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HomeMy WebLinkAbout2024-03-04 I01L Conflict Waiver Request_Ahlers and CooneyAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 4, 2024 AGENDA ITEM:Consideration of approval of a motion approving Conflict Waiver Request with Ahlers & Cooney, P.C. [Waukee Community School District Transportation Facility] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The Waukee Community School District has requested Ahlers & Cooney to represent them regarding a 28E agreement between the District and Urbandale Sanitary Sewer District for a sanitary sewer project at a new transportation facility. The City of Waukee will be asked to join the 28E agreement at a future date. Although Ahlers & Cooney does not believe there is a conflict of interest, they have requested that the City consent to the attached waiver regarding their work on the agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the motion. ATTACHMENTS: I. Conflict Waiver Request PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1L Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Conner L. Wasson 515.246.0341 cwasson@ahlerslaw.com WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 February 12, 2024 Via Email steve.brick@brickgentrylaw.com City of Waukee c/o Steve Brick, City Attorney 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266 RE: Conflict Waiver Request – 28E Agreement Dear Steve: We have been asked to represent the Waukee Community School District (the “District”) related to a certain 28E agreement that the District has been asked to provide to the City of Waukee, Iowa (the “City”) and the Urbandale Sanitary Sewer District (“USSD”) for a sanitary sewer project at the new transportation facility. In the course of our Firm’s representation of the District, we would review or prepare a 28E agreement in which the City and USSD would join. As you know, our firm also currently represents the City on certain matters unrelated to this agreement, such as economic development and finance matters (“City Representations”). The purpose of this letter is to inform you that the proposed representation of the District and the City Representations present an ethical conflict of interest for our firm, and to seek the consent of the City to our representation of the District in this matter. While this work is not within the scope of the City Representations, this representation is a concurrent conflict of interest under the ethical standards governing the practice of law in Iowa. From a legal perspective, a concurrent conflict of interest exists under Iowa rules if (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client, or a third person or by a personal interest of the lawyer. We know that the second condition stated above does not apply to this situation, but our firm’s representation of the District on the matter will be directly adverse to City because they are concurrent representations. The state’s ethical rules allow a law firm to concurrently represent two adverse parties if (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing. We believe confidently that our attorneys February 12, 2024 Page 2 will be able to provide competent and diligent representation to each of their affected clients as the matters being addressed are totally unrelated, the representation is not prohibited by law, and there will not be an assertion of a claim as described. The purpose of this letter is to seek the written consent of the City to proceed with our representation of the District on the matter. We are requesting the same from the District and USSD. Please be aware that the Rules of Professional Conduct require that we represent all our clients with diligence and that we protect and maintain their confidences. Accordingly, we will not disclose or use any confidential information that we may have acquired about either party to the other in our prior or ongoing representation of the parties. In deciding whether to consent, you should consider how our representation as described above could or may affect you. For example, clients that are asked to waive or consent to conflicts should consider whether there is any material risk that their attorney will be less diligent on their behalf due to the conflict. Similarly, clients should consider whether there is any material risk that their confidential information or other proprietary matters will be used adversely to them due to the conflict. Although you are not required to do so, we recommend that you seek the advice of a lawyer outside of our Firm if you have any questions or concerns about whether you should sign this conflict waiver. Please feel free to contact me with any questions or concerns. If the City consents to the concurrent representation, please so indicate below and return a copy of this fully executed letter to my attention. Thank you. Very truly yours, AHLERS & COONEY, P.C. Conner L. Wasson CLW/amp February 12, 2024 Page 3 The City Council of the City of Waukee, Iowa waives and consents to any actual, potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.’s representation of the Waukee Community School District with respect to the above-referenced transaction despite the separate City Representations with the City of Waukee, Iowa. Dated this ___ day of _______________, 2024. CITY OF WAUKEE, IOWA By: ____________________________________ Print Name: _____________________________ Its: ____________________________________ 02303134\13379-000