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Interview of City Attorney Candidates

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Interview of City Attorney Candidates Regular Council AGENDA ITEM REPORT To: City Council Subject: Interview of City Attorney candidates. Meeting: Regular Council Special Meeting - 03 Sep 2020 Department: Council Staff Contact: Emily Gordon, Assistant to City Council BACKGROUND INFORMATION: Interview #1 - George Brookover Interview #2 - Clark Hill Interview #3 - Foster Swift Interview #4 - Rosati, Schultz, Joppich, Amtsbuechler ATTACHMENTS: George Brookover City of East Lansing RFP 8.20.20 Clark Hill Foster Swift Rosati, Schultz, Joppich, Amtsbuechler GEORGE BROOKOVER, P.C. 1005 ABBOT ROA_D, EAST LANSING, MI48823 PHONE: (s77) 336-4300 FAX: (512) 336-4398 GEORGE M. BROOKOYER NATHAN P. BOERMA August 20,2020 Mr. George S. Lahanas City Manager City of East Lansing 410 Abbot Rd. East Lansing, Michig an 48823 HAND DELIVERED PERSONAL AND CONFIDENTIAL Dear Mr. Lahanas: Enclosed fol your attention and handling please find the following: 1. An original and six copies of this law firn's Response to the City's IuIy 24,2020 Request for Proposal for City Attorney Services; 2. An original and six copies of a certified Resolution of George Brookover, p.C. authorizing the submission (Exhibit l); 3. An original and six copies of a proposed contract for legal selices (Exhibit 2); 4. An original and six copies of the fully executed "Proposal and Award,, document from page 3 of the RFP (Exhibit 3); 5' Seven copies of the certification by the State of Michigan of the Articles of Incorporation of George Brookover, P.C, dated October I l, 1991 (Exhibit 4); and 6. One digital copy of the above-referenced documents on a USB drive. Should you have any questions please let me know. Thank you for the opportunity to respond to this RFP. Very truly yours, , Brookover GMB/mab Enclosures Page 2 of 208 GEORGE BROOKOVER, P.C. 1005 aBBOT ROAD, EAST LANSING, MI 48823 PHONE: (517) 336-4300 F,{X: (517) 336-4398 GEORGE M. BROOKOVER NATHAN P. BOERMA August 20,2020 Mr. George S. Lahanas City Manager City of East Lansing 410 Abbot Rd. CONFIDENTIAL East Lansing, Michigan 48823 HAND.DELIVERED Dear Mr. Lahanas: The purpose of this corespondence is to respond to the City's Request for Proposal for City Attorney Services dated July 24,2020. The law firm of George Brookover, P.C. is currently a two person general practice law firm located in East Lansing, Michigan. The fìrm's overall specialty is general litigation. In the event the firm is awarded your contlact, the frrm will add three members in order to completely serve the needs of the City. So constituted, the members of the firm will have broad experience in specific legal areas consistent with the needs of the City. If awarded the contract, Mr. Brookover will serve as the appointed City Attorney pursuant to the relevant provisions of the City Charter. Should this law firm be chosen to provide legal services to you, we make you the following six promises : 1. We promise to strive to conserye the financial resources of the people of the City of East Lansing. This means that we feel it is our continuing duty to the City to advise you as to how to save money on contractual matters, legal expenses, the expected costs of your possible decisions, and litigation outcomes wherever possible. 2. We promise to be responsive. This means that a member of the firm will retum all phone calls and email inquiries during business hours within two hours of receipt. The law firm is equipped with more than adequate space to serve the City's needs including conference rooms, law library, computerized legal research, the necessary technology to conduct virtual meetings and court appearances, and convenient parking. 3. We promise to only represent the City of East Lansing and no other party in matters involving the City. We will not represent individuals who are employed and/or affiliated Page 3 of 208 with the City on personal legal issues except as explicitly authorized by the City. ln this fashion, we will strive to avoid even the appearance of any implopriety. 4. Within thirty da¡,s of receipt of all City files from your prior law hrm, we promise to perform a complete inventory of all existing cases, potential areas of concern, and insurance policies in order to advise you as to the current status of all legal matters. 