Williams Barrett & Wilkowski/DOL/Legal ServicesWILLIAMS BARRETT & WILKOWSKI
L L P
Jon E. Williams `
William W. Barrett §
John P. Witkowski
J. Lee Robbins,
Of Counsel
Certified Elder Law Attorney
§ Also Admitted in Florida and Ohio
Douglas C. Haney, Esq.
City Attorney
City of Carmel
One Civic Square -Third Floor
Carmel, IN 46032
ATTORNEYS AT LAW
600 NORTH EMERSON AVENUE
P.O. BOX 405
GREENWOOD, INDIANA 46142
Telephone 317.888.1 121
Facsimile 317.887.4069
www.wbwlawyers.com
January 29, 2015
Via electronic mail to:dhaneJ(a,Cnr,nel.in.,gov and First Class US Mail
RE: ENGAGEMENT AND FEE AGREEMENT
Carmel Police Merit Board— Officer Crystal (Hughes) Jones
Dear Mr. Haney:
John M. White
Stephen K. Watson
Daniel J. Paul"
Daniel J. Layden
Courtney Williams Krudy 11
Bridget M. McDaniel
Michelle L. Findley
" Reei :tore.' Family Mrdiaox
11 Also Admitted in Florida
This correspondence will acknowledge the terms of our engagement by the City of
Carmel, Indiana by and through its Board of Public Works and Safety, (the "City ") to serve as
counsel for the Carmel Police Merit Board (the "Board ") in the pending disciplinary proceedings
against Officer Crystal (Hughes) Jones.
Our firm customarily enters into a written agreement on employments of this nature to
minimize possible misunderstandings concerning our representation and billing arrangements.
Therefore, this letter will confirm our representation and billing arrangements. On behalf of the
City of Carmel, Indiana, (the "City ") the Office of City Attorney has agreed to engage William
W. Barrett of WILLIAMS BARRETT & WILKOWSKI, LLP (the "Firm ") to represent the
Board in the above stated matter.
Pursuant to this engagement, the City, through the Office of City Attorney, has agreed to
pay for the Firm's services on behalf of the Board commencing with work performed on
December 23, 2014, and thereafter. Given this payment arrangement and the unique nature of
these proceedings, i.e., the Board is an agency of the City separate and apart from both the
Carmel Police Department and from the Office of City Attorney, and the Board will conduct
hearings in which the Chief of Police of the Carmel Police Department is represented by the
Office of City Attorney, I note that our engagement is governed by, and the Firm will follow,
Indiana Rule of Professional Conduct 1.8(f), which provides:
January 29, 2015
Page No. 2
A lawyer shall not accept compensation for representing a client from one outer than the
client unless:
(1) the client gives informed consent;
(2) there is no interference with the lawyers independence of professional judgment
or with the client- lawyer relationship; and
(3) information relating to representation of a client is protected as required by Rule
1.6.
The general outline of the scope of our representation will be as follows, though this is an
illustrative list rather than an exhaustive one:
1. Advice to the Board related to I.C. 36 -8 -3.5 proceedings;
2. Correspondence and communication with the Board, with the Office of the City
Attorney, with the Carmel Police Department, and with the Respondent Officer or her
counsel regarding the notice of hearing, scheduling, hearing conduct and procedures,
post - hearing procedures, and related matters;
3. Preparation of notices, reports, agendas, and related materials;
4. Attendance at, and participation in, the disciplinary hearings against the Respondent
Officer, including but not limited to the hearing for the presentation of evidence, any
executive session under I,C. § 5- 14- 1.5 -6.1, and the hearing for the Board's vote and
announcement of decision;
5. Review of any party's Proposed Findings of Fact and Conclusions of Law and
preparation of draft Board Findings of Fact and Conclusions of Law;
6. Defense of any action for review under I.C. § 36- 8- 3.5 -18
As for our billing arrangements, bills for our legal services are generally based upon
the number of hours spent by our attorneys (and, where appropriate, by non- lawyer assistants)
in accordance with certain hourly rates set by the firm which are in effect at the time the services
are performed. Our time is recorded in tenths of an hour with the minimum billing increment
being one tenth (1/10) of an hour. The present hourly rates for our attorneys vary from $195.00
per hour for staff attorneys to $270.00 per hour for me and the other partners of the Finn.
My hourly rate is 8270.00. I may supervise non - lawyer assistants, whose rates are
lower, to keep the City's costs down if cost effective to do so. We will make every effort to be
as efficient as possible with our time to minimize your expenses and costs, but can quote you no
fixed fee for representation. In short, our fee will be directly related to the amount of time
we spend on behalf of the Board, including, but not limited to, telephone conferences,
review and response to substantive a -mails and voice mails, personal conferences,
conferences between attorneys or paralegals about the matter, document preparation,
travel, if necessary, and court appearances.
Commencing with an invoice submitted herewith, we will bill the Office of City Attorney
monthly for fees and out -of- pocket costs and expenses (such as long distance telephone charges,
travel, messenger services and photocopying). Bills are due upon receipt of invoice. In the event
bills are not paid within 30 days, interest will accrue on the balance at the rate of one percent
(1 %) per month during the term of the delinquency. This is an annual percentage rate of twelve
percent (12 %). In the event the file is ever turned over for collection, the City agrees to pay for
all attorneys' fees and costs related thereto. I.n addition, the Office of City Attorney expressly
January 29, 2015
Page No. 3
agrees that this letter agreement and our engagement hereunder will be exclusively governed by
and construed in accordance with the internal laws of the State of Indiana.
Documents or items we receive in our representation will be maintained for five (5) years
after the termination of representation or conclusion of the matter, whichever occurs first. If the
Board should desire a copy of the file, or any part of it, after the conclusion of this matter, it will
be the Board's responsibility to make a specific written request for those documents within that
five (5) year period. If no such request is made, the file may be destroyed after five (5) years in
accordance with firm policy. If the Board consents in writing to providing a copy of the file to
the Office of the City Attorney, we will provide the Office of the City Attorney a copy pursuant
to this paragraph.
This fee agreement contains the entire understanding between us. No other statement or
promise made on or before the signing of this Agreement is enforceable for any reason. This
Agreement may be modified by subsequent agreement of the parties only by an instrument in
writing signed by both of them or an oral agreement to the extent that the parties carry it out.
This agreement may be terminated by the Office of City Attorney at any time, with no
liability for fees and costs beyond those assessed for time and work completed through our
receipt of the notice of termination, and no responsibility on the Firm other than return of your
records. It may be similarly terminated by the Firm subject to applicable Rules of Court and
Rules of Professional Conduct.
We would ask that you sign and date a copy of this letter on behalf of the Office of City
Attorney and return it to us.
All of us at WILLIAMS BARRETT & WILKOWSKI, LLP appreciate your confidence
in us and the opportunity to work with you. Please call if you have any questions.
Sincerely,
WILLIA LS_B,ARRETT & WILKOWSKI, LLP
William W. Barrett
WWB /ank (Enclosure)
PC: Amanda Bennett abenneiKi ca, rrrel. in. gov
The fee arrangement described above is approved by the Carmel City Attorney on this
ja day of J'-•-`^' , 2015.
Douglas C. Haney, Esq.
City Attorney, Carmel, Indiana
January 29, 2015
Page No. 4
Approved and Adopted this
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day of
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CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
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Date:
rainard, Presiding Officer
Mary A
Date:
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Lori S. Wats
Date:
ember