COMMITTEE OF THE WHOLE
RESOLVED, that pursuant to Section 26 of the City Charter, the proper city officials are authorized to contract with Kennedy & Graven, Chartered to assist the city attorney in the representation of the city in a matter currently pending in the St. Louis County district court and entitled Hartley Conrad, Paula Savela and Carol Griak v. City of Duluth, Court File No. 69DU-CV-08-1793, and to be available on a continuing basis to advise the city on the issues involved in the lawsuit, as set out in the request for proposals, pursuant to its proposal dated May 20, 2008, not to exceed $50,000 payable from Fund 610-036-1650-5319.
STATEMENT OF PURPOSE: Pursuant to Section 26 of the City Charter, the city attorney has notified the city council of the existence of a conflict by the city attorney and his staff which prevents the city attorney from representing the city in litigation currently pending in the St. Louis County district court. The litigation challenges the manner in which the city is administrating the retiree health care plan. The conflict exists because city attorney staff are all beneficiaries of this plan. This resolution retains legal representation for the city at the rates specified in the proposal submitted by the retained firm.