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