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05-22-17 Informal
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05-22-17 Informal
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
5/22/2017
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Councilmember Jo M. Broden stated, When we had interviewed you before, you had talked <br /> about transitioning and how it would be good timing to receive this opportunity. Could you <br /> address the procedure of the possibility where two (2) of the firms members are on the opposite <br /> side of the same petition? <br /> Mr. Palmer replied, Obviously, conflicts of interest become an issue when you have a firm our <br /> size that represents several different clients in several different capacities. It is not unprecedented <br /> for a firm our size to represent municipalities. Faegre Baker Daniels has gotten involved with the <br /> City of South Bend and Mishawaka. First thing we would do when we would receive a petitioner <br /> is run a conflict check internally. The way we run our conflict checks is a computer program that <br /> goes back through and checks every client that the firm has ever done work for. In addition to <br /> that, we would send an email out to every single person in our office saying, "Do you know of <br /> this person or entity? Do you know of any associates of this person or entity that we would be <br /> adverse to?" So that would be the first line on our end. If there would be something that appears <br /> to be a conflict of interest after-the-fact, I would come to the Council immediately, say what it is <br /> and give my opinion on whether it is a conflict. This Council has always been transparent to the <br /> best of its ability. That is also very important to me. If there is an issue, we would discuss it. I <br /> would always be willing to step aside for an issue. I did a basic survey of my partners when I <br /> was first invited back for a second interview and there were no real conflicts that any of us could <br /> remember. I know Marcel Lebbin has represented Dave Matthews on occasion, but Marcel tells <br /> me that Dave does almost all of the work himself. The chances of Marcel being in here are very <br /> slim. Brett Hummer was in here late one (1)night on a Historical Society hearing. I talked to <br /> Brett about that where that would have, in essence, been a conflict seeing that it was an appeal to <br /> the Council. But Brett was doing that in the capacity of a Deputy County Attorney and not acting <br /> as a member of our firm. So that would not, in my opinion, have created a conflict but if it would <br /> have been, in your opinion, Brett said he would have stepped aside and let another Deputy <br /> County Attorney handle it. We have discussed it at the firm level and we feel very comfortable <br /> that we can do this. We have been representing you for almost six (6) years now and nothing has <br /> ever come up. <br /> Councilmember Broden followed up, Are you aware that the Council annually renews this <br /> position in January? And how do you feel about that? <br /> Mr. Palmer replied, Yes I am aware of that and it doesn't bother me because it would give me a <br /> chance to prove myself over the first few months that I would be working here. It's not a long- <br /> term commitment for you but I do believe it is a long-term commitment for me if you want it. If <br /> the end of the year comes and Council believes I am not responsive enough or I don't have the <br /> qualities needed for this position, we shake hands and no hard feelings. <br /> With no other questions from Councilmembers, Councilmember Ferlic opened the floor to <br /> questions from Mr. Palmer to the Council. <br /> Mr. Palmer asked, Can you give me an idea of what the desired office hours would be? <br /> 4 <br />
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