94-1230 ORIGINAL i Council File # 7
Green Sheet # 28684
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
B / v
Presente d y
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 Attorney, to
3 appoint outside counsel and provide compensation therefor in cases where the City
4 Attorney by reason of interes; or unusual circumstances cannot represent the City; and
5
6 WHEREAS, an emplcyee of the Water Utility has initiated a workers'
7 compensation claim arising o it of an alleged work related back injury claim; and
8
9 WHEREAS, workers' compensation law is a very specialized and ever changing
10 area of practice with its own i rery specific procedural rules, filing requirements and legal
11 precedents; and
12
13 WHEREAS, attorneys in the civil litigation section of the City Attorney's Office
14 do not specialize in workers' compensation law; and
15
16 WHEREAS, this case raises some very important and complicated legal issues in
17 the workers' compensation anea with respect to voluntary termination, removal from
18 labor market, possible contribution from concurrent and subsequent employers, adequacy
19 of job search, appropriatenes ; of chiropractic treatment, and even possible fraud; now,
20 therefor, be it
21
22 RESOLVED, that by '7irtue of these unusual circumstances, Jardine, Logan &
23 O'Brien, under the direction of Timothy Crom, is hereby retained to provide legal
24 services and advice to the Ciiy in defending this claim; and, be it
25
26 FURTHER RESOLVED, that the fee not exceed $108.00 per hour for Mr.
27 Crom's Services and that the fee for services from any other member of this law firm
28 shall be at their regular hour i y billing rate, not to exceed $108.00 per hour; and be it
29
II
•
�.2 FINALLY RESOLVED, that the total fees shall not be in excess of a reasonable
A fee having reference to the appropriate provisions of the Code of Professional
(J4 Responsibility.
—5
0
Ye� ah Nays Absent Requested by Department of:
Blakey s
Harris
Grimm E1EE Office of the City Attorney
Guerin
Megard
Rettman — B .410. / fir
Thune -
7 a Fr. k E. Villaume, III
Adopted by Council.. Dat- AIJG ? '
Form Approved by City Attorney
e"
Adop on Certifp • •ouncil Secretary By: fL * 11 i I.4
B y ./ Approv =• b Mayor for Submission to
Counc'
i
Approved M� Date 1 �y
L, ' By: /f
By:
95 az .
No 2 684
DEPARTMENVOFFICEICOUNCIL DATE INITIATED
• GfEN SHEET C� X tame ' s Office 7 19 94 NiTIAtlDATE ,
fl 0 DEPARTMENT DIRECTOR 23 CITY COUNCIL
Frank Villaume 266 -8770 ASSIGN ❑ CITY ATTORNEY 3 CITY CLERIC MUM
NUMBER FOR AGENDA BY (DATE) ROBINS MUST BE ON COUNCIL ❑ BUDGET DIRECTOR 0 FIN. & MGT. SERVICES
COUNCROBINS
ORDER (�`l MAYOR (OR ASSISTANT) 0 MN
TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Authorization to retain outside ••unsel to represent the City of St. Paul in a worke. '
compensation claim.
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTI • •
_ PLANNING COMMISSION _ CIVIL SERVICE MOM - • 1. Has this person/firm ever worked under a contract for this department?
YES NO
CIB COMMITTEE 2. Has this person/firm ever been a city employes?
— STAFF YES NO
DISTRICT COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city ; • ?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answers on separate sheet and attach to green *heat
INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who, What, When, re, Why):
An employee of the Water Utility I as filed a Claim Petition requesting continuing w -•e lo=
benefits since 8 /1/93 from an in ry occurring 2/28/92. The claim involves many • p =_
legal issues including voluntary termination, removal from labor market, possible
contribution from concurrent and subsequent employers, adequacy of job search, appr..riat_
ness of chiropractic treatment, •s_• even possible fraud. These legal issues necessi ate
the appointment of outside couns:1 who specializes in Workers' Compensation practice
ADVA iF APPROVED:
The City of St. Paul will be bes represented in this workers' compensation litigatisn.
DISADVANTAGES IF APPROVED:
Council Research Cente
None, JUL 2 8 1994
DISADVANTAGES IF NOT APPROVED:
Present staffing, practice areas and workloads impair the ability of the City Attorn-y to ;.
present the best and most cost e festive defense.
AMOUNT OF TRANSACTION $ 4 000 COST/REVENUE BUDGETED (CIRCLE ONE)
FUNDING SOURCE C+AnprA1 ( nvPrnrriPnt• ACTIVITY NUMBER 09020
FINANCIAL INFORMATION: (EXPLAIN)
mot,