Amend Contract with Allen D. Mednick for Continued Representation in Hearing Board Proceeding
This action is to amend the contract with Allen D. Mednick, former Principal Deputy District Counsel in the District Prosecutor's Office, who retired from AQMD employment in September 2007. The Board, at its June 6, 2008 meeting, authorized a $50,000 contract with Mr. Mednick. This action is to increase the contract amount by $30,000 to provide continued representation in an AQMD Hearing Board case and extend the termination date to January 31, 2009. Sufficient funds are available in the FY 2008-09 Budget.
Authorize the Executive Officer to enter into a contract amendment with Allen D. Mednick to continue to provide Hearing Board representation that extends the contract date to January 31, 2009 and increases the contract amount by $30,000, for a total contract amount of $80,000.
Barry R. Wallerstein, D.Env.
Mr. Mednick had 18 years of experience at AQMD as an attorney when he retired in September 2007. At the time he retired, Mr. Mednick was the Principal Deputy District Prosecutor and was responsible for handling the most complex and demanding cases, including Hearing Board matters.
Due to an unexpected attorney absence in a key enforcement matter, there was an immediate need for outside representation in the Hearing Board. The matter involves enforcement and permitting actions taken by AQMD against a lead recycling facility, Exide Technologies, Inc., located in the City of Vernon. These actions have significantly reduced lead levels to the point that they no longer endanger public health. The company is challenging the AQMD’s actions in the Hearing Board.
At the June 6, 2008 Governing Board meeting, the Board authorized a $50,000 contract with Mr. Mednick to represent the District in a Hearing Board matter. The term of Mr. Mednick’s contract expires on September 30, 2008. The Hearing Board has now scheduled hearings on the Exide matter to continue through October and November 2008. Accordingly, the contract for continued representation in this matter needs to be extended to January 31, 2009 and the amount payable under the contract needs to be increased. Staff is recommending a $30,000 increase in Mr. Mednick’s contract, which will bring the not-to-exceed total to $80,000.
It is therefore recommended that the Board authorize the Executive Officer to amend a contract with Allen D. Mednick to provide continued representation in the Exide matter. The contract will be amended by increasing the contract amount by $30,000 and by extending the term to January 31, 2009. As part of this action, the Board must make the finding in Health & Safety Code section 40426.7, which addresses contracts with former AQMD employees.
The total cost of this contract will not exceed $80,000. Sufficient funds are available in the FY 2008-09 Budget.