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HomeMy WebLinkAbout2025_04_10 CC Special Mtg PacketCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMThursday, April 10, 2025 Special City Council Study Session The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM STUDY SESSION 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. Public Interviews with City Attorney Services applicants: Cutler Law Firm, and Woods Fuller Law Firm. ID 25-01644. Memo Request for Proposal Cutler Law Firm Proposal Woods Fuller, Schultz and Smith P.C. Law Firm Proposal Attachments: 5. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, VACANT Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Page 1 City of Brookings April 10, 2025City Council Meeting Agenda - Final Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 2 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0164,Version:1 Public Interviews with City Attorney Services applicants: Cutler Law Firm, and Woods Fuller Law Firm. Summary and Recommended Action: The current City Attorney, Steve Britzman, is expected to retire this spring. In response, the City received proposals from Woods, Fuller, Schultz and Smith P.C. and Cutler Law Firm. City Council is scheduled to conduct public interviews with both firms during the April 10th Study Session. Attachments: Memo Request for Proposal Cutler Law Firm Proposal Woods Fuller, Schultz, and Smith P.C. Law Firm Proposal City of Brookings Printed on 4/3/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul Briseno, City Manager Council Meeting: April 10, 2025 Subject: City Attorney Proposals Presenter: Paul Briseno, City Manager Summary and Recommended Action: The current City Attorney, Steve Britzman, is expected to retire this spring. In response, the City received proposals from Woods Fuller, Schultz and Smith P.C. Law Firm and Cutler Law Firm. City Council is scheduled to conduct public interviews with both firms during the April 10th Study Session. Item Details: A request for proposals was issued in January and publicly advertised statewide. The City received two proposals by the March 14th deadline; submitted by Woods Fuller, Schultz and Smith P.C. Law Firm and Cutler Law Firm. Per Section 3.02 of the City Charter, the City Council is responsible for appointing the Legal Officer. The April 10th Study Session will provide an opportunity for public interviews with both firms, including time for public questions. The City Council may proceed with an appointment at the April 22nd meeting. Legal Consideration: The City Attorney has reviewed all proposals. Strategic Plan Consideration: Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: Legal services are budgeted annually. Supporting Documentation: Request for Proposals Cutler Law Firm Proposal Woods Fuller, Schultz and Smith P.C. Law Firm Proposal REQUEST FOR PROPOSALS: City Attorney Services City of Brookings, South Dakota Purpose The City of Brookings, a Home Rule Municipality, seeks Request for Proposals (RFP) proposals from qualified law firms or individual attorneys to provide legal services, including acting as City Attorney, on a contracted basis. Proposals must address the qualifications, experience, and approach to fulfilling the City's legal needs. To be considered, proposals must address each of the points requested in this document, including rates and fees. Rates and fees will be considered based on qualifications after initial consideration. The person serving as City Attorney must be a licensed, practicing attorney in good standing of the State Bar of South Dakota and a member of the South Dakota Municipal Attorneys Association. The City Attorney may be associated with a firm. However, one individual will be identified for this position or to oversee this position and will be accountable for the scope of services, notwithstanding the delegation of responsibilities within a firm. Anticipated Timeline January 1, 2025 RFP Posted and Distributed to Prospective Law Firms February 13, 2025 Deadline for RFP Submission March 14,2025 EXTENDED Deadline for RFP Submission March - April Vetting of Firms and Interviews April Contract and Fee Negotiation April 22, or May 13, 2025 Appointment of Selected Firm at City Council Meeting Scope of Services The City Council annually appoints the City Attorney. The City Manager will provide day-to- day direction to the City Attorney. Experience with South Dakota municipalities and knowledge of South Dakota Municipal Law, open meetings, personnel law, utility law, and land use and zoning regulations is preferred. The City Attorney will provide comprehensive legal counsel to the City of Brookings, including but not limited to: 1. General Legal Counsel o Provide legal advice to the Governing Body, and designated staff of the City. o Prepare and review