Until yesterday, there was no City Council meeting scheduled for December 14, 2021, but RPA City Council members wanted to make sure they got yet another condemnation of me on the record before lame duck City Attorney Teresa Stricker finally ends her long good bye.

E-1.

ADOPT a resolution commending outgoing city attorney Teresa Stricker for her service and professionalism; and renouncing and condemning statements about the city attorney made by Mayor Tom Butt - Councilmembers Claudia Jimenez (510-620-6565), Eduardo Martinez (510-620-6593), and Melvin Willis (510-412-2050). This item was continued from the December 7, 2021, meeting.

Also on the December 14 Agenda are three legal service agreements, two with Burke Williams & Sorensen LLP and one with Meyers Nave.

These contracts perpetuate a continuing conspiracy by the city manager and city attorney to subvert and circumvent the law in contracting for legal services. In both the Charter and the Richmond Municipal Code, there is a prohibition on contracts over $10,000 without City Council approval.

Article II, Sec. 7. (Amended at election May 11, 1965; November 6, 1984; and November 2, 2004) No ordinance shall be passed, no officer appointed or removed, no contract shall be awarded and no obligation incurred by the City in excess of one thousand dollars without the affirmative vote of at least five members of the Council provided that, the Council may by ordinance authorize the City Manager to enter into contracts and incur obligations on behalf of the City not in excess of ten thousand dollars. (Added at the election November 2, 2004) Effective with the November 2008 election, no ordinance shall be passed, no officer appointed or removed, no contract shall be awarded and no obligation incurred by the City in excess of one thousand dollars without the affirmative vote of at least four members of the Council provided that, the Council may by ordinance authorize the City Manager to enter into contracts and incur obligations on behalf of the City not in excess of ten thousand dollars.

Article III-A, Section 2(f) Administrative Responsibility. The Mayor shall sign all contracts on behalf of the City which are acted upon and approved by the City Council unless otherwise delegated by the City Council to a City official or employee, and shall exercise such other powers and duties as provided in this charter and ordinances and resolutions of the City.

By ordinance (RMC 2.52.326 and 2.52.344) , the City Council modified the Charter’s $1,000 limit and authorized the city manager to enter into contracts for up to $10,000.

What the city manager and city attorney do to circumvent this requirement is to piecemeal contracts, with the city manager executing the first $10,000 without City Council approval and then eventually bringing the balance to the City Council for approval in public on the record. Piecemealing government actions to avoid public scrutiny is at best frowned on, and at worst, illegal, such as for CEQA reviews.

Not only are the legal service agreements piecemealed, they are intentionally obfuscated so that the public does not know what the services are for or how they add up. All of these agreements are for contract attorneys, one from Southern California, to sue law abiding residents of Richmond at a cost to the City ranging from $365 to $495 per hour! I have organized them into tables that better explain what is going on.

Burk Williams & Sorensen
Maximum Fee $365/hour

 Meyers Nave
Maximum Fee $495/hour