NOTICE OF TEMPORARY PROCEDURES FOR BOARD OF …

MODOC COUNTY BOARD OF SUPERVISORS

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Ned Coe, Supervisor District I

Patricia Cullins, Supervisor District II

Kathie Rhoads, Supervisor District III

Elizabeth Cavasso, Supervisor District IV

Geri Byrne, Supervisor District V

Elizabeth Cavasso

Chairperson

Chester Robertson

County Administrative Officer

Board of Supervisors Room

204 S. Court St., Room # 203, Alturas, CA 90101

(530) 233-6201

http://www.co.modoc.ca.us/

SPECIAL MEETING

AGENDA FOR TUESDAY, APRIL 7, 2020

1:00 PM

NOTICE OF TEMPORARY PROCEDURES FOR BOARD OF SUPERVISORS MEETINGS

Pursuant to California Governor Gavin Newsom’s Executive Order N-29-20 issued on March 17, 2020,

relating to the convening of public meetings in response to the COVID-19 pandemic, the County of

Modoc will be enacting social distancing procedures for the April 7, 2020 Board of Supervisors Special

Meeting to members of the public and County staff. Additionally, members of the Board of Supervisors

are allowed to attend the meeting via teleconference and to participate in the meeting to the same extent

as if they were present.

To protect the public and the County of Modoc staff and Board of Supervisors Members,

members of the public are encouraged to participate in Board meetings in the following ways:

PUBLIC COMMENT

The Board of Supervisors will be accepting alternate methods of public comment, as well as public comment on specific

agenda items in the following ways:

Audio Broadcasting of Meeting

The public can listen to the audio broadcast of the Board of Supervisors meetings by visiting the following

website:http://modoccountyca.iqm2.com/Citizens/default.aspx

Public Comment via E-Mail Public Comment can be submitted via email to the Clerk of the Board at [email protected]

All comments must be received by 5:00 p.m. on Monday, April 6, 2020 to be entered into the record. The e-mail

must identify the agenda item the public member wishes to comment on and the content must remain within the

three-minute time limit.

Public Comment via Phone Public Comment will be accepted for each item via telephone by dialing (530) 708-7059 or (530) 949-7018.

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SPECIAL MEETING

AGENDA FOR TUESDAY, APRIL 7, 2020

1:00 PM

1:00 PM Call to Order

Pledge of Allegiance

Moment of Prayer

Public Comment: This is the time set aside for citizens to address the Board on matters on the consent

agenda and matters not otherwise on the agenda. Comments should be limited to matters within the

jurisdiction of the Board. If your comment concerns an item shown on the agenda please address

the Board after that item is open for public comment. By law, the Board cannot take action on matters

that are not on the agenda. Unless otherwise announced, the Chair reserves the right to limit the

duration of each speaker to three minutes. Speaker may not cede their time.

Agenda items with times listed will be considered at that time all other items will be considered as listed

on the agenda or as deemed necessary by the Chair.

Approval or Additions/Deletions to Agenda

1. Closed Session:

1.a. CLOSED SESSION: Pursuant to CA Government Code 54957; Performance Evaluation; Title:

County Administrative Officer. (Board of Supervisors)

1.b. CLOSED SESSION: Conference with Legal Counsel – Anticipated Litigation under

Government Code Section 54956.9 (b) – Number of cases one (1). (County Counsel)

2. Board of Supervisors Items:

2.a. CONSIDERATION/ACTION: Requesting the appointment of Ms. Sophia Meyer as Interim

District Attorney with the effective date of April 15, 2020 and request waiver of residency

requirement for the Interim District Attorney. (Board of Supervisors)

2.b. CONSIDERATION/ACTION: Requesting approval and authorization for the Chair of the Board

to sign a contract amendment #1 between the County of Modoc and Prentice Long, PC for the

Interim District Attorney Services in the amount of $8,000 monthly retainer, effective April 15,

2020. (Board of Supervisors)

3. Comments/Reports:

a. Public Comments

b. Administrative Services Report

c. Department Head Reports

d. Board of Supervisors Reports

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ADJOURNMENT

Parties with a disability as provided by the American Disabilities Act who require special accommodations or aides in order to participate

in the public meeting should make the request to the Clerk of the Board at least 48 hours prior to the meeting.

