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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? �