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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 93-67 <br />BY: MAypg Ep wYLE <br />AN ORDINANCE AUTHORIZING THE DIRECTOR OF LAW <br />TO RETAIN THE SERVICES OF THE LAW FIRM OF <br />GALLAGHER, SHARP, FULTON & NORMAN TO <br />REPRESENT THE CITYIN THE CASE OFBOEHMER V. J.P. <br />FARLEY CORP., ET AL., AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, the City of North Olmsted, along with other parties, was sued regarding <br />medical caze coverage under the self-insured medical care coverage administered by J.P. Farley <br />Corp. by James D. Boehmer as a result of denial of coverage for Ruth Boehmer now deceased; <br />and <br />WHEREAS, after having been advised by Director of Law, Michael R. Gareau, that his <br />defense of said litigation has ethical implications in that it could give the appearance of <br />impropriety or may be construed as a conflict of interest, this council believes that it is only <br />appropriate that outside legal counsel be retained; and <br />WHEREAS, the law firm of Gallagher, Sharp, Fulton & Norman is primarily a defense <br />law firm and is competent to handle said litigation and is recommended by the Director of Law. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That pursuant to Article V, Section 2 of the Charter, the Director of Law <br />is hereby given authority to retain the services of Gallagher, Sharp, Fulton & Norman to <br />represent the City in the case of Boehmer v. J.P. Farley Corp., et al., Cuyahoga County Court <br />of Common Pleas Case No. 2375761, at an hourly rate for attorney time not to exceed <br />$110.00/per hour and an hourly rate for para legal time not to exceed $55. /per hour. <br />SECTION 2. That the cost of defense shall be paid either out of the Casualty Loss Fund <br />or the 820 Hospitalization account for which funds have been appropriated.