95-1071Council File T� S O L�
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RESO4UTfON
CIN OF SAINT PAUL, MI
Presented By
Referred To
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Committee: D&te
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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
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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.
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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
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3
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5
6
7
8
9
10
11
12
13
14
15
16
17
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20
21
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Council Fi1e � ` S — Lo `,�
Green Sheet � _�$�p_�_3
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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
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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)