COUNTY COUNSEL

2019 ACCOMPLISHMENTS

• In County of Orange, et al. v. California Department of Health Services, et al., County Counsel won a summary adjudication motion to enjoin the operation of a mobile drug needle exchange program in Orange County, which had been improperly approved by the State of California without any environmental review under the California Environmental Quality Act (CEQA). The ruling requires the state to conduct a CEQA analysis for all future authorizations in Orange County. • In People for the Ethical Operation of Prosecutors and Law Enforcement (P.E.O.P.L.E.), et al. v. Rackauckas, et al., plaintiffs alleged multiple constitutional/civil rights violations arising out of the alleged improper use of confidential informants by the Orange County Sheriff’s Department and the District Attorney. In February, the court sustained County Counsel’s demurrer to plaintiffs’ complaint in this case, determining that plaintiffs lack taxpayer standing and resulting in a judgment of dismissal.

• County Counsel attorneys also assisted with bringing two major, highly publicized homeless litigation matters, Orange County Catholic Worker and Ramirez, to a successful settlement, whereby the County is empowered to provide persons experiencing homelessness with services and shelter, while at the same time, remaining able to enforce anti-loitering and anti-camping laws in all County-owned parks and facilities. • This year was also extraordinary for the County Counsel Human Resources team. County Counsel attorneys successfully represented multiple County departments in employment disputes, including the successful representation of John Wayne Airport in a jury trial, which posed substantial civil liability. In this wrongful termination case, County Counsel not only prevailed, protecting the County from a $1.5 million damages claim, but also recovered the County’s costs and fees. The most significant accomplishment, however, was the successful representation of the County at the bargaining table. This year, the County Counsel HR team served as the Chief Labor Negotiator for the County. This was a new and different role for County Counsel. Historically we have served as legal counsel to HR’s negotiation team or the County has paid outside firms to provide this service. With County Counsel deputies as the chief negotiators at the bargaining table we have, to date, successfully negotiated six out of seven labor contracts. This saved the County and its taxpayers significant outside counsel fees.

• The County Counsel Development and Facilities team’s 2019 accomplishments include the negotiation and drafting of agreements involving water rights between multiple parties that resulted in the reopening of Irvine Lake for recreational fishing, a master ground lease to a nonprofit for the purpose of constructing a new landmark County homeless shelter at Yale Street, and a settlement agreement with PFMG Solar, whereby the County received $700,000 in exchange for the release of a contractual guaranty. County Counsel attorneys continued to provide guidance on numerous environmental issues which included assisting in the successful certification of the John Wayne Airport General Aviation Improvement Plan Environmental Impact Report and taking the lead in drafting an ordinance for the adoption of the Local Agency Management Program for Onsite Wastewater Treatment Systems. • County Counsel attorneys were instrumental in the creation and implementation of the Orange County Housing Finance Trust, a joint powers agency established to be a financial clearinghouse for permanent supportive housing throughout Orange County. County Counsel attorneys successfully drafted the joint powers authority agreement, coordinated with member cities about Trust membership, and provided assistance to board members on the nascent organization’s governing body. • During 2019, the County Counsel LPS/Probate Team filed over 350 new petitions for the appointment of a conservator and filed over 600 additional petitions for the reappointment of a conservator. Our team, on behalf of vulnerable adults, also successfully obtained monetary judgments from financial abusers of over $1.7 million and the return of real property valued at about $2.6 million.

2020 GOALS

• In 2020, County Counsel will continue providing outstanding legal advice and litigation service. The County’s success is our mission. We expect to be doing more with less as the County faces budgetary challenges.