Res 1993 - 44 Authorizing Holmes & Graven to Represent MH in Lawsuits Commenced by John Starks & Christopher Fields�
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�ES9L��OrT =I�A o _ 93 � 44
• A RESOLtJTIODi �'�7THORIZ'�'� gOI�4S6 &; GRAVS� Tfl= �SL�NT THE •
CITY OF MB�TDOTA S$It3HT'S ` IIi� ?sA,�SiT3TS '�p�NCLD �'3t
.'9'�iS�T STA�S' ADiD` t"S1tIST1�R �LD3 • '
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D�3EREAS, �3�e City of Ntertd�ta:-;:�eig�a�a has `��eii nairi�d�� along
with 35 ot�er 'iku.irsi�ipalities and tiie:;I�dinue!lliota Police; Ri.��i�nent
System, as •a defeaaant in'two lawsuit� CG�ie�nced by John.�'ta�cks and
Christopher Fie3r1�; and � -
�iHERF�IS, �he 1�linneso�ta Ptl►�i-ce Itecruitment Sy�stem has ��t�Airied
the firm �of'- �Io3mes & Gr�ven to defend it in the 3awsuits; ��a�'ic�. �
N0� TSEREF� BS IF'_ RES+OL'�D by the City Cc�Yicil of th�-City
of Mendota Heights tiiat 'i�olmes &�raven is authorized to repreSent
it in the lawsuit� co�unenced by John Starks. and Christopher gields.
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BL IF FII8'iSER R$SOZVED �'tiiat _���rh� �� �ayor" and Cit�r �`�i�erk are'
tiereby �uri3�orized' �� �t�tecute the atC�Ched Joint Defense Agreement,
identified as '�ittachanent A, on bei�alf of the City. ,- • �
Adopted by_ the City Council o� the Cit�r of Mendota Heights this
20th day m€�:July, 1993. �
ATTEST:
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City� C1�e�S� . �
CITY COUNCIL
CIZ'Y OF MENDO'I'1� IiEIGHTS
By �•� :.� G?�
Charles E. Mertensotto
Nlayor �
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ATTPiCgiMENT A
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�Efs° i ��1 �
1. The City of Mendota Heights ("City") has been named as a
defendant in two actions fi�ed in the�Fourth Judicial District,
File Nos. 93-00218 and 00219, ent�tled �Tohn Star.ks v. Minnegota
Police Recruitment System, et al, and Christo�her Fields v.
Minnesota Police Recruitment Syatems, et al. ("Lawsuits"). The
plaintiffs in the Lawsuits allege that the defendants liave
allegedly engaged in activities that result in a racial
discriminatory impact on the plaintiffs. The co;itplaints name� as
defendants 36 cities and the 1�lirinesota Police Recruitment System.
2. The City has been advised by the firm of Holmes & Gxaven
in a letter dated January 27, 1993 of the ramifications, including
the advantages and risks, involved in having a single law firan
jointly represent all of the def,e�ndants 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.
�e4�'eeme8lt
Based on the above xecitals, the City agrees a� £ollows:
1. The City retains the f iran of Holmes & Graven to repre�ent
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 MARS and that the allocation of defense
costs will be decided by the �RS Board.
2. The City understands that by entering into this agreement
tlaat confidential communications between itself and Holanes & 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 anay 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 thig Agreement at any time by
providing written notice to Holanes & Graven.
Date:
By
By
CITY OF MENDOTA HEIGHTS
�„''�. i�, '
Its I�Iayor
���ce.e� ./� • A�C�r.�s�—
I s City Clerk
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