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Legislation #: 180625 Introduction Date: 8/23/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Consenting to representation of the plaintiffs in the lawsuit captioned Samuel E. Mann v. State of Missouri, et al. by Fields _ Brown, LLC.

Legislation History
DateMinutesDescription
8/23/2018 Filed by the Clerk's office
8/23/2018 Referred to Finance and Governance Committee
8/29/2018 Advance and Do Pass, Consent
8/30/2018 Passed

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FileTypeSizeDescription
180625.pdf Authenticated 53K Authentication
180625 fact sheet.docx Fact Sheet 20K fact sheet
180625 Ordinance.pdf Other 82K Ordinance
NO Fact sheet.pdf Other 369K No Fact Sheet

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ORDINANCE NO. 180625

Consenting to representation of the plaintiffs in the lawsuit captioned Samuel E. Mann v. State of Missouri, et al. by Fields & Brown, LLC.

 

WHEREAS, Fields & Brown, LLC currently has a contract with the City, through its City Attorney’s Office, and additional contracts are possible; and

 

WHEREAS, Fields & Brown represents the plaintiffs in a lawsuit against the State of Missouri concerning the State’s preemption of minimum wage laws, wherein the City and the Mayor are named as defendants only for the purpose of providing complete relief among the parties with respect to the plaintiffs’ claims; and

 

WHEREAS, the citizens of Kansas City voted to approve a municipal minimum wage ordinance that could not be implemented due to State preemption, and the Council supports a municipal minimum wage; and

 

WHEREAS, although the minimum wage preemption case is not related to any work that is being performed or would be performed by Fields & Brown for the City, under the Missouri Rules of Professional Conduct, informed consent is required; and

 

WHEREAS, the City Attorney has recommended that the Council consent to Fields & Brown’s representation of the plaintiffs in the lawsuit captioned Samuel E. Mann v. State of Missouri, et al. and any subsequent litigation concerning State minimum wage preemption when the City Attorney determines the City will not be adversely affected by such representation; NOW, THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF KANSAS CITY:

 

Section 1. That the Council gives informed consent, pursuant to Rule 4-1.7 of the Missouri Rules of Professional Conduct, to representation of the plaintiffs in the lawsuit captioned Samuel Mann v. State of Missouri, by Fields & Brown, LLC, and any subsequent litigation concerning State minimum wage preemption when the City Attorney determines the City will not be adversely affected by such representation.

 

Section 2. That the Council waives the provision contained in Section 2-83, Code of Ordinances, that a department may not execute a contract with a law firm who represents any party in litigation against the City, and authorizes the City Attorney to execute future contracts with Fields & Brown LLC, subject to the City’s procurement ordinances.

 

_____________________________________________

 

Approved as to form and legality:

 

___________________________________

Cecilia Abbott

City Attorney