ordinances, resolutions, contracts, agreements, deeds, City Council agenda items, and other legal documents. o Ensure compliance with federal, state, and local laws, including open meetings, public records, and personnel laws. o Counsel the City on personnel matters including, but not limited to, employee grievances, personnel actions, unemployment hearings, and other personnel matters. o May be a spokesperson for the City. 2. Municipal Operations o Meet regularly with the City Manager and, as needed, with other City staff. o Counsel on zoning, land use, annexation, and development issues. o Represent the City in legal proceedings, including weekly Magistrate Court appearances for ordinance enforcement, litigation and appeals. o Attend regular City Council meetings (typically twice a month), work sessions, and other required meetings. o Perform regular research and updates on general areas of municipal and governmental law. o Review agenda materials of all City Council meetings, and where necessary, provide legal input for items on the agenda. 3. Prosecutorial Duties o Prosecute violations of municipal ordinances. o Assist with the preparation of legal complaints and other prosecutorial documents. o Provide guidance to City law enforcement on legal matters. 4. Specialized Knowledge o Demonstrated expertise in Home Rule governance and thorough understanding of the Brookings Charter or the National Civic League Model Charter. o Expertise in South Dakota municipal law and familiarity with the activities of the South Dakota Municipal Attorney Association. o Provide regular updates on changes in laws and regulations impacting municipal operations. 5. Effective Public Relations o The City Attorney must demonstrate the ability to work effectively with a wide group of people including Council Members, City staff members, Courthouse staff and Judges, Police Officers, attorneys and members of the public. 6. Other o Represent the City in civil actions, administrative proceedings and legislative matters. o The City Attorney will be required to provide detailed, itemized billing on a monthly basis. To avoid misunderstanding, the City Manager may engage other law firms from time-to-time, for additional legal services. The City Attorney must be familiar with general municipal law and keep abreast of legislation affecting cities outside the scope of billable services. Qualifications Proposals should address the following criteria: 1. Licensure and Standing o Active license to practice law in South Dakota. o Member in good standing with the State Bar of South Dakota and South Dakota Municipal Attorneys Association. o Disciplinary proceedings found to be meritorious in the last five years. 2. Experience o A minimum of five (5) years of municipal law experience is preferred. o Demonstrated expertise in land use, zoning, personnel law, contract law, and litigation. 3. Team Approach o Proposals must designate a lead attorney and identify additional firm members who may assist. Firms should ensure more than one attorney is available to represent the City as needed. 4. Accessibility o Timely responsiveness to inquiries and availability for consultation outside of regular meetings. 5. References o Provide references from municipalities or comparable clients where similar services have been provided. Proposal Requirements Respondents must compile submittals in the following sequence: 1. Firm or Individual Information o A cover letter signed by the authorized representative of the firm committing to providing the legal services described above. o Name, address, contact information, and years of practice. o Resume(s) of the designated legal firm, including the person identified to serve as City Attorney and supporting attorneys detailing education, experience, and municipal law expertise. o Provide the office location to be used to fulfill the duties of the position and when the hours the office will be staffed by the City Attorney and supporting attorneys. 2. Experience and Qualifications o Provide a complete list of all past and present municipal clients, including email and phone contact information. o Provide a brief summary of the firm's or individual's experience in each of the following areas and your strategy for managing those areas in which your firm does not have experience and would need to outsource, such as: 1. Business contracts and agreements. 2. Ordinances and resolutions. 3. Real estate matters, including deeds, easements, annexations, and condemnations. 4. Open meetings and open records. 5. State law as it pertains to municipalities. 6. Personnel matters. 7. Zoning and development processes. 8. Public Safety. 9. Public Utilities. o Within the past five (5) years, have any disciplinary investigations or inquiries commenced, or has any disciplinary complaint been made against any attorney in the Firm before any court or State Bar Disciplinary Board? 