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RESOLUTION R-1819-123: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $101,360 FROM THE GENERAL FUND BALANCE TO PAY PENDING OUTSIDE LEGAL FEES ACCRUED THROUGH FYE 2019.
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BACKGROUND: The Fiscal Year Ending June 30, 2019 (FYE 19) Budget appropriated $125,000 for outside legal fees. That funding has now been depleted. Additional expense for outside legal work for the remainder of FYE 19 is estimated to be $101,360.
DISCUSSION: The Legal Services account (010-2220-412.40-11) was allocated $125,000 for FYE 19 for litigation expenses incurred for cases processed through the legal system during the fiscal year. This account pays all litigation costs, including outside legal counsel, trial preparation, expert and general witness fees, subpoenas, discovery, union contract arbitration and employment related issues, costs of appeals when necessary, and various other litigation expenses.
Because the filing of new lawsuits and litigation costs are somewhat unpredictable, additional funding is normally requested as a supplemental appropriation on an "as-needed" basis. In FYE 19, the primary draws on this account have come from employee grievance arbitrations, litigation related to appeals of two zoning decisions to District Court, an appeal of a Board of Adjustment decision regarding the City's oil and gas ordinance, and outside legal counsel services related to the separation of the former City Attorney.
Grievance Arbitrations
The City Attorney's Office provides advice concerning the employee disciplinary process and grievance filing. If grievances are not resolved in the grievance process, then an arbitration process can be requested resulting in a hearing before a neutral arbitrator; outside legal counsel has been utilized for arbitration processes for the last several years. The current unpaid balance for grievance arbitrations and other labor matters is approximately $23,750. It is anticipated an additional $5,00...
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