This letter was sent to Mayor Joan House, City Council and Christi Hogain, interim city manager
The city has now fulfilled its legal responsibilities with respect to Mr. Broking’s request under the California Public Records Act by making available to him, for inspections and copying, all documents in the city’s possession regarding his inquiry.
In addition, the city has gone beyond its legal duties and secured a letter from the attorney who represented the city in the 1995 litigation, Mr. Terry A. Barak, who is presently a Los Angeles Deputy City attorney. Mr. Barak’s letter is enclosed for your information.
Mr. Barak states that the city’s contribution to the settlement of the claim was $7,500, which was entirely paid by the insurance carrier. Moreover, according to Mr. Barak, the carrier hired Mr. Barak’s law firm and thus the city incurred no out of pocket expenses for its legal defense. Typically, a city has no authority to select defense counsel regarding a claim covered by insurance, and has a duty to cooperate with the insurance carrier in the defense and settlement of the claim.
I believe that this information fully responds to the questions posed by Mr. Broking. I have deleted the customary “Privileged and Confidential” notation from this memo so that it may be disseminated to third parties at our discretion.
Steven A. Amerikaner
Malibu City Attorney