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Resolution - #93-02-019 - 02/09/1993
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Resolution - #93-02-019 - 02/09/1993
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Resolutions & Ordinances
Resolutions or Ordinances
Resolutions
Resolution or Ordinance Number
#93-02-019
Document Date
02/09/1993
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I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I$ <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> JOINT DEFENSE AGREEMENT <br /> <br /> 1. The City of Rarnsey ("City") has been named as a defendant in two actions filed in the <br />Fourth JudiCial District, File Nos. 93-00218 and 00219, entitled John Starks v. Minnesota Police <br />Recruitmentgysmm. et al. and Christopher Fields v. Minnesota Police Recruitment System. et al. <br />("Lawsuits"). The plaintiffs in the Lawsuits allege that the defendants have allegedly engaged in <br />activities that;res,ult in a racial discriminatory impact on the plaintiffs. The complaints name as <br />defendants 3~ji cities and the Minnesota Police Recruitment System. <br /> 2. The City has been advised by the firm of Holmes & Graven in a letter dated January 27, <br />1993 of the r .arnifieations, including the advantages and risks, involved in having a single law firm <br />jointly repre~nt all of the defendants in the Lawsuits. The City has also been advised by Holmes <br />& Graven that it should consult with independent counsel as to whether it should agree to be jointly <br />represented bY one attorney in the case. <br /> 3. The City believes that it is in its best interests to retain Holmes & Graven to defend the City <br />in the case and to have Holmes & Graven jointly represent the other defendants in the Lawsuits. <br /> <br /> Based on the above recitals, the City agrees as follows: <br /> 1. The ~ty retains the f'mn of Holmes & Graven to represent it in the Lawsuits and consents <br />to having Holmes & Graven represent the other defendants in the Lawsuits. The City understands <br />that Holmes: & Graven will bill MPRS and that the allocation of defense costs will be decided by <br />the MPRS Board. <br /> 2. The City Understands that by entering into this agreement that confidential communications <br />between itself and Holmes & Graven may be discussed by Holmes & Graven with the other <br />defendants. <br /> 3. By en,tering into this Agreement, the City does not waive any attorney/client, work product <br />privilege, right of immunity, which the City or its attorney may be entitled to invoke. The City <br />specifically iSnotwaiving these fights as to any third party that is not a defendant in the Lawsuits. <br /> 4. The City may revoke this Agreement at any time by providing written notice to Holmes & <br /> <br />Graven. <br /> <br />Date: February 25, 1993 <br /> <br />By <br /> <br /> Its C±ty Adm±n±strator <br /> <br /> <br />
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