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97-1028Council File # V� — �� .7. $' ��, �-- _ E-, � � a , i _ _. Presented Referred To � Green Sheet # 3q� RESOLUTION �' �INT PAUL, MINNESOTA WHEREAS, Section 5.02 of the Charter of the City of Saint Paul and Section 3.04 of the Saint Paul Admiiristrative Code authorize the City Council, upon the request of the City Attorney, to appoint special counsel and provide compensation therefor in cases of special and unusual circumstances; and WHEREAS, attorneys employed by the Office of the City Attomey ("CAO") aze required to handle cases which aze controversiai and lead to hard feelings and anger on the part of persons completely set forth in the attached Policy statement; and WHEREAS, ethical complaints about an individual attorney require a defense and response with the same skill and caze that would be used in handling any case, complaint or chazge against the City itself in which city employees or officials are personally named, and if not properly responded to, would have a chiiling effect on the vigorous representation that the City should expect from its attorneys; and WHEREAS, it is unwise and inappropriate to require an attorney who is the subject of such a complaint to represent herself or himself; now, therefore, be it RESOLVED, that by virtue of the above unusual circumstances, the City Attorney is hereby authorized to retain and appoint outside counsei to represent attorneys in her office who aze unjustly complained about, and/or who aze being investigated or proceeded against by the Lawyers' Professional Responsibility Board and/or district ethics committee, subject to the following conditions: (1) Other attomeys employed by the City Attorney should be used for the defense of such complaints to the ea�tent reasonable and practical, and to the extent their workloads allow. (2) The hourly rate for such defense sha11 be at a rate consistent with the difficulty of � the matter and shall not exceed the negotiated rate paid by the CAO for other litigated or non-litigated matters. �I'1-IoaB' 2 4 5 6 7 (3) The total fees in any case or complaint shall not be in excess of a reasonable fee having reference to the appropriate provisions of the Code of Professional Responsibility. (4) All provisions of the attached Policy statement of the Office of the City Attomey shall continue to apply and govem such matters. Requested by Department of: Adopted by Council: Date _�\���q� Adoption Certified by Council S retary By: � °�� Approved by Mayor: Date �'���'4�' By: � C �'�'y w`"ZCO�cNE'y5 O�F� \ t�E By: `����;� Form Approved by City Attorney Sy: �I�/ �� Approved by Mayor for Submission to Council By: � V " '°T' 3�5�� DEPMRTMENTNFFlCER`AUNCIL DA ���y§�o GREEN SHEET �� — ���`� Ci Attorne 's Office M INITIAVDATE INITIAL/DATE ' �DEPAi�MENTDIFiECTOfl �CITYCAUNCIL 1 t � ASSIGN �CIiYATTORNEV �qTYCLERK NUMBERFOA M135S BE,jjCJ CAyE1FILPSEtiBA BY (DATE) pOUTING � BUDGET DIAECTOF � FIN. S MGS SERVICES D�A. L uSl T.3S• 177 / a � OHDEN � MAYOR (OR ASSISTAN"f) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Authorization to retain outside counsel to represent city attorneys before the Lawyers' Professional Responsibility Boazd under unusual circumstances. RECOMMENDATIONS: Appmve (A) or Peject (F) pERSOMAI SERVICE CONTRACTS MUST ANSWEH TXE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CNIL SERVICE COMMISSION �- Has this person�rm ever worketl untler a contrac[ for this tlepartmeM? _ CIB COMMITTEE _ YES NO 2. Has this personHirm ever been a ciry employee? _ STAFF — YES NO _ DISTRICT COUR7 _ J. Does this person/firm possess a skill not normally possessed by any curreM ciry employee? SUPPORTS WHICH COUNqL O&IECTNE? YES NO Explafn all yes answers on seperate sheet antl attaeh to green sheet INITIATING PqOBLEM, ISSUE, OPPOATUNIN (Who. Whet, When, Where, Why): Under unusual circumstances, the City Attorney needs authorization to hire outside counsel to represent attorneys unjusUy complained about for an ethical violation. ADVANTAGESIPAPPROVED: City Attorney staff would be competently represented in certain matters regarding his/her performance and representation of the City. DISADVANTAGES IFAPPROVED: None DISADVANTAGES IF NOT APPROVED� CAO lawyers may not receive appropriate representation resulting in damage to his/her xeputation and could have a chilling efFect