HomeMy WebLinkAbout1992-190-12/15/1992-CITY ATTORNEY CONFLICT OF INTEREST RESOLUTION 89-183 SPECIAL LEGAL COUNSEL RESOLUTION 92490
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A PROCESS FOR THE SELECTION
OF SPECIAL LEGAL COUNSEL FOR THE CITY
IN CASES OF CONFLICT OF INTEREST
WHEREAS, the legal interests of the City are generally represented by the
City Attorney pursuant to the provisions of Article VI of the City Charter; and
WHEREAS, Section 3 of said Article VI authorizes the City Council , upon the
request of the City Attorney in special cases, to employ special counsel if
deemed necessary and advisable under the circumstances; and
WHEREAS, the City Council has previously adopted Resolution 89-183, which
authorizes the City Attorney to utilize the services of certain specified law
firms and, under extraordinary circumstances, to appoint other legal counsel as
special counsel to the City when necessary; and
WHEREAS, the Council believes that the process established by Resolution
89-183 does not adequately address situations in which the City Attorney may have
a conflict of interest which prevents him or her from representing the City in
particular situations and which calls for the appointment of special legal
counsel to temporarily replace rather than augment the services of the City
Attorney; and
WHEREAS, the Council is desirous of establishing a supplemental procedure
for the selection of special counsel in such conflict of interest situations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the following procedures shall be utilized to select and
appoint special legal counsel for the City in situations where the City Attorney
must withdraw from representation of the City because of a conflict of interest:
a. First, the City Attorney shall consider utilizing the services of
another municipal attorney pursuant to the terms and conditions of
such intergovernmental agreements as may have been executed under
the authority granted in Section 2 below; and
b. If the City Attorney determines that the matter should not be
handled by another municipal attorney, then the selection of special
legal counsel shall be presented to the City Council at the next
regular Council meeting, in which event the City Attorney shall
provide the City Council with the names of no less than three (3)
qualified attorneys, together with any background information which
would assist the Council in making the selection.
Section 2. That the Mayor be, and hereby is, authorized to execute an
intergovernmental agreement with such other Colorado municipalities as the Mayor
and the City Attorney may, in their discretion, determine to be appropriate,
whereby the City and the other contracting municipalities shall agree to exchange
the services of their respective municipal attorneys in cases of conflict of
interest; provided, however, that such agreements shall , without limitation,
include the following provisions:
a. that the City shall be reimbursed for all expenses incurred by the
City Attorney in temporarily representing the interests of other
municipalities, such as mileage, long distance telephone calls,
etc. ;
b. that the City Attorney and the City shall be indemnified and held
harmless from any claim of liability resulting from legal services
rendered by the City Attorney on behalf of other municipalities; and
C. that the City Attorney shall have the discretion to decline any
request for legal representation of another municipality if the
rendition of such services would interfere with the City Attorney's
ability to perform his or her normal duties on behalf of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 15th day of December, A.D. 1992.
,�Wy
Mayor
ATTEST:
City Clerk __