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95-57Council File # ��� OP�'�'�IAL CITY OF Presented By Referred To Green Sheet # 31201 RESOLUTION 41NT PAUL, MINNESOTA Committee: Date 1 9 WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the Adnunistrative Code authorize the City CouncIl, upon request of the City Attorney, to appoint special counsel and compensation therefor in cases of conflict or of special circumstances; and WHEREAS, Police Office Harm Modder, while acting in the course and scope of his employment, claims to have sustained personal injuries as a result of a motor vehicle accident on October 2, 1992, when he wllided with a vehicle driven by G�nthia Ferdig while in pursuit of Undra Welch, an individual believed to be engaging in criminal activity; and WHEREAS, Welch was operaUng an uninsured motor vehicle and the City of Saint Paul, as an authorized self-insured reparation obligor, provides uninsured motorists coverage at the statutory minimum; and WHEREAS, Office Modder has brought suit against the City of Saint Paul (for uninsured motorisYs benefits) as well as against Ferdig and against Welch and the City Attorney is defending against the uninsured motorist claixn; and WHEREAS, Ferdig has filed a counterclaim and crossclaim alleging inter alia that she was injured because of the alleged negligent conduct of Officer Modder; and WHEREAS, if the City Attorney were to jointly represent the City of Saint Paul in defense of Officer Modder's uninsured motorist claim, and Officer Modder and the City of Saint Paul in defense of Ferdig's claim, it would create an actual conflict of interest contrary to the provisions of the Minnesota Rules of Professionai Conduct; and WHEREAS, if outside counsel is appointed to represent the City of Saint Paul and Officer Modder in defense of Ferdig's counterclaim, the Ciry Attorney could continue to represent the City of Saint Paul in the defense of the uninsured motorist claim; now, therefor, be it RESOLVED, that by virtue of the aforesaid circumstances, the law firm of King & Hatch be retained to represent and defend the City of Saint Paul and Officer Modder in the counterclaim and crossclaim brought by Ferdig; and, be it FURTHER RESOLVED, that the defense wili be directed by paztner Lawrence R. King, whose billing rate is $115.00 per hour, and such associates of his firm as he may request to assist him, at an hourly billing rate of $90.00; and, be it FURTHER RESOLVED, that the total fee shall not be in excess of reasonable fees having reference to the appropriate provisions of the Rules of Professional Conduct; and, be it � � 2 3 4 5 6 7 8 9 10 �15-5� FURTHER RESOLVED, that the firm of King & Hatch is specifically not authorized to commence any action on behalf of Officer Modder against any other party, including counterclaims and crossclaims; and, be it FINALLY RESOLVED, that the Ciry Attorne�s Office will represent the City of Saint Paul in the defense of the uninsured motorist claim. Requested by Department of: .�i A�fitorn�e� By:,�i�Q�l�4�.���tL. Adopted by Council: Date � \��� Form Approved by City Attorney Adoption Certified by Counci Secretary S �� By: $ y ° �' pproved by Mayor for Submission to Council Approved by M Date �/ / �� ` �^24 � p �• n f.� . � n By'� � �� By: At Frank E. Villaume III, 68775. TOTAL # OF SIGNATURE PAGES GREEN SHEET O OEPARTMENT DIRECTOR FOp � CfiYATTORNEV � BUDGET DIRECTOR ■ a MAYOR (OR ASSISTANT) (CL{P ALL IOCATIONS FOR SfGNATUR£) q5 �6�- N_ 31201 mum CITY COUNGII CITY CLERK FIN. & MGT. SERVICES Dlq, Approval o£ resolution to appoint outside counsel for the City of Saint Paul and 0£ficer Harm Modder 1n counterclaim and crossclaim brought by Cynthia Ferdig, in Modder v. Welch et'al. _ PLANNMCa COMMISSION _ ( _ CIB COMMI77EE _ _ _ 5TAFF _ ' _ DISTpICTCAURT _' SUPPORT$ WH1CN COUNCIL OBJECiNE4 PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 7. Has thfs personlfirm ever worked untler a contract for fhis departmeM? - YES NO 2. Has this personttirm ever been a ciry employee� YES NO 3. Does this personHirm possess a swll not nortnally possessed by any current city employee? YES NO Explain all yes answers on separete sheet and attech to green sheet NITIATING PROBLEM, ISSUE, OPP�RTUNITY (Wno, What. When. Where, Why) The City of Saint Paul is required to provide uninsured mo�orists coverage fo injuries arising out of its self-insured motor vehicle operations. In additi the City of Saint Paul is required to de£end and indemnify its employees for alleged acts occuring during the course and scope of their duties. Zn this case, an actual conflict of interest exists where the City of Saint Paul is defending against an uninsured motorist claim brought by an employee and, in the same action, a claim is asserted against that employee alleging that he was nealiaent. Avoids conflict oi interest for City Attorney's Office. 6t��.�b�� JA� �4 1995 �����'(�i�`5 ��FICE None ����'� ���??G.� �i.��s ��� � � ��� Because of tne conflict o£ interest, the City o£ Saint Paul cannot proviae a defense to Officer Modder ana tne City of Saint Paul. TOTAL AMOUNT OF TRANSACTION $ S, 000 . OO FUNDINGSOURCE General Gcvernment accounts PINANCIALINFORMATION:(E%PLAIN) �Ut.S1Cl2 Counsel COST/HEVENUE BUDGETED (CIRCLE ONE) YES NO ACTIVITYNUMBER 09073