HomeMy WebLinkAboutAdmin Order 21-10-04ADMINISTRATIVE ORDER NO. 21-10-04
of the City Manager
DELEGATING TO THE CITY ATTORNEY THE AUTHORITY TO
GRANT CONFLICT WAIVERS TO CONTRACT ATTORNEYS, WAIVE
ATTORNEY- CLIENT PRIVILEGE, AND APPROVE
CONFIDENTIALITY AGREEMENTS.
The City Manager of the City of Eugene finds that:
A. Under the provisions of Chapter IV, Section 15 of the Eugene Charter of 2002,
the City Manager is designated as the administrative head of the City, and is specifically
authorized to appoint and remove all employees (except as otherwise provided in the Charter),
and to enforce all ordinances of the City.
B. From time to time, contract attorneys performing legal services for lhe City of
Eugene advise the City that their representation of the City and another client creates a conflict
of interest under the Oregon Rules of Professional Conduct. In order for the contract attorney to
represent both parties, the parties must agree to such representation by signing a conflict waiver.
As the administrative head of the City, it has been my responsibility to grant or deny conflict
waivers.
C. In addition, written legal advice from attorneys advising or representing the City
is privileged under state law based on the attorney - client privilege. That privilege may be
waived by the City Manager or the City Council.
D. Finally, confidentiality agreements entered into by the City must be approved by
the City Manager.
E. I find it would be more efficient and in the public interest to delegate my duties
and responsibilities to the City Attorney regarding conflict waivers, waiving attorney- client
privilege, and approval of confidentiality agreements.
NOW, THERFORE,
The City Manager of the City of Eugene Orders and Directs that:
L The above findings are adopted.
2, The City Attorney is authorized to carry out my duties of:
a. Reviewing and making determinations whether to grant conflict waiver
requests that are submitted by contract attorneys;
b. Waiving attorney - client privilege for written legal advice given to the
City; and
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C. Approving confidentiality agreements.
3. The delegation of authority contained in this Order shall be construed to extend to
and include any person(s) "acting in capacity" (AIC) for the City Attorney.
Dated and effective this 6� day of July, 2010.
Jon R. Ruiz
City Manager
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