HomeMy WebLinkAbout2017-11-06-J01F Ahlers and Cooney Waiver and Consent AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 6, 2017
AGENDA ITEM: Consideration of approval of a motion approving waiver and consent to
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 some easements for the school district associated with an
adjacent development of which the City will be the beneficiary of the
proposed easements.
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 these proposed easements.
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: Brad Deets
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
AnLERs CtrErNEY
Ahlers & Cooney, P.C.
Attorneys at Law
100 Court Avenue, Suite 600
Des Moines, lowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www,ah lerslaw.com
Conner L. Wasson
515.246.0341
cwasson@ahlerslaw. com
ATTT]RNEY5
October 6,2017
Mayor and Council Members
City of Waukee,Iowa
Dear Mayor and Council Members:
Our firm concurrently represents the City of Waukee ("City") and the Waukee Community
School District ("District"). Recently, we have been asked to represent the District with regard to
the review of a Public Overland Flowage Easement and a Public Storm Sewer Easement
("Easements").
We do not believe such representation presents a direct conflict of interest, but it is our duty
to inform you of the nature of the concurrent representation. For the District we provide legal
services regarding employment, construction, education, labor relations, litigation, real estate and
finance. The matters for which our firm is currently representing the City are generally limited to
finance ("City Transactions"). This firm is not representing the City related to the Easements,
described above.
While the Easements and the City Transactions are not related to each other, such
representation could be perceived as a concurrent conflict ofinterest under the ethical standards
governing the practice of law in Iowa. From a strict 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, as noted above, but our firm's representation of the District in reviewing the
Easements will technically be directly adverse to the 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
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representation does not involve the assertion of a claim by one client against another reprcscntcd
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
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 in order to proceed. We are requesting the same from the District.
Please feel fi'ee to contact me with any questions or concerns. If you consent to the
concurrent representation, please so indicatc below and rcturn a copy of this fully cxccutcd lcttcr
to my attention. Thank you.
Very truly yours,
, P.C.
Conner L. Wasson
CLWke
cc: Steve Brick
01412903-1\13379-083
&
Page 3
The City Council of the City of Waukeeo Iowa hereby waives and consents to any actual,
potential, or pereeived conflict of interest associated with Ahlers & Coone/, P,C.'s representation
of the City of Waukee and the Waukee Corirmunity School District with respect to the above
referenced transactions.
Dated this day of 20t7.
CITY OF WAUKEE,IOWA
By:
Mayor
By:
City Clerk
0 14 I 2903-l\13379-083