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