HomeMy WebLinkAboutResolution 2006-115 authorizing the execution of attorney conflict of interest waivers
MARANA RESOLUTION NO. 2006-115
RELATING TO ADMINISTRATION; AUTHORIZING THE TOWN ATTORNEY IN
CONSULTATION WITH THE TOWN MANAGER TO EXECUTE ATTORNEY CONFLICT-
OF-INTEREST WAIVERS IN CERTAIN CIRCUMSTANCES.
WHEREAS, the Town of Marana utilizes the services of outside legal counsel for various
legal services; and
WHEREAS, law firms hired by the Town sometimes seek conflict-of-interest waivers so
that they may appear before the Town and represent other clients before and against the Town on
matters unrelated to their representation of the Town; and
WHEREAS, the Town finds that the desire to be able to hire the best law firms to
represent the Town outweighs the need to disqualify a law firm with a technical conflict as long
as the dual representation does not adversely affect the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Attorney, in consultation with the Town Manager, is hereby
authorized to execute attorney conflict-of-interest waivers on behalf of the Town when both of
the following circumstances apply:
a. The law firm seeking the waiver represents the Town on a matter unrelated in subject
area and in fact from the matter for which the waiver is sought; and
b. The lead attorney representing the Town is not directly involved in the matter for
which the conflict-of-interest waiver is sought.
SECTION 2. In all instances other than those set forth in Section 1, requests for attorney
conflict-of-interest waivers shall be transmitted to all Council Members with an explanation of
the nature of the proposed representation and with notice that each individual Councilmember
may request that the conflict waiver request be placed on the next available Council agenda. If
after ten days no Council Member has placed the waiver request on a Council meeting agenda,
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the Town Attorney, in his or her best judgment and in consultation with the Town Manager, may
execute the conflict waiver request.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1st day of August, 2006.
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Mayor Ed onea
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