Explanation
To authorize the City Attorney to enter into an agreement for special legal counsel services with the law firm of Porter, Wright, Morris & Arthur; to waive the provisions of the Columbus City Codes relative to the procurement of professional services; to authorize the expenditure of the sum of Two Hundred Thousand Dollars ($200,000.00), and to declare an emergency.
FISCAL IMPACT: Funds are available in the General Fund within the office of the City Attorney for this expenditure.
Title
To authorize the City Attorney to enter into an agreement for special legal counsel services with the law firm of Porter, Wright, Morris & Arthur; to waive the provisions of the Columbus City Codes relative to the procurement of professional services; to authorize the expenditure of the sum of Two Hundred Thousand Dollars ($200,000.00), and to declare an emergency. ($200,000.00)
Body
WHEREAS, funds are available in the General Fund within the office of the City Attorney for various legal expenses; and,
WHEREAS, the City of Columbus has certain litigation pending in the United States District Court, Southern District of Ohio, Eastern Division, being Williams v. City of Columbus, Case No. 2:10-cv-1155; and,
WHEREAS, the Ohio Rules of Professional Conduct provide that a lawyer shall not act as an advocate in a trial if the lawyer or member of his group is likely to be called as a necessary witness; and,
WHEREAS, it has become necessary for the City to obtain special legal counsel services to assist it in such litigation because one of the Assistant City Attorneys will have to testify as a witness; and,
WHEREAS, an emergency exists in the usual daily operations of the City in that it is immediately necessary for the public peace, property, health, safety and welfare of the city to enable the City Attorney to enter into the contract for such services to provide for the continued assistance to the City; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. That the City Attorney be and hereby is authorized to enter into an agreement with the law firm of Porter, Wright, Morris & Arthur for special legal counsel services in connection with Williams v. City of Columbus, Case No. 2:10-cv-1155, pending in the United States District Court, Southern District of Ohio, Eastern Division.
SECTION 2. That the provisions of the Columbus City Codes relative to the procurement of professional services are hereby waived, such waiver being in the best interest of the City.
SECTION 3. That the City Auditor be and is hereby authorized and directed to transfer $200,000 within the general fund, fund no. 010 from the Department of Finance & Management, department/division 45-01, object level 1-10, object level 3 - 5501, OCA 904508 to the City Attorney, department/division 24-01, object level 1 - 03, object level 3 - 3324, OCA 240101.
SECTION 4. For the purpose of paying for these services, there be and hereby is authorized to be expended by the City Attorney, Department/Division 24-01, fund no. 010, Object level one - 03, Object level three - 3324, OCA 240101, the sum of Two Hundred Thousand Dollars ($200,000.00).
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten (10) days after passage if the Mayor neither approves nor vetoes same.