Madison, WI Header
File #: 82492    Version: 1 Name: Police and Fire Commission Outside Legal Counsel
Type: Resolution Status: Passed
File created: 3/13/2024 In control: POLICE AND FIRE COMMISSION
On agenda: 4/16/2024 Final action: 4/16/2024
Enactment date: 4/18/2024 Enactment #: RES-24-00275
Title: Authorizing the City to retain outside counsel on a non-competitive basis to provide general legal representation of the Police and Fire Commission.
Sponsors: Satya V. Rhodes-Conway
Attachments: 1. Renning Lewis & Lacy - Non-Competitive Selection Request - CC Approval Required March 2024, 2. PFC - Renning Lewis & Lacy POS Agreement 2024

Fiscal Note

The proposed resolution authorizes the City to retain outside counsel on a non-competitive basis to provide general legal representation of the Police and Fire Commission. A contract with a three-year term beginning May 1, 2024, will be executed allowing Renning, Lewis & Lacy, S.C. and Attorney Jenna Rousseau to provide these legal services on terms approved by the Office of the City Attorney. The resolution also authorizes one additional two-year extension of the contract upon written agreement of the parties within thirty days prior to the end of the initial term. The cost of the services has ranged from $23,500 to $41,000 over the last three years (2021 - 2023). Funding of $100,000 is included in the 2024 Direct Appropriations operating budget for the Police and Fire Commission’s legal services and appraisal consulting services. No appropriation is required at this time.

 

Title

Authorizing the City to retain outside counsel on a non-competitive basis to provide general legal representation of the Police and Fire Commission.

Body

WHEREAS, the City’s Police and Fire Commission (the “Commission”) has statutory duties required by Chapter 62 of the Wisconsin Statutes, and is responsible for the hiring of the chiefs of the police and fire departments, maintaining eligibility lists of other police and fire staff, conducting disciplinary hearings of sworn police and fire staff upon complaints from the police or fire chief or from other aggrieved parties, among other duties; and

 

WHEREAS, the Commission requires regular legal counsel separate from the Office of the City Attorney (“OCA”) to appropriately manage, execute and delegate these responsibilities accordingly, especially since the OCA is responsible for representing the Police or Fire Chief in such disciplinary hearings; and

 

WHEREAS, Atty. Jenna Rousseau and Renning, Lewis & Lacy, S.C. have the required specialized knowledge and expertise on these specific types of issues having represented numerous parties, including government agencies; and

 

WHEREAS, under MGO Sec. 4.26(4)(a)3., the City may retain services of an attorney without competitive bids; and

 

NOW, THEREFORE, BE IT RESOLVED that the City hereby agrees to retain the firm of Renning, Lewis & Lacy, S.C. and Attorney Jenna Rousseau to provide legal services to the Commission as the Commission sees fit; and

 

BE IT FURTHER RESOLVED that the Mayor and the City Clerk are authorized to execute a contract for purchase of services with a three (3) year term beginning May 1, 2024 allowing Renning, Lewis & Lacy, S.C. and Attorney Jenna Rousseau to provide these legal services on the terms approved by the OCA; and

 

BE IT FURTHER RESOLVED that the City is authorized to pay for legal services pursuant to the contract; and

 

AND BE IT FINALLY RESOLVED that the Mayor and City Clerk are authorized to enter into one (1) additional two (2) year extension of the contract upon written agreement of the parties within thirty (30) days prior to the end of the initial term.