04-14-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING APRIL 14, 2008 RESOLUTION NO. 3851-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS WHEREAS, the South Bend Common Council notes that it is authorized to hire or contract a Council Attorney under the Indiana Code; and WHEREAS, since 1975 when the Indiana law took effect, the South Bend Common Council has elected to hire on a contractual basis a part-time Council Attorney; WHEREAS, the Common Council believes that it would be a good management and planning decision to hire the Council Attorney, for the current Council’s term running from January 1, 2008 through December 31, 2011, with this action being in the best interests of the Common Council. Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, pledges its support to Kathleen Cekanski-Farrand, Indiana Attorney #3168-71, to be their Council Attorney for the current Council Term running from January 1, 2008 through December 31, 2011, on a contractual part-time basis. Section II. The appointment of the Council Attorney would be subject to a satisfactory annual performance review by the Common Council, which shall be th completed on or before September 30 as a part of the annual budget process. The measurable outcomes utilized by the Common Council shall include a satisfactory completion of the duties set forth in the South Bend Municipal Code §2-7(b) addressing the drafting of ordinances and resolutions; reviewing all proposed ordinances and resolutions as to form and legality; giving legal advice as requested by the Common Council, its committees and members; and advising the Office of the City Clerk on matters regarding publication and codification; with a summary of the same being provided in a Council Attorney Annual Report which shall be submitted for Council review. Fees for such legal services would be subject to the annual budget review and approval process. Section III. In the event that the Common Council desires to engage the Council Attorney for any special projects such as acting as the Council’s Agent for labor negotiations and/or representing the Council in litigation; fees for those legal services would be subject to the submission of a written Professional Services Summary detailing such services, with that document being submitted with the appropriation claim form and then processed for payment, as required. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Timothy A. Rouse Member of the Common Council Councilmember White made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Council President Timothy Rouse, Chairperson, Council Rules Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. 15