FY2008-34 Payment of Legal Fees Stephens v. KIB FAILEDKODIAK ISLAND BOROUGH
RESOLUTION NO. FY2008 -34
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
PAYING THE LEGAL FEES INCURRED BY DEFENDANTS KODIAK ISLAND BOROUGH,
KODIAK ISLAND BOROUGH ASSEMBLY, ASSEMBLY
BRANSON, JERROL FRIEND, SUE JEFFREY, CHR
LOUISE STUTES, AND MAYOR JEROME SELBY
CAPACITY, IN THE LAWSUIT STEPHENS VS. K
ALASKA SUPERIOR COURT ° E
WHEREAS, a lawsuit was filed in Stephen
Court Case No. 3K0 -07 -266 CI, that challen
the language found in Kodiak Borough Ordinan
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
Vetoed:
t issue
injuncr
eat, an
cated;
odiak Islan
Sue Jeffre 's rete
16.0.,4; and
WHEREAS, Plaintiff Melvin Step- s' injunction tasted that the co
Assembly to vacate Sue Jeffrey's sea -nd
WHEREAS, the court issu on Novembe
immediately vacate her assem : •rohibited Ms
assembly member until her seat w
WHEREAS, the A
meeting on Decembe
WHER the co l
Assembly Member Abell
Assembly Member Abell
Assembly Member Abell
05/01/2008
05/01/2008
05/15/2008
S TOM ABELL, PAT
OSWALT, AND
ER OFFICIAL
GH, ET AL,
aska Superior
at based upon
order the Borough
7, requiring Ms. Jeffrey to
rey from participating as an
cted on t :, •urt or•' -` ; : vacated Ms. Jeffrey's seat at its next
WHERE Sue Jeffr was ± as `dpi Assembly Member to the vacant seat on
Dece 7, 2007; and
order for final judgment in the case on April 4, 2008; and
WHEREAS, • ° ` use of a diffellce in opinion of the appropriate response to the Plaintiffs
allegations, Ko' = p Island Borough Assembly Members hired two separate attorneys to
represent their int' - in defense of the case Stephens Vs. Kodiak Island Borough, et al,
Alaska Superior Cou e No 3K0 -07 -266 CI; and
WHEREAS, Kodiak Island Borough Resolution 1997 -42 provides that "the assembly shall
seek alternative counsel to represent the Borough when conflicts of interest arise," and
WHEREAS, Pat Branson, Jerrol Friend, Chris Lynch, Sue Jeffrey, and Kodiak Borough Mayor
Jerome Selby, in their official capacity, hired the law firm of Jamin, Schmitt & St. John to
represent their interests and oppose the Plaintiffs complaint; and
WHEREAS, Tom Abell, Reed Oswalt, and Louise Stutes, in their official capacity, hired the
law firm of Clapp, Peterson, Van Flein, Tiemessen & Thorsness to represent their interests
because they did not agree with the approach to the lawsuit taken by Jamin, Schmitt & St. John
and therefore a conflict of interest existed; and
Kodiak Island Borough Resolution No. FY2008 -34
Page 1 of 2
WHEREAS, the approach to the Plaintiffs claims as advocated by Tom Abell, Reed Oswalt,
and Louise Stutes, in their official capacity, was adopted by the court;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT the legal fees of the law firm of Jamin, Schmitt & St John shall be paid in full
at the rate of $150 per hour for representation, in accordance with the contract they have signed
with the Kodiak Borough Assembly; and
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK
ISLAND BOROUGH THAT the legal fees of the law firm of Clapp, Peterson, Van Flein
Tiemessen & Thorsness shall be paid in full at the rate of $20Q.. -r hour for representation, as
specified at the outset of the litigation.
ATTEST: Mayor
Nova M. Javier, CMC, Boroug
Kodiak Island Borough
ADOPTED BY THE ASSEMBLY OF THE :�:� K ISLAND ` = OUGH
THIS FIRST DAY O. MA
Resolution No. FY2008 -34
Page2of2