San Benito County spent $41,000 on consultation from a law firm
on a civil case that wrapped up in March.
San Benito County spent $41,000 on consultation from a law firm on a civil case that wrapped up in March.
That amount charged by Bingham McCutchen for services in the Franscioni vs. San Benito County case adds to the more than $2.5 million spent on three other private firms since 2000.
Those figures startle observers, including a county watchdog, because the county is facing a projected $4 million budget shortfall in next fiscal year’s budget.
In the Franscioni case, which began in July, Judge Harry Tobias ruled in favor of the plaintiff on July 30. A county appeal of the decision later was dropped, and the two sides recently reached an undisclosed settlement.
To spawn the dispute, the county had denied that Ray Franscioni’s property should be recognized as five parcels. The county contended Paicines ranch was only one parcel. The plaintiff argued it had already been split many years ago, according to Franscioni’s lawyer, Michael Cling.
“We shouldn’t have been in court on that thing,” said Dennis Madigan, a former planning commissioner who has formed a government watchdog organization. “We shouldn’t be spending the money.”
The county’s full-time legal office handled the majority of that case, according to County Counsel Karen Forcum and Cling. And the county went to the private firm only for consultation on the appeal process.
Yet, the county, which tracks its costs on cases according to a $65 an hour rate, racked up only $11,400 in legal fees – about 29 percent of bills paid to the private firm.
Aside from the four firms hired since 2000, another lawyer, John Picone, is representing the district attorney and the sheriff in a defamation case. And the county Human Resources Department sometimes consults with a firm for personnel matters, Forcum said.
Forcum emphasized that hiring outside legal help did not put the county in its current budget predicament.
“When considering budgetary issues, we would have to look at the advantage to hire more staff for this office versus retaining outside counsel,” Forcum said.
County supervisors over the next two months plan to hammer out a budget, one they hope will be balanced. Officials may have to watch such spending in the coming years.
“We have to watch every place (in the budget) and hope for the best,” Supervisor Ruth Kesler said.
