ADOPTED 07/20/1999

RESOLUTION NO. R99-1631

A resolution authorizing the employment of special counsel to assist in representing the interests of The Metropolitan Government of Nashville and Davidson County and its Metropolitan Employee Benefit Board in the consolidated cases of Wayne Faust, Robert Clark, and Nashville Police Civilian Association, Inc. v. Metropolitan Government of Nashville, Davidson County, Tennessee; Metropolitan Employee Benefit Board, and Owen Frame, Elese Daniel, Jr., and The Nashville Fire Fighters And Fire Service Employees Association Local 763, v. Metropolitan Government of Nashville and Davidson County, Tennessee; Metropolitan Employee Benefit Board.

Whereas, the Metropolitan Government presently has pending against it and its Metropolitan Employee Benefit Board the case of Wayne Faust, Robert Clark, and Nashville Police Civilian Association, Inc. v. Metropolitan Government of Nashville, Davidson County, Tennessee; Metropolitan Employee Benefit Board, which alleges that the Metropolitan Government and its Benefit Board violated the constitutional rights of the police civilians with regard to their pension benefits; and,

Whereas, the Metropolitan Government and its Benefit Board also have pending against them the consolidated case of The Nashville Fire Fighters And Fire Service Employees Association Local 763, v. Metropolitan Government of Nashville and Davidson County, Tennessee; Metropolitan Employee Benefit Board, which alleges that the Metropolitan Government and its Benefit Board violated the constitutional rights of the fire civilians with regard to their pension benefits as a result of action taken by the Metropolitan Government and its Benefit Board in connection with the first lawsuit; and,

Whereas, the Metropolitan Government and the officers have alleged that the rights of the police civilians and the fire civilians were not violated; and,

Whereas, the interests of the Metropolitan Government and its Benefit Board have been represented in the consolidated cases by Martha Zendlovitz, Metropolitan Attorney; and,

Whereas, a declaratory judgment was entered in a portion of the consolidated cases of Wayne Faust, Robert Clark, and Nashville Police Civilian Association, Inc. v. Metropolitan Government of Nashville, Davidson County, Tennessee; Metropolitan Employee Benefit Board, and Owen Frame, Elese Daniel, Jr., and The Nashville Fire Fighters And Fire Service Employees Association Local 763, v. Metropolitan Government of Nashville and Davidson County, Tennessee; Metropolitan Employee Benefit Board, and an appeal of the declaratory judgment was filed; and,

Whereas, the consolidated cases involve numerous and complex issues, and procedurally include the appeal of the declaratory judgment and may include the trial of and appeals from multiple remaining issues; and,

Whereas, Martha Zendlovitz has now left the employment of the Department of Law to enter private practice; and,

Whereas, the loss of the services of Martha Zendlovitz, who has expended many hours in the research, investigation, and the preparation of these consolidated cases, would have a deleterious impact on the defense the Metropolitan Government and its Benefit Board; and,

Whereas, the Director of Law deems it to be in the best interest of the Metropolitan Government to retain Martha Zendlovitz as counsel to help defend these cases on behalf of the Metropolitan Government and its Benefit Board; 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;

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. The Metropolitan County Mayor is authorized to employ Martha Zendlovitz as special counsel to assist in representing the Metropolitan Government and its Benefit Board in the consolidated cases of Wayne Faust, Robert Clark, and Nashville Police Civilian Association, Inc. v. Metropolitan Government of Nashville, Davidson County, Tennessee; Metropolitan Employee Benefit Board, and Owen Frame, Elese Daniel, Jr., and The Nashville Fire Fighters And Fire Service Employees Association Local 763, v. Metropolitan Government of Nashville and Davidson County, Tennessee; Metropolitan Employee Benefit Board, Davidson County Chancery Court No. 96-3238-III.

Section 2. Special counsel shall submit a monthly statement to the Director of Law for services rendered and expenses incurred in accordance with the Regulations For The Reimbursement of Fees and Expenses Incurred By Employees Authorized to Retain Private Counsel which have been promulgated by the Director of Finance, in consultation with the Director of Law..

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

Sponsored By: Roy Dale

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	July 20, 1999
Adopted:	July 20, 1999
Approved:	July 21, 1999
By: