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CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2021-135: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $150,000 FROM THE GENERAL FUND BALANCE TO PAY PENDING OUTSIDE LEGAL FEES ACCRUED THROUGH FYE 2021.
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BACKGROUND: The Fiscal Year Ending June 30, 2021 (FYE 21) Budget appropriated $215,000 for outside legal fees. That funding has now been depleted. Additional expense for outside legal work for the remainder of FYE 21 is estimated to be $150,000.
DISCUSSION: The Legal Services account (1012220-44011) was allocated $215,000 for FYE 21 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 (supplemental, specialized and independent legal expertise to in-house City Attorney staff), 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 requested as a supplemental appropriation on an "as-needed" basis. In FYE 21, the primary draws on this account have come from employee grievance arbitrations; litigation related to appeals of two City Council zoning decisions to District Court; and litigation related to a death while in custody at Cleveland County jail. June invoicing has not been received yet and additional appropriation is anticipated to cover the remainder of the FYE 21 invoices.
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 ar...
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