01-596Council File # O 1 � $al (.
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
GreenSheet# lO�lt�o
\3
Committee: Date
1 WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the
2 Administrative Code authorize the City Council, upon request of the City Attorney, to appoint
3 special counsel andprovide compensation therefore in cases of conflict or of special circumstances;
4 and
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WHEREAS, on May 16, 2001, a Notice of Lawsuit and Request for Waiver of Service of
Summons, Waiver of Service of Summons, and Complaint entitled Kathleen O'Connor and Julie
Tosse� Piaintiffs vs. City of St. Paul. Timothv K. Fuller. Garv Olding, Mark Robertson. Patrick
Smith. 3ohn Hamilton, MavorNorm Coleman and Chris Cook, Defendants was delivered to the City
Attorney's Office; and
WHEREAS, Minn. Stat. §466.07 requires the City of Saint Paul to defend and indemnify
employees acting witrrin the scope and course of their duties who are not guilty of malfeasance in
office, willful neglect of duty or bad faith; and
WHEREAS, Gary Olding is sued both in his capacity as President ofFire Fighters Loca121
and Assistant Fire Chief; and
WHEREAS, the City Attorney's Office intends to represent the City of Saint Paul, Mayor
Coleman, Chief Fulier and Messrs. Hamilton, Robertson and Cook; and
WHEREAS, the recommendation to the City Attomey is that the City is obligated to defend
Mr. Olding only in his capacity as Assistant Fire Chief and to neither defend nar indemnify him in
his capacity as President ofFire Fighters Loca121; and
WHEREAS, if the City Attorney wishes to represent Mr. Olding, it would be unable to
advance certain defenses against him in his capacity as President ofFire Fighters Loca121, thereby,
creating a conflict of interest; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul does hereby appoint, upon request
of tlae City Attorney for the purpose of preventing an impermissible conflict of interest on the part
of the City, the firm of Hansen, Dordell, Bradt, Odlang & Bradt under the direction of attorney John
H. Guthmann, as special counsel representing Assistant Fire Chief Gary Olding in the above-
referenced lawsuit; and be it
�
1 FL3RTHER RESOLVED, that the compensation to be paid for the services of said special �, �� /
2 counsel shall be in accordance with the City Attomey Fee Policy, established for the appointment
3 of all such special counsel now and in the future, and the total fees to be paid to said special counsel
4 shall be in accord with such policy, will not exceed $140 per hour, sball be reasonable and shall take
5 into account the factors listed Rule 1.5 of the Rules of Professionai Conduct.
Requested by Department of:
� }
By: ���� U
�
Form Approv City "titorney
By: __.�. _ ��yC��[��.s5y�� C.�dTi�"� ✓y
J l / /
ApprovPd bv Mayor for Sybmissiog to Council
BY &y:
Approved by Mayor: nate 'U� �' ��
By:
�
r
Adopted by Council: Date 7 c}-bCOS
Adoption Certified by Counci ecxetary
01-Sq4
Ci
�AOT��&� 266-8717
Clayton M. Robinson, Jr.
�re��
6J6/Ol
TOTAL # OF S4GNATURE PAGES
GREEN SHEET
oannra�rq�ort
No 1��1�0
ancaura.
�
m..,,� r� �.�
❑..�.�,�.�.. ❑.:�.�.�,�
���.,,,�..�, �'`�� ❑
(CIIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution appointing outside counsel for Assistant Fire Chief
Gary Olding in the case of Rathleen O'Connor and Julie Tossey vs. City of
St. Paul, et al. Oldinq is being sued both in his capacity as Assistant F
Chief and President of Fire Fighters Local 21.
PLANNING CAMMISSION
GB CAMMITTEE
CML SERVICE COMMISSION
Has avs persoMr�m eret.�«I�tl waa a oamracc r« mia aecanmenrr
YES NO
Fi� tlxs peBONflnn evc 6een a aty empbyee9
YES NO
Dues this P��rm W� a slti0 not riamalNC� M enY arterit cilY emPbY�"1
YES NO
IatlNS peBOnifirm a tarpe4eO veMOY7
YES NO
Yain all ves answeis m aeoa2te sfieM aM altaUf W areen sheet
The City is required to defend and indemnify employees for all acts occurring
within the scope and course of their duties. The recommendation to the City
Attorney is that it provide a defense to Olding only in his capacity as
Assistant Fire Chie£. In order to preserve a11 available defenses and-litiga
options, it is necessary to appoint outside counsel to avoid an impermissible
conflict of interest.
�DVAMAGES iF APPRWED
Avoids conflict oP interest for City Attorney's Of�ice.
If not approved, conflict of interest situation would prevent the City
Office from asserting a11 available d efen s e s, an d litigation options.
OFTRANSACTIONt UR]t310WT1
COST/REVENUE BUD6Efm (qRCLE ONE7
SOURCE General Government Accounts ��, GL00109073
Outside Counse
!NFORAIATON(IXPWN)
O NO
on
Council File # O 1 � $al (.
