Title
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A Resolution Approving the Engagement of an Additional Law Firm for Legal Services to be Performed on Behalf of the Village of Oak Park
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Introduction
overview
Since 2012, it has been standard protocol for the Village Manager to bring engagements for contractual legal services to the Village Board for authorization from time to time.
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Recommended Action
Adopt the Resolution.
Prior Board Action
The Board has previously approved similar items in the past, including:
• At the December 6, 2025 Village Board Meeting, the Board approved RES 25-386 (A Resolution Approving the Engagement of Attorneys/Law Firms for Legal Services to be Performed on Behalf of the Village of Oak Park for the 2026 Fiscal Year)
• At the May 20, 2025 Village Board Meeting, the Board approved RES 25-216 (A Resolution Approving the Engagement of an Additional Law Firm for Legal Services to be Performed on Behalf of the Village of Oak Park)
• At the December 3, 2024 Village Board Meeting, the Board approved RES 24-349 (A Resolution Approving the Engagement of Attorneys/Law Firms for Legal Services to be Performed on Behalf of the Village of Oak Park for the 2025 Fiscal Year)
• At the January 23, 2024 Village Board Meeting, the Board approved RES 24-106 (A Resolution Approving the Engagement of Attorneys/Law Firms for Legal Services to be Performed on Behalf of the Village of Oak Park for the 2024 Fiscal Year)
• Additional previous years include FY 2023 (RES 22-297), FY 2022 (RES 21-322), FY 2021 (RES 21-52); FY 2020 (RES 20-017), FY 2019 (RES 19-53), FY 2018 (RES 18-756), FY 2017 (RES 17-463), FY 2016 (RES 16-100), FY 2015 (RES 15-215 & RES 15-125).
Background
Pursuant to Section 2-5-1 of the Oak Park Village Code, the Village Manager is authorized to employ legal counsel for the various needs of the Village. The Village Board is further authorized to approve the engagement of independent contractors for the purpose of handling specific legal matters per Section 2-6-1 of the Code. Hervas, Condon, and Bersani, P.C. is a law firm focused on local government representation and litigation, including conducting workplace investigations.
Timing Considerations
It is recommended that the Village Board approve the Resolution at its June 23 Board meeting.
Financial Impact
The Firm will be paid its hourly rate out of Account No. 1001.41070.101.530667.0000 (Law - External Support) and 6026.41071.101.530680.0000 (SIRF - Legal Fees Liability Claims). In the event of defensive litigation, the Village is responsible for attorney’s fees in its defense up to its retained limit ($750,000) within our insurance policy. These fees may be paid to the firm, or to the Insurance company as reimbursement for payment of the fees.
Operations Impact
Engagement of the new firm will reduce in-house and retained attorney time and expenses. Complex litigation and workplace investigations are best conducted by firms with specialized expertise, supervised by in-house staff attorneys with similar expertise, without straining internal resources.
DEI Impact
There has been no community input given in relation to this item.
Community Input
There has been no community input given in relation to this item.
Staff Recommendation
Adopt the Resolution
Advantages:
• This action will result in a reduction in in-house and corporation counsel attorney time.
• Engagement of attorneys with subject-matter expertise and knowledge of the Village and its operations.
• Engagement of attorneys already pre-approved by the Village’s insurer.
Disadvantages:
• There are no disadvantages to this action.
Alternatives
Alternative 1:
The Board could choose not to adopt the Resolution.
Advantages:
• There are no advantages to this alternative.
Disadvantages:
• This action will result in increased in-house attorney time and corporation counsel expense.
• This action may result in the retention of a firm that may be rejected by the Village’s insurer under its policy.
• This action may result in the engagement of a firm without similar expertise.
Anticipated Future Actions
There are no anticipated future actions in relation to this item.
Prepared By: Tony S. Fioretti, Assistant Village Attorney
Reviewed By: Jack Malec, Assistant to the Village Manager
Approved By: Kevin J. Jackson, Village Manager
Attachment(s):
1. Resolution