10-194Council File #��� 9S
Green Sheet # � 7
RESOLUTION
Presented by
PAUL, MINNESOTA
��
1 RESOLVED, that the Council of the City of Saint Paul does hereby appoint, upon request of the City
2 Attorney and for the purpose of preventing an impermissible conflict of interest on the part of the City
3 Attorney, the firm of James C Selmer & Associates, P.A., under the direction of attomey Jasnes C. Selmer,
4 as special counsel representing St. Paul Police Officer Derrick Boone in the matter of Dion Pennvwell v.
5 Derrick Boone; and be it
6
7 FURTHER RESOLVED, that the compensation to be paid for the services of said special counsel shall be
8 in accordance with the City Attomey Fee Policy established for the appoinhnents of all such special
9 counsel now and in the future, and the total fees to be paid to said special counsel shall be in accord with
10 such policy, will not exceed $175 per hour, shall be reasonable and shall take into account the factors listed
11 in Rule 1.5 ofthe Rules ofProfessional Conduct. The total fees paid shall not exceed
$10,000.
Bostrom
Carter
Stark
Thune
v
Adopted by Council: Date �
Absent Reg,uested by
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By: /
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App ved by
By: l
Approve
By:
Adoption Certified by Coun ' Secretary By:
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By: � LiJf9
Approved a or' Date � � ��6C7
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CITY AF
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmentlOffice/Council: !, Date Initiated: � � 0 J ���
cA-���AttomeY ,2FEBZO,a Green Sheet NO: 3098957
Contact Person 8 Phone:
Portia Hampton-Flowers
68774
Must Be on Council Agenda by (Date):
24-FEB-10
�,OOC.Type:RESOLUTION
��� E-Document Required: Y
i Document Contact:
I
, ContactPhone: 68774
� � 0 Cifv Attarnev
1 G7tY Attornev Deoartment Director
=�. Assign � 2 CiriAttornev CtiNAttornev
; Number �, 3 �yar's Office MavodAssistant !
For
' Routing � 4 C000�1 � Ctitv Council
�� Order 5 Ciri Clerk �� i City Clerk '
i Total # of Signature Pages _(Clip All Locations for Signature)
, Action Requested:
�
�
Approval of resolution appointing outside counsel for St. Paul Police Officer Demck Boone in the case of Dion Pennywell v. Derrick
Boone.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this person/frm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current cily employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City is required to defend and indemnify employees for all acts occurring within the scope and cowse of their duties. In order to
preserve all available defenses and litigation oprions, it is necessary to appoint outside counsel to avoid an impermissible conflict of
interest.
AdvantageslfApproved:
Avoids conflict of interest for City Attorney's Office.
Disadvantages If Approved:
None.
�I Disadvantages If Not Approved:
' If not approved, conflict of interest could disqualify City Attomey's Office from Yepresenting the City in a sepazate but zelated case.
Total Amount of
Trensaction:
Funding Source:
Financial I nformation:
(Explain)
Cosf/Revenue Budgeted: Y
General Government Accounts- pctivity tuumber: GL00109073
Outside Counsel
February 12, 2010 827 AM
Page 1
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FY 2010 Spending Waiver Request Form
Requesting Department: City AttO�ney O�ce — Litigation Division
1) Description of spending request:
Please list specific purchases that are being requested.
�Q�I �`�
Funds in the amount of approximately $10,000 to pay for outside counsel legal
services in Dion Pennvwell v. Derrick Boone to defend Officer Boone in the lawsuit
due to a conflict of interest on the part of the City Attorney's Office. If additional
funds are required, we will submit an additionai request.
Can this purchase be delayed until later in 2010? If so, how long can it be delayed?
No. The lawsuit involved has been served and the parties are under a tight
deadline to respond to the Complaint. The City needs to obtain outside counsel as
quickly as possible to ensure proper defense of our officer in this lawsuit.
Can this purchase be delayed until 2011?
No.
What is the service or business impact of delaying this purchase until later in the year or until next
year?
Please see above. And, the City would be at risk of much greater monetary
exposure.
2) 2009 budget authority:
Is this expense included in the 2009 budget?
• 2010 cost: $10,000
• Object Code: 0511
• Funding source: 01
• 5 digit budget activity #: 09073
If no, why not and what is the financing plan?
For additional information contact: Portia Hampton-Flowe�s, Asst. City Attorney, X6-8774
Name, Email and Phone
K
Department Approval: =-w
Di2ctor
Approved by Mayor's O�ce:
KVSUITS\P\Pennywell\Spentling Warve� Request Form 2010doc
City of Saint Paul
Interdeparhnental Memorandum
To: Margaret Kelly, OFS Director
From: Susan Melchionne, Budget Analyst
Subject: GS #3048957
Date: 2/16/2010
l�-���
The attached resolution requests approval for the City Attorney's Office to appoint outside counsel in
the matter of Dion Pennywell v. Derrick Boon, due to an impermissible conflict of interest on the part of
the city.
Companion spending waiver for $10,000 is # SP10-253.
Out of $100,000 budgeted for outside counsel (activity 09073), only $5,301.09 been spent to date in
2010.
OK to sign.
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