Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: To authorize employees of the City of Newark to confer openly, upon instruction from Corporation Counsel, with members of the Joint Defense Agreement
Additional Information:
Matter of Willie Parker vs. City of Newark
Invitation: Corporation Counsel
body
WHEREAS, Plaintiff, Willie Parker, filed a Verified Complaint in federal District Court for the District of New Jersey, captioned Willie Parker v. City of Newark, et al., Docket No. 17-4615 ("the Parker matter"), asserting allegations against the City of Newark and various current and former employees of the City of Newark; and
WHEREAS, all Defendants in the Parker matter are past or current employees of the City of Newark; and
WHEREAS, Counsel for the Defendants in the Parker matter have entered into a Joint Defense Agreement; and
WHEREAS, the City of Newark and all other Defendants recognize the strategic necessity of sharing information fully amongst all defendants; and
WHEREAS, the Corporation Counsel having conferred with members of the City's control group (a term defined under New Jersey Rule of Professional Conduct 1.13) and having been advised to share all relevant information amongst and between the defendants in the Parker matter, including information normally protected by Rule of Professional Conduct 1.6; and
WHEREAS, it is acknowledged that ordinarily the decision to enter into a Joint Defense Agreement and to exchange protected information with co-defendants lies within the province of the Mayor as exercised through the Corporation Counsel; and
WHEREAS, it is further recognized that special circumstances warrant conferring with the Municipal Council in the aforementioned matter.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council joins with the Mayor in dir...
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