AARON D. FORD JESSICA L. ADAIR ‘tere Gre SICAL. AD CAROLINE BATEMAN Fin nto try Cal RACHEL J. ANDERSON CHRISTINE JONES BRADY “Second Assistant Attorney General STATE OF NEVADA RSID EAE ESTE OFFICE OF THE ATTORNEY GENERAL 100 North Carson Street Carson City, Nevada 89701 MEMORANDUM Date: April 7, 2020 To: Jessica Young, Executive Branch Budget Officer Governor's Finance Office From: Lesley Volkov, Management Analyst II Subject: Retroactive Approval for contract # McDonald Carano, LLP The Attomey General's Office is requesting to have this contract retroactively approved to February 21, 2020. The Attomey General’s Office staff had been providing counsel in an active case which had been in process for more than one year. On February 18, 2020, the Attomey General’s Office received notice of a joint investigation by the Nevada Department of Public Safety and the federal government which created a significant of interest with the AG’s Office in this case, requiring the need to obtain outside counsel. Due to the amount of information already presented in this case, and with the order to complete the Discovery phase of the case by March 13, 2020, the need to obtain outside counsel required immediate attention and work to be performed in order to proceed with this case and meet required deadlines set by the court ‘Telephone: 776-684-1100 « Fax: 775-684-1108 + Web: ag.nv.gov + E-mail: ‘Twitter: @NevadaAG + Facebook: /NVAttorneyGenoral + YouTube: (NevadaAGSTATE OF NEVADA DEPARTMENT OF ADMINISTRATION Purchasing Division 515 Rast Musser Street, Suite 300 | Carson City, Nevada 89701 Phone: 775-684.0170 | Fax: 775-684-0188, Authorization to Contract with a Former Employee Employee Information [Former Employee Name: | DraneL, Welch Former Employee ID Number: | 91889 Former Job Title: Assistant General Counsel Former Employee Agency: College of Southern Nevada . Cass: ‘Unclassified Grade: Former Employment Dates: | From: 1272009 To: uuno19 Requesting Ager: _ Vendor: ‘MeDonald Carano LLP Please mark which of the following applies and complete Sections ‘A’ through (M? belo Contract is witha foumer State employee (contactor) or a temporary employment agency providing a former employee, Contract is with an entity (conttactor) other than a temporary employment agency that employs a former State employee X | who willbe performing any or all oftho conhacted services. ‘Summarize scope of contract work. A ngage outside counsel to represent Juge Pup tn Iitigation Document former Job description, , 7 i i . Performing legal services forthe Collegeof Southern Nevada Ts the former employee being hired beeause of ther specalized knowledge of the agency's operations? Ts here a ‘clause in the contract for transfer ofthe specialized knowledge of the contracting agency and a timeframte for the c_ [transfert No. Explain why existing State employees withia your agency cannot perform this funtion, 5 ; ‘Due to identified conflict of inteest in this case NRS 41.03435 authorizes outside counsel Revised: January 2020 Page | ofDocument ifthe individual overseeing or establishing the contract is related fo the contractor, Ifso, explain the relationship and why this would not affect independence and why this would not violate NAC 284.750, ‘Not applicable ‘List contractors? hourly ra Payment to this vendor is for comprehensive services rendered, itis not specific to hourly compensation directly paid to the former state employee. List the range of comparable State employee rates. 815436 “uslly contrac rate If exceeds the maximum employee/employer rate for a comparable State position by more ‘than 10 percent 10%), Additionally, has the contract (erm been limited as a result? Not Applicable, Document justification for hiring contractor. (On February 18, 2020, the Attorney General’s Office received notice of a joint investigation by the ‘Nevada Department of Public Safety and the federal government which created a significant conflict of interest with the AG's Office in this case, requiring the need to obtain outside counsel. ‘Will the employee be collecting PERS at any time during the contract? Yes ‘What is the duration of the contract with the former employee? (Include start and end date) February 21, 2020 through December 30, 2020 Will che former employee be working ful time or part time? Ifpart time, how many hours? art tune, Approximately 100-150 hours per month depending on work requited Ts fhe former employee currently serving on any Boards or Commissions? Iryes, identify which Board(s) or ‘Commission(s). No ‘Comments ~ Provide any additional comments: Revised January 2020 Page 2 of 2Approval for Authorization to Contract with a Former Employee: seville: ~ _ $/% 2020 ‘of Agency Head Authorizing Request Date | Purchasing Administrator Signature (ifa Statewide Contiact) ‘Budget Anaiyst Signature ‘Cleik of the Board of Examiners Signature Date Revised January 2020 Page 3 of 3