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Admin Order 21-10-04
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Admin Order 21-10-04
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Last modified
3/23/2012 12:52:47 PM
Creation date
7/13/2010 3:40:05 PM
Metadata
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
7/8/2010
Document_Number
21-10-04
CMO_Effective_Date
7/8/2010
Author
CRO
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ADMINISTRATIVE ORDER NO. 21-10-04 <br />of the City Manager <br />DELEGATING TO THE CITY ATTORNEY THE AUTHORITY TO <br />GRANT CONFLICT WAIVERS TO CONTRACT ATTORNEYS, WAIVE <br />ATTORNEY- CLIENT PRIVILEGE, AND APPROVE <br />CONFIDENTIALITY AGREEMENTS. <br />The City Manager of the City of Eugene finds that: <br />A. Under the provisions of Chapter IV, Section 15 of the Eugene Charter of 2002, <br />the City Manager is designated as the administrative head of the City, and is specifically <br />authorized to appoint and remove all employees (except as otherwise provided in the Charter), <br />and to enforce all ordinances of the City. <br />B. From time to time, contract attorneys performing legal services for lhe City of <br />Eugene advise the City that their representation of the City and another client creates a conflict <br />of interest under the Oregon Rules of Professional Conduct. In order for the contract attorney to <br />represent both parties, the parties must agree to such representation by signing a conflict waiver. <br />As the administrative head of the City, it has been my responsibility to grant or deny conflict <br />waivers. <br />C. In addition, written legal advice from attorneys advising or representing the City <br />is privileged under state law based on the attorney - client privilege. That privilege may be <br />waived by the City Manager or the City Council. <br />D. Finally, confidentiality agreements entered into by the City must be approved by <br />the City Manager. <br />E. I find it would be more efficient and in the public interest to delegate my duties <br />and responsibilities to the City Attorney regarding conflict waivers, waiving attorney- client <br />privilege, and approval of confidentiality agreements. <br />NOW, THERFORE, <br />The City Manager of the City of Eugene Orders and Directs that: <br />L The above findings are adopted. <br />2, The City Attorney is authorized to carry out my duties of: <br />a. Reviewing and making determinations whether to grant conflict waiver <br />requests that are submitted by contract attorneys; <br />b. Waiving attorney - client privilege for written legal advice given to the <br />City; and <br />Administrative Order - Page 1 of 2 <br />
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