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RESOLUTION NO. 2004-33 <br />PAGE TWO <br />(b) For all of the services requested or authorized and not specifically set <br />forth in Subsection (a) hereof, a charge of One Hundred Thirty-Nine and <br />15/ 100 Dollars ($139.15) per hour. <br />(c) Reimbursement of actual out-of-pocket expenses reasonably and <br />necessarily incurred in the conduct of Village business documented in <br />the fashion required by the Internal Revenue Service of the United States <br />of America for tax deductible business expenses. <br />Section 5. The Director of Law shall keep Council fully and completely informed of all <br />developments with regard to municipal litigation and shall not, without obtaining prior consent <br />of the majority of the members of Council, given by Motion during a regular or special <br />meeting, appeal any litigation. No settlement on behalf of Mayfield Village shall be proposed <br />nor consummated without prior consultation with Council in open or executive session as <br />authorized by Ohio Law. <br />Section 6. In cases in which, due to conflict of interest or other specialized <br />circumstances, promptly reported to Council, the employment of another attorney for the <br />Municipality becomes desirable, the Director , of Law may request employment by the <br />Municipality of outside counsel but such employment shall be authorized only by prior <br />approval.of the majority of the members of Council in a regular or special meeting. <br />Section 7. All services of the Director of Law and the terms and conditions of his <br />employrnent not specifically covered by this Resolution shall be subject to review by Council <br />from time-to-time, and the Law Direetor shall be required to approach Council with regard to <br />such circumstances before undertaking any activity not contemplated by this Resolution. <br />Section 8. The Council finds and determines that all formal actions of this Council <br />relating to the adoption of this Resolution have been taken at open meetings of this Council; <br />and that deliberations of this Council and of its committees, resulting in such formal action, <br />took place in meetings open to the public, in compliance with all statutory requirements <br />including the requirements of Section 121.22 of the Ohio Revised Code. <br />Section 9. This Resolution is hereby declared to be an emergency measure immediately <br />necessary for the pr-eservation of the health, safety and welfare of the residents of Mayfield <br />Village, Ohio, for the reason that it provides for the administration of the Law Department, a <br />function mandated by Charter. It shall, therefore, take effect immediately upon the passage by <br />the affirmative vote of not less than five (5) members elected to Council and approval by the <br />Mayor or otherwise at the earliest time allowed by law.