on representation of the City. 70TAL AMOUNT OP TRANSACTION S $lO�OOO COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDItBG SOUHCE �eneial (ipV't nlltSi(10 �'.onnse� ACTIVITY NUMBER n9m� FINANCIAL INFORFnATION: (EXPLAIN) 9� - (oa8� CITY ATTORNEY OFFICE: POLICY ON ETHICS CHARGES Background. Attomeys employed by the Office of the City Attomey ("CAO") routinely handle cases and matters which are controversial and lead to hazd feelings and anger on the part of persons dealing with the City of Saint Paul. These include persons who aze (1) defendants against criininal chazges, (2) seeking relief or payment of money by the City for alleged damages, (3) seeking licenses, zoning changes, building permits, variances or relief from governmental regulations, (4) asking for redress from various city orders directed at properties alleged to be nuisances, (5) protesting assessments or other city fees which aze levied against their properiy, and (6) city employees subject to disciplinary action, in which the CAO must represent the City against those employees. It is not uncommon for such persons to direct threats of one kind or another at attomeys employed by the CAO, whose jobs require them to advocate in the best interests of the City and in a way that is adverse to the interests of such persons. It is also not uncommon far such persons to file unwarranted complaints about the attorney(s) with the Office of Lawyers Professional Responsibility. Ethics Complaints. Complaints about an individual attorney, however unfounded they might be, require a defense and response with the same skill and care that would be used in handling any case, complaint or chazge against the City itself. If not handled properly, the attorney could be subj ect to discipline which could both impair that attorney's representation of the City as well as damage that attorney's personal reputation for character and integrity. Chazges of that nature would, if not handled competenfly, have a chilling effect on the vigar with which attorneys represent the City and its officers and employees in all of the other matters on which legal assistance is provided. In addition, the proper handling of the response normally will require objective and thorough work. The time-honared adage that the attorney who represents himself or herself has a fool for a client and an incompetent for a lawyer is solidly based on eaperience and psychology. Attomeys in the employ of the CAO should no more represent themselves on a serious matter than wouid an attorney in private practice. Ethics complaints are processed under the Rules on Lawyers Professional Responsibility. Complaints are first refened by the Directar of the Lawyers Professional Responsibility Board (the "Boazd") to the District Ethics Committee, a panel of lawyers in each of the 21 statewide district bar association areas. A member of that committee investigates the case, and after discussion by the committee, a recommendation is made to the Director. The Director may conduct such other and f�uther investigation or proceedings as he or she determines necessary. A determination that a complaint is unfounded may be appealed by the complainant to the Board itself. If the Director decides that discipline is necessary, the matter can be refened for hearing and ultimate disposition by the Supreme Court of Minnesota. q`► - ro�g Counsel for Attorneys Subject to Ethics Complaints. In order to continue handling of the legal work of the City in the most professional and expeditious manner possible, it is therefore the policy of the Office of the City Attorney to provide legal counsel to zepresent an attorney employed by the CAO who has been the subject of a complaint to the Director or the Boazd arising out of that attomey's legal work for the City. Absent unusual or compelling circumstances which would immediately require the appointment of outside counsel, another attorney from the CAO will be appointed by the City Attorney to represent any CAO attorney against whom an ethics complaint is filed. In the event that the District Committee should recommend fiuther investigation ar action by the Director or the Boazd, the City Attomey may either appoint outside counsel to represent the CAO attorney for the remainder of the proceedings, or direct that the same or another CAO attomey continue with the matter. The