109-95 Ordinance AMENDED
~ - - - -- ~.,.~,--._--,,~~ --....
, RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No._ _n_1O_9_...9_5_u(Amended) P assed_nnnn-- _n__n_ _nm__m_nnmnn- ____19 -- --- --
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A NEW CONTRACT WITH THE
..- LAW DIRECTOR,
AND DECLARING AN EMERGENCY
- the city of Dublin has previously entered into an
1fBEREAS,
agreement with Stephen J. smith for legal services; and
1fBEREAS, Stephen J. smith has agreed to enter into a new
contract for said services under the same terms and
conditions.
NOW, THEREFORE BE IT OR?iINED by the council of the city of
Dublin, State of Ohio, of the elected members concurring:
section 1. That the agreement hereto attached as Exhibit "A"
is hereby accepted.
Section 2. That the City Manager be, and hereby is authorized
to enter into a contract with Stephen J. smith to provide
legal services for the City of Dublin.
section 3. That this Ordinance is declared to be an emergency
measure necessary to preserve the public health, safety and
welfare and therefore shall take effect and be in force
immediately upon passage.
- Passed this ~ day of ~
, 1995.
...".. Mayor ~Mg Officer
ATTEST:
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Clerk of Council
-
-
, heretay ~ that ro,fes o' this OnrrnaMtl'Wa...f.sI"rr weN (IOItN i. flit
City of Dubll" I" (KconfolKe wI'" Settilln 731 '5 "I ~ ~io IaYked Cedt.
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~ of uncif, Du n Ohio
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.
AGREEMENT BETWEEN THE CITY OF DUBLIN
AND STEPHEN J. SMITH. ATTORNEY
FOR SERVICES AS CITY LAW DIRECTOR
This contract for services as Law Director between the
City of Dublin, an Ohio Municipal Corporation, (Dublin) and Stephen
J. smith, Attorney, (Law Director) , made this day of
"""'''lfiJ -
, 1995.
_ki;jl WITNESSETH:
WHEREAS, Dublin and the Law Director wish to continue
their professional relationship.
NOW, THEREFORE, intending to be bound by this agreement,
the parties agree as follows:
1. Routine Services. The Law Director agrees to
provide and Dublin agrees to pay for the following routine services
at the rate of $95.00 per hour:
A. Attendance at all regular and special Council
meetings.
B. Attendance at all regular and special Planning
and Zoning commission meetings.
.~'tt
C. Attendance at all sessions of Mayor's Court.
D. Attendance at other board and commission
-"'!$ meetings upon the request of the chairman or
upon the request of the Manager.
E. Drafting of ordinances and resolutions upon
request of the Manager or Staff.
F. Provide Manager with itemized monthly
statement for services rendered.
G. Attendance at additional meetings not
specified under Regular Services.
H. Representing the City in all litigation
matters, administrative hearings, etc.
SJS/BJG/173114
035505.078
;
I. All other work as requested by the Manager,
Staff and/or Council subject to prior approval
of the Manager.
J. Providing legal advice to City officials as
necessary or upon request, and attending
meetings and/or conferences as requested by
City officials.
W'i".~'O;1 K. Responding to Manager and Staff inquiries.
L. Attendance at meetings, and discussions with
- city, County, State and Federal officials and
other governmental officials.
M. Attendance at meetings with the development
community and Staff.
N. Review and approval of all contracts,
ordinances, etc.
2. Special Counsel. The Law Director will have the
right to utilize the services of other attorneys both within his
firm and outside his firm as Assistant Law Director, Prosecutor
and/or Special Counsel, subject to the Manager's prior approval as
to individual cases and fee arrangements.
Pursuant thereto, Mitchell H. Banchefsky shall continue
to serve as Assistant Law Director/Prosecutor, and Scott R.
-
Mergenthaler shall continue to serve as Assistant Prosecutor.
","",,'1<li 3 . Miscellaneous Provisions.
A. It shall be the responsibility of the Law
Director to pay for any and all municipal
publications, services, updates, seminars,
etc. that he or his office may utilize on
Dublin's behalf, except that Dublin shall be
responsible for payment of the Law Director's
and Assistant Law Director's membership in
municipal associations/programs which require
membership by the municipal corporation.
B. The Law Director shall cause to be installed
at his own cost and expense separate dedicated
SJS/BJG/173114
035505.078 2
I
..
. .
telephone lines and related software so as to
facilitate the exchange of data between the
Law Director's computer system and that of the
City of Dublin and vice versa.
C. In the event that the Law Director becomes
incapacitated, is for any other reason unable
to perform his duties or no longer serves as
- Law Director, it is hereby agreed that his
files and records shall become Dublin's
property except for information which would be
classified as work product under Ohio law,
- which the Law Director shall, upon direction
of the City Manager, release said materials to
an attorney designated by the city Manager.
4. Effective Date: The effective date of this contract
is January I, 1996 through December 31, 1996.
IN WITNESS WHEREOF, the parties have executed this
Agreement.
CARLILE PATCHEN & MURPHY
Stephen J. Smith, Law Director
CITY OF DUBLIN
~
Timothy C. Hansley, Manager
_i#<!Ii
SJS/BJG/173114
035505.078 3
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I N T E R
- MEMO
0 F F I C E
-
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager I ~~
Subject: Recommendation Regarding Legal Services Contract .'
Date: November 16, 1995
The attached legislation provides for the continuation of our current contract with the Law Director
for an additional year under the same terms and conditions as for the previous two years.
As Council will recall from previous discussions, our Charter currently mandates that the City
Manager recommends a Law Director to City Council who then may authorize no more than a one-
year contract. It has been my belief in the past that this limitation on contract length would make it
somewhat impractical, and adverse to the needs of the City, to seek formal proposals every year. The
Charter Commission has reviewed this issue and is proposing language that will allow for multi-year
contracts. If.this change is approved by Council and by the electorate, formal proposals will be
sought in mid-1996 for services beginning in January, 1997. At that time, I would recommend,
subject to review and approval of Council, a contract period ofthree years.
~11: In regard to the current situation, my recommendation is based on a very favorable review of the past
several years oflegal activity. The move of Steve Smith and Mitch Banchefsky to the firm of Carlile
~!>Ii Patchen Murphy has greatly improved their ability to respond to our needs in a timely and
professional manner. Also, with our continuing volume of legal activity, it is impractical to change
firms in the absence of an overriding reason to make such a move; especially for a one-year period.
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