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HomeMy WebLinkAbout2021-03-15-I02A Waiver and Consent - Ahlers and CooneyAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 15, 2021 AGENDA ITEM:Consideration of approval of a motion approving waiver and consent with Ahlers & Cooney, P.C. FORMAT:Motion SYNOPSIS INCLUDING PRO & CON: Ahlers & Cooney represents both the City of Waukee and the Waukee Community School District. They have been doing some work on a 28E agreement between both parties related to the installation of a traffic signal at Timberline Elementary School. Although Ahlers & Cooney does not believe this is a conflict of interest, they have requested that the City consent to the attached waiver regarding Ahlers & Cooney and 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. Waiver and Consent – Ahlers & Cooney PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I2A 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 March 2, 2021 Via E-mail Only to: Tim Moerman City Administrator City of Waukee 805 University Avenue Waukee, Iowa 50263 Kirk Johnson Chief Operations Officer Waukee Community School District 560 Southeast University Avenue Waukee, Iowa 50263 RE Conflict Waiver Letter - Chapter 28E Agreement Between the City of Waukee and Waukee Community School District for the Purchase and Installation of Traffic Control Device at Timberline Elementary Dear Mr. Moerman and Mr. Johnson: Our firm represents both the Waukee Community School District (“District”) and the City of Waukee (“City”) in different capacities. Recently, we have been asked to represent the District in reviewing a 28E Agreement with the City for the joint purchase and installation of a traffic control device near Timberline Elementary School. We would be pleased to do this work for the District; however, it is our duty to inform both parties that this firm regularly represents the City in other matters unrelated to this agreement, including public finance and certain development matters (“City Representation”) creating an ethical conflict of interest for our firm. While our review of this 28E Agreement is not within the scope of the City Representation, such representation is a concurrent conflict of interest under the ethical standards governing the practice of law in Iowa. 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, as noted above, but our firm’s representation of the District in reviewing this agreement will be directly adverse to the City, which is also a firm client, creating a concurrent conflict of interest. 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 will be able to provide competent and diligent representation to each of their affected clients as March 2, 2021 Page 2 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 District and the City in order to proceed. Please feel free to contact me with any questions or concerns. If you consent 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 CC: Steve Brick, City Attorney for the City of Waukee 01840282-1\13379-000 March 2, 2021 Page 3 The Board of Directors of the Waukee Community School District hereby waives and consents to any actual, potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.’s representation of Waukee Community School District and the City of Waukee with respect to the above-referenced transaction. Dated this _____ day of ____________________, 2021. WAUKEE COMMUNITY SCHOOL DISTRICT: By: _______________________________ Board President By: _____________________________ Board Secretary 01840282-1\13379-000 March 2, 2021 Page 4 The City Council of the City of Waukee hereby waives and consents to any actual, potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.’s representation of Waukee Community School District and the City of Waukee with respect to the above-referenced transaction. Dated this ___ day of _______________, 2021. CITY OF WAUKEE: By: _______________________________ Mayor By: _____________________________ City Clerk 01840282-1\13379-000