City Attorney will seek the passage of a general resolution by the City Council, and approval of the same by the Mayor, which would allow her to make such appointments without violating the confidentiality of the matter and disclosing the name or chazge against the CAO attorney at the invesrigative stage. A CAO attorney will not be assigned, nor will outside counsel be appointed, to represent a CAO attomey against whom an eYhics complaint is filed, if it should reasonably appear to the City Attorney that the ethics complaint azises out of conduct that is (a) a cleaz violation of office policy, or (b) not related to the legal work of the City assigned to the CAO attorney, or (c) malfeasance in office, willfizl neglect of duty, or bad faith, or (d) a clear violation of the Code of Professional Responsibility. If at any time during the pendency of such a complaint, or upon the resolution of such a compiaint, it should appeaz that one of the foregoing four grounds exists, the CAO attomey and/or the outside counsel shall withdraw from fiirther representation of the attorney against whom the ethics complaint has been filed. Where appropriate, recovery ofthe CAO costs, if any, will be sought from the attorney. Each attomey sha11 report to his or her supervisor, or to the City Attorney, the existence or filing of a charge against such attorney that will be investigated or refened to a district ethics committee or the Board, as soon as the attorney has knowledge of such chazge. Council File # V� — �� .7. $' ��, �-- _ E-, � � a , i _ _. Presented Referred To � Green Sheet # 3q� RESOLUTION �' �INT PAUL, MINNESOTA WHEREAS, Section 5.02 of the Charter of the City of Saint Paul and Section 3.04 of the Saint Paul Admiiristrative Code authorize the City Council, upon the request of the City Attorney, to appoint special counsel and provide compensation therefor in cases of special and unusual circumstances; and WHEREAS, attorneys employed by the Office of the City Attomey ("CAO") aze required to handle cases which aze controversiai and lead to hard feelings and anger on the part of persons completely set forth in the attached Policy statement; and WHEREAS, ethical complaints about an individual attorney require a defense and response with the same skill and caze that would be used in handling any case, complaint or chazge against the City itself in which city employees or officials are personally named, and if not properly responded to, would have a chiiling effect on the vigorous representation that the City should expect from its attorneys; and WHEREAS, it is unwise and inappropriate to require an attorney who is the subject of such a complaint to represent herself or himself; now, therefore, be it RESOLVED, that by virtue of the above unusual circumstances, the City Attorney is hereby authorized to retain and appoint outside counsei to represent attorneys in her office who aze unjustly complained about, and/or who aze being investigated or proceeded against by the Lawyers' Professional Responsibility Board and/or district ethics committee, subject to the following conditions: (1) Other attomeys employed by the City Attorney should be used for the defense of such complaints to the ea�tent reasonable and practical, and to the extent their workloads allow. (2) The hourly rate for such defense sha11 be at a rate consistent with the difficulty of � the matter and shall not exceed the negotiated rate paid by the CAO for other litigated or non-litigated matters. �I'1-IoaB' 2 4 5 6 7 (3) The total fees in any case or complaint shall not be in excess of a reasonable fee having reference to the appropriate provisions of the Code of Professional Responsibility. (4) All provisions of the attached Policy statement of the Office of the City Attomey shall continue to apply and govem such matters. Requested by Department of: Adopted by Council: Date _�\���q� Adoption Certified by Council S retary By: � °�� Approved by Mayor: Date �'���'4�' By: � C �'�'y w`"ZCO�cNE'y5 O�F� \ t�E By: `����;� Form Approved by City Attorney Sy: �I�/ �� Approved by Mayor for Submission to Council By: � V " '°T' 3�5�� DEPMRTMENTNFFlCER`AUNCIL DA ���y§�o GREEN SHEET �� — ���`� Ci Attorne 's Office M INITIAVDATE INITIAL/DATE ' �DEPAi�MENTDIFiECTOfl �CITYCAUNCIL 1 t � ASSIGN �CIiYATTORNEV �qTYCLERK NUMBERFOA M135S BE,jjCJ CAyE1FILPSEtiBA BY (DATE) pOUTING � BUDGET DIAECTOF � FIN. S MGS SERVICES D�A. L uSl T.3S• 177 / a � OHDEN � MAYOR (OR ASSISTAN"f) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Authorization to retain outside counsel to represent city attorneys before the Lawyers' Professional Responsibility Boazd under unusual circumstances. RECOMMENDATIONS: Appmve (A) or Peject (F) pERSOMAI SERVICE CONTRACTS MUST ANSWEH TXE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CNIL SERVICE COMMISSION �- Has this person�rm ever worketl untler a contrac[ for this tlepartmeM? _ CIB COMMITTEE _ YES NO 2. Has this personHirm ever been a ciry employee? _ STAFF — YES NO _ DISTRICT COUR7 _ J. Does this person/firm possess a skill not normally possessed by any curreM ciry employee? SUPPORTS WHICH COUNqL O&IECTNE? YES NO Explafn all yes answers on seperate sheet antl attaeh to green sheet INITIATING PqOBLEM, ISSUE, OPPOATUNIN (Who. Whet, When, Where, Why): Under unusual circumstances, the City Attorney needs authorization to hire outside counsel to represent attorneys unjusUy complained about for an ethical violation. ADVANTAGESIPAPPROVED: City Attorney staff would be competently represented in certain matters regarding his/her performance and representation of the City. DISADVANTAGES IFAPPROVED: None DISADVANTAGES IF NOT APPROVED� CAO lawyers may not receive appropriate representation resulting in damage to his/her xeputation and could have a chilling efFect on representation of the City. 70TAL AMOUNT OP TRANSACTION S $lO�OOO COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDItBG SOUHCE �eneial (ipV't nlltSi(10 �'.onnse� ACTIVITY NUMBER n9m� FINANCIAL INFORFnATION: (EXPLAIN) 9� - (oa8� CITY ATTORNEY OFFICE: POLICY ON ETHICS CHARGES Background. Attomeys employed by the Office of the City Attomey ("CAO") routinely handle cases and matters which are controversial and lead to hazd feelings and anger on the part of persons dealing with the City of Saint Paul. These include persons who aze (1) defendants against criininal chazges, (2) seeking relief or payment of money by the City for alleged damages, (3) seeking licenses, zoning changes, building permits, variances or relief from governmental regulations, (4) asking for redress from various city orders directed at properties alleged to be nuisances, (5) protesting assessments or other city fees which aze levied against their properiy, and (6) city employees subject to disciplinary action, in which the CAO must represent the City against those employees. It is not uncommon for such persons to direct threats of one kind or another at attomeys employed by the CAO, whose jobs require them to advocate in the best interests of the City and in a way that is adverse to the interests of such persons. It is also not uncommon far such persons to file unwarranted complaints about the attorney(s) with the Office of Lawyers Professional Responsibility. Ethics Complaints. Complaints about an individual attorney, however unfounded they might be, require a defense and response with the same skill and care that would be used in handling any case, complaint or chazge against the City itself. If not handled properly, the attorney could be subj ect to discipline which could both impair that attorney's representation of the City as well as damage that attorney's personal reputation for character and integrity. Chazges of that nature would, if not handled competenfly, have a chilling effect on the vigar with which attorneys represent the City and its officers and employees in all of the other matters on which legal assistance is provided. In addition, the proper handling of the response normally will require objective and thorough work. The time-honared adage that the attorney who represents himself or herself has a fool for a client and an incompetent for a lawyer is solidly based on eaperience and psychology. Attomeys in the employ of the CAO should no more represent themselves on a serious matter than wouid an attorney in private practice. Ethics complaints are processed under the Rules on Lawyers Professional Responsibility. Complaints are first refened by the Directar of the Lawyers Professional Responsibility Board (the "Boazd") to the District Ethics Committee, a panel of lawyers in each of the 21 statewide district bar association areas. A member of that committee investigates the case, and after