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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 WSHARD&BArLy-l8S8tGuERNsEy&BArLy-1893tBAil,y&Slrpp-1901;Slrpp,PF-RRY,BANNTSTER&SlARzrNcER-l9l4iBANNrsrER,CARPENrER, Page2 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