City of Dubuque Data and Cyber-Security CenterCity of Dubuque
City Council Meeting
Consent Items # 08.
Copyrighted
June 20, 2023
ITEM TITLE: City of Dubuque Data and Cyber-Security Center
SUMMARY: City Manager recommending City Council approve the Conflict Waiver
Letter as attached by Ahlers & Cooney, P.C., Attorney Conner Wasson
and authorize the Mayor to sign the consent form.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Memo & Consent form to Sign Staff Memo
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Data and Cyber-Security Center
DATE: June 13, 2023
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Senior Counsel Barry Lindahl is recommending City Council approve the Conflict
Waiver Letter as attached by Ahlers & Cooney, P.C., Attorney Conner Wasson and
authorize the Mayor to sign the consent form.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Chris Kohlmann, Information Services Manager
Dave Lyons, Strategic Initiatives Consultant
THE C
DUUB--.'*-TE
Masterpiece on the Mississippi
BARRY A. LINDAHL,
SENIOR COUNSEL
k1
MEMO ✓
To: Michael C. Van Milligen
City Manager
DATE: JUNE 13, 2023
Re: City of Dubuque Data and Cyber-Security Center
Dubuque
AII-Asefti Gity
I
2007-2012.2013
2017*2019
The City of Dubuque is negotiating a lease with Dubuque Initiatives for the proposed Data
and Cyber-Security Center at 7900 Chavenelle Road. The City Attorneys Office is
representing the City in the negotiations.
Dubuque Initiatives intends to put the property at 7900 Chavenelle Road into a
condominium regime. The City will have an option to purchase the leased site once it is
placed in the condominium regime. The Dubuque Community School District Board of
Directors will be negotiating for the purchase of a different unit within the same
condominium.
Attorney Conner Wasson of the Ahlers & Cooney, PC law firm has been asked to
represent the School District in its purchase. Conner also regularly represents the City of
Dubuque in environmental and contract projects.
Conner's representation of the School District in its acquisition of its condominium unit is
not adverse to the City. However, all parties purchasing units have been offered the
opportunity to comment on the condominium documents that will govern their ownership
within the building. By commenting on these documents on behalf of the School District,
Conner could recommend changes that are adverse to the City (for example, by
commenting on provisions related to the maintenance of common areas). Therefore, out
of an abundance of caution, Conner has asked the City to waive any conflict of interest
his firm may have related to their review of these documents on behalf of the School
District.
This means the City will not be able to consult with the Ahlers firm in reviewing the
condominium documents and that the City understands Conner may comment on those
documents in a way that is adverse to the City's position. We would be able to continue
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-41131 FAx (563) 583-10401 EMAIL balesq@cityofdubuque.org
to receive advice from Conner on all other legal matters, including matters related to the
Data and Cyber-Security Center not related to the condominium documents.
I agree that this is the appropriate arrangement.
I recommend that the Conflict Waiver Letter be submitted to the Mayor and City Council
for consideration and approval.
BAL:JLM
Attachments
cc: Crenna Brumwell, City Attorney
Chris Kohlmann, Information Services Manager
Dave Lyons, Strategic Initiatives Consultant
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
AHLERS COONEY
ATTORNEYS
June 6, 2023
Via Email: balesq-C&cityofdubuque.om
Barry Lindahl
Senior Counsel
City of Dubuque.. Iowa
50 Nest 131 Street
Dubuque, IA 52004
Dear Barry:
Ahlers & Cooney. P.C.
Attomeys at taw
100 Court Avenue. Suite 600
Iles Moines. Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www.ahlerslaw.corn
Conner L. Wasson
515.246.0341
ewasson@ahlerslaw-coma
We v-ere recently asked to re,,7em- a set of condominium documents for real estate locally
knomm as 7900 Chavenelle Road, Dubuque, Iowa on behalf of the Dubuque Community School
District (tile "District") We understand. the City of Dubuque (the "City") also intends to purchase a
unit in this building and will likely be asked to comment on the same set of documents.
As you know, our firm currently represents the City on certain matters unrelated to
this transaction ("City Representations-)- The purpose of this letter is to inform you that the
proposed representation of the District and the City Representations present an ethical conflict of
interest for our firm, and to seek the consent of the City[ to our representation of the District in this
matter -
While this ivork: is not -R ithin the scope of the City Representations, this representation is a
concurrent conflict of interest under the ethical standards governing the practice of la'.v in Iowa -
From a legal perspective, a concurrent conflict of interest exists under Io,%va rules if (1) the
representation of orre client uill be directbj adverse to another rhent, or (2) there is a
significant risk that the representation of one, or more clients will be mat€rialiy limited by the
lawyers responsibilities to another client, a former client, or a third person or by a personal interest
of the lawyer- We know that the second condition stated above does not apply to this situation, but
our firm's representation of the District on the transaction will be directly adverse to City because
they; are concurrent representations -
The state's ethical rules allow a law firm to concurrently represent two adverse parties if (1)
the lawyer reasonably believesthat the iamyer will be able to provide competent and diligent
representation to each affected client; (2) the representation is not prohibited by lam-; (3) the
representation. does not ixt*; 014 a the assertion of a claim by one client against another represented by
the lam-yer in the same litigation or other proceeding before a tribunal, and (4) each affected client
gives informed consent, confirmed in writing. We believe confidently that our attomeys •ill be
able to provide competent and diligent representation to each of their affected clients as the matters
bein6 addressed are totally unrelated, the representation is not prohibited by lam-, and there will not
be an assertion of a claim as described- The purpose of this letter is to seek the written consent of
the City to proceed with our representation of the District on the transaction- We are requesting the
Same frO11741I$$; au[axs[x & 9�ae - sa3 5u[a & rr • #9bi 5tsv. P[mer. &� ws rn & Sruvtiun -19i t: 9tinvasn� Grrevr�,
:ui[ei 4 Cuunrr-:57L, �[u[a, Cvarra, r��.ylausa. �rNr & Surtx-14]-0; AHUR Cmx[x, �:vo[m, H[r.+�, 5�trn& Aauc[, P-C-15�
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-41131 FAx (563) 583-10401 EMAIL tsteckle@cityofdubuque.org
June 6. 2023
Page 2
Please be aware that the Rules of Professional Conduct require that we represent all our
clients with diligence and that we protect and maintain their confidences. Accordingly. we will
not disclose or use any confidential information that w-e may have acquired about either party to
the other in our prior or ongoing representation of the parties.
In deciding whether to consent, you should consider how- our representation as described
above could or may affect you. For example, clients that are asked to waive or consent to conflicts
should consider whether there is any material risk that their attorney- -will be less diligent on their
behalf due to the conflict. Similarly, clients should consider whether there is any material risk
that their confidential information or other proprietary matters will be used adversely to them due
to the conflict. Although you are not required to do so, we recommend that you seek the advice
of a lawyer outside of our Finn if you have any questions or concerns about whether you should
size this conflict waiver -
Please feel free to contact me with any questions or concerns_ If the City consents to the
concurrent representation. please so indicate below- and return a copy of this fully executed letter
to my attention. Thank you.
Very truly yours,
AHLERS & COONEY, P.C_
Conner L. Wasson
CLWfarmp
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-41131 FAx (563) 583-10401 EMAIL tsteckle@cityofdubuque.org
June 6. 2023
Page 3
Ciry of Dubuque and causents to any actual. potential, or percen-ed couflsct of interest
associatcd with Ahlcrn & C'ooncy, P-C.'s representation of the Dubuque C'iom unity School District
with respect to the ablo-e-rreTeferenced transaction and the City Representations.
Dated dust day of � /U11C
CITY OF DLMUQLTE
r
B
Iavor
City Clerk
OL':'_>50-1t1'3 04co
OFFICE OF THE CITY ATTORNEY DUBUQUE, iOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, lA 52001-6944
TELEPHONE (563) 583-41131 FAx (563) 583-10401 EMAIL tsteckle@cityofdubuque.org