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90-1099 "� � ' � � ' _ r� � Council File # J� � 9 f �9 Green Sheet # RESOLUTION . CITY OF SA T PAUL, MINNESOTA s � Presented By Referred T Committee: Date WHEREAS, Section 5. 02 of the Saint Paul City Charter and Section 3 . 04 of the Saint Paul Administrative Code authorize the City Council, upon request of the City Attorney, to appoint special counsel and provide compensation therefor in cases of conflict of interest or of special and unusual circumstances; and WHEREAS, a number of attorneys in' the City Attorney's Office have been involved in providing Iegal services to the Mayor in the matter of the termination of Stephen F. Conroy; and WHEREAS, the City Attorney's Office also provides legal services to the Saint Paul City Council which, pursuant to Charter Section 12 . 12 .4 will conduct a public hearing in the Conroy matter; and WHEREAS, the City Attorney believes that to provide legal services to the City Council in�:�.the Conroy matter would result in the appearance of a conflict of interest for the City Attorney's Office; now, therefore, be it RESOLVED, that by virtue of said conflict circumstances, Ann Huntrods be retained to provide legal services to the City Council in its hearing into the matter of the termination of Stephen F. Conroy; and, be it FURTHER RESOLVED, that such legal services shall include: review of the record from the administrative hearinq, the report of the administrative law judge, providing legal advice to the City Council as needed before, during and after the hearing, and drafting of a resolution embodying the Council's decision; and be it � 9�-��9 � aREG1NAL FINALLY RESOLVED, that the billing rate shall be $110.00 per hour and that the total fees shall not be in excess of a reasonable fee having reference to the appropriate provisions of the Code of Professional Responsibility� 'v� eas �iaY� Absent Requested by Department of: s.rnon osw z � �1� ���,�� on — � _ � acca ee � e man —� un e �1 � i son —� BY� ��L /�'• U Adopted by Council: Date ,J�H 2 6 1990 Fornt Approved by City Attorney Adoption Certified by Council Secretary g ��� �. '�;�;�'� y: � By� Approved by Mayor for Submission to Approved by Mayor: Date � ' Council � JUN 2 7 1990 ��� By: O../2%�J 1����,e.� By' , PUBUSNED J U L 7 1990 �o -io9 9 DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED G R E E N S H E ET NO ,10 4 31 Cit Attorney 6/26/90 CONTA 30N&PHONE INITIAL/DATE INITIAUDATE DEPARTMENT DIRECTOR CITY COUNCIL J ane McPe ak� '�'Xt. S].L]. - ABSIGN----.- CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR gUDGET DIRECTOR FIN.&MGT.SERVICES DIR. ROUTINQ ORDER AYOR(OR ASSISTANT) � June 26, for sus ension TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approval of attached resolution appointing outside counsel for the City Council in the matter of the termination of Stephen F. Conroy RECOMMENDATIONS:Approve(A)or ReJect(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWIN�i QUESTIONS: _PLANNINO COMMIHSION _ CIVIL 3ERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department? _CIB COMMITTEE _ YES NO 2. Has this person/firm ever been e city employee? _STAFF — YES NO _DI8TRICT COURT _ 3. Does this person/firm possess a skill not normally possessed by any curreM city employee? SUPPORT3 WHICH COUNCIL OBJECTIVE? YES NO Explaln all yea answers on separats sheet and attach to gresn shest INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,Whet,When,Where,Why): This request arises out of the Mayor' s proposed termination of StepY�en F. Conroy as fire chief. Because of the extensive involvement of the City Attorney' s Office in this matter, we believe that to avoid the appearance of a conflict of interest, we must secure outside counsel for the City Council as it fulfills its Charter mandated requirement to hold a hearing and decide whether termination is warranted. ADVANTAOES IF APPROVED: Counsel for the City Council and the avoidance of the appearance of a conflict of interest for the City Attorney' s Office. DISADVANTAOES IF APPROVED: None DI3ADVANTAQE3 IF NOT APPROVED: The City Council would have to proceed without the assistance of counsel . Councii Research Center J U;�� 2 6 � r�a+� TOTAL AMOUNT OF TRANSACTION $ 6,0 5 0 COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO FUNDINdSOURCE Outside Counsel ACCOUTlt ACTIVITYNUMBER GL-001-09073 FINANCIAL INFORMATION:(EXPL4IN) See Attachment NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225). ROUTING ORDER: Below are correct routings for the five most frequent rypes of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. Ciry Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES ' Indicate the#of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the project/request seeks to accomplish in either chronologi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the ciry's liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this projecVaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed(e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When?Far how long? DISADVANTAGES�F NOT APPROVED What wilt be the negative consequences if the promised action is not approved? Inability to deliver service?Continued high traffic, noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? . /C'" -- /° �9 Financial Information: While there are funds in the City Attorney' s outside counsel account, we will be requesting additional funds to cover this expense because the outside counsel account will be depleted before the end of the year due to obligations owing on lawsuits which are several years old.