HomeMy WebLinkAbout2016-04-04-J01H Ahlers & Cooney Waiver and Consent AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 4, 2016
AGENDA ITEM: Consideration of approval of waiver and consent with Ahlers & Cooney,
P.C.
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The Waukee Community School District has asked
Ahlers & Cooney, P.C., to represent it in drafting a 28E agreement
between the City and the school for the shared use of parking facilities
currently in existence and to be constructed near the Waukee Middle
School. Ahlers & Cooney requests that the City waive the concurrent
conflict of interest their firm has as a result of the representation
provided to the City with regard to financing matters.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: City staff recommends approving the waiver and
consent.
RECOMMENDATION: Approve the waiver and consent.
ATTACHMENTS: I. Ahlers & Cooney, P.C., letter regarding waiver and consent
PREPARED BY: Becky Schuett
REVIEWED BY:
e fllm?FEoNEY
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.ahlerslaw.com
Conner L. Wasson
515.246.0341
cwasson@ahlerslaw. com
March 30,2016
Mayor and Council Members
City of Waukee, Iowa
Dear Mayor and Council Members:
Our f,rrm 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
ttre drafting of a28E shared use agreement concerning the construction, maintenance, and use of
parking stalls located near the Waukee Middle School building ("Shared Use Agreement").
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 Shared Use
Agreement, described above.
While the Shared Use Agreement 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 (I) the representation of one client will be directly ødverse 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 f,rrm's representation of the District in drafting the
Shared Use Agreement 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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Page2
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
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 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,
Conner L. Wasson
CLWsp
cc: Steve Brick
0r22s4t4-t\13379-000
Page 3
The City Council of the City of Waukee, Iowa hereby waives and consents to any actual,
potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.'s representation
of the City of Waukee and the Waukee Community School District with respect to the above
referenced transactions.
Dated this _ day of ,2016.
CITY OF WAUKEE,IOWA
By:
Mayor
By:
City Clerk
01225414-1\13379-000