10/28/85 Board of Public Works Minutes

Home Browse Search

REGULAR MEETING OCTOBER 28, 1985 track record and developed a history and knowledge of various projects that are still going on. Instead of the City trying to hire someone else to come in and work on the projects, the Mayor has asked City Attorney Richard Hill to continue as the City Attorney on a part-time basis. The Agreement submitted to the Board today is for the period November 1, 1985 thru December 31, 19$5_._ For the first ten_(10) hours of services -Mr. Hill provides per week, he will be compensated`'` in the 'amount of four„hundred dollars ($400.00). For services provided beyond ten (10) hours per week, he shall be compensated at the"rate'of seventy-five dollars ($75.00) per hour, to be paid on a biweekly basis, however, said services provided shall not exceed an average of fourteen (14) hours per week during any two-(2) successive bi-weekly periods without the written approval of the Mayor. The Mayor advised that at the end of this Agreement term, it is anticipated that it will either be renewed or a new Agreement will be submitted, said new Agreement to be _y t a erm of six (6) months. The Mayor stated that it is Mr. Hill 's request that to allow flexibility, any future Agreement be for a six (6) month period. Mayor Parent further, advised that Mr. Warren Deahl, Attorney at Law, 10`0 North'Michigan Street, South Bend, Indiana, has reviewed the Agreement for its legality and substance and advised that'it is eminently fair to the City of South Bend and is legally correct. Mayor Parent indicated that this independent review was done is order to avoid any conflict which could result had the Agreement been reviewed internally. Mayor Parent further advised that Assistant City Attorney Eugenia S. Schwartz will take on additional duties in the City Attorney's office by becoming the Managing Attorney of the office and handle day to day affairs of the Legal Department. Mayor Parent informed the Board that the retention of Mr. Hill as a part-time City Attorney, to some extent, goes back to the practice of prior years. He stated that even though he prefers a full-time City Attorney, due to the fact that he has just a little over two (2) years left to his current term as Mayor, and because it would be difficult to recruit for that position at this time, the above referred to Agreement was considered appropriate. Further, Mayor Parent indicated that at the present time Mr. Hill's salary is approximately $41,000.00 with fringe benefits bringing the amount to approximately $50,000.00 for the total package. He stated that he does not know the exact number of hours'Mr. Hill will work but anticipates that they will be the maximum amount of hours allowed under the Agreement. He, therefore, requested that the Board approve the Agreement as submitted. Mr. Vance reiterated that this practice is not unheard of in that in the transition in 1980, then City Attorney Thomas J. Brunner was retained on a contractual basis to continue and complete work on major on -going projects. In response to her inquiry, Mayor Parent advised Ms. Barnard that Mr. Hill will retain the powers and title of City Attorney under this Agreement. Therefore, upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the Agreement for Services of Corporation - Counsel as submitted was approved and executed. In response to questions by the news media, Mayor Parent stated that the funding source of Mr. Hill's salary will depend on the project he is working on. Reiterating his comments for the audience, Mayor Parent stated that it is anticipated that another Agreement will be presented at the expiration of the current Agreement and would be for a term of six (6) months.