If you wish to review the attachments available for each item you can view them at the Clerk of the Board’s Office which is located at 204

S. Court Street, Room #204, Alturas, CA 96101 or you can find them on our website at: http://www.co.modoc.ca.us/departments/board-of-

supervisors/agenda-minutes-audio. You may also contact the Clerk of the Board at (530) 233-6201 or by email at

[email protected]

NOTICE TO PUBLIC: NO PURSES, BACKPACKS, OR BAGS OF ANY KIND ARE PERMITTED IN THE BOARD OF

SUPERVISORS CHAMBERS/MEETING ROOM.

POSTED ON BOARDROOM DOOR, COURTHOUSE BULLETIN BOARD AND THE ALTURAS POST OFFICE, APRIL 6, 2020.

NEXT REGULAR BOARD OF SUPERVISORS MEETING WILL BE 10:00 AM, APRIL 14, 2020.

http://www.co.modoc.ca.us/departments/board-of-supervisors/agenda-minutes-audio

http://www.co.modoc.ca.us/departments/board-of-supervisors/agenda-minutes-audio

mailto:[email protected]


AGENDA REQUEST FORM

Date of Meeting for Which Item is Requested: April 7, 2020

Name of Requesting Party or Entity: Elizabeth Cavasso, Board of Supervisors

Regular or Consent: Regular

Kind of Action Requested: Closed Session

Describe Specific Action Requested or Information to be Discussed:

Pursuant to CA Government Code 54957; Performance Evaluation; Title: County Administrative

Officer.

Budget Affected: No

Clerk’s Instructions:

Certified Copies Needed: No

Minutes Orders Needed: No

Date Submitted: 4/3/2020

Phone Number: (530) 640-0002 Email: [email protected]

Agenda Item Number:1.a

1.a

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AGENDA REQUEST FORM


Name of Requesting Party or Entity: Margaret Long, County Counsel


Kind of Action Requested: Closed Session


Conference with Legal Counsel – Anticipated Litigation under Government Code Section 54956.9

(b) – Number of cases one (1).

Budget Affected: No

Financial Impact:

N/A


Certified Copies Needed: No

Minutes Orders Needed: No



Agenda Item Number:1.b

1.b

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AGENDA REQUEST FORM




Kind of Action Requested: Consideration/Action


Requesting the appointment of Ms. Sophia Meyer as Interim District Attorney with the effective

date of April 15, 2020 and request waiver of residency requirement for the Interim District

Attorney.

To provide interim DA services. Ms. Sophia Meyer is a qualified prosecutor with local experience in

Modoc County court system and meets the qualifications to act in the capacity for this office.

Budget Affected: No


Certified Copies Needed: 2

Minutes Orders Needed: 2



Agenda Item Number:2.a

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AGENDA REQUEST FORM




Kind of Action Requested: Consideration/Action


Requesting approval and authorization for the Chair of the Board to sign a contract amendment

#1 between the County of Modoc and Prentice Long, PC for the Interim District Attorney Services

in the amount of $8,000 monthly retainer, effective April 15, 2020.

Attachments:

--Modoc/PL PC Contract

--Resignation letter from current DA

--Biographies Attorney Panel

The Modoc County District Attorney, Samuel D. Kyllo, has resigned effective April 14, 2020.

The attached Contract with Prentice Long makes provision for Interim District Attorney services. The

services of an Interim District Attorney are required to have continuity of operations of the DA office as

an integral part of the local justice system until a permanent appointee is identified.

In addition the attached contract has provision for Deputy District Attorney services. This will provide

the County with a panel of three experienced prosecutors to have available for the caseload. This which

will ensure proper prosecutorial coverage while the current Assistant District Attorney is out of the

office on approved leave. Further this will provide coverage on any conflict cases that the current

Assistant District Attorney may have to recuse from.

The contract provides for full service flat rate until June 15, 2020. Once the current Assistant DA returns

it is presumed service levels under the contract will be able to reduced from the full service contract. At

that time the contract will change from a flat rate to the hourly rate with Paralegal support at $90 hourly

and Attorney support at $150 hourly.

If this contract is approved it is also requested that the Board appoint Sophia R. Meyer as the Interim

District Attorney and waive the residency requirement.

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CODE TEXT

GOVERNMENT CODE - GOV

TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. )

DIVISION 2. OFFICERS [24000 - 28085] ( Division 2 added by Stats. 1947, Ch. 424. )

PART 3. OTHER OFFICERS [26500 - 27773] ( Part 3 added by Stats. 1947, Ch. 424. )

CHAPTER 1. District Attorney [26500 - 26543] ( Chapter 1 added by Stats. 1947, Ch. 424. )

ARTICLE 3. Restrictions [26540 - 26543] ( Article 3 added by Stats. 1947, Ch. 424. )

26542.

