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95-1071Council File T� S O L� ��I���.9�,� RESO4UTfON CIN OF SAINT PAUL, MI Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 Committee: D&te 13 WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the Administrative Code authorize the City Council, upon request o£ the City Attorney, to appoint outside counsel and provide compensation therefor in cases where the City Attorney by reason of anterest or unusual circumstances cannot represent the City; and WHEREAS, an employee of Che Equipment Services Division has initiated a workers' compensation claim arising out of an alleged work related hand injury claim; and the City, having lost a hearing judgement, must appeal the matter to the WCCA; and WHEREAS, workers' compensation law is a very specialized and ever changing area of practice with its own very specific procedural rtiles, filing requirements and legal prececlerns; and WHEREAS, attorneys in the civil litigati�n section of the City Attorney's Office do not specialize in workers' compensation Iaw; and WHEREAS, this case raises some very important and complicated legal issues in the workers' compensation area with respect to suitability of job o£fer, extent of permanent partial disability, possible permanent total disability, and adequacy of job search, now, therefor, be it RESOLVBD, that by virtue of these unusual circumstances, Jardine, Logan & O'Brien, under the direction of Timothy Crom, is hereby retained to provide legal services and advice to the City in defending this claim; and, be it Green Sheet = � g � �_5 � � 2 3 4 5 6 7 8 f qs - FURTHER RESOLVED, that the fee not exceed $108.00 per hour for Mr. Crom's services and that the fee for services from any other member of this law firm shall be at their regular hourly hil3ing rate, not to exceed $108.00 per hour; and be it FINALLY RESOLVED, that the total fees shall not be in excess of a reasonabie fee having reference to the appropriate provisions of the Code of Personal Responsibility. ������—,��E��'°-�� 10�11 Requested by Department of: C tT`t 1��ryR,iv�C'[ ay ,�a��� �,.� Form Approved by City Attorney BY� —� )� ��� �+I � Appr By Approved by Mayor for Submission to Council BY � L%% �� �(lS Adopted by Council: Date �� �'Z�� Adoption Certified by Council Secretary . 9s - to�i � '` DEPARTMENT/OFFICE/COUNCIL DATE MIi1qTFA N� 2 8 6 4 5 City Attorney 8/31/95 GREEN SHEE CANTAC7 PERSON S PH04iE INITIAUDATE INRtAVDATE 266- � DEPAFTMENTOIRECTOR �CITVCOUNQL Frank Villaume 111 8�]70 N Y PFOF �CITYATrOflNEY �CINCLERK MUST 8E ON GOUNGLA6ENDA BY (DA'f� ROUTING O BUOGET DIRECTOR � fIN & MGT. SEflVICES DIR. OPDEH � MAVOR (OR ASSISTAN'f) � TOTA� # OF S4GNATURE PAGES (CLIP ALL LOCATfOP75 FOR SIGNATURE) ACTION BEQUESTED� Authorization to retain outside counsel to represent the City of Saint Paul in a workers' compensation claim. RECOMMENDATiONS: Approve (A) or Reject �A7 PEFiSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUESTIONS: _,. PIANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for Mis department? _ CIB COMMITTEE _ 1'ES NO � _ S7AFF 2. Has this person/tirm ever been a ciry employee? — YES NO _ DISTpICTCOUPT _ 3. DOeS th1S pefSOnffifm possess a skill not normally possessed by any curreM ciry employee? SUPP�RTS WHICH CAUNCII O&IEGTIVE? YES NO Ezplai� all yes answers on separate sheet antl attach ta green sheet INITIATING PR08LEM, ISSUE, OPPORiUNITY (WM1O, What, W�en, Where, Why) We have received an adverse ruling at the heariny level that could cost the City $720,000, and a new C1aim .Petition,based upon the adverse ruling, Por additional weekly benefits of at least $25,000. The claimant is a former em- ployee of Fire &.Police Equipment Services and involves several major issues: suitable job offer, extent of permanent partial disability, adequate job search, and possible permanent total disability. The inital adverse ruling must be appealed and necessitates the appointment o£ outside counsel who specializes in Workers' Com ensation ractice ADVANTAGESIFAPPflOVED The City of Saint .Paul will be best represented in this workers' compensation litigation. s�`? ��,:"��: - DISADVANTAGES IFAPPROVED: . , c . . , — None , ,, �. _. _, ������ *�?'?�`3�� �.'€ a�:�.