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88-726 WNITE CITV CLERK PINK �FINANCE COUI�CII /^ CANARV - OEPARTMENT G I TY O SA I NT PAU L {(/ BLUE - MAVOR File NO• _ ��f Co, n il Resolution �j 3��� , Presented By Referred To Committee: Date Out of Committee By Date Page 1 of 3 WHEREAS, Section 5 . 02 f the St. Paul City Charter and Section 3 . 04 of the Adminis rative Code autY�orize the City Council, upon request of th City Attorney, to appoint special counsel and provide co�pens tion therefor in cases of special and unusual circurastances; nd WHEREAS, Joseph Carche i has brought suit in United States District Court against Lt. arolen Bailey, Sgt. Richard Simmons and Sgt. Cheryl Indehar all ging, inter alia, that the officers while in the scope of their employment violated the plaintiff ' s right to privacy and slande ed him by stztements allegedly made to the internal auditor dur ' ng the investigation of the License Inspector; and WHEREAS, The City Atto ney has explained the need for the hiring of outside counsel a d has requested same; now, therefore, be it RESOLVED, That by virt e of the aforesaid special and unusual circumstances, the law firm of Popham, Haik, Schnobrich and �aufman, Ltd. be retained to represe t and defend Lt. Carolen Bailey, Sgt. Richard Simmons and Sgt. Ch ryl Indehar in said litigation; and, be it FURTHER RESOLVED, That the defense will be directed by senior partner Clifford M. Greene, hose billing rate is $130 per hour and such other members of the firrn as he may request to assist him, each at their reqular hourly billing rate, but never to exceed the rate of $130 per hour; and, be i �' -1- COUNCIL MEMBERS Requested by partment of: Yeas Nays Dimond Lo� In Fa or Goswitz Rettman B s�6e;t�� _ A ga i n t Y Sonnen Wilson Form Appr y City Atto e Adopted by Council: Date Certified Yassed by Council Secretary By By, ♦ A►pproved by Mavor: Date Approve ayor for Subm' io o C gy B WNI7E - C�TV CLERK PINK -IFINANCE G I TY OF SA I NT PA U L Council (�' CANARY - DEPARTMENT x 7 BL'UE - MAVOR File NO. /�/�_"� � Coun il Resolution Presented By Referred To Committee: Date Out of Committee By Date page 2 of 3 FURTHER RESOLVED, That the total fees shall not be in excess of a reasonable fee having eference to the appropriate provisions of the Code of Professional Responsibility; and, be it FURTHER RESOLVED, That the firm of Popham, Haik, Schnobrich and Kaufman, Ltd. is specif cally not authorized to commence any action on behalf of the def ndants against the plaintiff, including counterclaims and crossclai s. -2- COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �og In Fav r Goswitz Rettman B sc6e;be� _ Against Y Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY sy t�pproved by Mavor: Date _ Approved by Mayor for Submission to Council By BY WHITE - GTV CLERK PINK �FINANCE COIIAC11 {,� n CANARV -�DEPARTMENT GITY OF SAINT PAUL J� /J� . BL`UE - MAYOR File NO. �+�_�✓`�� Coun il Resolution Presented By Referred To Committee: Date Out of Committee By Date page 3 of 3 BE IT FINALLY RESOLVED, that based on the M yor's recommendation, pursuant to Section 10.07.1 of the City Charter, the 1988 budget is ame ded, as follows: Current Amended Budget Changes Budget FINANCING PLAN ----------- ----------- ------------ 001 General Fund 9890 Use of Fund Balance, Unreserved Undesignated 0 50,000 50,000 All Other Financing 118,671,134 0 118,671,134 118,671,134 50,000 118,721,134 SPENDING PLAN 001 General Fund City Attorney-General Government Acc ts 09073 City Attorney-Outside