§ 108.505. Special counsels.

The City shall secure the use of legal services from outside "special counsel" in any of the following ways:

(a)

The General Counsel is authorized to expend appropriated funds, without additional Council action for, and to retain the assistance of special counsel to, represent the City with targeted issues in the following specialty subject areas, all of which do not require lengthy periods of representation, and, because of their highly specialized nature, infrequency, potential conflicts, or extraterritorial jurisdiction, do not lend themselves to representation by assistant general counsels, and generally require immediate legal responses: bankruptcy, copyright, patent and trademark, developments of regional impact, employee benefits and health care, entertainment, foreign jurisdiction litigation, immigration, intellectual property, maritime, Office of General Counsel employee issues, specialty contracts, stadium leases, taxation, and telecommunications.

(b)

Subject to availability of funds, the General Counsel shall be authorized to expend up to $50,000 annually, for the purpose of retaining special counsel, as needed, to act as primary or co-counsel on matters affecting the City. For use of these funds, the General Counsel shall certify in writing that the interests of the City require the retaining of such special counsel, either for a limited engagement, or as a predicate for the retention of special counsel under subsection (c) below, and shall receive written approval of the Council President. The annual $50,000 special counsel allocation shall be accounted for in a separate index code within the General Counsel's budget.

(c)

Except as provided in subsections (a) and (b) above, or subsection (d) below, special counsel shall only be employed by the City and paid from the public funds, (unless otherwise provided for any independent agency), whenever, upon recommendation by the General Counsel, the interest of the City requires special counsel. The City, by Council resolution, may employ such special counsel, who shall be paid a compensation for their services as the General Counsel shall determine and the Council shall approve, to be reasonable compensation for the services to be rendered.

(d)

Notwithstanding the provisions of subsection (a), (b), and (c) above, the General Counsel is authorized to associate special counsel as additional counsel for the City and its independent agencies in any matter, when such association can be effected at no cost to the City or its independent agencies.

(Ord. 68-45-32, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-618-314, §§ 3, 4; Ord. 73-1060-516, § 2; Ord. 83-591-400, § 1; Ord. 2004-990-E, § 1; Ord. 2006-827-E, § 1)

Note— Former § 23.102.