discussion by the committee, a recommendation is made to the Director. The Director may conduct such other and f�uther investigation or proceedings as he or she determines necessary. A determination that a complaint is unfounded may be appealed by the complainant to the Board itself. If the Director decides that discipline is necessary, the matter can be refened for hearing and ultimate disposition by the Supreme Court of Minnesota. q`► - ro�g Counsel for Attorneys Subject to Ethics Complaints. In order to continue handling of the legal work of the City in the most professional and expeditious manner possible, it is therefore the policy of the Office of the City Attorney to provide legal counsel to zepresent an attorney employed by the CAO who has been the subject of a complaint to the Director or the Boazd arising out of that attomey's legal work for the City. Absent unusual or compelling circumstances which would immediately require the appointment of outside counsel, another attorney from the CAO will be appointed by the City Attorney to represent any CAO attorney against whom an ethics complaint is filed. In the event that the District Committee should recommend fiuther investigation ar action by the Director or the Boazd, the City Attomey may either appoint outside counsel to represent the CAO attorney for the remainder of the proceedings, or direct that the same or another CAO attomey continue with the matter. The City Attorney will seek the passage of a general resolution by the City Council, and approval of the same by the Mayor, which would allow her to make such appointments without violating the confidentiality of the matter and disclosing the name or chazge against the CAO attorney at the invesrigative stage. A CAO attorney will not be assigned, nor will outside counsel be appointed, to represent a CAO attomey against whom an eYhics complaint is filed, if it should reasonably appear to the City Attorney that the ethics complaint azises out of conduct that is (a) a cleaz violation of office policy, or (b) not related to the legal work of the City assigned to the CAO attorney, or (c) malfeasance in office, willfizl neglect of duty, or bad faith, or (d) a clear violation of the Code of Professional Responsibility. If at any time during the pendency of such a complaint, or upon the resolution of such a compiaint, it should appeaz that one of the foregoing four grounds exists, the CAO attomey and/or the outside counsel shall withdraw from fiirther representation of the attorney against whom the ethics complaint has been filed. Where appropriate, recovery ofthe CAO costs, if any, will be sought from the attorney. Each attomey sha11 report to his or her supervisor, or to the City Attorney, the existence or filing of a charge against such attorney that will be investigated or refened to a district ethics committee or the Board, as soon as the attorney has knowledge of such chazge. Council File # V� — �� .7. $' ��, �-- _ E-, � � a , i _ _. Presented Referred To � Green Sheet # 3q� RESOLUTION �' �INT PAUL, MINNESOTA WHEREAS, Section 5.02 of the Charter of the City of Saint Paul and Section 3.04 of the Saint Paul Admiiristrative Code authorize the City Council, upon the request of the City Attorney, to appoint special counsel and provide compensation therefor in cases of special and unusual circumstances; and WHEREAS, attorneys employed by the Office of the City Attomey ("CAO") aze required to handle cases which aze controversiai and lead to hard feelings and anger on the part of persons completely set forth in the attached Policy statement; and WHEREAS, ethical complaints about an individual attorney require a defense and response with the same skill and caze that would be used in handling any case, complaint or chazge against the City itself in which city employees or officials are personally named, and if not properly responded to, would have a chiiling effect on the vigorous representation that the City should expect from its attorneys; and WHEREAS, it is unwise and inappropriate to require an attorney who is the subject of such a complaint to represent herself or himself; now, therefore, be it RESOLVED, that by virtue of the above unusual circumstances, the City Attorney is hereby authorized to retain and appoint outside counsei to represent attorneys in her office who aze unjustly complained about, and/or who aze being investigated or proceeded against by the Lawyers' Professional Responsibility Board and/or district ethics committee, subject to the following conditions: (1) Other attomeys employed by the City Attorney should be used for the defense of such complaints to the ea�tent reasonable and practical, and to the extent their workloads allow. (2) The hourly rate for such defense sha11 be at a rate consistent with the difficulty of � the matter and shall not exceed the negotiated rate paid by the CAO for other litigated or non-litigated matters. �I'1-IoaB' 2 4 5 6 7 (3) The total fees in any case or complaint shall not be in excess of a reasonable fee having reference to the appropriate provisions of the Code of Professional Responsibility. (4) All provisions of the attached Policy statement of the Office of the City Attomey shall continue to apply and govem such matters. Requested by Department of: Adopted by Council: Date _�\���q� Adoption Certified by Council S retary By: � °�� Approved by Mayor: Date �'���'4�' By: � C �'�'y w`"ZCO�cNE'y5 O�F� \ t�E By: `����;� Form Approved by City Attorney Sy: �I�/ �� Approved by Mayor for Submission to Council By: � V " '°T' 3�5�� DEPMRTMENTNFFlCER`AUNCIL DA ���y§�o GREEN SHEET �� — ���`� Ci Attorne 's Office M INITIAVDATE INITIAL/DATE ' �DEPAi�MENTDIFiECTOfl �CITYCAUNCIL 1 t � ASSIGN �CIiYATTORNEV �qTYCLERK NUMBERFOA M135S BE,jjCJ CAyE1FILPSEtiBA BY (DATE) pOUTING � BUDGET DIAECTOF � FIN. S MGS SERVICES D�A. L uSl T.3S• 177 / a � OHDEN � MAYOR (OR ASSISTAN"f) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Authorization to retain outside counsel to represent city attorneys before the Lawyers' Professional Responsibility Boazd under unusual circumstances. RECOMMENDATIONS: Appmve (A) or Peject (F) pERSOMAI SERVICE CONTRACTS MUST ANSWEH TXE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CNIL SERVICE COMMISSION �- Has this person�rm ever worketl untler a contrac[ for this tlepartmeM? _ CIB COMMITTEE _ YES NO 2. Has this personHirm ever been a ciry employee? _ STAFF — YES NO _ DISTRICT COUR7 _ J. Does this person/firm possess a skill not normally possessed by any curreM ciry employee? SUPPORTS WHICH COUNqL O&IECTNE? YES NO Explafn all yes answers on seperate sheet antl attaeh to green sheet INITIATING PqOBLEM, ISSUE, OPPOATUNIN (Who. Whet, When, Where, Why): Under unusual circumstances, the City Attorney needs authorization to hire outside counsel to represent attorneys unjusUy complained about for an ethical violation. ADVANTAGESIPAPPROVED: City Attorney staff would be competently represented in certain matters regarding his/her performance and representation of the City. DISADVANTAGES IFAPPROVED: None DISADVANTAGES IF NOT APPROVED� CAO lawyers may not receive appropriate representation resulting in damage to his/her xeputation and could have a chilling efFect on representation of the City. 70TAL AMOUNT OP TRANSACTION S $lO�OOO COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDItBG SOUHCE �eneial (ipV't nlltSi(10 �'.onnse� ACTIVITY NUMBER n9m� FINANCIAL INFORFnATION: (EXPLAIN) 9� - (oa8� CITY ATTORNEY OFFICE: POLICY ON ETHICS CHARGES Background. Attomeys employed by the Office of the City Attomey ("CAO") routinely handle cases and matters which are controversial and lead to hazd feelings and anger on the part of persons dealing with the City of Saint Paul. These include persons who aze (1) defendants against criininal chazges, (2) seeking relief or payment of money by the City for alleged damages, (3) seeking licenses, zoning changes, building permits, variances or relief from governmental regulations, (4) asking for redress from various city orders directed at properties alleged to be nuisances, (5) protesting assessments or other city fees which aze levied against their properiy, and (6) city employees subject to disciplinary action, in which the CAO must represent the City against those employees. It is not uncommon for such persons to direct threats of one kind or another at attomeys employed by the CAO, whose jobs require them to advocate in the best interests of the City and in a way that is adverse to the interests of such persons. It is also not uncommon far such persons to file unwarranted complaints about the attorney(s) with the Office of Lawyers Professional Responsibility. Ethics Complaints. Complaints about an individual attorney, however unfounded they might be, require a defense and response with the same skill and care that would be used in handling any case, complaint or chazge against the City itself. If not handled properly, the attorney could be subj ect to discipline which could both impair that attorney's representation of the City as well as damage that attorney's personal reputation for character and integrity. Chazges of that nature would, if not handled competenfly, have a chilling effect on the vigar with which attorneys represent the City and its officers and employees in all of the other matters on which legal assistance is provided. In addition, the proper handling of the response normally will require objective and thorough work. The time-honared adage that the attorney who represents himself or herself has a fool for a client and an incompetent for a lawyer is solidly based on eaperience and psychology. Attomeys in the employ of the CAO should no more represent themselves on a serious matter than wouid an attorney in private practice. Ethics complaints are processed under the Rules on Lawyers Professional Responsibility. Complaints are first refened by the Directar of the Lawyers Professional Responsibility Board (the "Boazd") to the District Ethics Committee, a panel of lawyers in each of the 21 statewide district bar association areas. A member of that committee investigates the case, and after discussion by the committee, a recommendation is made to the Director. The Director may conduct such other and f�uther investigation or proceedings as he or she determines necessary. A determination that a complaint is unfounded may be appealed by the complainant to the Board itself. If the Director decides that discipline is necessary, the matter can be refened for hearing and ultimate disposition by the Supreme Court of Minnesota. q`► - ro�g Counsel for Attorneys Subject to Ethics Complaints. In order to continue handling of the legal work of the City in the most professional and expeditious manner possible, it is therefore the policy of the Office of the City Attorney to provide legal counsel to zepresent an attorney employed by the CAO who has been the subject of a complaint to the Director or the Boazd arising out of that attomey's legal work for the City. Absent unusual or compelling circumstances which would immediately require the appointment of outside counsel, another attorney from the CAO will be appointed by the City Attorney to represent any CAO attorney against whom an ethics complaint is filed. In the event that the District Committee should recommend fiuther investigation ar action by the Director or the Boazd, the City Attomey may either appoint outside counsel to represent the CAO attorney for the remainder of the proceedings, or direct that the same or another CAO attomey continue with the matter. The City Attorney will seek the passage of a general resolution by the City Council, and approval of the same by the Mayor, which would allow her to make such appointments without violating the confidentiality of the matter and disclosing the name or chazge against the CAO attorney at the invesrigative stage. A CAO attorney will not be assigned, nor will outside counsel be appointed, to represent a CAO attomey against whom an eYhics complaint is filed, if it should reasonably appear to the City Attorney that the ethics complaint azises out of conduct that is (a) a cleaz violation of office policy, or (b) not related to the legal work of the City assigned to the CAO attorney, or (c) malfeasance in office, willfizl neglect of duty, or bad faith, or (d) a clear violation of the Code of Professional Responsibility. If at any time during the pendency of such a complaint, or upon the resolution of such a compiaint, it should appeaz that one of the foregoing four grounds exists, the CAO attomey and/or the outside counsel shall withdraw from fiirther representation of the attorney against whom the ethics complaint has been filed. Where appropriate, recovery ofthe CAO costs, if any, will be sought from the attorney. Each attomey sha11 report to his or her supervisor, or to the City Attorney, the existence or filing of a charge against such attorney that will be investigated or refened to a district ethics committee or the Board, as soon as the attorney has knowledge of such chazge.