HomeMy WebLinkAboutCC RES 93-017 RESOLUTION AUTHORIZING HOLMES & GRAVEN TO REPRESENT THE CITY OF ST. ANTHONY IN LAWSUIT COMMENCED BY JOHN STARKS AND CHRISTOPHER FIELDS Meeting Sheet
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Box: 26
Folder: RES 1993
Document: CC RES 93-017 RESOLUTION AUTHORIZING HOLMES &
GRAVEN TO REPRESENT THE CIN OF ST. ANTHONY IN LAWSUIT
COMMENCED BY JOHN STARKS AND CHRISTOPHER FIELDS
CITY OF ST. ANTHONY
RESOLUTION 93-017
A RESOLUTION AUTHORIZING HOLMES & GRAVEN TO
REPRESENT THE CITY OF ST. ANTHONY IN LAWSUITS COMMENCED
BY JOHN STARKS AND CHRISTOPHER FIELDS
WHEREAS, the City of St. Anthony has been named, along with 35 other municipalities
and the Minnesota Police Recruitment System, as a defendant in two lawsuits
commenced by John Starks and Christopher Fields; and
WHEREAS, the Minnesota Police Recruitment System has retained the firm of Holmes &
Graven to defend it in the lawsuits; and
WHEREAS, the City of St. Anthony believes that it is in its best interest to defend the case
jointly with the MPRS.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony
that Holmes & Graven is authorized to represent it in the lawsuits commenced by John
Starks and Christopher Fields.
Adopted this day of Fe-)p r u cx r�j , 1993.
Mayo Pro Tem
ATTEST: /
City Clerk
Reviewed for administration:
City Manager
• JOINT DEFENSE AGREEMENT
Recitals
1. The City of ST. ANTHONY ("City") has been named as a
defendant in two actions filed in the Fourth Judicial District, File Nos. 93-00218 and
00219, entitled John Starks v. Minnesota Police Recruitment System, et al. and
Christopher Fields v. Minnesota Police Recruitment System, et al. ("Lawsuits").
The plaintiffs in the Lawsuits allege that the defendants have allegedly engaged in
activities that result in a racial discriminatory impact on the plaintiffs. The
complaints name as defendants 36 cities and the Minnesota Police Recruitment
System.
2. The City has been advised by the firm of Holmes & Graven in a letter
dated January 27, 1993 of the ramifications, including the advantages and risks,
involved in having a single law firm jointly represent all of the defendants in the
• Lawsuits. The City has also been advised by Holmes & Graven that it should consult
with independent counsel as to whether it should agree to be jointly represented by
one attorney in the case.
3. The City believes that it is in its best interests to retain Holmes &
Graven to defend the City in the case and to have Holmes & Graven jointly represent
the other defendants in the Lawsuits.
Agreement
Based on the above recitals, the City agrees as follows:
1. The City retains the firm of Holmes & Graven to represent it in the
Lawsuits and consents to having Holmes & Graven represent the other defendants
in the Lawsuits. The City understands that Holmes & Graven will bill MPRS and that
the allocation of defense costs will be decided by the MPRS Board.
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2. The City understands that by entering into this agreement that
confidential communications between itself and Holmes & Graven may be discussed by
Holmes & Graven with the other defendants.
3. By entering into this Agreement, the City does not waive any
attorney/client, work product privilege, right of immunity, which the City or its
attorney may be entitled to invoke. The City specifically is not waiving these rights
as to any third party that is not a defendant in the Lawsuits.
4. The City may revoke this Agreement at any time by providing written
notice to Holmes & Graven.
Date• February 9, 1993 CkTYOF ST. ANTHONY
By
Its ayor Pro em
BY
Its v 'Mar
a
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