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
GreenSheet# lO�lt�o
\3
Committee: Date
1 WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the
2 Administrative Code authorize the City Council, upon request of the City Attorney, to appoint
3 special counsel andprovide compensation therefore in cases of conflict or of special circumstances;
4 and
10
11
12
13
14
15
16
1?
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19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
WHEREAS, on May 16, 2001, a Notice of Lawsuit and Request for Waiver of Service of
Summons, Waiver of Service of Summons, and Complaint entitled Kathleen O'Connor and Julie
Tosse� Piaintiffs vs. City of St. Paul. Timothv K. Fuller. Garv Olding, Mark Robertson. Patrick
Smith. 3ohn Hamilton, MavorNorm Coleman and Chris Cook, Defendants was delivered to the City
Attorney's Office; and
WHEREAS, Minn. Stat. §466.07 requires the City of Saint Paul to defend and indemnify
employees acting witrrin the scope and course of their duties who are not guilty of malfeasance in
office, willful neglect of duty or bad faith; and
WHEREAS, Gary Olding is sued both in his capacity as President ofFire Fighters Loca121
and Assistant Fire Chief; and
WHEREAS, the City Attorney's Office intends to represent the City of Saint Paul, Mayor
Coleman, Chief Fulier and Messrs. Hamilton, Robertson and Cook; and
WHEREAS, the recommendation to the City Attomey is that the City is obligated to defend
Mr. Olding only in his capacity as Assistant Fire Chief and to neither defend nar indemnify him in
his capacity as President ofFire Fighters Loca121; and
WHEREAS, if the City Attorney wishes to represent Mr. Olding, it would be unable to
advance certain defenses against him in his capacity as President ofFire Fighters Loca121, thereby,
creating a conflict of interest; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul does hereby appoint, upon request
of tlae City Attorney for the purpose of preventing an impermissible conflict of interest on the part
of the City, the firm of Hansen, Dordell, Bradt, Odlang & Bradt under the direction of attorney John
H. Guthmann, as special counsel representing Assistant Fire Chief Gary Olding in the above-
referenced lawsuit; and be it
�
1 FL3RTHER RESOLVED, that the compensation to be paid for the services of said special �, �� /
2 counsel shall be in accordance with the City Attomey Fee Policy, established for the appointment
3 of all such special counsel now and in the future, and the total fees to be paid to said special counsel
4 shall be in accord with such policy, will not exceed $140 per hour, sball be reasonable and shall take
5 into account the factors listed Rule 1.5 of the Rules of Professionai Conduct.
Requested by Department of:
� }
By: ���� U
�
Form Approv City "titorney
By: __.�. _ ��yC��[��.s5y�� C.�dTi�"� ✓y
J l / /
ApprovPd bv Mayor for Sybmissiog to Council
BY &y:
Approved by Mayor: nate 'U� �' ��
By:
�
r
Adopted by Council: Date 7 c}-bCOS
Adoption Certified by Counci ecxetary
01-Sq4
Ci
�AOT��&� 266-8717
Clayton M. Robinson, Jr.
�re��
6J6/Ol
TOTAL # OF S4GNATURE PAGES
GREEN SHEET
oannra�rq�ort
No 1��1�0
ancaura.
�
m..,,� r� �.�
❑..�.�,�.�.. ❑.:�.�.�,�
���.,,,�..�, �'`�� ❑
(CIIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution appointing outside counsel for Assistant Fire Chief
Gary Olding in the case of Rathleen O'Connor and Julie Tossey vs. City of
St. Paul, et al. Oldinq is being sued both in his capacity as Assistant F
Chief and President of Fire Fighters Local 21.
PLANNING CAMMISSION
GB CAMMITTEE
CML SERVICE COMMISSION
Has avs persoMr�m eret.�«I�tl waa a oamracc r« mia aecanmenrr
YES NO
Fi� tlxs peBONflnn evc 6een a aty empbyee9
YES NO
Dues this P��rm W� a slti0 not riamalNC� M enY arterit cilY emPbY�"1
YES NO
IatlNS peBOnifirm a tarpe4eO veMOY7
YES NO
Yain all ves answeis m aeoa2te sfieM aM altaUf W areen sheet
The City is required to defend and indemnify employees for all acts occurring
within the scope and course of their duties. The recommendation to the City
Attorney is that it provide a defense to Olding only in his capacity as
Assistant Fire Chie£. In order to preserve a11 available defenses and-litiga
options, it is necessary to appoint outside counsel to avoid an impermissible
conflict of interest.
�DVAMAGES iF APPRWED
Avoids conflict oP interest for City Attorney's Of�ice.
If not approved, conflict of interest situation would prevent the City
Office from asserting a11 available d efen s e s, an d litigation options.
OFTRANSACTIONt UR]t310WT1
COST/REVENUE BUD6Efm (qRCLE ONE7
SOURCE General Government Accounts ��, GL00109073
Outside Counse
!NFORAIATON(IXPWN)
O NO
on
Council File # O 1 � $al (.
