SUBJECT/RECOMMENDATION:
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Approve a legal services agreement with Dayes Law Firm for representation of Langston Woodie, a former city employee represented in his individual capacity, in Logan S. Kinner vs. City of Clearwater, et al. (Case No. 8:26-cv-01080) and authorize the appropriate officials to execute same.
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SUMMARY:
Langston Woodie, a former city employee, is a named defendant in a federal complaint alleging that the Plaintiff’s civil rights were violated. Plaintiff has also filed suit against the City of Clearwater in which our in-house litigation attorney is representing.
The Code of Ordinances requires the City to protect and defend both current and former employees in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of their public employment or duties. Additionally, the Code allows the representation of private counsel when representation by the City Attorney’s Office would be inappropriate or due to a conflict of interest.
To ensure the successful defense of the employee, the City Attorney recommends retaining Dayes Law Firm to represent the employee in this matter. Dayes Law Firm has agreed to undertake this representation pursuant to the attached agreement. The City Council authorizes the Interim City Attorney to approve legal fee invoices in this matter up to the not-to-exceed amount of $75,000.
This procurement is exempt from bidding pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
This agreement will be coded to the City Attorney’s Office cost code 0109600-530100, Professional Services, funded by General Fund revenue. Third quarter budget amendments will include an increase to the City Attorney’s Office operating budget to cover the costs of additional outside counsel necessary for operations in this fiscal year.