02-1019Council File # 0 �- � � O ��
Green Sheet # 2 U 0 ( �t�
Presented By
Refened To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
3�0
Committee: Date
1 RESOLVED, that the proper City officers aze hereby authorized and directed to pay Collins,
2 Buckley, Sauntry & Haugh and Mark Gehan the sum of $24,548.81 (out of Tort Liability Fund
3 09070-0511) in full settlement of the claims for attorneys fees arising out of the following cases:
4 Mark P. Wieeel, and the Saint Paul Police Federation. a Minnesota Association, vs. Citv of Saint
5 Paul and John C. Hamilton. Director of the Office of Human Resources. District Court File No.
6 62-C9-99-007554; and Gerald A. Simon. Allen J. Leopold and Saint Paul Fire Fiehters L,ocal 21.
7 a Minnesota Association. vs. Citv of Saint Paul and John C. Hamilton. Director of the Office of
8 Human Resources. District Court File No. 62-C8-99-010574.
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COURT
DATED: ��°�� � �C� �
APPROVED:
Departmentloffice/council: Date Initiated Green Sheet No . 200178 Q a, ��0�9
Office of City Attorney October 29, 2002
CoMact Person 8 Phone: Initiaudate Ini�aUdate
Jerry Hendrickson 68720 �
n���t Dv. 3 csry co��a
Must Be on Council Agentla by (Date) Ass�9� 1 City Attomey _ City Cterk
NUmbef Financial Serv Dir. Financial Serv/
For 2 MaYor (Or Ass[.) _ Civil Service Commission
11-6-OZ Routing
Order
Total # of Signature Pages 2 (Clip All Locations for SignaWre)
acuon rteyuesced: Authorization to pay Collins, Buckley, Sauntry & Haugh and Mazk Gehan the sum of $24,548.81
(out of Tort Liability Fund 09070-0511) in full settlement of the of the claims for attorneys fees arising out of the
following cases: Mark P. Wiesel. and the Saint Paul Police Federation, a Miunesota Association. vs. City of Saint
Paul and John C. Hamilton. Director of the Office of Huxnan Resources. District Court File No. 62-C9-99-007554;
and Gerald A. Sunon. Allen J. Leo�old and Saint Paul Fue Fighters Loca121, a Minnesota Associarion, vs. City of
Saint Paul and John C. Hamilton Director of tlae���lice of Human Resources. District Court File No. 62-C8-99-
010574. ��ty �'
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Recommendations: Approve (A) or Rejed (R) Personal Service Contrac7s Must Answer the Following Questions:
1. Has this person/f rm ever worked under a contract for this department?
Planning Commission Yes No
CIB Committee 2. Has this person/firtn ever been a city employee?
Civil Service Commission Yes No
3. Does this person/firm possess a skill not normally possessed by any current city
employee? Yes No -
Explain all yes answers on separate sheet and attacfi io green sheet
Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why): ITl tlleSe CBSeS, C0T[5111 0ri1p10y00S 3rid t1101Y ill110riS SUOd
under the Minnesota Government Data Practices act to obtain access to notes and other data about the employees
created as part of the examinations for police sergeant and fire captain. The district court ordered the Department
of Human Resources to provide access, but refused to awazd attorney's fees on the grounds it had not authoriaty to
award fees. On appeal the Court of Appeals affirmed, but ultimately, the Supreme Court reversed and remanded,
finding that the district had the discretion to award fees. The district court currently has under advisement the
motion for attorney's fees. The Office of City Attorney negotiated a 20% percent discount on the fees and
recommends approval.
ad�an�ages ir nPpro�ea: The City will receive a 20% discount on the amount it is reasonably likely to be ordered to pay.
oisaaYantayes it.a�,Pro�ed The City will forego the possibility that the district court will not order it to pay the fees.
o�saa�ancage5 �t Not aPP�o�ed: The CiTy faces the possibility that the district court will order it to pay 20% more in fees.
Total Amount of Trensaction: $$24,548.81 CastlRevenue Budgeted:
Funding Source: Tort Liability Fund 09070-0511 Activity Number:
Financial Information: (Explain)
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