94-1532 ' � Council File # ��`'g�
C� R I� I�I A L Green Sheet #
I RESOLUTION
T F AINT PAUL, MINNESOTA Z1
��
Presented By � �'
Referred To Committee: Date
1 WHEREAS, Section 5.02 of e Saint Paul City Charter and Section 3.04 of the
2 Administrative Code authorize the Ci y Council, upon request of the City Attorney, to
3 appoint outside counsel and provide mpensation therefor in cases where the City Attorney
4 by reason of interest or unusual cire stances cannot represent the City; and
5
6 WHEREAS, J.S. of the St. P ul Fire Department has initiated a worker's
7 compensation claim arising out of an alleged worker related neck injury claim; and
8
9 WHEREAS, worker's compe sation law is a very specialized and ever changing area
10 of practice with its own very specifi procedural rules, filing requirements and legal
11 precedents; and �
12
13 WHEREAS, attorneys in the I ivil litigation section of the City Attorney's Office do
14 not specialize in worker's compensat n law; and
15
16 WHEREAS, this case raises ome very important and complicated legal issues in the
17 worker's compensation area with res ect to the stacking of impairment ratings and a long
18 history of injuries; and
19
20 WHEREAS, Timothy Crom f the law firm of Jardine, Logan & O'Brien has
21 successfully defended the City in pri r litigation involving this same employee; now
22 therefore, be it
23
24 RESOLVED, that by virtue o these unusual circumstances, Jardine, Logan &
25 O'Brien, under the direction of Tim hy Crom, is hereby retained to provide legal services
26 and advice to the City in defending t is claim; and, be it
27
28 FURTHER RESOLVED, tha the fee not exceeci $108.00 per hour for Mr. Crom's
29 services, and that the fee for service from any other member of this law firm shall be at
30 their regular hourly billing rate, not exceed $108.00 per hour; and be it
31
�. q�l--lg3�
� 1 FINALLY RESOLVED, tha the total fees shall not be in excess of a reasonable fee
2 having reference to the appropriate rovisions of the Code of Professional Responsibility.
Yea Navs Ab ent Requested by Department of:
a .ev
�rzs City AttornEy
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� �
une � BY�
� Form Approved by Cit Attorney
Adopted by Council: Date �
�—'-,
Adoption Certified by Council Secret ry By:
BY� ti Appro d�Mayor for Sub� sion to
, Coun i � /
Approved by a D�ate _ �
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By: C
. , q�-153� �
DEPART DA I ITIATED
;� GREEN SHEE N _ 2 2 4� 3
8 � DEPARTMENT DIRE NITIAL/DATE - CITY COUNCIL ���
N D CITY AITORNEY CITY OLERK
MU 1 ' W
� F � � BUD(3ET DIRECiOi� FlN. 6 MOT. SERVICE8 DIR.
• � � MI►vOR (OF► A88187'� �
TOTAL #� OF 8KiNATUR� PAGES (CU ALL LOCqT10NS FOR SIONATURE)
ACTION REQUESTED:
Pwthorization to retain autside c to re�esent the City of Saint Paul in a �
Warker's CAmpe�sation �laim.
RECOMMENGATIONS: Approw (A) or RaJ�ct (R) R80NAl SERVICE CONTRACT8 MUST ANSWER TME FOLLOMIING QUE8TION8: E
_ PLANNMIQ COMMIISSION _ CN�L SERV�CE C�AAMISSION 1 Hes this psreon/Nrm e�rer worked under a contrect for tfils dspartmsnt4 i
_ CIB COMMIITEE _ YE3 NO
Has this person/firm ever bsen a city employse7
— �� — YES NO
_ o�srRicr couar _ ooes this aereonnirm posessa e skiu not namdN aos�esssd by any a,rrern cny employes? ;
SUPPORT8 WFI�FI CWNCIL OBJECTIVE? YES NO
plaln all yes an�wKS on s�p�nt� �M�t �nd �tfach to gn�n sM�t
INITIATMIO ��,�ssuega����v�v��. o the Fire Deptartment, has filed a Claim �
Petition requesting perma ent partial disability for a cumulative
trauma injury to his ce vical spine. The Jardine, Logan, and
O�Brien law firm succes ully defended the City in an earlier �
action brought by this s me individual and is familiar with the
claim and litigation hist ry. The long claim history (33 claims) +
and issues such as the "st cking" of impairment ratings necessitate '
the appointment of outsi e counsel who specializes in Worker�s ;
Rov�wr�c�s . •
The City of Saint Paul w 1 be best represented in this Worker�s
° Compensation litigation. � �C�7V� ;
;
� � OCT pl 1994 � ;
i
�IXOR'S OFFIC�
DISAOVAWTAOE8IF APPROVED: `
i
� �ouncii R���arch Centel'
• None
�
OCT 12 1994
� !�
�- � , J
DISADVANTAOEB IF NOT APPROVED: I
I
� Present staffing, practic areas and workloads impair the ability
of City Attorney to pre ent the best and most cost efficient ;
def ense,. f
;
TOTAL AMOUNT OF TRANSAC110N =� COSTIREVENUE BUD�iETED (CIRC�E ONE) YES NO i
FUNDINQ SOURCE ` �al t ACTIVITY NUMdER �OZO �
FINANCIAL INFORMATION: (FJCPLAIN)
A portion of i�brke�'s Cc�pe�satian was set aside far payarent o� outside counsel.
