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Resolution No. <br />Substitute Bill No. 08-22A <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL <br />ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 <br />ON A CONTRACTUAL PART-TIME BASIS <br />~~nii~eaa~, the South Bend Common Council notes that it is authorized to hire or contract <br />a Council Attorney under the Indiana Code; and <br />~l~~aa., since 1975 when the Indiana law took effect, the .South Bend Common <br />Council has elected to hire on a contractual basis apart-time Council Attorney; <br />~~ii~eaa, the Common Council believes that it would be a good management and <br />planning decision to hire the Council Attorney for the current Council's term n~nning from <br />January 1, 2008 through December 31, 2011, with this action being in the best interests of the <br />Common Council. <br />`/ I a'~j V~~'!~ E~~l ~ (/(/ ~~Q~V" y~ ~ `Y ~l ~~~ `Y ~~~U/LLT/1/ ~~ `Y U ~V <br />~~! C~~~a, as follows: <br />Section I. The Common Council of the City of South Bend, Indiana, pledges its support <br />to Kathleen Cekanski-Farrand, Indiana Attorney # 3168-71, to be their Council Attorney for the <br />current Council Term running from January 1, 2008 through December 31, 2011, on a <br />contractual part-time basis. <br />Section II. The appointment of the Council Attorney would be subject to a satisfactory <br />annual performance review by the Common Council, which shall be completed on or before <br />September 30~' as a part of the annual budget process. The measurable outcomes utilized by the <br />Common Council shall include a satisfactory completion of the duties set forth in the South Bend <br />Municipal Code § 2-7(b) addressing the drafting of ordinances and resolutions; reviewing all <br />proposed ordinances and resolutions as to form and legality; giving legal advice as requested by <br />the Common Council, its committees and members; and advising the Office of the City Clerk on <br />matters regarding publication and codification of ordinances; with a summary of the same being <br />provided . in a Council Attorney Annual Report which shall be submitted for Council review. <br />Fees for such legal services would be subject to the annual budget review and approval process. <br />Section III. In the event that the Common Council desires to engage the Council <br />Attorney for any special projects such as acting as the Council's Agent for labor negotiations <br />and/or representing the Council in litigation; fees for those legal services would be subject to the <br />submission of a written Professional Services Summary detailing such services, with that <br />