RESOLUTION NO. R98-1298
A resolution authorizing the employment of special counsel to advise, and if litigation is filed, represent the Metropolitan Government in a matter concerning the provision of benefits by Blue Cross/Blue Shield of Tennessee--Chattanooga and/or Green Spring Health Services, Inc.
WHEREAS, questions and concerns have been raised by the Metropolitan Employee Benefit Board and by Metropolitan Government employees about the provision of benefits by the Metropolitan Government contractor for administration of the self-insured medical insurance plan, Blue Cross/Blue Shield of TennesseeChattanooga, and/or its subcontractor, Green Spring Health Services, Inc., and,
WHEREAS, the employees raising questions or concerns include employees of the Metropolitan Department of Law who, therefore, are witnesses with regard to the issues being raised; and,
WHEREAS, Disciplinary Rules 5-101 and 5-102 of the Code of Professional Responsibility adopted by Rule 8 of the Tennessee Rules of the Supreme Court prohibit attorneys from advising or representing a party with regard to contemplated or pending litigation in which they or a lawyer in their firm ought to be called as a witness; and,
WHEREAS, the Metropolitan Government and its Metropolitan Employee Benefit Board are thus without counsel in connection with the questions and concerns about the provision of benefits by Blue Cross/Blue Shield of Tennessee--Chattanooga and/or Green Spring Health Services, Inc., and,
WHEREAS, Section 8.607 of the Metropolitan Charter provides for the employment of special counsel when the interest of the Metropolitan Government requires it:
BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1: The Metropolitan County Mayor is authorized to employ the firm of Waller, Lansden, Dortch & Davis as special counsel with regard to the provision of benefits by Blue Cross/Blue Shield of TennesseeChattanooga, and/or Green Spring Health Services, Inc., to advise the Metropolitan Government and its Metropolitan Employee Benefit Board, and, if a lawsuit should be filed by the Metropolitan Government or if the Metropolitan Government is sued, represent the Metropolitan Government and any of its public officials or employees who request the firm to do so provided that neither those public officials nor the Metropolitan Government have differing interests.
SECTION 2: Special counsel shall periodically submit a statement to the Director of Law for services rendered to The Metropolitan Government of Nashville and Davidson County, its officers and employees. Special counsel shall be paid such compensation as the Mayor, the Director of Finance and the Director of Law shall determine to be reasonable compensation for services rendered.
SECTION 3: This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored By: Eileen Beehan & Charles Fentress
|Referred to:||Budget & Finance Committee|
|Introduced:||October 6, 1998|
|Adopted:||October 6, 1998|
|Approved:||October 8, 1998|