If the office of district attorney is vacant the duties of the office may be temporarily discharged by a

chief deputy district attorney, assistant or deputy district attorney, as the case may be, next in authority

to the district attorney, in office at the time the vacancy occurs, with like authority and subject to the

same obligations and penalties as the district attorney, until the vacancy in the office is filled in the

manner provided by law.

(Added by Stats. 1947, Ch. 73.)

Budget Affected: No


Certified Copies Needed: 3

Minutes Orders Needed: 1



Agenda Item Number:2.b

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AMENDMENT NO. 1

TO CONTRACT BETWEEN THE

COUNTY OF MODOC

AND

PRENTICE LONG, PC

WHEREAS, an agreement was entered into the 1st day of January 2020 by and between the

COUNTY OF MODOC, and Prentice Long, PC, to provide Legal Services; and

WHEREAS, the agreement provides for a termination date of December 30, 2024; and

WHEREAS, the parties wish to:

1. Increase the scope of work to include the functions of the interim District

Attorney for Modoc County; and

2. Increase amount of the contract to cover these additional services

WHEREAS, the agreement provides for amendments;

NOW, THEREFORE, the parties hereto agree to the following:

Exhibit A will be replaced with Amended Exhibit A, which is attached hereto.

1. EXHIBIT A: SCOPE OF WORK to include the following:

District Attorney

Perform and/or Supervise all responsibilities as required of a District Attorney under

Government Code sections 26500 – 26509, including, but not limited to:

Investigation - Works closely with police agencies toward investigation and trial

preparation of civil and criminal prosecutions.

Grand Jury - Presents evidence to the grand jury seeking indictments of criminal

suspects. Additionally, the district attorney serves as legal advisor to the Grand

Jury on criminal and civil matters.

Court Operations – Prosecutes all misdemeanors and felonies before the state's

trial courts. Generally, duties include deciding which cases to prosecute,

presenting preliminary hearings, conducting court and jury trials, responding to

motions, and organizing and executing extraditions.

Parental Child Abduction - Investigates and prosecutes cases involving parental

abductions of children.

Consumer and Environmental Protection - Investigates and prosecutes both civil

and criminal cases of consumer fraud and environmental harm. Consumer

protection duties involve, among other things, false advertising and unlawful

business practices. Environmental violations include, but are not limited to,

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hazardous waste issues, water pollution, fish and game violations, and oil and gas

spills.

Official Misconduct - Investigates and prosecutes public officials in violation of

the law. May also, when necessary, investigate and prosecute cases of police

misconduct within county and city police agencies.

Welfare Fraud - Investigates and prosecutes individuals who fraudulently obtain

public assistance

Administrative Services - Hires staff to provide budget, personnel, and data

services to the office of the district attorney and keep records of criminal cases

tried and other completed work.

2. EXHIBIT B will be Amended as stated in Amended Exhibit B, attached hereto.

IN WITNESS WHEREOF, the parties hereby have caused this Amendment No. 1 to be

executed on this _____ day of ________, 20__.

COUNTY OF MODOC: Prentice Long, PC:

By ___________________________ By ______________________________

Elizabeth Cavasso, Chair Margaret Long, Partner

Board of Supervisors

Date: ________________________ Date: ____________________________

ATTEST:___________________________

Tiffany Martinez, Clerk of the Board

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EXHIBIT B

COMPENSATION

County shall compensate law firm as follows:

County Counsel Services

County shall pay Law Firm a flat, monthly retainer of $10,000 ($120,000 annually) for all

County Counsel services as set forth in Exhibit A, with the exception of District Attorney

Responsibilities.

In consideration for this retainer, Law Firm shall generally bear its own costs and

expenses in providing County Counsel services. County, however, shall reimburse Law Firm for

the following extraordinary expenses advanced on the County's behalf:

Vehicle travel for non-standard trips

Not related to attendance of regular

County Board meetings

Applicable IRS rate per

mile x number of miles

Travel expenses for non-standard trips

not related to attendance of regular

County Board meetings

Reasonable cost of

overnight stays

and meals

Extraordinary postage or overnight

Delivery costs

Actual Cost

District Attorney

County shall pay Law Firm a flat, monthly retainer of $8,000 for all District Attorney

Responsibilities from April 15, 2020 to June 15, 2020. During this Period, partner Sophia R.

