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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 WrsH^RD&BArLy-l888iGuERNsEy&BArLy-1893;BArLy&STtpp-1901ìSTtpp,PERRY,BANNrsrER&STARZTNGER-l9l4iBANNrsrER,CARPENTER, AHLERS & CooNEy - 1950: Ar'iLERs, CooNEy, DoRWE|LER, ALLBEÊ, H^yNrE & SM|TH - 1974; A|]LERS, CooNEy, DoRWEÌLER, HAyNiE, S[4rï] & ALLBEÉ. P.C. - 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