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