Meyer will act as the interim District Attorney, and Patricia Jean Van Ert and Kelsey Walsh will

provide Deputy District Attorney Services as needed.

Starting June 16, 2020, the County will compensate Law Firm on the following hourly rate for

District Attorney Services, as needed:

Attorneys Rate:

$150.00/hour

Paralegals:

$90.00/hour

Litigation Services

If retained by the County for any judicial or administrative proceeding as described in

Exhibit A, Law Firm would charge the County the following rates:

Lead/Trial Attorneys Rate: $200.00/hour

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Other Attorney Rate:

$185.00/hour

Paralegals/Legal Assistant:

$110.00/hour

Separate rates would be charged for litigation matters involving Child Protective Services

matters (''300 cases") and Public Guardian matters. These would be:

Attorneys Rate (blended):

$150.00/hour

Paralegals:

$90.00/hour

For all litigation services, the firm would also include on monthly invoices reimbursement of

necessary costs incurred for the following:

Court filing fees

CourtCall expenses

Attorney services (includes service of process fees, arbitrators, and mediators)

Messenger services

Westlaw research outside of our prepaid service fee

FedEx, On Trac Overnight, or other one-day delivery services

Reasonable travel expenses and parking fees for court appearances, depositions,

arbitrations, mediations, and other necessary appointments

Actual costs for large reproduction projects if performed by an outside service, or $0.10

per page if performed in-house

Any other expense not listed above that becomes necessary for the successful resolution

of a particular litigation matter

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Sophia R. Meyer is an associate attorney in the Redding office of Prentice|Long, PC. Ms. Meyer’s practice includes municipal law, civil litigation, labor and employment law, and business law.

Ms. Meyer currently serves as Deputy County Counsel for Alpine County, Modoc County, and Trinity County and as Deputy City Attorney for the City of Ione. She also is the Deputy County Counsel to Sierra County for dependency matters. She is actively involved in providing clients with a full-range of services and has developed an expertise in a number of areas, including code enforcement, the

Brown Act, law enforcement, labor negotiations, public contracting, public administration, marijuana abatement issues and dependency law.

An Agriculture Business graduate of California State University, Chico Ms. Meyer got her Juris Doctor at Cal Northern School of Law in Chico California. After graduation, she was an assistant district attorney for Modoc County. As a prosecutor, Ms. Meyer handled a variety of misdemeanor and felony cases including child sexual abuse, domestic violence, juvenile offenders, dependency matters and public administration. Her vast knowledge of the law, litigation procedure and trials means that Ms. Meyer can resolve conflict while avoiding traumatic and expensive time in court. When mediation and settlement are not possible, Ms. Meyer is a zealous litigator and will fight for her clients in the courtroom.

Being very familiar with rural Northern California, Ms. Meyer has intimate knowledge of the special issues that rural counties deal with. Ms. Meyer has a working knowledge of rural communities including small town politics as well as knowledge of diverse agricultural issues including land use, zoning and water issues.

Admissions:

Sophia R. Meyer

(http://plelawfirm.com/)

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Bio

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Attorneys

David A. Prentice (http://plelawfirm.com/attorneys/david-a-prentice/)

Margaret E. Long (http://plelawfirm.com/attorneys/margaret-e-long/)

Joseph F. Larmour (http://plelawfirm.com/attorneys/joseph-f-larmour/)

Sophia R. Meyer (http://plelawfirm.com/attorneys/sophia-r-meyer/)

Michelle Nasise (http://plelawfirm.com/attorneys/michelle-nasise/)

P.J. Van Ert (http://plelawfirm.com/attorneys/pj-van-ert/)

– ↑ BACK TO TOP – (http://plelawfirm.com/attorneys/sophia-r-meyer/#)

Prentice|Long, PC is a law firm founded on the principle of service. Our firm is comprised of seasoned

and experienced attorneys with a proven track record of success as advice and litigation counsel.

Fresno

(559) 500-1600

Redding

(530) 691-0800

About Us

Learn More About Us

California State Bar (2011)

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Bio

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114 E. Shaw Ave., Suite 102

Fresno, CA 93710

Tel: (559) 500-1600

FAX: (559) 776-1903

Send Us a Message (http://plelawfirm.com/contact-us/fresno-ca-office/) →

2240 Court Street

Redding, CA 96001

Tel: (530) 691-0800

FAX: (530) 691-0700

Send Us a Message (http://plelawfirm.com/contact-us/redding-ca-office/) →

Fresno, CA

Redding, CA

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© 2019 PRENTICE|LONG, PC (http://plelawfirm.com/attorneys/sophia-r-meyer/#)

STAY CONNECTED WITH US: (http://www.facebook.com/plelawfirm)(http://plelawfirm.com/attorneys/sophia-r-meyer/#)

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P.J. Van Ert is an associate attorney in the Redding office of Prentice, Long PC. She specializes in municipal law, non-profit and civil litigation.

