90-1950 � RiGINAAL �� ,�r_
/ ;Council File # �!` ���
�4.. {
Green Sheet # ����!
ESOLUTION
ITY SAl T PAU , MINNESOTA
Presented By
Referred To Camiittee: Date
WHEREAS, ecti n 5.02 of the Saint Paul City Charter and Section 3.04 of the
Administrative Cod aut orize the City Council, upon request of the City Attorney, to appoint
special counsel and ro de compensation therefor in cases where the City Attorney by reason of
interest cannot repr sen the City; and
WHEREAS, dith Laurel, an employee in the Saint Paul Department of Human Rights has
filed with the Minn sota Department of Human Rights a discrimination claim against the City of
Saint Paul; and
WHEREAS, s. urel's claim, while against the City, alleges that her supervisor engaged in
the discriminatory a tio ; and
WHEREAS, t e 'ty is currently defending a claim of discrimination filed against it on a
separate issue by M . rel's supervisor; and
WHEREAS, i the City Attorney's Office was to undertake representation of the City on Ms.
Laurel's claim, it wo ld imultaneously be adverse to the supervisor on ber claim against the City
and working with th su ervisor to prepare a defense to Ms. Laurel's claim; and
WHEREAS, s ch epresentation would place the City Attorney's Office in a conflict situation;
now, therefore, be it
RESOLVED, hat y virtue of said aforesaid conflict, Thomas E. Schmidt be hereby retained
to represent the Ci of aint Paul in said litigation; and, be it
i
O.Ri � 1NAL � ��� ��-���o
• FIJRTHER �S LVED, that the fee for such services shall not exceed $100.00 per hour,
which is a discount fe offered to the City; and, be it
FINALLY R SO VED, that the total fees shall not be in excess of a reasonable fee having
reference to the ap rop iate provisions of the Code of Professional Responsibility.
___________________ ___ ______________________
--------------- - --- - ------ ---------
_ eas Na s Absent Requested by Department of:
Dtmon �
Goswttz �j� ��,.-���
Lon „
Macca e
Rettman
Thune ��� � tin i , ,���
Wi lson BY� �"�"�%� L
V
_________________ __ __________________
NOV 8 �(�� Form Approved by City Attorney
Adopted by Council: Da e
Adoption Certified y C uncil Secretary BY. ��_ �� `�(����
BY' � A rov
pp ed by Mayor for Submission to
Councit
Approved by Mayor: Da e )
i � /. `
� / /
f ' � n � .�a' �:�/j l 1'1.'-1
B i��`.L� ��,g�%�/' `/ By' o
Y�
��E���D ���v 1 � 1990
- . . �,�cl�-��.�o
DEPARTMENT/OFFICE/COUNCIL DATE�NITIATED
City Attorney 11/1/go GREEN SHE T N°. -13251
CONTACT PERSON&PHONE a DEPARTMENT DIRECTOR1NITIAUDAT �CITY COUNCIL �NITIAUDATE
�Jc�Tle McPeak ASSION m CITY ATTORNEY �CITY CLERK
MUST BE ON COUNCIL AOENDA BY( ) NUMBER FOR �BUDGET DIRECTOR �FIN.&MOT.SERVICES DIR.
ROUTING
NOV�CI�2Y• 8� 19�0 ORDER �MAYOR(OR ASSISTAN� �
TOTAL#OF SIGNATURE P G S (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of a sol tion authorizing appointment of ou side counsel
in the case of dit Laurel v. Ci�y of Saint Paul
RECOMMENDATIONS:Approve(A)or R (R) PERSONAL SERVICE CONTRACTS MUST ANSW R THE FOLIOWING GUESTION8:
_PLANNING COMMISSION CIVIL RVICE COMMISSION �• Has this person/firm ever worked under a Contra for this department9
_CIB COMMITTEE YES NO
2. Has this personRirm ever been a city employee?
_STAFF YES NO
_DISTRICT COUR7 3. Does this person/firm possess a skill not normall possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTI E YES NO
Explaln all yes anawers on separate sheet and a ch to green shest
INITIATINO PROBLEM,ISSUE,OPPO ITY( ,What,When,Where,Why):
Edith Laurel, an oy of the St. Paul Departrrient of H�anan Righ s, has filed with the
Minnesota De of Ri�ts a discrimination claim agains the City of St. Paul.
Ms. Laurel alleges t er supervisor engaged in the discriminato action. The City
Attorney's Office 's tly defending the City against a discr' ' tion claim filed with
the State on a se te 'ssue by this sarr�e supervisor. If the Ci Attorney were to defend
the City on Ms. La 1' claim, it vaould be working with the supe 'sor on that case and
adverse to the s on her claim.
ADVANTAGES IF APPROVED:
City Attorney' s ffi e will not be involved in a confli t situation
DISADVANTAGES IF APPROVED:
None
DISADVANTAGES IF NOT APPROVED:
City Attorney wi b involved in a conflict situation 'n violation
of the Code of P fe sional Responsibility �`►�ED
H01�011990
��'fY CLERK
TOTAL AMOUNT OF TRANSACTIO COST/REVENUE BUDGETED(CI CLE ONE) YES NO
FUNDINGSOURCE Gene 1 overnment ACCt5. pCTIVITYNUMBER 9�73
FINANCIAL INFORMATION:(EXPLAIN)
. , , ��l4 ' (�5�
F�+piT p�♦
•. CITY OF SAINT PAUL
` a OFFICE OF THE CITY ATTORNEY
: i€L'��'�j �
. „�
.
'••• JANE A. MC PEAK, CITY ATTORNEY
647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
JAMES SCHEIBEL FAX 612-298-5619
MAYOR
October 31 1 90
M E M O R N D U M
TO: Cou ci President Bill Wilson
FROM: Jan A. McPeak�,,,,M
Cit A torney �����
RE: Res lu ion Appointing Outside Counsel for
Hum n ights Litigation
Due to sta e i posed filing deadlines, I request that the attached
Resolution be placed on the City Council 's Consent Agenda for
November 8 ' 1 90. Thank you.
JAM:j r
Attachment