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RES 2001-0879 - Hire legal counsel to respresent mayor and city council in lawsuit filed by professional firefighters association local 385 r o AHA,N RECEIVED o� e� Law Department 6`►t,1 R �� ,'} Omaha/Douglas Civic Center z ►���jj�''1 °tl ". 01 ; Rfi 26;�1114 9: J 1 1819 Farnam Street,Suite 804 ® _fl �► � Omaha,Nebraska 68183-0804 (402)444-5115 °arFo FEBR�r�� CITY CLERK Telefax(402)444-5125 City of Omaha O M A H A., Id E B R A S K A Paul D.Kratz City Attorney Hal Daub,Mayor Honorable President and Members of the City Council, The Mayor has requested the attached Resolution providing that the Mayor and the City Council hire separate private legal counsel to represent each respectively in the lawsuit filed by The Professional Firefighters Association of Omaha, Local No. 385, against Hal Daub and the City of Omaha. The City Law Department is required by the Omaha Home Rule Charter to handle all litigation involving the City; however, the circumstances of this case created an ethical conflict of interest for the Law Department. The Resolution provides further that the fees and expenses for such representation be paid from the Contingent Liability Reserve Fund. Respectfully su ' d, LZ 6'/ �Paui . Krat Dat City Attorney Approved as to Funding: e err to Cit ouncil f Conn ation: (7-44,t,m/U‘ 3a� o� 3 Z o) tanley P mm Date Mayors Office/ itle Date Acting Finance Director P:\Law1\11678z.doc • s C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, The Professional Firefighters Association of Omaha, Local No. 385, has filed a lawsuit in the District Court of Douglas County, Nebraska, against Hal Daub and the City of Omaha seeking declaratory and injunctive relief; and, WHEREAS, the positions of Hal Daub and the City Council, who by ordinance has established the official position of the City of Omaha, conflict; and, WHEREAS, these conflicting positions has created an ethical conflict of interest for the City Attorney's office; and, WHEREAS, the City Attorney has advised both the Mayor and the City Council to hire separate legal counsel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, this Resolution authorizes the City Law Department to engage separate private counsel to represent the Mayor and City Council in representing the differing positions taken in the lawsuit filed by The Professional Firefighters Association of Omaha, Local No. 385, relative to enforcement of the minimum staffing ordinance, and that fees and expenses for such representation be paid from the Contingent Liability Reserve Fund No. 104, Agency 195, Organization 1951. APPROVED TO 0 rC cy CIT A ORNEY DA E P:\Lawl\11679z.doc By ,. ,/->eleA -� \ / Councilmember Adopted -,„MAR 2 7.2001 . 'l-Q . /I l . . ..... . .ram ",v 4, A -; . • 1 Clerk .rilApprove I ...:: _ — • y/J* Mayor f b yno v �, r nS t..., � ' (p 1 CAD ' CD Z eN = O K N rY ' r r `-r F r tC• " O OLAn v) 0c •v) airnn CD O e © O IIJ1IIffH1 ° °O a� 0 • �: .n o n n'F O Nz0 e