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273830 WHITE - CITV CLE�iK f (�}/4��/�q� PINK - FINANCE COUIICIl � •{ ���3� CANqRV - DEPARTMENT GITY OF SAINT PAITL File NO. �� � � ��`y BI.UE - MAVOR � - uncil Resolution Presented By � Referred To Committee: Date Out of Committee By Date WHEREAS, Article 5, Section 4, of the Rules Governing Affirmative Requirements in Employment provides that hearings before the Human Rights Commission on charges of rules violation shall be presided over by an attorney who is not a member of the Commission, to rule on ].egal questions and chair the hearing; and WHEREAS, the Office of the City Attorney represents the Director of the Department of Human Rights in presenting the aharges of rules violations to the panel, as an advocate for the position of the Director; and WHEREAS, therefore, the Office of the City Attorney cannot by reason of conflict of interest provide an attorney to the Commission to serve as hearing officer; and WHEREAS, Section 5.02 of the Charter of the City of Saint Paul., and Section 3.04 of the Administrative Code, empower the Council, upon the request of the City Attorney, to appoint special counsel and provide compensation therefor, in cases where the City Attorney cannot by reason of conflict of interest . provide representation; now, therefore, be it RESOL�]'ED, that the Council hereby, upon the request of the City Attorney, appoints Michael F. Fetsch as special counsel to act as hearing officer in an affirmative action rules violation case entitled "Donald Lewis, Director, Department of Human Rights, vs. Barton Contracting Company", and fixes the compensation at $40.00 per hour; such compensation to be paid out of the budget of the Department of Human Rights. COUNCILMEN Yeas Hozza Nays � Requested by Department of: �� In Favor Levine -� Maddox __ Against BY McMahon Show eSCO ��� Form Appro by ity Attor ey Ado ed by Counci . Date Certified P� ed by Co cil Secretary BY v � 61pp ov by (Vlavor: Date �"1 d �g�� Approved by Mayor for Submission to Council BY — BY rus�isHEO� 0 CT 13 1979