� S�t `� � �995 OISADVANTAGES IF NOTAPPftOVED Present staffing, practice areas, and workloads impair the ability�of the City Attorney's Office to present the best and most cost ef£ective defense. TOTALAMOUNTOFTRANSACTtON $ 7500.00 COST/REVENUEBUDGEiED(ClRC1,EONE) YES NO FUNDItdGSOURCE General Government ACTfVITYNUMBER �902� FINANqAL INFORMATION. �EXPLAIN) � � � � � ���� �° RESOLUTION CITY OF SAINT PAUL, M Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Council Fi1e � ` S — Lo `,� Green Sheet � _�$�p_�_3 n �� Committee: Date WHEREAS, Section 5.02 of the Saint Paul City Cbarter and Section 3.04 of the Administrative Code authorize the City Council, upon request of tt�e City Attorney, to appoint outside counsel and provide compensation therefor in cases wbere tbe City Attomey by reason of interest or unusual circumstances cannot represent the City; and WHBREAS, an employee of the Equipment Services Division has initiated a workers' compensation claim arising out of an alleged work related hand injury claim; and ihe City, having Iost a he�ring judgement, must appeal the matter to tbe WCCA; and WHEREAS, workers' compensation law is a very speciafized and ever changing area of practice with its own very specific procedural rules, filing requirements and legal precedents; and WHEREAS, attorneys in the civil litigation section of the City Attorney's Office do not specialize in workers' compensation law; and WHEREAS, this case raises some very important and complicated legal issues in the workers' compensation area with respect to suitability of job o£fer, extent of permanent partial disability, possible permanent total disability, and aciequacy of job search, now, therefor, be it RESOLVED, that by virtue of these unusual circumstances, Jardine, Logan & O'Brien, under tbe direction of Timothy Crom, is hereby retained to provide legal services and advice to the City in defending this claim; and, be it . f � 2 3 4 5 6 7 8 °l s � FURTHER RESOLVED, that the fee not exceed �108.00 per hour for Mr. Crom's services and that the fee for services from any other member of this law firm shall be at their regular hourly billang rate, not to exceed $108.00 per hour; and be it FINALLY RESOLVED, that the total fees shall not be in excess of a reasonable fee having reference to the appropriate provisions of the Code of Personal Responsibility. ������� tb�t1 Requested by Depaxtment of: By Appx By � tiT`� #�'�li�v c� BY' `���� � Form Approved by Gity Attorney BY� _ _�J/"fr �� "�� Approved by Mayor for Submission to Council By��� �---�s�� Adopted by Council: Date �� \Z ��5 Adoption Certified by Gouncil Secretary qS-lo'�� DEPARTMENT/OFFICE/COUNC�L DATE INITIATED N� 2 8 6 4 5 City Attorney 8/31/95 GREEN SHEE CONTACT PERSON & PHONE INITIAUDATE INRIAVDATE Z66— �OEPARTMENT9IRECTOR �GINCOUNCII Frank V i l l aume I I I 8]�] NUM FOfl O CIN ATTOHNEY � CITV CIERK MUST RE ON COUNCII AGENOA eY (DATE) ROUTING � BUDGE! DIREGTOR � FIPo. & MGi SERVVGES DIR. QRDER � MAVOR (OR ASSfSTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIOfJS FOR SIGNATURE} ACTION REQUESTED' Authorization to retain outside counsel to represent the City of Saint Pau1 in a workers' compensation claim. RECOMMENDATIONS: Approve (A) or Rslec[ (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ qVIL SEPVICE COMMISSION �� Has this personttirm ever worketl under a oontract for this department? _ CIB COMMITTEE _ YES NO � _ STnFF 2. Has this personRirm ever been a city employee� — VES NO _ oISTRiC7 COUR7 _ 3 DoeS this person/firm possess a skill not normally possessetl by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE� YES NO Ezplain all yes answers on separate sheet and attach to green sheet INITIATING PPOBLEM, ISSUE, OPPOR7UNIT' 1'�'1ho, What. `Mien, WNere, W1iy)� We have received an adverse ruling at the heariny level that could cost the City $120,000, and a new Claim Petition,based upon the adverse ruling, for additional weekly benefits of at least $25,000. The claimant is a former em- ployee of Fire & Police Equipment Services and invalves several major issues: suitable job offer, extent of permanent partial disability, adequate job search, and possible permanent total disability. The inital adverse ruling must be appealed and necessitates the appointment of outside counsel who s ecializes in Workers' Com ensation ractice ADVANTAGESIFAPPROVED' The City of Saint .Pau1 will be best represented in this workers' compensation litigation. 6n'�X;i u`r?<i � DISA�VANTAGES IF APPROVED� `: �,a�.' ' . _ None �,t31:�,�x ��7��'s',�l �Xti- . ..... �� SEP 0 1 1995 DISADVANTAGES IF NOTAPPROVED� Present staffing, practice areas, and workloads impair the ability of the City Attorney's Office to present the best and most cost effective defense. 70TALAMOUNTOFTRANSACTION $ 7SOO.00 COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDIfdGSOURCE General Goverrunent ACTIVITYNUMBER � FINANCIAL INFORMATION: (EXPLAIN)