Fiscal Note
No City appropriation required.
Title
Creating Section 3.07(3) of the Madison General Ordinances related to Informed Consent to permit the Office of the City Attorney to communicate information related to its representation of the City in order to consult with other attorneys for purposes of collaboration and more effective legal representation.
Body
DRAFTER’S ANALYSIS: Prompted by the American Bar Association Formal Opinion 511 regarding the use of professional listservs, the Office of the City Attorney (OCA) has drafted a proposed amendment to MGO 3.07 to be granted informed consent by the Common Council to permit the OCA to communicate information related to its representation of the City in order to consult with other attorneys for purposes of collaboration and more effective legal representation. The ordinance permits the Common Council to restrict or specify categories of information the OCA is allowed to disclose, and authorizes the Mayor to provide informed consent in specific instances where the Office of the City Attorney deems it necessary to seek it regarding a specific communication. The ordinance also requires that the OCA provides a written reminder of the informed consent provided pursuant to the ordinance to newly-elected and appointed members of the Common Council.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (3) entitled “Informed Consent” of Section 3.07 entitled “City Attorney” of the Madison General Ordinances is created as follows:
“(3) Informed Consent.
(a) Pursuant to this section, the Common Council provides informed consent for the Office of the City Attorney to share information regarding the Office’s representation of the City, including the identity of the City as a client and information which may not be available to the public at the time of release, to the extent necessary for the pu...
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