RI GINATOR:

SPONSOR:

Council Presidcnl David Engle

CITY OF MACEDONIA, OHIO
RESOLUTION NO. 121 -20 14
(As amended, 12-l l-14)

A RESOLUTION CLARIFYI NG THE RETAINER AND HOURLY SERVICES

PROVlDED BY THE DIRECTOR OF LAW AND THE LAW DEPARTMENT.
WHEREAS. Sec1ion 9.02 of I.he Charter of the City of Macedonia sels forth the duties
and responsibili1ies of lhe Direclor of Law; and
WHEREAS, lhc payroll ordinance has established the compensation for the Departmenl
of Law. but further clarification as lo retainer and hourly services is desired by some membcrs of
Council: and
WHEREAS. such detailed clarification of those responsibilities was set forth in
ordinance 29-1999, adopted on March 25, 1999, Exhibit A of which outlines in de1ail the
respec1ive duties: and
WHEREAS. some modilication for lhe services has been resolved between lhc Council
and law department as hereinafter set forth effective January l, 2015.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Macedonia. County of Summit and State of Ohio:
Section l. "Retainer" and services ofa "general" nature, to be performed by lhe lawdireclor and/or his designated assis1ants within his !inn, shall be as follows: day today advice.
direclion and consuhation lo lhe mayor, all department heads, chiefs, council. as well as all
administrative boards and commissions; attendance at all regular and special meetings of
Council; research and preparation of all legislation; review and approve all municipal contracts.
leases, easements. and obligations of any department or inslrumentality of the city; handling of
all grievances and discipline matters with all Ci ly employees; updating all departmems,
administrators, boards and commissions, as well as City Council, on all federal. slate and local
legisla1ive cnac1mcn1s which require compliance by the municipality, inc luding but nol limited lo
the Family Medical Leave Act, Americans with Disabilities act, EEOC, civil righ\s, r-air Labor
Standards Act, collective-bargaining legislation, and all similar type legal restrictions and
obliga1ions placed upon a municipality by reason of courl decisions or administrative acts;
supervisi ng and advising on a ll purchases, bidding and assessment projects for equi pmelll or
improvemems lo publ~c property; supervision and direc1ion of special counsel (i.e. 'bond
counsel'), and any and all other duties as may be assigned by the Mayor. Such services shall alsii
include lhe law departmenl providing its own ollicc space, secretarial service, libraries.
telephones, computers, pos1age. facsimiles, so ftware, hardware, and all olher expenses necessary
for the day-to-day operations of an office. As and for such services, the law department shall bt.J.,
paid lhrough monthly invoicing from "Diemert and Associates Co. LPA'' the sum of~ per 'ftf)I .5"o
hour, not to exceed $8000 per month. The law department will also be reimbursed for filing fees.:5f!.t;:rr1u./ 2..
parking. registralion costs, recording fees, Wcstlaw computer research charges, and any other
miscellaneous out-of-pocket expenses. Such services will not be subject to public employee
contributions. federal or state withholding or any other contributory requircmenls related to
payroll.

Section 2. "Hourly" services, at $+40 $ 128.50 per hour, shall be paid to the Law
Director for the services of himself and/or his assistants, through monthly invoices from
"Diemert and Associates Co. LPA" for lhc following: all litigation and court matters. hearings or
appearances before state tribunals or agencies (it being understood that in the event or o uts ide
legal counsel being engaged as a result of insurance coverage, or for other specialized work such
as bond counsel or labor counsel. the Law Dircc1or will be co-counsel. and if the outside counsel
will be charging legal fees lo lhe Ci1y, same will be approved in advance by the Mayor and
Council); arbitrations, mediations, prosecution matters when the Prosecutor is confliclcd or
unavailable; major construction or development matters involving eminent domain,
appropriations. condemnation. or other such projects; non-routine or major research projects
rcques1ed by the Mayor or Council, where treatment as an hourly project would be agreed upon
between the Mayor, Council and the Law Director in advance. Upon request. the Law Director or
either of his desig nated assistants will provide updates and analysis to the Mayor or Council as a
\\hole. pro' iding that no contidentlal.ity necessar) lbr the protecti~n o(tl;c health. satht) and ~

Jrdinance No. 12 1-2014

Page 2 of2

health, safety and welfare of the residents and taxpayers in the city of Macedonia will be put in
j eopardy or compromised in any manner whatsoever.

Section 3. It is found and determined that all formal. actions of this Council concerning
and relating to the adoption of this Resolution were adopted in an open meeting of this Council,
and that all deliberations of Council and of any of its committees that resulted in such formal
action were in meetings open to the public in compliance with all legal requirements.
Section 4. This R esolution shall take effect upon adoption by council and signature of
the Mayor or after the earliest period allowed by Jaw.

MAYOR:

ATTEST: