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91-2342 �RtGIN�L � )��. °�3�� r�� , Counci l Fi te �°""t ( — ,_�-��'; ��F�, / -, Green Sheet # I t-�� RESOLUTION CI OF SAINT PAUL, MINNESOTA Presented By Referred To C it�g . Date WHEREAS, pursuant to Council File No. 1-1 , � ached heretq the Council of the City of Saint Paul, upon request of the ity Att , approved the appointment of Christopher Sandberg as outside counsel��e Et i Practices Board (Board); and , WHEREAS, the 1992 budget adopte .,`y t Council on December 3, 1991 eliminates all funding for the Board;,� WHEREAS, there are no fu ds to;co nue payment to Mr. Sandberg for any le al services which ma be rendere�a �r ecember 31, 1991; now, therefore, be it g Y ��` RESOLVED, that upon req st,�f the Crty Attomey, the City hereby rescinds its appointment by C.F. No. 91-1 45 of 'ristopher Sandberg as outside counsel to the Ethical Practices Board; and, b it ;='� FURTHER RESO D�;�that the City shall not be liable for any legal fees generated on behalf of t �,�rd by Mr. Sandberg after December 31, 1991; and, be it FINALLY RE L�D, that the City Attorney is requested to transmit a copy of this Resolution to r��i�dberg and the members of the Board. �. ;` Yeas Navs Absent Requested by Department of: Dtmo Gosui tz � •y /�,,�.�}�� Lon �.�JU.1 /�lA Macca ee �— Rettman r�_ /� ui son ' Bv= �C(A.[.2 /`d" �ti�� ` \ � '� Form Approved by City Attorney Adopted by Council: ",` D�@te � V Adoption Certified �6y`` Council Secretary BY. �� , ��„ B �� Y° Approved by Mayor for ubmission to Council Approved by Mayor: Date By: BY= � �:� �� ' - ( i � � ' �-' i Council File � � �� ! �� , .�� `� R E S 0 L U T I 0 Green sheet # .? � �J � CITY OF AINT PAUL, MlNNESOTA '!0� ' - � Presented By • -�eferred T � �,� Committee: Date d ��- !/ WHEREAS, the Ethical Practices Board was created under Chapter 111 of the Saint Paul Administrative Code; and � WHEREAS, pursuant to Council File No. 90-594, a procedure was established for the appointment of outside counsel to advise the Ethical Practices Board in those circumstances where a perceived conflict would exist if the Board were represented by the City Attorney's Office; and WHEREAS, in accordance to that procedure the Ethical Practices Board has requested the City Attorney to proceed under Section 5.02 of the Charter of the City of St. Paul to obtain the appointment of outside counsel; and WHEREAS, the City Attorney agrees with the Board's conclusion that outside counsel is necessary due to a perceived conflict; now, therefore, be it RESOLVED, that by virtue of said conflict, Christopher Sandberg is hereby retained to provide legal advice to the Ethical Practices Board regarding its legal duties and investigations presently before the Board; and, be it FURTHER RESOLVED, that the fee for such services shall not exceed $100 per hour, which is a discounted fee offered to the City; and, be it FINALLY RESOLVED, that the total fees shall not be in excess of a reasonable fee having reference to the appropriate provisions of the Code of Professional Responsibility. Yeas Navs -�t Requested by Department of: zmon Y Goswitz �— Lon v� C��f/ /�l�a.ne� on beG.�/�o� ��;c�l PrQC�;cas �c�.,-a� �Facca ee ✓ Rettman ✓ ,y�� W.zuson v' � BY= %'"/�riG�..�.�1 �� o ' Z-�/ Adopted by Council: Date OCT 3 '�� Form Approved by City Attorney Adoption Certified by Council Secretary gy: ��,Q_ �.-, l�i� PJ'.Z- 'rl� J , � 4 � / . BY= .l.�t ' � ^ ,(! .1/ ��• - � �'Z��j Approved by Mayor for Submission to Ap oved y Mayor: ate �C� � � �Q�� Council • �/ gy; n��li:�!/� By: , DEPARTMENT/OFFICE/COUNCIL DATE INITIATED >/ �� City Attorney 12/12/91 GREEN SHEET N° _13�262 INITIAUDATE INITIAUDATE CONTACT PERSON&PHONE DEPARTMENT DIRECTOR �CITY COUNCIL Jane McPeak - 298-5121 Ag$��N g CITY ATfORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR ❑BUDGET DIRECTOR �FIN.&MaT.SERVICES DIR. ROUTING ORDER MAYOR(OR ASSISTAN'n As soon as possible l0 0 TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REDUESTED: Approval of a Resolution rescinding C.F. 91-15�+5 -- the appointment of Christopher Sandberg as outside counsel to the Ethical Practices Board. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUSTANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for this depertment? _CIB COMMITTEE _ YES NO _37AFP _ 2. Has this person/firm ever been a city employee? YES NO _ DISTRIC7 CouRT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OB,IECTIVE? YES NO Explaln all yes answers on aeparats sheet and ettach to green aheet INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): All funding for the Ethical Practices Boaxd ceases as of December 31, 1991. The City, on behalf of Councilmember Dimond, is currently in litigation with the Ethicaa�h Practices Board. It ma,y be tha.t the case will not be resolved before the end of this yeax. Additionally, there may be some matters which the Boaxd may not resolve prior to December 31, 1991. Outside counse� for the Board is paid from a line item which will not be funded in 1992. Additionally the City Attorney's regular outside counsel account's funding is based upon projections made many months ago. Payment for the Boa,rd's outside counsel wa,s not factored into these ADVANTA�ES IF APPROVED: City will incur no further liability for legal fees. DISADVANTAGES IF APPROVED: If the Boaxd attempts to proceed with matters currently before it, it will ha,ve to do so without the benefit of counsel. DISADVANTAC�ES IF NOT APPROVED: City may incur liability for legal fees generated after December 31, 1991, thus necessitating a budget amendment in 1992. -0- TAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETEO(CIRCLE ONE) YES NO FUNDIN�SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) ryt� lJ�i� 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. City Attomey 3. City Attorney 3. Budget Director 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, Finance 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. Ciry 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. Ciry Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or fiag each ot these pages. ACTION REQUESTED Describe what the projecUrequest 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 projecUrequest 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 wiil be used to determine the city's liability for workers compensation claims,taxes and proper civii 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 projecVaction. 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? �`�iri ai• �/_ �� ., CITY OF SAINT PAUL � �s�;�� OFFICE OF THE CITY ATTORNEY . „� . '°" JANE A. MC PEAK, CTTY ATTORNEY 800 Landmark Towers Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR December 16, 1991 M E M O R A N D U M TO: Members of the City Council FROM: Jane A. McPeak�� City Attorney RE: Council Agenda Item No. 3 - for Thursday, December 19 It has come to my attention that there is a court appearance in the Ethical Practices Board litigation scheduled for December 30, 1991. The intent of the resolution before you is to protect the City from liability for any legal fees generated after December 31, 1991. If you wish to approve the resolution I suggest that the first RESOLVED clause be amended to read: "RESOLVED, that upon the request of the City Attorney, the City hereby rescinds its appointment by C.F. 91-1545 of Christopher Sandberg to the Ethical Practices Board effective December 31� 1991. " If you wish to have Mr. Sandberg proceed with representation of the Board, then I request that the attached resolution be offered as a substitute. It would limit his representation only to matters connected with Dimond v. The Ethical Practices Board, et al. Thank you for your consideration. JAM:j r Attachment ��yy� � Council Fite # n_ � ��,— _ Green Sheet # �� Y''�,�� RESOLUTION �Z�ly� �i I CITY OF SAINT PAUL, MINNESOTA �►d�. 'c,�.�,�'3 Presented By Referred To Committee: Date WHEREAS, pursuant to Council File No. 91-1545, attached hereto, the Council of the City of Saint Paul, upon request of the City Attorney, approved the appointment of Christopher Sandberg as outside counsel to the Ethical Practices Board (Board); and WHEREAS, the 1992 budget adopted by the Council on December 3, 1991 eliminates all funding for the Board; and WHEREAS, there are no funds to continue payment to Mr. Sandberg for any legal services which may be rendered after December 31, 1991; now, therefore, be it RESOLVED, that upon request of the City Attorney, the City hereby rescinds its appointment by C.F. No. 91-1545 of Christopher Sandberg as outside counsel to the Ethical Practices Board, effective December 31, 1991; and, be it FURTHER RESOLVED, that the City shall not be liable for any legal fees generated on behalf of the Board by Mr. Sandberg after December 31, 1991; and, be it FINALLY RESOLVED, that the City Attorney is requested to transmit a copy of this Resolution to Mr. Sandberg and the members of the Board. Yeas Na�= Absent Requested by Department of: Dimon GosWitz lon Macca ee Rettman Thune Ui son BY' Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary BY. �� I�� By: Approved by Mayor for Submission to Councit Approved by Mayor: Date By: By: .._... ..._..... .... ................._._.,.. ,..,..-:.�.- . .._...-z::. �.-w'i+.-•::. t �..,,r : ..r.. ..,. ,_ ? ..:. � .. .. r �-. . .�.... T._. ... �...... ,_... .. .., . .. . ... ,.�.,�.. ,....... ,.�:.�. :.%.�.. �,�;. :r�: �. �"�.•' '-t i�. ��• .-�. .., .... i , P '/ � . O P P E I� IvS I��S N E i N S �vl �A�-1J � N VANCE IS.OPPEAMAN PATRIGIA A.BLOODOOOD i • ATTG R N EYS AT I,.f1W ROBEHT J..�iCNM1T ANNE L.SCHI.UETER .tAMt6 6.SCHAT2 ANDREA J.XRUF'MAN 2200 NIASHlfJGTON SOUARE SAMUELD.HEIN9 JO:;EPH M.MU8ILEK �. JEROME F,f+AQVIN ERIC L.OLStlN 100 WASHINGTON AVENUG JOUTH AICFiI�fi64..LOi.KRIOGG BAR3ARAJ.�F3AtiN AUDREY L.ESTE00 KEViN M.CHANDLER M!PlYdEAPpLIS, NlltViV �°.fOTA I�$4O1 CHAR�ESn.NAUEN JOHNA.TAFt T�LENiiONE:6121 33�•6900 M•TNEGDORE Gfi1NOAL CMRISTOPHER X.SANOBErZG LINDA L.HOL9TEIN MAqRY E.GALLAHER FACSIMILE (612'339-0991 YV.JO:;�PH BRUCKN£R DANIEL E,GUSTAFSON BRAOLE7 W.ANDERSON WILUAM A.3EN�'iI.ER � - '" MARTIN D.MUMC CLIFFORO M.JOCNIM 1300 I STREET� N.W. MARGARET N.CHUTICH MENRI G.NINE.TTE EAST TOWER,SI�ITE 4$O b+/ASFtiN�TON, D.�. �OO�� OFCOVNS[L JONATNAM W.CUNEO' TEL�P'rtON� f?_021 562-3850 JAMES J.3CkWEl7ZER• FACSIMII.E (202i 962-3&�I •ADMitTppIN0.C.ONl1 Dec�mber 18', I991 i�� 3 ��hn rtccormick�, �eputy Ci�y Attorney � City Attorneyts Offic� City of 5t. Paul 800 Landmark Taw�rs � St. Paul , MN 55402 BY F�C Z�8-5519 Re: R�presentation of St. Paul Ethical Practices Board in Matters Related t4 Tam Dianond v. EPB , Court File No. C2-91-11721 Dear Mr. �icCormick: Than�. you foz providine� m� a copy of thz re�ol�tians prepared by City Attorney Jane Mc��ak �c�r tomorrow}s City Cauncil meetinr�, and �is. Mc�eak's cover ?nemo t� the Council explaininct those refiolutions. z be�iev� T rw� you the cou�te�y in r�turn o� expressing my consi.derab].e cr�n��xr�� regardi�g the sub:jec� nt�tt�r of thc�se d.ocuments. As I unde��tand the first of the two al�terna�ive �esnlutians, my curr�nt appraintment to repr�sent the St. P8u1 EthiCal Practices B�ard ("th� �oard") in conne�:tion with pending compizints concerning City Council m�mb�rs would be te:rminat�d as of December 31, Y991, in orde�c "tc; �rotect the City from l�.ability fnr any legal fe�s g��ibra�edt1 aft�r th�,t dats. It is ess�ntial that you unde�iltan�i thP current ��•ocedural past�.�re of t�e civi�. lawsuit again�t the Beard regardir�g cer�.ain of thos� eti�ical prar.tic2s com�l�ints. As I �s�unt� you are aware, Council m�mbe� Tam Dinond filed a ci�il la�rsuit ag�._i.ns� the Boaxd an �ctober 4 , 1991.. The Board has ans�azec� t�� sui�, �nd the parties have been throuqh p�el_iminary h�a�ings oxi th� ma��er. Gn De�e�aber 30, 1g91, t�� Scard �ill be befior� a Rwma�y C�unty District Ce�urt Judg� on cross- m�tians (the Boax�d'� for �is;uissal of the lawsuit, Mr. Dimoncl�s far � �- � .. ��'� �� John McCormick D�cembPr 1�, 1941 Page 2 sum�ary j�dgment. ) Th�re ax� aev�ral pos�ible outcom�:� f.ro.