Council 09073-0218 Attorneys Fees 20,000 50,000 70,000 09073 Al1 Other Spending 0 0 0 All Other Spending 118,651,134 0 118,651,134 118,671,134 50,000 118,721,134 NEI' �HANGE 50,000 -3�- 6 � � COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� _�_ In Fav r Goswitz Sche bel 0 _ Against BY - Sonnen Wilson Adopted by C ouncil: Date MAY � 2 Form Approved by City Attorney Certified Yas by Council Secretar BY By A►pprov y iVlavor: Da e � � � j Approved by Mayor for Submission to Council By BY p1�BltSNEO M AY � 11 $$ , C���-�al� C4�'���"' � CITY OF SAINT PAUL �1Ti O� �~o ��?� p; _-, OFFICE OF THE CITY ATT�ORNEY �,� iiii�iii�ii �' �;m EDWARD P. STARR, CITY ATTORNEY °"�;�;,t','°,'m��'°� 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR April 25 , 1988 REC�iVE�3 APR � � 1988 Gregory Blees �UDG�T O�FICE Budget Director 367 City Hall Saint Paul , MN 55102 Re : Joseph Carchedi v. Lt. Carolen Bailey, et al . Dear Mr. Blees : Our office has submitted a Resolution to the City Council asking them to appoint the law irm of Popham, Haik, Schnobrich and Kaufman Ltd. to represent the defendant police officers in the above entitled action. I is our conclusion that a conflict of interest prevents the City Attorney from representing these individuals and, therefore, pursuant to the Saint Paul City Charter and Administrative C de , outside counsel is required. Our office does not have sufficient funding for paying the expenses of the outside c unsel and I am writing to ask that you make the necessary trans er of funds to our Account No. 09073. We believe that an initia funding of $50, 000. 00 is fair and reasonable. Because there are time li itations imposed by the Court, your prompt attention to this mat er will be greatly appreciated. Yo rs truly, FR K E. VILLAUME III Assistant City Attorney FEV: jr _ C��-�a� T ` -� . ` :a°_. �13414 � G;ty At�orney DEPARTME . - - - - - - Edward P. S :ar , COI9TACT N , 5121 PHONE � t A�ri 1 .5, 1 488 DATE ASSIGN NUMBER FOR EOUTING ORDER: (See reverse side.) �� /� Departme�t Director �Mayor (or Agsistant) �1 � Finance and lriaanagement &ervices Di ector 4 City Clerk � ��udget Director �City Attorney _ ' TOTAL NUMBER OF SI6NATURE PAGES: 1 (Clip all locations for signatare.) ' Y ? (Purpose/Rationale) , Re�olution authorizes:•retention f outside counsel to represent employees af the St. Paul Police epartment who are being sued by Joseph Cax^chedi in connection ith the investigation of the License Inspector•' s Office. Ret tion of outside counsel is authorized in Section 5.02 of th Charter in cases where the City Attorney's Office has a conflict f interest. ������� ������ch Center C UDG AND SO MPAC D: ��y �� �g88 No F.T.E.s affected. 1988 Budget will have to be amended to transfer funds from the General Fund into he City Attorney' s Outside Counsel Account. This will be accomplish d by separate Resolution prepared by the Budget Director for submis ion to the City Council I 0 G C 0 C D: (Mayor's signature not required .if unde $10,000.� Total AmotaYt of Transgction: Activity Number: 09073 Funding Source: General Fund - Co tingent Reserve ATTA��:. (List and number all atta hments.) 1 . Council Resolution � AD24�NISTRATIVE PRQCEDURES _Yes X No Rules, Regulations, P cedures, or Budget Amendment requir.ed? _Yes _No If yes, are they or ti et�tble attached? DEPARTMENT RLVIEW CITY ATTORNEY RSVIEW X Yes No Council resolution requi ed? Resolution required? �Yes No _Yes ,�No Insurance required? Insurance sufficient? . .� Yss _No _Yes �No Insurance attached? /�/�A'