02-13 - 02-05 - No Action Taken THE COUNCIL TOOK NO ACTION ON THIS RESOLUTION
Resolution 02-13 February 5, 2002
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING INDEPENDENT LEGAL COUNSEL
WHEREAS, the City Council on December 18, 2001 approved an agreement with the
City Manager in a form declared to be a legal contract; and,
WHEREAS, the document sets forth various terms of future employment after the
retirement of the Manager in 2002; and,
WHEREAS, the City Attorney stated at the December 18, 2001 meeting that he could
not provide legal advice regarding the content or form of the document due to his personal
relationship with the City Manager; and,
WHEREAS, the City Attorney presented to the City Council two attorneys whom he
retained to provide legal advice in lieu of his own regarding the content and form of the
document which was described as a contract; and,
WHEREAS, subsequent to that meeting,the City Council in 2002 has received a written
communication from an attorney questioning and challenging the legality of the document, and
threatening litigation to correct alleged errors and improprieties; and
WHEREAS, the City Council in 2002 has considered alternatives to the employment
situation described in the December 18, 2001 document; and
WHEREAS, the City Council finds that it is necessary and appropriate for the City
Council to hire qualified legal counsel, independent of the City Attorney, to provide analyses
and advice regarding the December 18,2001 document and the threatened litigation regarding
that document;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota that it should and hereby does authorize the Mayorto expeditiously find and
retain the services of qualified independent counsel who can provide necessary legal advice
and guidance regarding the December 18, 2001 agreement with the city manager and related
matters;
BE IT FURTHER RESOLVED, that services desired and needed at this time do not
include active litigation, and retention of legal services is not assurance that the counsel will be
retained in the future for any litigation that might arise;
BE IT FURTHER RESOLVED, that the Mayor is directed to select and retain services of
qualified counsel from individuals and firms who have done no business with the City of
Golden Valley or the City Manager regarding the matter of the City Manager's current or
revised employment agreements in the 120 day period prior to the date of this action.
Resolution 02-13 - Continued February 5, 2002
Linda R. Loomis, Mayor
ATTEST:
Donald G. Taylor, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor and
her signature attested by the City Clerk.