2012 2:00:00 PM

Monday, January 9, 2012 2:00 PM
Sparks Council Chambers, 745 4th Street, Sparks, NV 89431

General Business: 6.12

Title: Possible Motion to Adjourn to a Closed Door Session to receive information from the City Attorney regarding litigation involving a matter in which the Sparks City Council has supervision and control to settle. (NRS 241.015(B)(2))

Petitioner/Presenter: Chet Adams/Chet Adams

Recommendation: I move to adjourn to an attorney client closed door session in order to listen to our attorney’s advice concerning a possible final settlement of a claim against the City.

Financial Impact: An expenditure of $5,001.00 will be necessary if the City Council approves the attorney's fees incurred by Ms. Waldron.

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: Possible final resolution of a claim presented to the City by Ms. Gemma Greene Waldron, Esq. on behalf of her client.

Background: The City received a claim from Ms. Gemma Greene Waldron, Esq. on behalf of her client. The City’s Risk Management Committee evaluated the claim and authorized the City Attorney to negotiate the claim with Ms. Waldron. Pursuant to the negotiations, and upon the recommendation of the City Attorney, the City Manager authorized the settlement of the claim for $24,999 which the City Council has previously authorized the City Manager to offer. Ms. Waldron has incurred an additional five thousand and one dollars ($5,001.00) as attorney’s fees for her efforts in resolving her client’s claim; bringing the total amount of the claim to thirty thousand dollars ($30,000) which is five thousand dollars above the City Manager’s settlement authority. The City Council is being asked to authorize the expenditure of $5,001 to compensate Ms. Waldron for her attorney’s fees.

Analysis: Ms. Gemma Waldron has spent a considerable amount of time and effort preparing for, negotiating and working with her client and the City to bring about a fair and equitable resolution of a matter without costly and time consuming litigation. Ms. Waldron’s charges are customary and appropriate for attorneys in this region and appear reasonable.

Alternatives: The City Council could accept or deny the payment of attorney’s fees based upon information it receives from the City Attorney during the attorney client session.

Recommended Motion: I move to adjourn to an attorney client closed door session in order to listen to our attorney’s advice concerning a possible final settlement of this matter.

Attached Files:

nichols_settlement_agreement.PDF

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