272144 WHITE - CI7V CLERK ��.���
PINK - FINANCE GITY OF SAINT PALTL . Council
CANARV - DEPARTMENT
BI.UE - MAVOR File NO.
o cil R olution
Presented By . �y
Referred To Committee: Date
Out of Committee By Date
WHEREAS , the Director of the Department of Human Rights ha.s
been investigating a complaint under Chapter 74 of the Saint Paul
Legislative Code on the complaint of Bernice Carter in beha.lf of
Michael Eugene Carter vs. St. Paul Police Department; and
WHEREAS , the Director has determined that it is necessary
to obtain subpoenas from the District Court pursuant to Section
74. 10(D) of the Saint Paul Legislative Code, for the purpose of
assisting in said investigation; and
WHEREAS , the City Attorney cannot, by reason of the divergence
of their interests, represent both the Director and the St. Paul
Police Dep�ment in legal representation; and
WHEREAS, Section 5.02 of the CitY Charter permits the
appointment of special counsel where 'by reason of interest"
the City Attorney is unable to act in beha.lf of the city or
any of its departments ; and
WHEREAS, it appears that this is an appropriate case for the
appointment of special counsel, and the City Attorney ha.s so •
requested; now, therefore, be it
RESOLVED, tha.t Jeffrey R, Anderson, Attorney at Law, is hereby
appointed to represent the Director of the Department of HLUnan
Rights for the purpose of handling all legal ma.tters in the
processing of the claim of Bernice Carter in behalf of Michael
Eugene Carter vs . St. Paul Police Department; and, be it
FURTHER RESOLVED, that the fee for such services shall be
$40.00 per hour, provided, however, that the total fee sha.11 not
be in excess of a reasonable fee having reference to DR 2-106 of
the Code of Professional Responsibility.
COUIVCILMEN Requested by Department f:
Yeas Nays �
Butler
Hozza In Favor
Hunt
Levine � __ Against BY -- �
Maddox
Shewdi�t�r
�� MOV � o "
Adopted by uncil: Date 1978 Form Approv y City Attor
Certifi Pas� y Coun ' Sec et�ry BY
✓ �
t�p ov 'Vlavor: Da e _� � �� Ap ro e by Mayor for m ssion to Council
gY � �►'W�- B
p�gt.1SHED 0 E C��
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.� ��?�''�'� ��� � � 1��A��1 DEPARTMENT OF HUMAN RIGHTS
*� ..•
DONALD LEWIS
D I RECTO R
October 5, 1978
Ms. Suzanne Flinsch
Ci ty Attorney
Room 647
BUILDING
Re: Case #1275 - Bernice Carter in behalf of hiichael Eugene Carter vs.
St. Paul Police Department
Dear Ms. Flinsch:
The Human Rights Department has accepted the above-captioned charge
filed against the St. Paul Police Department. The corr�lainant has
alleged discrimination in Public Services based on race.
As the aforementioned case invol ves a di rect confl ict-of-interest
and since Assistant City Attorney Paul McCloskey has acknowledged
he is representing the St. Paul Police Department, I am requesting
that a council resolution be prepared to obtain legal counsel for
this department and charging party for the purpose of handling all
legal matters involved in this complaint.
Your prompt attention in expediting this request will be appreciated.
Sincerely,
.�°
0
Donald Lewis
Di rector
DL:ds
515 City Hall, Saint Paul, Minnesota 55102
612 298-4288
612 298-4144
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EXFT.�A�.�4:TION OF �iDM�NISTRATIVE ORflERS, �
RESOLUT�4NS; AND �URDINAI�T�S l
,
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N�vep�ber 2U, 1978 : `
t3ate: . _
:
RECLiVED
TQ.; .MAYOR GEORGE �,ATIMER
NQV 2 41978
�'R c i MAYQtt'$tieMic:s
Department of Human Rights. _ `
FtE:
Request �or special counsel to represent the Departanent.��<<,��
of Hu�c,�n Rights and charging party due t� "Conflict of` Interest° -
4.. � . . . . . ' . . � . . . . .. . _. . � . .. . . . . .� � ... .
. ' . . . . � . � � � � , . ' . . . . .. . . ' . . . . . . . . . . . . - . . ..� f �'
�,cTraN �Qcr�s��n: city'coun��i approY,a�
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PIJ�tF4;SE AND RATIONALE F4R THIS ACTIOl�T: ' . t?
To comply wi�h Chapter 74 of the St. Paul Legislative Code. °�
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ATTACI�3MENTS: . . � ;
Council Resolution
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