REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 29, 2022
FROM
TOM BUNTON, County Counsel
SUBJECT
Title
Consent to Representation and Waiver of Potential Conflict of Interest
End
RECOMMENDATION(S)
Recommendation
1. Approve a consent to representation and waiver of potential conflict of interest arising out of representation of Base Education, LLC and Duke Energy Corporation by Holland & Hart LLP.
2. Authorize the County Counsel or a Principal Assistant County Counsel to execute the Waivers of Conflict with Holland & Hart LLP.
(Presenter: Tom Bunton, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item will not result in the use of additional Discretionary General Funding (Net County Cost). The costs for the identified legal services are included in the Administrative Services Agreement with Voya Financial.
BACKGROUND INFORMATION
Voya Financial (Voya) performs all Administrative Services for the County's retirement plans (401(a), 457(b), 401(k) and the Voluntary Employees' Beneficiary Association (VEBA). Part of Voya's duties as the County's Administrative Services provider is to make sure the County's plan documents are up to date. To assist in this endeavor, Voya wants to hire an outside law firm, Holland & Hart LLP (Holland & Hart). Holland & Hart is on a list of firms that Voya is personally familiar with that review and, if necessary, revise Retirement Plan documents. Holland & Hart has identified two conflicts of interest, that are listed in the Conflict Waivers. The cases where Holland & Hart represents parties adverse to the County do not involve Retirement Plan advice and are handled by attorneys in a separate division of the firm. Holland & Hart has experience in rev...
Click here for full text