� th�t hearing. Z� is poasibl� that the Juuge will gran�. one or the ether of the mo�:ion�; i� is alsa p��ssible that the Juclge will deny botii mo�tions and ,�t a �ri�1 �la�e (expedited, since there i� a d�cl�ratory judg�`nt count in th� I.awsuit} for �he matter. Zn only one of �h�: possiA�.e nutcom�� will there be a qti.iiG•r. resolution of �h� ma wte�; if Mr. Dimond is sur�cess�ul in hi� motion for s�:mmary judgm�nt, the �oar�. will ha��+� no further actions ta take either administratively or at the trial level. Even in that instan�e, I d�ubt very �auch tha� �he m�t�.�r will k�� resalve� priar to Decem�ber 31, 1991; rather, I wauld expect a wri�t�n ruling from the Jud�e aft�r t:�� first c� �he y�ar. In anv cther o�a�trame, �k��re will bA additional repx�esentation on �he Board's }�ehalf: if the Board's mation is qr�nted, 2 �i11 r.eed �a advis� the Board on the un�erlying complaints which will be back befo8e th� Board; if th� Judg� denies ba�I� mations, I will need to represent th� B�ard a� the trial on the merits of �ir. Dimond's lawsuit. Qbviously, r.�moving coun,sel from the Board in t�e midst of a �er�ding proceeding is a sera.a�.s matter. See, e.ct. , Minnesota Rules �f Profe�sional ConduGt, Ruye 1. 16. I aM particu2ar�y �oncerned here, �rhere it i� in essence oppa�ing counsel. -� t�� Ci�y Attr�rnsy' s Off ice, whxch is v�.rorous?y r�presenting Mr. Dimond - which is racommending th�� th� Board' s legal represent�tion be terminated whil� Mr. Di�ond's law�uit is in grogress. I am greatly troubled by the lik�ly im�act on the Board of being laft without counsel tah�n the laF�suit brr�u�ht ar�ainat the� (as well as the underlying ethical pra��ices complaints) is far trom resolved. Proce.durally, it is unciear to me wha� will h�gpen at the Counci� m2eting tomorro�l. I uriders�tand �hat at 3eas� vne of Ms. McPeak' s resolutions will he on the censent ag�nda; since �ha has pre�ar�d tw�, com�letely c��posit� resolutiozis for Council cc�nsideration, T am a� a los� to s�e hQw thi� is a consent matter. Furth�r, sinc+� tY�3s matter concerns pending litigatio:� bv ar�d a�,ai�� ttie City, it s�.rike� me as deserviny �� more cons idered review prior to a Council d�cision. The Ba�r�. h�s reqtzzsted that I appaar at the Council mee�inq tomorrow and, if possible, znfo�•m the Council members �resent cf th� consequ�nres of th� ii-rat aiterative resolu�i�n. Any _�_ . _. . .., �.,. ,,.. ..... . ; ,.. . .� _. . _ . , ,,. � . ��:� r a 3��` � Jchn McCox-mick December 18, 1991 Page 3 �sz�tance ° c�ur otfice �ai7 prov�.de in �ecur3ng that ap�or� ity �ko be h�ard by the Council w�uld b� �reatly appr�ciated. Pl�ase all with ar.y que�ti4ns. � OPFERMAN HEINS & P�LQU�N ' � . .7 . � C r her . � ndberg Cxs: l8mc.mmco , cc: Ken P�te�son (by fax) Mary Alton Mike Moline --._ __ __ ,__.. ...._._..._._..:..��....�,...x.,,.-�.�,-_.,.�-._..�.�..„�� , <�.�. _-„�z�>�.�.� . ' /7! �„ ��`�,%, � T O�F+�R M A N �H E I FJ r� �{ �A Q� I M VAkCC K.QPGCQMAN SRADLLY W.ANOEABON RTTOqfdEYS AT I.AW R08[FTJ.'�CHMiT MwATIND.MUn1C � J,tMl3 E.SC1'1ATZ MAqCiAq�T Nf•GNUTICM 2200 WAlik1NQTON 30UARE SAMULL O.H[!NS PATYIICIA�.�LOpOG000 JCpOM�R.rAQVIN ANN[L,sCN�U=7�R 100 W.��1i1NOTpN AVENUL �OUTH RICMAIIDA.LOCttAl06E ANOA[AJ.KAUFMAN A4 1 N 1d�A F'�L!�� t�A i 6�!Pd��GT� �$+101 �UDRCY l.RSTE80 �o$caK �s.M�s��Ex CMAR4E3 M.NAULN EkIC L.OL.tQN � N.TMfO00R�GRINdA� gAR6ARA J.CqAM1.� 7SL[PMONH fB�21 226-90pLS THOMAS B.MERPSLf�NOCR XCVIN M.CMANOLER FAC�SINIIL� ld121 338•Oldil UNDA L.ML��$°[�� ,JOHN A.TAfiT �_T W.JO�EPH pAUCKNE►t CMp15TOPfKY,W K,SANO!![R'3 � MA4RY E,GJSIV.N�R �300 1 ST/!CC'T, l4.W. . 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