99670
1 RESOLUTION NO. 9,967
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3 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO SEEK
4 DISQUALIFICATION OF ANY ATTORNEY WHO REPRESENTS AN
5 INTEREST ADVERSE TO THE CITY WHILE ALSO REPRESENTING A
6 CITY BOARD OR CONMSSION; AND FOR OTHER PURPOSES.
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8 WHEREAS, the City has both inherent authority and statutory authority to create various
9 boards and commissions; and
10 WHEREAS, some of these boards and commissions have the statutory authority to hire
i l separate legal counsel; and
12 WHEREAS, these boards and commissions still act in the City's interest and are subject to
13 being abolished and made a department of the City, hence despite any statutory autonomy they are
14 not totally separate and apart from the City; and
15 WHEREAS, on more than one occasion counsel selected by these boards and commissions
16 have decided to represent interests adverse to those of the City in litigation and other matters; and
17 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, believes that this
18 action constitutes a conflict of interest pursuant to the Arkansas Model Rules of Professional
19 Conduct, particularly for those boards and commissions who supervise property that is owned by
20 the City of Little Rock for the use and benefit of a particular commission, as long as that
21 commission exists as other than a City department; and
22 WHEREAS, the City Attorney has not been provided clear guidance as to what position to
23 take when an attorney who represents City interests in one capacity appears in a position adverse
24 to the City in some action and, the Board of Directors wishes to provide that guidance.
25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
26 THE CITY OF LITTLE ROCK, ARKANSAS:
27 SECTION 1. The City Attorney is directed to file all appropriate motions to seek
28 disqualification of any attorney who represents a position adverse to the City if that attorney also
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represents a City board or Commission and, to specifically state in that motion that the Board of
Directors has not waived any conflict of interest.
SECTION 2. The City Attorney is further directed to file an interlocutory appeal of any 196
adverse ruling on this question of attorney disqualification to the appropriate appellate court and,
to pursue all other legal avenues to direct the disqualification of such an attorney.
SECTION 3. The Board of Directors reserves the right to, from time to time, expressly
waive by Board action any conflict of interest brought to its attention, but the Board notes that such
an express waiver can only be made in an open meeting after public discussion of the issue.
PASSED: April 15, 1997
ATTEST:
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14 Robbie Hancock, City Clerk
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APPROVED AS TO FORM:
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Thomas M. Carpenter, City AtWrney
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APPROVED:
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J' ailey, Mayor