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4;
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'` ` NOTE; COMPLETE DIRECTIONS ARE INCLUDED IN THE QREEN 3HEET INS7RUCTIONAL
'� ' MANUAL AVAILABLE IN THE PURCHASINQ OFFICE (PHONE NO. 298-4225).
��
z ' ROUTINO ORDER:
�� Below are oorrect routlngs for the five most frequent types of documents:
.� CONTRACTS (aasumes authorfzed budget exists) COUNCIL RESOLUTION (Amend Budgeta/Accept. Orants)
,� �
�� 1. Outside Agency 1. Department Director
2. Department Director 2. Cfry Attorney
3. City Attomey 3. Budget Director
4. Meyor (for ooMracts ovsr s75,000) 4. Mayor/Assistant
`' ` 5. Human Rights (for contracts over $50,000) 5. City Council
�� � 6. Finance and Menegement 3ervk:es Diroctor 6. Chief Axountent, Finance and MsnagemeM 3ervk�s
:� : 7. Finanoe Acooundng
�; ;
,;t ; ADMINISTRATIVE QRDERS (Budyet Revision) COUNCIL RESOLUTtON (all othere, and Ordlnancss)
1. AcUvity Mana�er 1. Department Dirsctor
' i 2. DepartmsM Acxountant 2. Ciry Attorney
< 3. Department Dfrector 3. Mayor Assistant
�` 4. Budget Director 4. City Council ,
� n 5. City Cleric
6. Chief Accour�tant, Ffnance and ManngemeM Services
W F ADMINISTRATIVE ORDERS (all others)
� � 1. Department Director
�� � 2. City Attorney
,� ; 3. Finance and Management Services Director
" 4. City Clerk
f �
:' i
� ; TOTAL NUMBER OF SIGNATURE PAGES
� Indicate the �of pages on which signatures are required and p�p�rcllp or fla�
� � Nch ot thss� p�yM.
'' ' ACTION RE�UESTED
'� ' Descxfbe what the proJecN/roquest seeks to axomplish in eiMer chronologi-
A# cel order or order of lmportan�, whichever ia most appropriate for the
�' fssue. Do not write complete sentences. Bepin each item in your list with
- a verb.
�r
� ` RECOMMENDATIONS
,;
� ' Complete if the issue in quest(on has been presented before any body, public
� or prfvate.
� t
= SUPPORTS WHICH COUNCIL 08JECTIVE?
�. Indk;ate which Council objecUve(a) your Project/request supports by listing
�= the key word(s) (HOUSINO, RECREATION, NEIOHBORHOODS, ECONOMIC DEVELOPMENT,
`� BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
��
� '� PERSONAL SERVICE CONTRACTS:
�` � This informatfon will bs used to determine the city's liability for workers c�mpensation clafms, taxes and proper civll ssrvk� hiring n�lss.
�:
�: :
� � INITIATIN(i PROBLEM, ISSUE, OPPORTUNITY
�? Explain the situation or conditions that created a need for your project
.
�: ; or request.
Zy 1
� ; ADVANTAC3ES IF APPROVED
Indicate whether this is simply an annuel budget procedure required by law/
x- charter or whether there are specific ways in which the City of SaiM Paul
�' and its citizens will benefit from this project/actfon.
;� £ DISADVANTA(3ES IF APPROVED
;< ; What negative effects or major changes to existing or past processes might
� ; this projecUrequest produce N it is passed (e.g., traffic delays, noise,
� tax increases or assessmeMs)? To Whom? When? For how long?
�ti �
k� �
� � DISADVAPlTAGES IF NOT APPROVED
�� What will be the negative consequences if the promised action is not
approved? Inebility to de8ver service? Continued high trafffc, noise,
�� accident rate? Loss of revenue?
�
� : FINANCIAL IMPACT
k: Atthough you must tailor the iMormatbrt you provide here to Me issue you
� are,addressing, in general you must answer Mro questions: How much is it
:�° ; 9a�9 to c�t? who is going to pay?
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