$5.4 Million in Fees At Issue.
As reported in Greg Moran’s May 30, 2011 post in the on-line version of The San Diego Union-Tribune, criminal defense lawyers are battling City of San Diego to obtain reimbursement of $5.4 million in fees incurred in defending six former members of the San Diego pension board after state criminal charges were dropped.
The dispute focuses on a 2002 City Council resolution provision purporting to indemnify pension board members sued over support of a pension plan allowing the City to put less money into the system than required. City claims that the resolution was only intended to reimburse fees incurred in civil actions, rejecting the former six members’ claims for payment. Defense lawyers see the situation differently, with San Diego County Superior Court Judge William Dato denying City’s motion to dismiss the recent action filed by the members to obtain fee reimbursements. However, Judge Dato did reject members’ argument that a state law gives the City discretion to cover the costs of defending pension board members in criminal cases.
We will keep you posted as more development happen in this action which is destined to get quite a bit of publicity.
On the back of an elephant at the San Diego Zoo. Circa 1920. San Diego Historical Society.