5. We promise to advise you when we should not represent you. We believe that we are uniquely situated to provide the widest range of legal experlise to you at the fairest cost. Howevet, because we have signifrcant general litigation experience, we also realize that there may be times when some other attorney may be the best representative for you, When that is the case, we will tell you. After a review of your most recent City Attorney Services contract, we propose to provide legal services to you for a reduced annual total retainer fee of $516,000.00. The retainer would be paid in twelve instalhnents of $43,000.00 beginning on October 5,2020. This retainer fee would include all firm expenses other than any costs arising out of the transition from your prior law firm, any litigation related expenses incurred for City work (such as transcripts, witness fees, etc.), and any extraordinary expenses arising out of our work on your behalf. All suc¡ expenses would be billed to you on an itemized monthly basis per file. You will not be billed for routine miscellaneous expenses such as mileage, postage. non-litigation copying charges, legal periodicals, and long distance telephone charges. I. Members of the Firm Providing Sen'ices to You George NI. Brookover was bom and raised in East Lansing. His father was a professor at Michigan State University and also served on the East Lansing City Council and as Mayor of East Lansing. He is rnarried with two adult children and culrently resides in East Lansing. Mr. Brookover graduated in 1972 from Cornell University with a degree in Industrial and Labor Relations. He graduated from the University of Michigan Law School in 1975, after which he spent the hrst sixteen years of his legal career at the Lansing law f,rrm of Foster, Swift, Collins & Smith, P.C. During his time at that firm he became a shareholder and chairperson of the litigation deparlment, as well as continuing a practice in general litigation and employment relations. While at Foster, Swift, Collins & Smith, P.C. Mr. Brookover handled numerous insurance defense claims on behalf of various municipal entities throughout the State, as well as the defense of misdemeanor criminal matters. Mr. Brookover formed his own firm in East Lansing in 1991. He has continued to specialize in general litigation, ernployment, criminal misdemeanor defense, and govemmental law. Among other things, he was retained by the Lansing City Council in 1992 to investigate the pension "buy-out", has been General Counsel to the Greater Lansing Convention and Visitors Bureau since 2005, was General Counsel to the Ingham County Road Commission from 2007 to 2012 (when the Road Commission was disbanded by the County), has represented the 54-B District Court, City of East Lansing, 30th Circuit Court, Lansing Community College, and Page 4 of 208 Sparrow Health System on employlnent, risk management, and governmental issues and has successfully represented numerous individuals with regard to Freedom of Infonnation Act and Open Meetings Act issues before the circuit courls and the Michigan Coufl of Appeals. During the course of his career Mr. Blookover has also been involved in contract drafting, interpretation, and negotiation as well as maintaining a continuing practice representing private parties in municipal planning and zoning issues. Mr. Brookover has practiced election law before the Michigan Couft of Appeals, the Michigan Supreme Coufi, the United States Federal District Courl, and the Michigan State Board of Canrrassers. Mr. Brookover has also practiced annexation and detachment lau,in the Ingham County Circuit courts. Mr. Brookover was admitted to the Michigan Bar on October 20, 1975 (P25391). He is admitted to practice before all state and federal courts and administrative agencies including the United States Supreme Courl. For years he has served as a mediator in hrgham County on the Tofi, Commercial and Employment panels, as well as acting as a mediator in Eaton County. Mr. Brookorrer has served as a board member in numelous communify, otganizations. Of specihc interest is that he served one term on the East Lansing Housing and Community Development Commission, two terms as a member of the East Lansing Planning Commission, inclr-rding one yeal as chairperson. and two terms on the East Lansing School Board, inclucling three years as board presiclent. Nathan P. Boerma has been employed as an associate attorney at George Brookover, P.C. for over tu¡o years. During that tirne period he has represented clients in a variety of legal matters including, but not limited to, misdemeanor criminal defense. employment, landlord-tenant law, East Lansing and Lansing city ordinances, zoning, marihuana lar,v, Michigan FOIA, Title iX federal and state due process claims, and personal injury. Mr, Boetma graduated fi'om Michigan State University with a degree in Political Science rrVestem in 2008 and from the Michigan University Thomas M. Cooley Law School in 2017. He lesides in Lansing with his wife, who is a teacher in the Holt Public Schools, and their young son. Should the City contract for our services, Mr. Boerma will join Mr. Brookover and Ms. Masih (see below) in the prosecution of all District Courl claims brought on behalf of the City. Mr. Boerma was admitted to the Michigan Bar on May 14, 2018 (P82434). He is admitted to the Easteu District and Western District Federal Courts of Michigan, William R.
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