pages: CityCouncil/2005-05-12.pdf, 4
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CityCouncil | 2005-05-12 | 4 | The Assistant City Attorney responded Mr. Hartinger drafted the Agreement. Vice Mayor Gilmore stated that she thought that the Council was meeting to agree to hire an outside attorney and that the scope of work would be determined later; that she does not want her second to the motion to be considered as an approval of the Agreement. Mayor Johnson stated that the Council should not sign an Agreement without reviewing the scope of work; inquired whether the Council could make a motion to authorize the City Attorney to sign the Agreement hiring the outside attorney to work with the Council and finalize the Agreement when the scope of work is determined. Councilmember deHaan inquired whether the motion could be made in open or closed session, to which the Assistant City Attorney responded the motion must be made in open session. Councilmember Daysog stated that the scope of work would still need to come back to the Council. The Assistant City Attorney stated that the Council's agenda is to consider hiring an outside attorney to help with labor negotiations regarding the City Attorney's contract; the outside attorney would be the labor negotiator in closed session; the City Attorney would have a direct conflict in advising the Council on interpretations regarding her contract. Vice Mayor Gilmore stated that the scope is in paragraph 1 of Mr. Hartinger's letter [proposed Agreement]. The Assistant City Attorney stated that the scope of service is very narrow. Mayor Johnson stated that the scope can always be changed and looks fine; the Council could have the outside attorney do as little or as much as requested. The Assistant City Attorney stated retainers are not normally paid to outside counsel. Mayor Johnson suggested the retainer and the late payment provisions be removed; stated the Agreement should be left as is to allow the Council flexibility; outside counsel would not perform any services the Council does not want. Vice Mayor Gilmore stated that she would like Mr. Hartinger to Special Meeting Alameda City Council 4 May 12, 2005 | CityCouncil/2005-05-12.pdf |