ADOPTED 07/21/1998

WHEREAS, a lawsuit has been filed against the Metropolitan Government in which Metropolitan Attorney Francis H. Young and Assistant Director James L. Charles are expected to testify; and

WHEREAS, Disciplinary Rules 5-101 and 5-102 of the Code of Professional Responsibility adopted by Rule 8 of the Tennessee Rules of the Supreme Court prohibit attorneys from representing a party in litigation in which they or a lawyer in their firm ought to be called as a witness on behalf of their client; and

WHEREAS, it is obvious from the complaint in this matter that Mr. Young and Mr. Charles may be called as witnesses in this pending litigation on behalf of the Metropolitan Government itself; and

WHEREAS, Section 8.607 of the Metropolitan Charter provides for the employment of special counsel when the interest of the Metropolitan Government requires it:

SECTION 1: The Metropolitan County Mayor is authorized to employ the firm of Miller & Martin as special counsel in the case of Jeff Phillips, Samuel Carter, and David Polhemus v. Don Swartz and the Metropolitan Government of Nashville and Davidson County, Docket Number 3:98-0059 in the United States District Court for the Middle District of Tennessee, to represent the Metropolitan Government and any of its public officials or employees who request the firm to do so provided that neither those public officials nor the Metropolitan Government have differing interests.

SECTION 2: Special counsel shall periodically submit a statement to the Director of Law for services rendered to The Metropolitan Government of Nashville and Davidson County, its officers and employees. Special counsel shall be paid such compensation as the Mayor, the Director of Finance and the Director of Law shall determine to be reasonable compensation for services rendered.

SECTION 3: This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Chris Ferrell