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85-1154 WFIITE — CITV CLERK PINK o FINANCE COUIICIl ��..w _ � �/�� C�sNAfiV — DEPARTMENT G TY OF SA I NT PA U L � �V BLUE — MAVOR F11C NO. �� � � , o il Resolution ' Presented By . Re o Committee: Date Out of Committee By Date WHEREAS, a com laint has been filed against the Director of the St. Paul Dep� rtment of Human Rights, with the State Department of Human Rights and a Suinmons and Complaint has been served upon him by n ernployee o� ��.ne ae;�artment; and WHEREAS, the C ty Attorney cannot, by reason of the diver- gence of their inte ests, represent both the Director and the Department in legal representation; and WHEREAS, Secti n 5.02 of the City Charter permits the appointment of spec ' al counsel where "by reason of interest" the City Attorney i unable to act in behalf of the City or any of its departments; and WHEREAS, it ap ears that this is an appropriate case for the appointment of Spec ' al Counsel , and the City Attorney has so requested; now, the efore, be it R�,SOLVED, that William Tilton, Attorney at Law, is hereby appoin�ted to repres nt the Director of the Department, Johannes Huyen, for the purp se of handling the complaint of Beverly Wickstrom, pending in the State Department of Human Rights, and the Summons and Co laint of Linda Dahlen served upon defendant Huyen on August 5 , 1985 ; and, be it FURTHER RESOL ED, tnat the fee for such services shall be $75.00 per hour re a�ding the "Dahlen" matter and $50.00 per hour regarding the "Wic strom" matter, provided, however, that the total fee shall no be in excess of a reasonable fee having reference to DR2-1 6 of the Code of Professional Responsibility and counsel shall ubmit monthly itemized statements ; and, be it COUNCILMEN Yeas p�� Nays Requested by partment of: Mssanz In Favor Nicosia Scheibel Sonnen _ Against BY Tedesco W i Ison Form Appro e y City At ey Adopted by Council: Date Certified Passed by Council Secretary BY gy, A►pproved by 17avor: Date Approved by Mayor for Submission to Council By BY WHITE - CITV CLERK PINK , =FINANCE G TY OF SAINT PALTL Council ��,w l�,,, C.4NARV - DEPARTMENT F�le NO. / � BLUE - MAVOR ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 2. FURTHER RESOLV D, that William Tilton will be reimbursed for such services r garding the "Dahlen" matter only to the extent that the maj rity of his representation time is spent on defense of the a oresaid action, and not on individual counter claims on behalf of Mr. Huyen; and, be it FURTHER RESOLV D, that the interests of the City and the City Department of Human Rights will continue to be represented by the City Attorney' s Off' ce in the Dahlen matter. COUNCILMEN Requested by rtment of: Yeas p�� Nays �� ��ar Masanz in Favor Nicosia Scheibel � Sonnen A gainst BY �#edesee W i Ison AUG 2 7 1985 Form Approv c�ty Artio e Adopted by Council: Date CertiEied Pa•s d ouncil Se ry BY By SEP — 3 1985 Approved by Mayor foc Submission to Council t�ppro by Mavor: Dat By BY PUBLISHED EP - �7 1985 t,� w �-I b - - --- -- -__ -- - - ----_ _ - - _ _. - - - -- - __ _ WHITE - CITV GLERK �� � PINK - FINANCE G I TY O F SA I NT PA IT L Council � CANARV - DEPARTMENT BLUE - MAVOR File NO. ounc ' Resolution `� � Presented By �� r , ~ Referred To Committee: Date Out of Committee Date � WHEREAS, com laint has been filed against the 1�irector of the St. Paul ep rtment of Human Rights, with the S�tate Depart- ment of Human Ri ts and a Summons and Complaint has been served upon him by an emp yee of the department; and WHEREAS, the Cit Attorney cannot, by reason of the divergence of their interests, re esent both the Director and the Department in legal representation; and WHEREAS, Section 5 . 