90-1530 O ' ' � G � ' " ` � Council File � 9� - .�.�l�
Green Sheet ,�
RESOLUTION
i OF INT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
WHEREA , Section 5. 02 of the Saint Paul City Charter and
Section 3 . 0 of the Administrative Code authorize the City Council,
upon reques of the City Attorney, to appoint special counsel and
provide com ensation therefor in cases of conflict or of special
circumstanc s; and
WHEREA , the verdict in the case o€ Johannes K. Huyen vs. Andy
Driscoll a d the Cit of Sai�n� Paul is in excess of municipal
liability 1 'mits set by Minnesota Statutes Chapter 466; and
WHEREA , the City has filed a number of post trial motions,
one of whic is a motion for reduction of the verdict under Chapter
466; and
WHEREA , plaintiff Huyen's claim that the liability limits do
not apply o defendant Andy Driscoll suggest a conflict between
the interes s of Andy Driscoll and the City; and
WHEREA , by virtue of his status as officer or agent the City
has an obli ation to defend and indemnify Andy Driscoll; and
WHEREA , Andy Driscoll has requested the appointment of
outside cou sel for purposes of post trial motions, a new trial,
if one is o dered, and any appeals;� and
WHEREA , the City Attorney has requested the appointment of
outside cou sel due to this perceived conflict; now, therefore, be
it
RESOLV D, that by virtue of the aforesaid circumstances, the
law firm of Popham, Haik, Schnobrich & Kaufman, Ltd. be retained
to represen and defend Andy Driscoll in said litigation; and, be
it
. , �c1��s�
ORfGINAL
FURTH RESOLVED, that the defense will be directed by senior
partner Clifford M. Greene, whose billing rate for municipalities
is $150. 00 er hour, and such other members of the firm as he may
request to ssist him, each at their regular hourly billing rate,
but never t exceed the rate of $150.00 per hour; and, be it
FURTHE RESOLVED, that the total fees shall not be in excess
of a reason ble fee having reference to the appropriate provisions
of the Code of Professional Responsibility; and, be it
FINALL RESOLVED, that the firm of Popham, Haik, Schnobrich
& Kaufman, Ltd. is specifically not authorized to commence any
action on b half of Andy Driscoll against the plaintiff, including
counterclai s and cross-claims.
as Navs � Requested by Department of:
:on
o w
on "
acca e
e ma
une
i son Z BY�
,
Adopted by Council: Date
AUG 2 3 1990 Forn► Approved by City Attorney
Adoption Certified b Council Secretary By: ��,�,� �� `��,(,���L
By' ��'��� Approved by Mayor for Submission to
AUG 2 7 1990 coun�i�
Approved b Mayor: Dat,� -
� �/h�V4�f��1��
gy: �,�;;,�,�y��~ By:
t�BUSHED S E P - 11990
� � ��a«�
DEPARTMENT/OFFICE�OUNCIL DATE INITIATED G R E E N S H E ET N� _10 4 4 4
City Attorney 8/23/90 INITIAUDATE INITIAL/DATE
CONTACT PERSON&PHONE �DEPARTMENT DIRECTOR �CITY COUNCIL
Jane McPeak� E'Xt. 'rJ�.21 A$$��N �CITYATfORNEY �CITYCLERK
MUST BE ON COUNCIL AOENDA BY(DATE) NUMBER FOR ❑BUDCiET DIRECTOR �FIN.&Mf3T.SERVICES DIR.
ROUTINO
AUgUSt 3O ORDER �MAVOR(OR ASSISTANn �
TOTAL#OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of a res lution appointing outside counsel for Andy Driscoll
for the case of J hannes K. Huyen v. Andy Driscoll and the City of Saint Paul
RECOMMENDATIONS:Approve(A)or Reject( ) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING�UESTIONS:
_PLANNIN(i COMMISSION _CIV L SERVICE COMMISSION 1• Has this person/firm ever worked under e contract for this department?
_CIB COMMITTEE _ YES NO
2. Has this person/firm ever been a city employee?
_STAFF _
YES NO
_DiSTRiCT COUR7 _ 3. Does this erson/firm ossess a skill not nwmall
p p y possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO
Explain all yes answsrs on iaparate shest and attach to presn shest
INfT1ATINQ PROBLEM,ISSUE,OPPORTUNI (Who,What,When,Where,Why):
Plaintiff' s argume t in post trial motions that the liability limits which
by state law apply to municipalities, their officers and agents do not
apply to Andy Dris oll creates a potential divergence between the interests
of Mr. Driscoll an the City.
ADVANTACiES IF APPROVED:
City fulfills its bligation to defend Mr. Driscoll who was a member of the
City' s Human Right Commission during the time in question
DISADVANTACiES IF APPROVED:
None
DISADVANTAGES IF NOT APPROVED:
City does not fulf' ll its mandated obligation
TOTAL AMOUNT OF TRANSACTION $ nknown COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE General G vernment ACCOUI1tS pCTIVITY NUMBER 09073
FINANCIALINFORMATION:(EXPLAIN) O tside COUT1S21
�doc. t,�9s nu .
� �
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 types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Ame�d Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Ciry Attorney
3. City Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. MayodAssistant
5. Human Rights(for contracts over$50,000) 5. Ciry 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. City 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 projecUrequest seeks to accomplish in either chronologi-
cal order or order ot 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 projecVrequest 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 Ciry of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this project/request produce if it is passed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When?For how long?
DISADVANTAGES IF NOT APPROVED
What will 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 generat you must answer two questions: How much is it
going to cost?Who is going to pay?
��t�o.
�,�=�o��3d
�'' �. CITY OF SAINT PAUL
M �i������ o
OFFICE OF THE CITY ATTORNEY
p h
l�s•
JANE A. MC PEAK, CITY ATTORNEY
647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
JAMES SCHEIBEL FAX 612-298-5619
MAYOR
August 23, 1 90
Honorable Me ers of the
St. Paul Cit Council
Re: Johanne K. Huyen v. Andy Driscoll and the
City of Saint Paul
Dear Honorab e Councilmembers:
I know that you are all aware to varying degrees of the above
referenced itigation. We have determined that a potential
conflict of 'nterest prevents the City Attorney from representing
the defendan , Andy Driscoll, and therefore, pursuant to the St.
Paul City C arter and Administrative Code, we have prepared a
resolution sking the City Council to appoint the law firm of
Popham, Haik Schnobrich & Kaufman, Ltd. as outside counsel. That
resolution s ould be on the agenda for August 30.
Pending your approval of the resolution, we have provided attorney
Clifford M. Greene of the Popham, Haik firm with copies of the
relevant doc ments. Certain time limitations imposed by the Court
within which to make certain post trial motions may require Mr.
Greene to t ke certain action on behalf of Mr. Driscoll. He
understands that his representation is contingent upon your
anticipated pproval of the resolution.
Yours truly,
v�,t.t.e, �-�
JANE A. MC P AK
City Attorne
cc: Cliffor M. Greene
Mayor J mes Scheibel