Item Description:
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Agmt PR00008225 with Ballard Spahr, LLP Attorneys at Law for legal services with a NTE of $250,000
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Resolution:
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BE IT RESOLVED, that the County Administrator be authorized to negotiate an Agreement with Ballard Spahr, LLP with a not to exceed of $250,000; that upon review and approval by the County Attorney's Office, the Chair of the Board be authorized to sign the Agreement on behalf of the county; and
BE IT FURTHER RESOLVED, that the County Board authorizes payments for legal services under this agreement pursuant to Minn. Stat. § 465.76, subd. 1; and that the County Administrator and County Attorney’s Office be authorized to seek required judicial approvals.
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Background:
On January 20, a “Subpoena to Testify Before a Grand Jury” addressed to the “Custodian of Records for the Hennepin County Board of Commissioners” was delivered to the County’s Chief Compliance Officer. The subpoena was issued by the federal court, at the request of the United States Attorney for the District of Minnesota, as part of a federal grand jury criminal investigation.
This subpoena contains eight separate requests, all of which relate to federal immigration enforcement and the County Board’s directions and communications associated with or responding to that enforcement. State and other local government offices and elected officials have received similar subpoenas, including the Governor’s office, the Attorney General’s office, the Ramsey County Board of Commissioners, and the Minneapolis and St. Paul mayoral offices. The grand jury subpoena does not indicate whether Commissioners are witnesses, targets, or subjects in the criminal investigation.
Minnesota law permits county boards to reimburse a county officer or employee for legal costs incurred “to defend charges of a criminal nature brought against the person that arose out of the reasonable and lawful performance of [their] duties for the . . . county.” Minn. Stat. § 465.76, subd. 1. Because the U.S. Department of Justice has opened a criminal investigation that appears to be brought against county officials arising out of the performance of their duties for the county, Minn. Stat. § 465.76, subd. 1 authorizes the county to pay outside counsel to represent these officials. Such payments require judicial approval under Minn. Stat. § 465.76, subd. 2.
This resolution seeks authority to negotiate and enter into a contract with Ballard Spahr, LLP Attorneys at Law to represent county employees related to this criminal investigation.
recommendation
Recommendation from County Administrator: Recommend Approval