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
GreenSheet# lO�lt�o
\3
Committee: Date
1 WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the
2 Administrative Code authorize the City Council, upon request of the City Attorney, to appoint
3 special counsel andprovide compensation therefore in cases of conflict or of special circumstances;
4 and
10
11
12
13
14
15
16
1?
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
WHEREAS, on May 16, 2001, a Notice of Lawsuit and Request for Waiver of Service of
Summons, Waiver of Service of Summons, and Complaint entitled Kathleen O'Connor and Julie
Tosse� Piaintiffs vs. City of St. Paul. Timothv K. Fuller. Garv Olding, Mark Robertson. Patrick
Smith. 3ohn Hamilton, MavorNorm Coleman and Chris Cook, Defendants was delivered to the City
Attorney's Office; and
WHEREAS, Minn. Stat. §466.07 requires the City of Saint Paul to defend and indemnify
employees acting witrrin the scope and course of their duties who are not guilty of malfeasance in
office, willful neglect of duty or bad faith; and
WHEREAS, Gary Olding is sued both in his capacity as President ofFire Fighters Loca121
and Assistant Fire Chief; and
WHEREAS, the City Attorney's Office intends to represent the City of Saint Paul, Mayor
Coleman, Chief Fulier and Messrs. Hamilton, Robertson and Cook; and
WHEREAS, the recommendation to the City Attomey is that the City is obligated to defend
Mr. Olding only in his capacity as Assistant Fire Chief and to neither defend nar indemnify him in
his capacity as President ofFire Fighters Loca121; and
WHEREAS, if the City Attorney wishes to represent Mr. Olding, it would be unable to
advance certain defenses against him in his capacity as President ofFire Fighters Loca121, thereby,
creating a conflict of interest; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul does hereby appoint, upon request
of tlae City Attorney for the purpose of preventing an impermissible conflict of interest on the part
of the City, the firm of Hansen, Dordell, Bradt, Odlang & Bradt under the direction of attorney John
H. Guthmann, as special counsel representing Assistant Fire Chief Gary Olding in the above-
referenced lawsuit; and be it
�
1 FL3RTHER RESOLVED, that the compensation to be paid for the services of said special �, �� /
2 counsel shall be in accordance with the City Attomey Fee Policy, established for the appointment
3 of all such special counsel now and in the future, and the total fees to be paid to said special counsel
4 shall be in accord with such policy, will not exceed $140 per hour, sball be reasonable and shall take
5 into account the factors listed Rule 1.5 of the Rules of Professionai Conduct.
Requested by Department of:
� }
By: ���� U
�
Form Approv City "titorney
By: __.�. _ ��yC��[��.s5y�� C.�dTi�"� ✓y
J l / /
ApprovPd bv Mayor for Sybmissiog to Council
BY &y:
Approved by Mayor: nate 'U� �' ��
By:
�
r
Adopted by Council: Date 7 c}-bCOS
Adoption Certified by Counci ecxetary
01-Sq4
Ci
�AOT��&� 266-8717
Clayton M. Robinson, Jr.
�re��
6J6/Ol
TOTAL # OF S4GNATURE PAGES
GREEN SHEET
oannra�rq�ort
No 1��1�0
ancaura.
�
m..,,� r� �.�
❑..�.�,�.�.. ❑.:�.�.�,�
���.,,,�..�, �'`�� ❑
(CIIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution appointing outside counsel for Assistant Fire Chief
Gary Olding in the case of Rathleen O'Connor and Julie Tossey vs. City of
St. Paul, et al. Oldinq is being sued both in his capacity as Assistant F
Chief and President of Fire Fighters Local 21.
PLANNING CAMMISSION
GB CAMMITTEE
CML SERVICE COMMISSION
Has avs persoMr�m eret.�«I�tl waa a oamracc r« mia aecanmenrr
YES NO
Fi� tlxs peBONflnn evc 6een a aty empbyee9
YES NO
Dues this P��rm W� a slti0 not riamalNC� M enY arterit cilY emPbY�"1
YES NO
IatlNS peBOnifirm a tarpe4eO veMOY7
YES NO
Yain all ves answeis m aeoa2te sfieM aM altaUf W areen sheet
The City is required to defend and indemnify employees for all acts occurring
within the scope and course of their duties. The recommendation to the City
Attorney is that it provide a defense to Olding only in his capacity as
Assistant Fire Chie£. In order to preserve a11 available defenses and-litiga
options, it is necessary to appoint outside counsel to avoid an impermissible
conflict of interest.
�DVAMAGES iF APPRWED
Avoids conflict oP interest for City Attorney's Of�ice.
If not approved, conflict of interest situation would prevent the City
Office from asserting a11 available d efen s e s, an d litigation options.
OFTRANSACTIONt UR]t310WT1
COST/REVENUE BUD6Efm (qRCLE ONE7
SOURCE General Government Accounts ��, GL00109073
Outside Counse
!NFORAIATON(IXPWN)
O NO
on