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:
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SONDRA E. SMITH, City Clerk/Treasurer
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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:
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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