RESOLUTION NO. RS2000-253

A resolution authorizing the employment of special counsel to represent the interests of The Metropolitan Government of Nashville and Davidson County in the case of Frances Hampton, as next friend and natural mother of William Binkley v. Metropolitan Government of Nashville, Davidson County.

Whereas, the Metropolitan Government presently has pending against it the case of Frances Hampton, as next friend and natural mother of William Binkley v. Metropolitan Government of Nashville, Davidson County, 98C-1674, which alleges that William Binkley was assaulted in his apartment and, as a result of the negligence of the Metropolitan Government, William Binkley suffered injuries, incurred medical expenses, loss of earning capacity, pain and suffering and death; and

Whereas, the Metropolitan Government alleges that the actions of the two persons who assaulted William Binkley in his apartment were responsible for William Binkley's injuries and death; and

Whereas, in the related criminal trial of the two assailants, one of the assailants, Robert Earl Johnson, was represented by Karl Dean, who currently serves as the Director of Law for the Metropolitan Department of Law; 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; and

Whereas, in order to prevent a conflict of interest in this matter, the interests of the Metropolitan Government require the employment of a special counsel; and

Whereas, Martha Zendlovitz represented the Metropolitan Government as a defendant in this case before she left the Department of Law and entered private practice.

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 represent the Metropolitan Government in the case of Frances Hampton, as next friend and natural mother of William Binkley v. Metropolitan Government of Nashville, Davidson County, 98C-1674.

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: Bettye Balthrop

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	June 20, 2000
Adopted:	June 20, 2000
Approved:	June 22, 2000
By: