8.C.
City Council Meeting - FINAL
- Meeting Date:
- 10/17/2017
- From:
- Sterling Solomon, City Attorney
Information
TITLE:
Consideration and Adoption of Resolution No. 2017-36: A resolution of the Flagstaff City Council approving an Intergovernmental Agreement for Reciprocal, Limited Legal Services. (IGA with Sedona, Cottonwood, and additional municipalities and counties in the future, for shared legal services on a limited basis)
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2017-36 by title only
2) City Clerk reads Resolution No. 2017-36 by title only (if approved above)
3) Adopt Resolution No. 2017-36
2) City Clerk reads Resolution No. 2017-36 by title only (if approved above)
3) Adopt Resolution No. 2017-36
Executive Summary:
The City Attorney's Office recommends that the City Council enter an intergovernmental agreement (IGA) with nearby municipalities and counties for the exchange of limited legal services when deemed necessary by the City Attorney's Office. This agreement shall be limited to occasions when matters arise with the convening of certain boards and commissions which involve dual roles for the City Attorney's Office. These occasions can involve a conflict of interest. As a result, such matters may require outside legal counsel to advise the board or commission, resulting in an expense to the City.
For example, sometimes employment situations require discipline and the employee subject to discipline may appeal to the City Personnel Board for a hearing. When this occurs Human Resources and the Personnel Board should each have independent legal counsel. In that scenario the City currently refers the role of legal counsel to the board or commission to outside legal counsel, under contract, which is an expense to the City.
Under this proposed IGA the City may call on an attorney from another nearby municipality to provide independent counsel to a properly convened board or commission in routine situations with which these city attorneys are familiar. For example, Sedona's city attorney could provide the legal counsel to the Personnel Board in the scenario described above, at no expense to the City. Of course, this IGA also provides that that the other municipalities will be able to do the same in their time of need.
The attorneys of neighboring municipalities and counties are typically well-seasoned, highly qualified lawyers with the necessary expertise to assist in situations as described above. Even so, if this IGA is approved by the City Council, the City Attorney's Office will still maintain the option and authority to utilize the services of outside legal counsel under contract, if deemed necessary due to specific circumstances requiring additional knowledge, experience or expertise.
For example, sometimes employment situations require discipline and the employee subject to discipline may appeal to the City Personnel Board for a hearing. When this occurs Human Resources and the Personnel Board should each have independent legal counsel. In that scenario the City currently refers the role of legal counsel to the board or commission to outside legal counsel, under contract, which is an expense to the City.
Under this proposed IGA the City may call on an attorney from another nearby municipality to provide independent counsel to a properly convened board or commission in routine situations with which these city attorneys are familiar. For example, Sedona's city attorney could provide the legal counsel to the Personnel Board in the scenario described above, at no expense to the City. Of course, this IGA also provides that that the other municipalities will be able to do the same in their time of need.
The attorneys of neighboring municipalities and counties are typically well-seasoned, highly qualified lawyers with the necessary expertise to assist in situations as described above. Even so, if this IGA is approved by the City Council, the City Attorney's Office will still maintain the option and authority to utilize the services of outside legal counsel under contract, if deemed necessary due to specific circumstances requiring additional knowledge, experience or expertise.
Financial Impact:
No financial impact in terms of additional cost. Instead this will be a cost savings for the City.
Policy Impact:
None.
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:
None.
Has There Been Previous Council Decision on This:
None.
Expanded Options and Alternatives:
Inform