(a) When the cost of such services is or will be in excess of the amounts provided in Article VIII, Section 6 of the Charter, the Mayor is hereby empowered and authorized to employ special legal counsel, who may be one or more, or a firm of attorneys at law for the purpose of assisting the Director of Law and the Assistant Director of Law or for the purpose of, under the supervision of the Director of Law or Assistant Director of Law, representing the City in the handling of litigation, including trial preparation and the conduct of trials or other proceedings in court or before any administrative body, for advisory opinions, and for specialized legal services in a particular branch of law subject to and in accordance with the provisions of this section.
(b) Special legal counsel may be employed by the Mayor only under the following circumstances:
(1) The Director of Law has first certified in writing to the Mayor and Council that neither he nor the Assistant Director of Law should, for a stated specific reason as is consistent with the Code of Professional Responsibility applicable to lawyers and the Disciplinary Rules thereunder, handle the legal matter without employing special legal counsel to assist in or to represent the City in a specific legal matter.
(2) Council approves the employment of special legal counsel by ordinance.
(c) Any ordinance of Council authorizing and approving the employment of special legal counsel shall indicate:
(1) The name of the person or persons or firm of attorneys at law who shall be employed as special legal counsel;
(2) The nature of the specific legal services to be provided by the special legal counsel including whether the special legal counsel is to assist the Director of Law or the Assistant Director of Law or is to represent the City under the supervision of the Director of Law or Assistant Director of Law;
(3) The fees to be paid to the special legal counsel for legal services including both the hourly rate and the maximum amount to be paid for such services;
(4) Whether the City or the special legal counsel shall be responsible for the payment of the costs and expenses, other than the fees for legal services, associated with and related to the specific legal services and if the City is to be responsible, a description of such costs and expenses and the approximate amount thereof; and
(5) The anticipated duration of such employment.
(d) The special legal counsel shall submit, not less than every thirty days, to both the Mayor and the Clerk of Council, a statement reflecting the legal fees earned and a report detailing the progress of the specific legal matter.
(e) The City and its officers, employees, agents, officials and representatives shall not be liable for or obligated in any manner to pay legal fees to the special legal counsel except as set forth in the duly adopted and approved ordinance employing the special legal counsel.
(Ord. 90-113. Passed 12-17-90.)