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Council authorizes conflict waiver so city attorney may negotiate franchise with Capital Electric
Summary
Council authorized the city to sign a consent-and-waiver form allowing the city attorney's firm to represent the city in franchise negotiations with Capital Electric, after disclosing the firm had provided unrelated legal work for the cooperative; a Capital Electric manager will brief the council Dec. 19.
Lincoln City Council voted Dec. 5 to authorize a conflict-waiver so the city attorney's firm can represent the city in negotiations over a franchise agreement with Capital Electric.
Council packet materials and the city attorney explained that Bogle/Vogtle (the attorney's firm) has provided legal services to Capital Electric on matters unrelated to the city, creating a potential conflict of interest for the franchise negotiations. The firm provided a draft "consent to representation and waiver of potential conflict" for the council's consideration. The document states both the city and Capital Electric have been advised of the potential conflict and may obtain independent counsel before consenting.
Council discussed the waiver and then adopted a motion authorizing the city to sign the document and proceed with franchise agreement discussions. Councilmembers asked that the arrangement and any related materials be available when Capital Electric's general manager, Paul Fitterer, presents draft maintenance and franchise language to the council at the Dec. 19 meeting.
No franchise agreement was approved on Dec. 5; the vote authorized counsel to continue negotiations under the waiver of potential conflict and set the stage for further public discussion at the next meeting.
