CITY of RAPID CITY Agenda Item Summary
Meeting Date: 1/13/16		Commission, Board or Committee: N/A
Staff Contact: Joel Landeen, City Attorney		PW Committee or L&F Committee: Legal & Finance
Petitioner: N/A		City Council 1st Reading: N/A
Location: N/A		City Council 2nd Reading: N/A
Agenda Title:
Request for the City Council to partially waive the attorney client privilege with John Nooney regarding his conversations with Alderman Jerry Wright regarding former Alderman Ron Sasso in conjunction with Mr. Nooney’s representation of the City in the lawsuit involving Lazy P6 and Orvil Davis.
Summary:
On  January 4th, the City Council retained Mark Pecora to investigate an alleged violation of the City’s Code of Conduct for Elected Officials. Mr. Pecora has requested an interview with John Nooney about his conversation with Jerry Wright regarding Ron Sasso’s termination. This is the conversation referenced in Mr. Nooney’s update to the insurer regarding his representation of the City in the lawsuit filed by Orvil Davis and Lazy P6. Mr. Nooney has expressed concern that his conversation with Alderman Wright is protected by the attorney client privilege. Mr. Nooney would like to make certain he is not committing an ethical violation by discussing the conversation in question with Mr. Pecora. In order to ensure his compliance with the rules of professional conduct, Mr. Nooney has requested that the Council waive the attorney client privilege for the conversation he had with Jerry Wright regarding Ron Sasso’s termination from Black Hills Works prior to being interviewed by Mr. Pecora. This waiver of the City’s privilege is limited to the conversations between Jerry Wright and John Nooney regarding Ron Sasso’s termination from Black Hills Works and does not extend to other people or other subjects covered by the attorney client privilege on this case or other cases in which John Nooney has represented the City, its employees, or elected officials.
Funding Source & Fiscal Impact (if applicable):
N/A
Recommendation:
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Options:
You may approve or deny the request. If you deny the request, the investigator the City retained to conduct the investigation into the Code of Conduct complaint will not be able to speak directly with John Nooney regarding his conversation with Jerry Wright regarding Ron Sasso and his termination.
Attachments & Links:
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