1977 996 Resolution - Laserfiche WebLink

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INTRODUCED BY: Mr. Grogan RESOLUTIONa 996 A RESOLUTION IN ACCORDANCE WITH ARTICLE III, SECTTON 16, OF THE VILLAGE CHARTER TO EMPLOY SPECIAL LEGAL COUNSEL AIQD PROVIDING COMPENSATION THEREFOR WHEREAS, the Council of Mayfiled Village is desirous of employing special legal counsel to assist it as authorized by Article III, Section 16, of the Charter for the proper discharge of its legislative duties, in order to compel the Mayor by proper legal action to carry out the Mayor's Charter responsibility to appoint a Village Law Director and that the Council may vote to confirm such appointment by a vote of four members in accordance with Article V, Section 4, of the Village Charter, NOW THEREFORE, BE IT RESOLVED by the Council of Mayfield Village, County of Cuyahoga, and State of Ohio: Section 1. That under the authority of Article III, Section 16, of the municipal Charter, the Council hereby employs Attorney Louis H. Orkin, as special legal counsel to the Village Council and finds and determines that it is necessary for the pr•oper discharge of Council's legislative duties to employ such person, who shall serve at the pleasure of Council. That compensation shall be paid for legal services which are special and unique in the amount of $45.00 per hour, but not to exceed $4,000.00?o+ Section 2. That tne Council finds that the failure of the Mayor to appoint a Law Director has deprived the Village Council of its right to confirm such appointment by a vote of four members in accordance with Article V, Section 4, of the Charter. That the Council hereby authorizes and directs Attorney Orkin as its special legal counsel to make formal demand upon the Mayor giving the Mayor not more than five days to comply with Article V, Section 4, of the Charter, and to thereafter, fokthwith,j.afccompli:ance4l-isnnotnmade, file an action in a court of competent jurisdiction to compel the Mayor to appoint a Law Director in accordance with the Charter in order that the Village Council may, by a vote of four of its members, confirm such an appointment should Council be acceptable to the Mayor's appointment. Section 3. That the Council finds and determines by enacting this resolution that Attorney Lawrence Byrnes, now acting as the Law Director of the Village on an interim basis, has a conflict of interest and should not be permitted to file any action on behalf of this ViZlage Council for his own replacement; that Attorney Byrnes could not be expected to and would not, in fact, institute such an action, nor could Attorney Byrnes be expected to institute such an action, and, therefore, act in a manner which could be inconsistent with his present interim appointment as Acting Law Director of the Village.