t think there is any lack of desire on the part of board members to defend us. It’s simply a matter of controlling costs,” Steiner said. “I feel ultimately that this board will follow through on its commitment.”

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In other board action Monday, supervisors met for two hours in closed session to conduct a six-month performance evaluation of Mittermeier.

The CEO has been criticized by some county officials for what they see as her heavy-handed management style and micro-management of some county departments.

Supervisors did not report the results of the performance evaluation but did reiterate their support for Mittermeier.

Saltarelli said the session went “wonderfully” and that “the board has great confidence in her.”

Steiner was also positive. “I feel the board reaffirmed its confidence in Jan Mittermeier,” he said. “Obviously, we have extraordinary expectations for her and are focused on getting out of bankruptcy. I think any misunderstandings were cleared up. Certainly, we depend on good communications. We all pledged to keep” lines of communication open.