HomeMy WebLinkAbout1979 Resolution No. 048• ~
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RESOLUTION NO. 4d
SERIES OP 1979
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A RESOLUTION APPOINTING THE LAW FIRM OF DAMAS AND SMITH AS SPECIAL
COUNSEL FOR THE PURPOSE OF PRESENTING A PETITION FOR UNIT DETERMINA-
TION TO THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, Section 67 of the Englewood Home Rule Charter pro-
vides in pertinent part as follows:
"67: SPECIAL COUNSEL
"The Council may, on its own motion, or upon
the request of the City Attorney, in special
cases, employ special counsel to serve under the
direction of the City Attorney. "
AND WHEREAS, Bernard v. Berardini, City Attorney, has
formally requested this Council to consider the appointment of the
law firm of Damas and Smith, Attorneys at Law, in the presentation
of a Petition for Unit Determination before the Englewood Career
Service Board: and
WHEREAS, the firm of Damas and Smith, having become. familiar
with the Charter, Ordinances, and labor contracts and practices
of the City and possessing the qualifications, training, and
experience in the field of labor and employee relations to present
said Petition: and ·
WHEREAS, it is the desire of the Council to grant the request
of the City Attorney to provide special counsel in said matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That Damas and Smith, Attorneys at Law, are hereby
appointed special counsel, pursuant to Section 67 of the Englewood
City Charter, to present the City's position relative to a Petition
for Unit Determination before the Career Service Board of the City
of Englewood at such time as the Board shall establish said hearing
and to work jointly with the City Attorney's office in the proper
presentation of this case before said Career Service Board •
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Section 2. That the compensation to be paid for said special
counsil shall be at the rate of Fifty Dollars ($50) per hour
toqether with the necessary costs of travel and reproduction and
other necessary off ice expenses that may be incurred. Payments for
said special counsel shall be made monthly pursuant to billings
received therefor.
ADOPTED AND APPROVED this 19th day of November, 1979.
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Attest:
<YtJ/YU~ L z.,J ~
~uty Clty-clerk
I, Janice L. Watkins, Deputy City Clerk of the City of
Enqlewood, Colorado, hereby certify that the above is a true,
accurate, and complete copy of Resolution No. 48 , Series of
1979. -
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{/ · -Janice· L. Watkins
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City of Englawaad
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Bernard v. Berardini, City Attorney
RE: Request for Special Counsel
November 15, 1979
3400 S. Elatl Street
Englewood, Colorado 801 t O
Phone(303)781·1140
The City Manager has, in his Memorandum of November 15, 1979, a copy
of which ia enclosed in the Council packet, identified a situation
whereby a group of twenty-five (25) City employees (list attached)--
sometimes called "Mid-Managers"--desire to withdraw from formal
representation by each of the three employee organizations •
On November 1, 1979, a 'Petition for Unit Determination' by said Mid-
Managers, pursuant to Chapter 10, Title v, of the City Code, was
submitted to the Career Service Board, who shall ultimately proceed
to determine whether the Petition submitted shall be granted and the
twenty-five (25) employees be withdrawn from the employee associatiops.
Over the past several years, the law firm of Damas and Smith of Denver
has been retained annually by the Public Employers Group, Inc., a
Colorado corporation, (P.E.G.),on matters involving labor and employee
relations. The services of Damas and Smith, for twelve (12) hours of
consultation, are offered to member cities, including the City of
Englewood, without direct cost other than the membership costs levied
on each member city. It appears now that the twelve (12) hours have
been exhausted and the firm is in a position where it must now charge
standard rates for consultation and representation.
I have discussed the matter at length with Mr. Smith. I have had the
opportunity to talk with both Mr. Damas and Mr. Smith with reference
to the various matters presently pending before the Board as well as
other leqal issues as a result of the City's Charter, Ordinances, and
contracts. These attorneys enjoy an excellent reputation in the
leqal community as labor attorneys, Mr. Damas having been involved in
labor law in the leqal department for the City of Detroit and having
confined his practice entirely to labor relations. As mentioned above,
he ia consultant to P.E.G., which represents more than twenty (20)
• cities as well as Denver Metro Dewer District. Mr. Smith is equally
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Mayor and Members of City Council
Page 2
November 15, 1979
experienced in the field of labor relations and has been in association
with Mr. Damas for approximately five years. Both lawyers have repre-
sented numerous municipalities in the Denver Metropolitan area on
various occasions.
I am, therefore, requesting that Damas and Smith be appointed as
special counsel to assist and to present, on behalf of the City, a
Petition for Unit Determination before the Career Service Board and
other consultive and advisory services during the period the Petition
is pending before the Board.
I have taken the liberty of preparing and attaching a Resolution to
this Memorandum for your consideration at the regular Council meeting
on November, 19, 1979.
R~'1'ectf ully s~bmi
--""'"(/LI!--..__ ...... __ _
rnard v. Berar
ty Attorn '
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Attachments
cc: Andy Mccown, City Manager
Jimmy Curnes, Assistant City Manager
Mel BeVirt, Director of Employee Relations
Rick DeWitt, Assistant City Attorney
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ClassiU cat ioo
Assistant Direetor/Planning
Assistant Director/Housing
Olief a.tilding Inspector
Civil Engineer
Office lihgineer
Assistant Director/Finance
Deputy Fire Olief
Battalion Cllief
Assistwit Director/Parks
Assistant Director/Recreation
Captain/Police
Street Superintendent
Serviceoter Superinten~t
Traffic &igineer
\Yater Pre duct ion Superintendent
Water Distribution SuperintenclE-at
~laintenance Superjntendent
~ratioo Superintendent
J\ssi-8tWlt Din:.'Ct.or/Library
Number of ElnployE~s
J.
1
]
]
]
1
l
5
1
1
3
1
1
1
1
1
l
1
1
'lUI'AL: 25