88-1905 WHITE - CITY CLERK �
PINK - FINANCE GITY OF SAINT PAUL Council
CANP��YV - DEVARTMENT File NO• ���` � -
BI.UE - MAVOR
� Council Resolution � �
��
Presented By
.____
Referred To Committee: Date
Out of Committee By Date
WHEREAS, Section 5 . 02 of the St. Paul City Charter and
Section 3 . 04 of the Administrative Code authorize the City
Council, upon request of the City Attorney, to appoint special
counsel and provide compensation therefor in cases of special
and unusual circumstances; and
WHEREAS, Joseph Carchedi previously brought suit in United
States District Court against Lt. Carolen Bailey, Sgt. Richard
Simmons and Sgt. Cheryl Indehar alleging, inter alia, that the
officers while in the scope of their employment violated the plain-
tiff ' s right to privacy and slandered him by statements allegedly
made to the internal auditor during the investigation of the License
Inspector; and
WHEREAS, the law firm of Popham Haik, Schnobrich and Kaufman,
Ltd. was retained, on the request of the City Attorney, to represent
and defend said police officers; and
WHEREAS, the Federal Court action was dismissed on the grounds
that Mr. Carchedi ' s action failed to state a claim upon which relief
can be granted; and
WHEREAS, Mr. Carchedi has now brought suit in Ramsey County
District Court against the same defendants alleging a common law
action of slander; and
WHEREAS, the City Attorney believes there continues to be a
need for the hiring of outside counsel and has requested the same;
now, therefore, be it
, RESOLVED, that by virtue of the aforesaid special and unusual
circumstances, the law firm of Popham, Haik, Schnobrich and Kaufman,
Ltd. be retained to r.epresent and defend Lt. Carolen Bailey, Sgt.
Richard Simmons and Sgt. Cheryl Indehar .in said litigation; and,
be it .
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond C �
�� `� In Favor
Gosw;tz
Rettman (/ B
Scheibel A gai n s t Y
Sonnen
Wilson
Form Approve City Attorn
Adopted by Council: Date
Certified Yassed by Council Secretary BY—
By
Approved by Mavor: Date _ Appr e by Mayor for Submi i o �ouncil
By
WNITE - CITV CLERK COUflCII (�j/� /O
PINK - FINANCE G I TY OF SA I NT PAU L '" 4�
CANA'ftV - DEWARTMENT dO /
BLUE - MAVOR File NO• �� r
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
Page 2
FURTHER RESOLVED, that the defense will be directed by senior
partner Clifford M. Greene, whose billing rate is $130 per hour
and such other members of the firm as he may request to assist
him, each at their regular hourly billing rate, but never to exceed
the rate of $130 per hour; and, be it
FURTHER RESOLVED, that the total fees shall not be in excess
of a reasonable fee having reference to the appropriate provisions
of the Code of Professional Responsibility; and, be it
FURTHER RESOLVED, that the firm of Popham, Haik, Schnobrich
and Kaufman, Ltd. is specifically not authorized to commence any
action on behalf of the defendants against the plaintiff, including
counterclaims and crossclaims.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
��g In Favor
rsesai4e �
Rettman B
s�he;�e� _ Against Y
�sowaoa
Wilson
�tr � � � Form Approve City Atto
Adopted by Council: Date
Certified Pas e o cil Sec BY—
�
By�
Ap d by �Nav te _ �('._;� �� Approve b Mayor for Submissi to ouncil
;•�—
By _ \ '�' - gY
Pt�t.ISNEB D�C 1 0 1988
��-i9
, � . .l�° �1�7 1 �
City Attorney DEPARTI�NT . - - - - -
F.dwarr� p_ ,Starr CONTACT NAME
29R_51 �1 PHONE
' Nnvr.+mh�+3^ 1 d� 198$ DATE
l�.SSIGN NUMBER F� 80tJTING ORDER: (See reverse sid�.)
_, Department Dirgctor 1 Mayor (or Assistant)
� Fixrance and Management Services Director 4 City Clerk
2 Budget Director _
_ City Attorney
TOTAL NUI�BER OF SIGNATURE PAGES: 2 (Clip all locations foz signature.)
��T [iILL BE,. ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS?: (Purpose/Rationale)
�
To provide funds for outside legaY counsel in the case of Joseph
Carchedi vs. Lt. Carolen Bailey, Sgt. Richard Simmons and Sgt. Cheryl
Indehat.
�OST/BEN�FIT. BUDGETARY. AND PERSONNEL IMPAETS AA�TICIPATED: ��
No FTE impact ��� ,�� ,9
�'8
�r°'�S v��,
CF
FINANCINC SOURCE AND BUDGET ACTIVITY I�UMBER CHARGED OR CREDITED:
,
(i�ayor's signature not required if un r $10,000.) ,
Total Amount of Trans�ction: Unknow� � Activity Number: 09073
Funding 3ource: General Fund
ATTACI�IENTS: (List and number all attachments.)
Resoi�tion Councii Research C�r,t�r
�a ov 1 s 19s8
IlAMI1�ISTRATIVE PROCF,�DURES �
_Yes No X Rules, Regulations, Procedures, ,or Budget AmAndment required?
_Yes +No X If yes, are they or timetable attached?
DEPARTI�EI�T REVIEW CITY ATTORNEY REVIE4T
�Yes No Council resolution required? Resolution required� �Yes _N
_Yes X No Insurance required? Insurance sufficientY +Yes _N `
Yes No Insurance attached? �