Friday, February 01, 2008

City’s 2007 Legal Expenditures: Legal Consultants $331,511.60 & City’s Legal Department $307,497

ABSTRACT: For the year 2007, the City’s total legal expenditures were $639,008.60. Legal expenditures for legal consultants ($331,511.60) were greater than the City’s own legal department ($307,497). A listing of checks by Check Number, Check Date, Vendor Name, Net Amount and Account Name is reproduced. Total legal expenses of $639,008.60 represent 6% of the total City FY 2006/07 expenditures of $11,652,085. COMMENTS are made, including the fact that the City’s total legal expenses amounted to more than the Community Planning and Building Department ($593,065), Capital Improvement Program ($515,297) and Forest, Parks and Beach Department ($444,991) for FY 2006/07.

TOTAL LEGAL EXPENDITURES 2007: $639,008.60

Herewith is a list of expenditure items from the City's 2007 Check Registers, in reverse chronological order i.e. December 2007 to January 2007.

Carmel-by-the-Sea
December 2007 Check Register

(Includes checks dated 11/27/07-11/30/07)
114318 11/27/07 KENNEDY, ARCHER & HARRAY $ 491.20 LEGAL PROFESSIONAL SERVICES

114323 11/27/07 LIEBERT CASSIDY WHITMORE $ 243.00 LEGAL PROFESSIONAL SERVICES

Carmel-by-the-Sea
November 2007 Check Register

Includes checks dated 10/30/07)
114144 10/30/07 JOEL FRANKLIN $ 12,800.00 FLANDERS LAWSUIT LEGAL EXPENSES

114139 10/30/07 WILLIAM B. CONNERS $ 160.00 FLANDERS LAWSUIT LEGAL EXPENSES

Carmel-by-the-Sea
October 2007 Check Register

(Includes checks dated 9/25/07)
113982 10/9/07 BRANDT-HAWLEY LAW GROUP $ 160,000.00 FLANDERS LAWSUIT SETTLEMENT PAYMENT

114056 10/16/07 KENNEDY, ARCHER & HARRAY $ 80.00 LEGAL SERVICES

114061 10/16/07 LIEBERT CASSIDY WHITMORE $ 297.00 EMPLOYMENT RELATED LEGAL EXPENSES

113901 9/25/07 WILLIAM B. CONNERS $ 620.00 LEGAL EXPENSES-FLANDERS LITIGATION

Carmel-by-the-Sea
August 2007 Check Register

(Includes Checks Dated 7/31/07)
113532 7/31/07 WILLIAM B. CONNERS $ 1,400.00 LEGAL EXPENSES-FLANDERS LITIGATION
113717 8/29/07 WILLIAM B. CONNERS $ 480.00 LEGAL EXPENSES-FLANDERS LITIGATION
----Vendor Total---- $ 1,880.00

Carmel-by-the-Sea
July 2007 Check Register

Includes Checks Dated 6/26/07)
113419 7/10/07 PEBBLE BEACH COMPANY $ 125,000.00 STORMWATER ISSUE LEGAL EXPENSES-FINAL PAYMENT

Carmel-by-the-Sea
May 2007 Check Register

(Includes Checks Dated 4/25/07)
113026 5/15/07 WILLIAM B. CONNERS $ 5,040.00 LEGAL SVCS-FLANDERS LITIGATION

Carmel-by-the-Sea
April 2007 Check Register

(Includes Checks Dated 3/27/07)
112817 4/17/07 KENNEDY, ARCHER & HARRAY $ 60.00 LEGAL SERVICES

112811 4/17/07 WILLIAM B. CONNERS $ 2,720.00 LEGAL SVCS-FLANDERS LAWSUIT AND OTHER LEGAL

Carmel-by-the-Sea
March 2007 Check Register

(Includes Checks Dated 2/27/07)
112485 2/27/07 KENNEDY, ARCHER & HARRAY $ 980.00 LEGAL SERVICES
112652 3/20/07 KENNEDY, ARCHER & HARRAY $ 260.00 LEGAL SERVICES
----Vendor Total---- $ 1,240.00

112524 3/6/07 LIEBERT CASSIDY WHITMORE $ 416.00 LEGAL SERVICES

112637 3/20/07 WILLIAM B. CONNERS $ 800.00 LEGAL SERVICES-FLANDERS LAWSUIT

Carmel-by-the-Sea
February 2007 Check Register

(Includes Checks Dated 1/30/07)
112355 2/13/07 WILLIAM B. CONNERS $12,040.00 LEGAL SERVICES-FLANDERS LAWSUIT

Carmel-by-the-Sea
January 2007 Check Register

Includes Checks Dated 12/22/06 - 12/31/06)
112207 1/23/07 LIEBERT CASSIDY WHITMORE $ 3,184.40 LEGAL SERVICES

112165 1/16/07 WILLIAM B. CONNERS $ 4,440.00 LEGAL SERVICES-FLANDERS LAWSUIT
(Source: Carmel-by-the-Sea California - Official City Website, http://www.ci.carmel.ca.us/)

Herewith is a reproduction of legal expenses from the City's BUDGET.

CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
ADOPTED BUDGET
FISCAL YEARS
2007/08 THROUGH 2009/10


2007/08 Budget Summary
Department/Division: Legal
Salary/Benefits: $ 105,570
Materials/Services: $ 202,875
Total: $ 308,445

Revised 06/07
$ 103,674 Salaries/Benefits
$ 202,875 Materials/Services
$ 306,549 TOTAL

Estimate for 2007: $307,497
(Source: CITY OF CARMEL-BY-THE-SEA CALIFORNIA ADOPTED BUDGET FISCAL YEARS 2007/08 THROUGH 2009/10, http://www.ci.carmel.ca.us/)

COMMENTS:
Trial Lawyer Stan L. Linker of the law firm KENNEDY, ARCHER & HARRAY is representing the Defendant, the City of Carmel-by-the-Sea, in Case M77046, Beutel, Noel vs. City of Carmel-By-The-Sea. Carmel-by-the-Sea resident Noel Beutel originally filed her complaint in December 2005. There have been four Settlement Conference and Jury Trial dates scheduled, the latest dates of April 18, 2008 and April, 28, 2008 for Settlement Conference and Jury Trial, respectively.

For context, the City’s total legal expenses in 2007 amounted to more than the Community Planning and Building Department budget ($593,065), Capital Improvement Program ($515,297) and Forest, Parks and Beach Department budget ($444,991) for FY 2006/07.

The context of City legal expenditures in 2007 being greater than the Community Planning and Building Department budget, Capital Improvement Program and Forest, Parks and Beach Department budget for FY 2006/07 informs Carmelites about the priorities of the City Council. Moreover, the $250,000 legal expense to the Pebble Beach Company ($125,000 FY 2006/07 & $125,000 FY 2007/08) could have been better spent implementing the storm water mandate and the expenses to attorneys involved in the Flanders Foundation v. City of Carmel-by-the-Sea lawsuit could have been better spent on the rehabilitation and renovation of the National Register of Historic Places structure itself.

1 comment:

Anonymous said...

I was astonished when I read the legal bills for the city were more than the expenses for city departments of Planning & Building and Forest and Beach. Your comparision is a perfect example of our litigious society in action. And the city is always right until it is proven wrong in a court of law. Carmel is the perfect example of a policy of wasting precious taxpayer dollars which could be much better spent elsewhere.