95-25�• Council File # J '� �
0 R i G I�f A L Green Sheet # ZgyZ7
RESOLUTION '�
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
1 WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the
2 Administrative Code authorize the City Council, upon request of the City Attomey, to
3 appoint outside counsel and provide compensation therefor in cases where the City Attomey
4 by reason of interest or unusual circuzustances cannot represent the City; and
6 WHEREAS, a subsequent employer of a former employee of the Police Department
7 has initiated a worker's compensation claim for contribution arising out of an alleged work
8 related shoulder injury claim; and
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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 apportionment, and Second Injury Fund
registration and reunbursement; now therefor, be it
RESOLVED, that by virtue of these unusual circumstances Koll, Morrison,
Charpentier & Crawford under the direction of Kent Charpentier, is hereby retained to
provide legal services and advice to the City in defending this claim; and, be it
FURTHER RESOLVED, that the fee not exceed $108.00 per houz for Mr.
Charpentier's services and that the fee for services from any other member of this law firm
shall be at their regulaz hourly billing rate, not to exceed $108.00 per hour; and be it
.
95-�
1 FINA.LLY RESOLVED, that the total fees shall not be in excess of a reasonable fee
2 ha�ing reference to the appzopriate provisions of the Code of Professional Responsibility.
3
Requested by Department of:
By:
Appi
By'
Ci Attorney
BY: ����`r�_ � u��'�-
Form Approved by City Attorney
BY:, �1 c��a��
Approved by Mayor for Submission to Council
BY: '�� � � ��'�
Adopted by Council: Date �
Adoption Certified by Counc' Secretary
~ as-a�
DEPARTMENT/OFFICE/CqUNCIL �ATE INITIATEO � O � " � � �
City Attorney oFt��e 12-19-94 GREEN SHEE
CANTACT PERSpN 8 PHONE INITIAVOATE INITIAVDATE
QDEPARTMEPfrDIRECTOR �CITYCAUNdL
FYank Villaiane 111 266-8775 q �� r ' N � CRYA7TOFNEY � qTYCLEflK
NUYBENFON
MUST BE ON CAUNCIL AGENDA BY (DATE) p00TING BUD6ET �IRECTOR � FIN. & MGT. SERVICES DIR.
�R�� � MAYOA (OA ASSISTANn ❑
1�
TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION RE�UESTED: .
Authorization to retain outside counsel to represent the City of St_ Paul in a
workers' canpensation claim. .
RECOMMENDATIONS: Approve (A) or Rejec[ (fl) pEFiSONAL SERVICE CON7RAC7S MUST ANSWER THE FOLLOWING DUESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirtn e�er worked u�tler a crontract for this tlepartment?
__ CIB COMMITfEE
YES NO
— � AF � 2. Has this personRirm e�er been a ciry employee?
— YES NO
, DiS7RiC7 CoUar _ 3. Does this person/firm possess a skill not normally possessed by any currem city employee?
SUPPORTS W HICH COUNqL OBJECTNE? YES NO
Explafn all yes answers on separate sfieet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where. Why)� �
We ha�e zeceived a Petition for Contribution for a claim against a subsequent employer by
a former maintenance employee of We Police Department. This goes hack to a 1985 injury
and involves several major issues, including apportionment and Second Injury Fund
xegistration and reimbursement. This is a large claim: claimant has been paid approx.
$300,000 in benefits and we are being asked for 1/3 contribuuon.
ADVANTACaESIFAPpROVED:
The City of Saint Paul will be best represented in this workers' compensadon litigation.
�����W
�EC 2 7 1994
DISADVANTAGES IFAPPROVED: � ' "� �
None C���&�� �'���.'^�� �:1#�i'
o�C � � �994
DISADVANTAGES IF NOT APPROYED. � - "`° °""""""�'`°�'
Present staffing, practice areas and workloads impair the ability of the City Attorney's Office
to present the best and most cost effective defense.
TOTAL AMOUNT OF TRANSACTION $ 6, OOO. OO COST/REVENUE BUDGETED (CIqCLE ONE) YES NO
FUNDIfdG SOURCE ��ral C�vermnent pCTIVI7Y NUMBEq � �
FINANCIA� INFORMATION. (EXPLAIN)