02 f the City Charter permits the appoint- ment of special co nsel whe "by reason of interest°' the City Attorney is unable to act in ehalf of the City or any of its departments; and WHEREAS, it a pears that th is an appropriate case for the appointment of Spe ial Counsel, an the City A�torney has so re- quested; now, ther fore, be it RESOLVED, tha William Tilton, A �torney at Law, is hereby appointed to repre en�t the Director of the Department, Johannes Huyen, for the pur ose of handling the omplaint of Beverly Y�ickstrom, pending in the Sta e Department of Human ights, and the Summons and Complaint of L ' nda Dahlen served upon efendant Huyen on August 5, 1985; and, be it FURTHER RESOL ED, that the fee for such ervices shall be $75.00 per hour reg rding the "Dahlen" mat�er a d $50 . 00 per hour regarding the "Wic strom" matter, provided, ho ver, that �he total fee shall no be in excess of a reasonable fee having reference to DR2-106 of the ode o� Professional Responsibi ity and counsel shall submit month y itemized s�atements; and, be ' t COUNCILMEN Requested by Department of: Yeas Nays Drew Masa"z [n Favor Nicosia Scheibel Sonnen Against BY Tedesco W i Ison Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By t#pproved by iNavor: Date Approved by Mayor for Submission to Council BY BY WHITE - GTY CLERK �� �/ PINK - FINANCE COUflC1I a'�� CANARV - DEPARTMENT GITY OF SAINT PALTL File NO. v BLUE - MAVOR � ouncil Resolution `-�� Presented By Referred To Committee: Date Out of Committee By Date Page 2 . FURTHER SOLV D, that William Tilton will be reimbur_sed for such services r ar ing the "Dahlen" matter only to the extent that the majority o his representation time is spent on defense of the aforesaid a ion, and not on individual crossclaims or counterclaims and � like; and, be it FURTHER RESOLV D, at the interests of the City and the City Department of Human Right will continue to be represented by the City Attorney' s Off ' ce in e above ma�ter. COUNCILMEN Requested by De rtment of: Yeas p�� Nays Masanz [n Favor Nicosia Scheibel Sonnen Against BY Tedesco W i Ison Form Approved ity Attor Adopted by Council: Date Certified Yassed by Council Secretary BY By� A►pproved by INavor: Date Approved by Mayor for Submission to Council By BY � . ���=��s-� ����==o,. CITY OF SAINT PAUL ` ' OFFICE OF THE CITY ATTORNEY ; �F , ���������� �G EDWARD P. STARR, CITY ATTORNEY � �m �uu �� �♦ A�' �''�r�•� 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR August 15, 1985 Albert B. Olson City Clerk Room 386 B U I L D I N G Dear Mr. Olson: Enclosed please fin an amended Council resolution re : the representation of J hannes Huyen. The amendment refle ts that Linda Dahlen has withdrawn her complaint with the tate Department of Human Rights and has brought an action a ainst Huyen, and others, in District Court. Yours very truly, Cz�,�.�.�-' �-- KA LA F. HANCOCK Assistant City Atto ney KFH:paw enc . �,�_��s���y ����T��.. CITY OF SAINT PAUL ` ' OFFICE OF THE CITY ATTORNEY • •F. �,+. �'������° „�� EDWARD P. STARR, CITY ATTORNEY �°Q��a� 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR M E M O R A N D U M TO: Members o the City Council FROM: Karla F. ancock k�k Assistant City Attorney DATE: August 15 1985 i The attached propos d resolution is an amendment to the one previously passed, or several reasons. First, one of the t o complaints filed against Johannes Huyen with the State Depa tment of Human Rights was dismissed, however the plaintiff elect d to file a separate action in District Court. Second, William Til on has requested a larger hourly fee because, he feels, the forum has no changed warranting the increase. KFH:paw attach.