95-1501 Council File # 95
Green Sheet # Wnr, o
• RE • UTION
F T PAUL, MINNESOTA r
Presented By tii)
Referred To Committee: Date
P- o 2
2 WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the
3 Administrative Code authorize the City Council, upon request of the City Attorney, to appoint
4 outside counsel and provide compensation therefore in cases where the City Attorney by
5 reason of interest or unusual circumstances cannot represent the City; and
6
7 WHEREAS, a former employee of the Library Department who has sustained
8 numerous work - related injuries, most recently to his hands on 7/17/95, objected to a
9 discontinuance of temporary disability benefits; and
10
11 WHEREAS, workers' compensation law is a very specialized and ever changing area
12 of practice with its own very specific procedural rules, filing requirements and legal
13 precedents' and
14
15 WHEREAS, attorneys in the civil litigation unit of the City Attorney's Office do not
16 specialize in workers' compensation law; and
17
18 WHEREAS, the case in particular raises some very important and complicated legal
19 issues in the workers' compensation area with respect to the retirement presumption, the
20 definition of permanent total disability, Gillette injuries, prior settlement, and unreported
21 injuries. Now, therefor, be it
22
23 RESOLVED, that by virtue of these unusual circumstances, Koll, Morrison &
24 Charpentier, under the direction of Laurence F. Koll, be hereby retained to provide legal
25 services and advice to the City of Saint Paul in defending this claim; and, be it
26
27 FURTHER RESOLVED, that the fee not exceed $105.00 per hours for Mr. Koll's
28 services, and that the fee for services from any other member of this law firm shall be at their
29 regular hourly billing rate, not to exceed $105.00 per hour; and, be it
30
31 FINALLY RESOLVED, that the total fees shall not be in excess of a reasonable fee
32 having reference to the appropriate provisions of the Code of Professional Responsibility.
p. 20-F2_ 9:5_/ J
Yeas Nays Absent
Blakey _---_— Requested by Department of:
Harris , ♦ `
Grimm .---- Guerin thy l Y
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Thune T BY: IP"!,./ , .4/A.C. ,
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Form Approved by Cit Attorney
Adopted by Council: Date - , , 7 /-- 5
Adoption C- tified b •- Secretary By: ..id `J 1 �_l1 Jill
B y : Approved by Mayor for Submission to
Council
Approved by Ma. et: Date , '11/tk,,-eg7414
By: . mi l ':. y'
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9:5 ,xs--al 1
EP.R DATE INmATED 1 V° 2 8 6 A
City Attorney 12/8/95 GREEN SHE' A � INRUILIDATE
4
CONTI PERSON & PHONE ❑ DEPARTMENT DIRECTOR in CRY COUNCIL
Frank Villaume III 266 -8770 Fon ❑CITY ATTORNEY ®CITY CLERK 4
MUST BE ON COUNCIL AGENDA BY (DATE) ROUTING El BUDGET DIRECTOR El FIN. & MGT. SERVICES DIR.
ORDER Op MAYOR (OR AttsisTANT) 0
TOTAL # OF SIGNATURE PAGES (CUP ALL, LOCATIONS FOR SIGNATURE) i t
ACTION REQUESTED: T
Authorization to retain outside counsel to represent the City of Saint Paul
in a workers' compensation claim. I
t
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 4-
PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department? 1
YES NO
— STAFF CIB COMMRTEE 2. Has this person/arm ever been a city employee?
YES NO i
_ DISTRICT COURT 3. Does this person/firm possess a skill not normally possessed by any currant city employee? 1
suPPORTS WHIM COUNCIL OBJECTIVE? YES NO
Explain all yes answers on separate sheet and attach to Seen sheet g
I
INmATING PROBLEM, ISSUE. OPPORTUNITY (Who; What. When, Where, Why):
An employee of the library has filed an objection to Discontinuance necessi-
tating a conference and examiners' ruling at the Work Comp Division. The re N1
issue, however, is entitlement to permanent total benefits (weekly lifetime
benefits). Accordingly, this will most likely go beyond the conference stag4
to a formal hearing. Complicated legal issues involve the retirement
presumption, definition of permanent total disability, Gillette injuries,
effect of a prior settlement, and unreported injuries. These issues and the
general complexity of the case necessitate the appointment of outside counse
ADVANTAGES IF APPROVED: who specializes in wrokers' compensation practice. F
I
The City of Saint Paul will be best represented in this workers'
compensation litigation.
1ECtIVED i .
i
DEC 1 2 jj
DISADVANTAGES IF APPROVED: �aaa/ s � �
Council Research lar� i V� i
None a
i
DEC 1 1995
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DISADVANTAGES IF NOT APPROVED: I
:Present staffing, practice areas and workloads impair the ability of the f
City Attorney's Office to present the best and most cost effective defense. 1
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t
4
h
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TOTAL AMOUNT OF TRANSACTION $ 5000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE General Government ACTIVITY NUMBER 09020 j
FINANCIAL INFORMATION: (EXPLAIN) A portion of the workers' compensation budget was set aside
for payment of outside counsel.
t
NOTE: COMPLETE DIRECTIONS ARC INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Budget Director
3. City Attorney 3. City Attomey
4. Mayor (for contracts over $15,000) 4. Mayor /Assistant
5. Human Rights (for contracts over $50,000) 5. City Council
8. Finance and Management Services Director 6. Chief Accountant, Fbance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS (all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the #of, pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REQUESTED
Describe what the project/request seeks to accomplish In either chronologi-
cal order or order of importance, whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue In question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
indicate which Council objective(s) your project/roquest supports by listing
the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city% liability for workers compensation claims, taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation; or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this Is simply an annual budget procedure required by taw/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this project/action.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this project/request produce if it is passed (e.g., traffic delays, noise,
tax increases or assessments)? To Whom? When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action Is not
approved? Inability to deliver service? Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the Issue you
are . addressing, In general you must answer two questions: How much is it
going to cost? Who is going to pay?