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<br />r I ---\) <br />( ); <br />~l~ <br /> <br />ITEM 6.1. <br /> <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Mayor & City Council <br /> <br />FROM: <br /> <br />Pat Klaers, City Ad~!~tr <br />January 16, 1995 .~ <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br />Review Municipal Utilities Legal Bill <br /> <br />During the review of the legal bills in December, 1994, the Council requested that one <br />bill be forwarded to the Utilities Commission for their consideration. At the January 9, <br />1995, City Council meeting, a request was made to reconsider this action and the Council <br />asked for additional information on this issue. <br /> <br />e <br /> <br />In order to clear up any misunderstandings, it should be noted that the Utilities have not <br />paid for any City legal expenses for work on the employment contract for the General <br />Manager. However, I understand that there were questions this past summer regarding a <br />Larkin, Hoffman bill for services associated with the electrocution lawsuit. In this regard, <br />it was requested that the City Attorney be in attendance at the deposition from the <br />General Manager, and, subsequently, the Utilities were billed for the services related to <br />this activity. <br /> <br />Additionally, it should be noted that the City has paid approximately $2,700 for legal <br />services to address the employment agreement legal compliance question. This opinion <br />was requested by the Finance Director for the City Audit. At that time, it was assumed <br />that this would be almost all of the expenses that the City would have regarding this <br />employment contract issue and the City simply paid this bill as a general fund legal <br />expenditure. Unfortunately this was not the last bill for legal services related to this <br />issue, and when I reviewed the most recent bill for activities that took place shortly before <br />the 11/14/94 joint Utilities/City Council meeting, I requested that the Finance Director <br />log this expenditure as a self insurance fund activity. The thinking was that this expense <br />for legal services was a pro-active expenditure to keep the City out of a potential future <br />lawsuit. <br /> <br />Attached for your review is the most recent bill from Larkin, Hoffman regarding activity <br />on the General Manager's employment contract. Employment law is a very technical, <br />time consuming, and ever changing legal issue. I hope the above information helps the <br />City Council come to a consensus on this issue. If you have any questions on this topic, <br />please feel free to contact me. <br /> <br />e <br /> <br />council: legalbil <br /> <br />13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425 <br />