Ms. Van Ert currently serves as Deputy County Counsel for Alpine County, Modoc County, Sierra County and Trinity County. She is actively involved in providing these clients with a full range of services, and has developed an expertise in a number of areas, including code enforcement, labor/employment matters, and public contracting. Ms. Van Ert also acts as general counsel for the Far Northern Regional Center.

Ms. Van Ert’s experience includes over twelve years as a Deputy District Attorney for the County of Shasta. As a local prosecutor, Ms. Van Ert handled over 50 jury trials to verdict with excellent results. Ms. Van Ert specialized in cases involving juveniles, domestic violence, public services fraud (IHSS, Welfare), child sexual assault and molestation, and homicides. Appearing in criminal courts regularly, Ms. Van Ert is well versed in all aspects of the criminal justice system, subpoena duces tecum practices, and diversion. Ms. Van Ert also had considerable experience early in her career with civil insurance litigation defense and insurance coverage cases.

Ms. Van Ert completed her undergraduate degree at the University of California at Davis in Davis, California and her Juris Doctor at the University of California at Los Angeles School of Law in Los Angeles, California. She is a Member of the California State Bar Association, Shasta-Trinity Counties Bar Association and the Shasta County Family Bar Association.

P.J. Van Ert

(http://plelawfirm.com/)

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Attorneys

David A. Prentice (http://plelawfirm.com/attorneys/david-a-prentice/)

Margaret E. Long (http://plelawfirm.com/attorneys/margaret-e-long/)

Joseph F. Larmour (http://plelawfirm.com/attorneys/joseph-f-larmour/)

Sophia R. Meyer (http://plelawfirm.com/attorneys/sophia-r-meyer/)

Michelle Nasise (http://plelawfirm.com/attorneys/michelle-nasise/)

P.J. Van Ert (http://plelawfirm.com/attorneys/pj-van-ert/)

– ↑ BACK TO TOP – (http://plelawfirm.com/attorneys/pj-van-ert/#)

Prentice|Long, PC is a law firm founded on the principle of service. Our firm is comprised of seasoned

and experienced attorneys with a proven track record of success as advice and litigation counsel.

Fresno

(559) 500-1600

Redding

(530) 691-0800

About Us

Learn More About Us

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114 E. Shaw Ave., Suite 102

Fresno, CA 93710

Tel: (559) 500-1600

FAX: (559) 776-1903

Send Us a Message (http://plelawfirm.com/contact-us/fresno-ca-office/) →

2240 Court Street

Redding, CA 96001

Tel: (530) 691-0800

FAX: (530) 691-0700

Send Us a Message (http://plelawfirm.com/contact-us/redding-ca-office/) →

Fresno, CA

Redding, CA

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© 2019 PRENTICE|LONG, PC (http://plelawfirm.com/attorneys/pj-van-ert/#)

STAY CONNECTED WITH US: (http://www.facebook.com/plelawfirm)(http://plelawfirm.com/attorneys/pj-van-ert/#)

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Bio:

Kelsey Walsh is an associate attorney in the office of Prentice|Long, PC. Ms. Walsh’s practice

includes municipal law, public guardianships, marijuana abatement, unlawful detainers,

dependency and civil litigation.

Prior to joining Prentice|Long, PC, Ms. Walsh served as a Deputy District Attorney for the County

of Shasta, quickly working her way through misdemeanors, onto general felonies and then into

the Family Violence Unit where she handled primarily felony domestic violence cases. While at

the Shasta County District Attorney’s Office Ms. Walsh tried numerous cases to verdict.

Ms. Walsh also has experience in the areas of estate planning, probate, conservatorships, and

civil litigation.

Education:

Ms. Walsh completed her undergraduate degree at the University of California, Davis in 2009,

and received her Masters and Juris Doctorate from Empire College of Law, in 2015.

Admissions:

California State Bar (2016)

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Documents

NOTICE OF TEMPORARY PROCEDURES FOR BOARD OF …