95-1502 Council File #
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Green Sheet # 47;O yo?"
RESOLUTION
• ' AINT PAUL, MINNESOTA /G
Presented By 7
Referred To Committee: Date
1 p. IofZ
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, an employee of the Fire Department has filed a workers' compensation
8 Claim Petition seeking benefits from an alleged work related cancer claim; and
9
10 WHEREAS, attorneys in the civil litigation unit of the City Attorney's Office do not
11 specialize in workers' compensation law; and
12
13 WHEREAS, this case raises some very important and complicated legal issues in the
14 workers' compensation area, including an interpretation of the cancer "presumptive statute,"
15 which necessitate the appointment of outside counsel who specializes in this area of practice;
16 now therefore, be it
17
18 RESOLVED, that by virtue of these unusual circumstances, Jardine, Logan & O'Brien,
19 under the direction of Timothy Crom, be hereby retained to provide legal services and advice
20 to the City of Saint Paul in defending this claim; and, be it
21
22 FURTHER RESOLVED, that the fee not exceed $110.00 her hour for Mr. Crom's
23 services, and that the fee for services from any other member of this law firm shall be at their
24 regular hourly billing rate, not to exceed $110.00 per hour; and, be it
25
26 FINALLY RESOLVED, that the total fees shall not be in excess of a reasonable fee
27 having reference to the appropriate provisions of the Code of Professional Responsibility.
p.2of 2 9S-isoa.
Yeas Nays Absent Requested by Department of:
Blakey ✓
Harris �
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Guerin —77—
Rettman __77,___ �UV!
Thune By:
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Form Approved by City Attorney
Adopted by Council: Date f
Adoption C ified by (i _I_O Secretary By: 4a#2140.M
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By: Ar1 Approved by Mayor for Submission to
Approved by Ma / Date Council
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By : ,',
95 P-
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED 11° 2 8 6 21
City Attorney 12/11/95 GREEN SHEET
CONTACT PERSON & PHONE E3 DEPARTMENT DIRECTORIN TE ® CITY COUNCIL INITtAUDATE
Frank Villaume III 266 -8770 ASSIGN FOR ❑ CITY ATTORNEY J CITY CLERIC
NUMMI MUST BE ON COUNCIL AGENDA BY (DATE) ROUTING El BUDGET DIRECTOR p FIN. & MGT. SERVICES DIR.
ORM El MAYOR (OR ASSISTANT)
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Authorization to retain outside counsel to represent the City of Saint Paul;
in a workers' compensation claim.
RECOMMENDATIONS: Approve (A) or Reject (R)
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_
PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department?
CIS COMTTEE YES NO
MI
2. Has this person/firm ever been a dry employes? 1
_ STAFF _
YES NO
_ DISTRICT COURT 3. Does this person/firm possess a skill not normaly possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yea answers on eeparata shoot and attach to groin sheet
INRIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whet, When, Where. Why):
An employee of the Fire Department has filed a Claim Petition for benefits
related to melanoma cancer under the work related "presumption statute" of
the workers' compensation law. This is the first case of this type in our
office and our defense will rely heavily on an analysis and interpretation
of the statute's purpose and intent. This claim necessitates the appoint
ment of outside counsel who specializes in workers' compensation practice.
ADVANTAGES IF APPROVED:
)
The City of Saint :Paul will be best represented in this workers' compensation
litigation.
RECEIVED
DEC 12 1995
DISADVANTAGES IF APPROVED:
None
d Resew Cedar MAYOR'S OFFICE
DEC 1
DISADVANTAGES W NOT APPROVED:
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 $ 5000.00 COST/REVENUE BUDGETED (CIRCLE ONE) lenli NO
FUNDING SOURCE General Government ACTIVITY NUMBER 09020
FINANCIAL INFORMATION: (EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE 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
6. Finance and Management Services Director 6. Chief Accountant, Firumoe 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 Attomey
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/request 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's liability for workers compensation claims, taxis 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 law/
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 questlons: How much is It
going to cost? Who Wooing to pay?