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HomeMy WebLinkAbout25-11 RESOLUTIONRESOLUTION NO. 25-11 A RESOLUTION TO APPROVE CONTRACTS WITH LAW FIRMS SELECTED BY THE POLICE AND FIRE CHIEFS TO REPRESENT THEM DURING ANY CIVIL SERVICE TRIALS IN 2011 WITH OPTIONS TO RENEW WHEREAS, A.C.A. §14-51-206 states that "the City Attorney shall act as attorney for the (civil service) commission in all trials" and that the "city shall hire, on an annual basis, independent legal counsel to represent the city and the department head when the (chief's) ... decisions are brought for review before the commission and in all trials ...."; and WHEREAS, a City Professional Selection Committee made up of both the Fire Chief and Police Chief, an alderman and several city staff carefully considered applications from several law firms and chose Benson & Wood, P.L.C. and Hall Estill, Attorney -at -Law as the preferred law firms. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached contracts with Benson & Wood, P.L.C. and Hall Estill, Attorneys -at -Law to supply attorney services as needed for the Fayetteville Police Chief and Fire Chief in 2011, with up to four one year renewals and authorizes Mayor Jordan to authorize both Chiefs to sign the contracts for the City. PASSED and APPROVED this 3`d day of February, 2011. APPROVED: ATTEST: 006dAdv SONDRA E. SMITH, City Clerk/Treasurer o• C dF�ego�» ® FAYETTEVILLE fl AGENDA REQUEST FOR: COUNCIL MEETING OF FEBRUARY 1, 2011 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Approve Contracts With Law Firms Selected By The Police And Fire Chiefs To Represent Them During Any Civil Service Trials In 2011 With Options To Renew APPROVED FOR AGENDA: a rin er .dire Chief y g Greg Tabor, ' .lice Chief Ci Atto\ney hief of taff f...ait&A7 $1111Z- ayor jor• /-.r Date Date 1-1? -2-D(( Date �-C�-dOt Date /7/ 37/n Date 01-19-11A09:55 RCVD XtAnt, (ef avettvtlle TO: Mayor Jordan City Council Departmental Correspondence CC: Don Marr, Chief of Staff Greg Tabor, Police Chief David Dayringer, Fire Chief FROM: Kit Williams, City Attorne DATE: January 18, 2011 RE: Legal representation for Police Chief and Fire Chief during Civil Service Commission trials Kit Williams City Attorney Jason B. Kelley Assistant City Attorney A.C.A. §14-51-206 authorizes the hiring of outside counsel as needed for the Police and Fire Chief when their disciplinary decision has been challenged. I cannot represent the Chiefs as I am representing and advising the Civil Service Commission which conducts the trial. The City sent out a Request For Qualifications and appointed a Professional Selection Committee that included Alderman Adella Gray, Police Chief Greg Tabor, Fire Chief David Dayringer, myself, and city staff. We carefully reviewed the qualifications and experience of the applicants and selected Benson and Wood, P.L.C. and Hall Estill, Attorneys -at -Law as the most qualified and experienced law firms to represent the Police Chief or Fire Chief. I then negotiated contracts with both firms which agreed to reduce their normal hourly rate fee to $140.00 per hour as a public service to Fayetteville. The Professional Selection Committee and both Chiefs recommend approval of these contracts. RESOLUTION NO. A RESOLUTION TO APPROVE CONTRACTS WITH LAW FIRMS SELECTED BY THE POLICE AND FIRE CHIEFS TO REPRESENT THEM DURING ANY CIVIL SERVICE TRIALS IN 2011 WITH OPTIONS TO RENEW WHEREAS, A.C.A. §14-51-206 states that "the City Attorney shall act as attorney for the (civil service) commission in all trials" and that the "city shall hire, on an annual basis, independent legal counsel to represent the city and the department head when the (chief's) ... decisions are brought for review before the commission and in all trials ...."; and WHEREAS, a City Professional Selection Committee made up of both the Fire Chief and Police Chief, an alderman and several city staff carefully considered applications from several law firms and chose Benson & Wood, P.L.C. and Hall Estill, Attorney -at -Law as the preferred law firms. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached contracts with Benson & Wood, P.L.C. and Hall Estill, Attorneys -at -Law to supply attorney services as needed for the Fayetteville Police Chief and Fire Chief in 2011, with up to four one year renewals and authorizes Mayor Jordan to authorize both Chiefs to sign the contracts for the City. PASSED and APPROVED this 1St day of February, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer CONTRACT FOR LEGAL SERVICES AS NEEDED FOR THE FAYETTEVILLE FIRE CHIEF AND POLICE CHIEF Benson & Wood, PLC has been selected as one of two law firms that will represent the Fire Chief or Police Chief during any Civil Service Trials if a police officer or firefighter appeals a disciplinary action for the year of 2011. If such an appeal occurs, the Police Chief or Fire Chief may contact Brian Wood to represent the Chief in such an appeal. (The City Attorney represents the Civil Service Commission both during the trial and for any appeal of the Civil Service Commission Decision.) The Police Chief and Fire Chief have agreed to pay and Brian Wood of Benson & Wood, PLC has agreed to accept an hourly fee of One Hundred Forty Dollars ($140.00) for legal services needed for such Civil Service Trial. This annual contract may be renewed upon the consent of both parties up to four additional years without the need for another professional selection committee, but another professional selection must be accomplished for the year 2016. B In agreement to all the terms above, we signify our approval by signing below. BENSON & WOOD, ' LC tan Wood By: DAVID DAYRINGER GREG TABOR Greg Tabor, : - Chief CONTRACT FOR LEGAL SERVICES AS NEEDED FOR THE FAYETTEVILLE FIRE CHIEF AND POLICE CHIEF Hall Estill Attorneys at Law has been selected as one of two law firms that will represent the Fire Chief or Police Chief during any Civil Service Trials if a police officer or firefighter appeals a disciplinary action for the year of 2011. If such an appeal occurs, the Police Chief or Fire Chief may contact Robert K. Rhoads to represent the Chief in such an appeal. (The City Attorney represents the Civil Service Commission both during the trial and for any appeal of the Civil Service Commission Decision.) The Police Chief and Fire Chief have agreed to pay and Robert K. Rhoads of Hall Estill has agreed to accept an hourly fee of One Hundred Forty Dollars ($140.00) for legal services needed for such Civil Service Trial. This annual contract may be renewed upon the consent of both parties up to four additional years without the need for another professional selection committee, but another professional selection must be accomplished for the year 2016. By: In agreement to all the terms above, we signify our approval by signing below. HALL ESTILL, Attorneys at Law By: DAVID DAYRINGER Robert K. Rhoads David Dayrin er, Fire Chief GREG TABOR By: Greg TfbIice Chief