266316 WH17E - CITV CLERK COl1IlC11 ����1�
PINK - FINANCE �
CANARY - DEPARTMENT GITY OF SAINT PALTL �R
BLU6. -,MAVOR File NO.
-- o ncil Resolution �
Presented By �
Referred To Committee: Date
Out of Committee By Date
WHEREAS, James E. Finley ha.s been employed in the
Office of the City Attorney from on or about March 3, 1973,
as an Assistant City Attorney; and
WHEREAS, he has performed all assigned duties during
tha.t period of time with the highest professiona.l integrity
and competence; and
WHEREAS, Mr. Finley ha.s reached the age of 65 on October
26, 1975, which fact would require him to retire from employ-
ment in the Office of the City Attorney under the provisions
of Minnesota Laws 1965, Ch. 781, which pzovisions remain
applicable under Section 18.11 of the City Charter; and
WHEREAS� Mr. Finley ha.s commenced legal action in Ramsey
County District Court challenging the compulsory age retirement
statute on several grounds, and through his attorneys, unsuc-
cessfully sought a temporary Order enjoining the City from
enforcing the retirement statute pending the eventual decision
on the case, an effort which the City did not oppose; and
WHEREAS, the complaint initiating tY�e lawsuit has been
served on the City on October 28, 1975, and presents serious
and substantial chaTlenges to the said Cha.p��r 781, and ma.y
take in excess of one yeax to resolve; and
WHEREAS, the City Attorney would be forced to hire an
attorney to replace Mr. Finley; and
WHEREAS, in the event Mr. Finley is successful in his
lawsuit, the City will be required to reinstate hi.m and pay
him back wages from November 1, 1975, thus causing the City
COUNCILMEN Requested by Department of:
Yeas Nays
Christensen
Hozza [n Favor
Levine
Rcedler Against BY
Sylvester ,
Tedesco
President Hunt
Adopted by Council: Date Form Approved by City Attorney
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
,
By By
WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council ����16 .
CANARY - DEPARTMENT
BLUE� -.M/LyOR � - Fll@ NO. �
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
to pay a double salary for one position, creating an unnecessary
financial burden to the taxpayers; and
WHEREAS, the City Attorney is desirous of using and con-
tinuing to use the experience and legal competence acquired by
Mr. Finley in the course of his career, and avoiding the payment
of double wages; and '
WHEREAS� the above facts constitute special and unusua.l
circumstances within the mea.ning of Section 5.02 of the City
Charter, justifying the appointment of special counsel; now,
therefore, be it -
RESOLVED� that City Attorney Pierre N. Regni�r is authorized
to appoint Mr. James E. Finley as special counsel to the City,
under his direction and control, to perform those tasks for
which it would otherwise be necessary to engage a replacement
during the pendency of the litigation; and be it
FURTHER RESOLVED� tha.t the duration of such appointment
shall be as long as the above litigation is pending, subject
to change or termina.tion by Council resolution; and be it
FURTHER RESOLVED� that the rate of compensation for said
special counsel shall be $839.00, paid every two weeks.
COUNCILMEN Requested by Department of:
Yeas Nays
Chtistensen �
� Hunt In Favor
Levine Q
Rcedler Agaitlst BY —
Sylvester
Tedesco
President� Hozza
� � � Form A by City Attorne
Adopted by Counci • Date �
Certifi asse ouncil S cretary� BY
By
Approv by Mayor: D t 5 � Approved by Mayor for Submission to Council
By By
PUBUSNED N OV 1 � ��