3. Conflict of Interest Statement o Please advise if you represent a contractor, developer or other client for whom you do substantial legal work that could cause a potential conflict and /or be a potential litigant against the City of Brookings. Describe how you would resolve these current or future potential conflicts of interest. o If you or your firm has represented any client in the past five (5) years against the City of Brookings or one of its employees, please describe the case(s). o If you or your firm have participated in any litigation in the last five (5) years in which the City of Brookings or one of its employees was named as a defendant, please describe the case(s). 4. Compensation o Provide a desired compensation schedule as a monthly, flat rate and breakdown of the firm's anticipated hourly rates for specialty billing. o The applicant may select one of the following three options it intends to use if selected as the Brookings City Attorney: Option 1: Retainer/Fixed Fee Cap Plus. The Firm, or individual will bill a monthly retainer for General Government Services plus hourly fees for litigation, special projects, or both, if not covered by a retainer. Please quote the monthly fixed retainer fee to be charged for general governmental services and identify the items that are to be covered by the retainer. Also, clearly note any items the Firm, or individual attorney would not provide as part of the retainer services wherein the Firm, or individual attorney will bill on an hourly basis. State separately the applicable hourly rate(s) and for any other cost items proposed to be itemized and billed (e.g., use of paralegals, photocopying, Westlaw, or Lexis fees, etc.). Option 2: Hourly Fees for All Work. The Firm, or individual attorney will use hourly rates to bill for the legal services the Firm, or individual attorneys provide to the City. Identify the minimum increment of time billed for each service (e.g., telephone calls, correspondence, and conferences). The City seeks billing increments of one-tenth of an hour or greater. If there are any services routinely performed at no cost, list those services. Option 3: Respondent’s Choice. Any billing methodology Respondent wishes to propose. Clearly and thoroughly explain any billing methodology Respondent wishes to propose. No matter which of the preceding options the Firm, or individual selects, it should provide monthly bills to the City and maintain auditable records to account for all expenses billed. These records must be kept in accordance with generally accepted accounting principles, and the City reserves the right to determine desired record- keeping methods in the event of non-conformity. 5. Professional Liability Insurance o Provide proof of professional liability insurance coverage, including limits. 6. References o List references and contact information. Selection Process The Request for Proposals due date is Thursday, February 13, 2025, March 14, 2025 at Noon. Based on the staff’s review of submittals. The City of Brookings will evaluate proposals based on: • Relevant municipal law experience. • Depth of expertise within the firm or individual attorney. • Responsiveness and thoroughness of the proposal. • References and demonstrated ability to meet municipal legal needs. • Compensation, to include hourly rates beyond the Scope of Services. • Any factor deemed relevant by the City. The City reserves the right to reject any or all proposals or request interviews with finalists and negotiate contract terms before appointment. Submission Instructions Submit proposals electronically or by hard copy by Noon on March 14, 2025, to: City Manager Paul Briseno City of Brookings 520 3rd Street, Suite 230 Brookings, SD 57006 Email: pbriseno@cityofbrookings-sd.gov Questions regarding this RFP should be directed to Paul Briseno, City Manager or Steve Britzman, City Attorney, at 605-692-6281 or pbriseno@cityofbrookings-sd.gov and britzmanlaw@brookings.net . The City of Brookings appreciates your interest and looks forward to reviewing your proposals. March 14, 2025 Via Email (pbriseno@cityofbrookings-sd.gov) City of Brookings Attn: Paul Briseno, City Manager 520 3rd St., STE 230 Brookings, SD 57006 RE: City Attorney Services Proposal Greetings, It is with great pleasure that Cutler Law Firm, LLP, submits this proposal to serve as the city attorney for the City of Brookings. In addition to my serving as the city attorney, if you choose to accept this proposal, you also receive the benefit of having the entire Cutler Law Firm, LLP, available to assist with the legal service needs of Brookings. EXPERIENCE AND QUALIFICATIONS I have over 17 years of experience as a city attorney. Although I will be primarily responsible for serving as you as city attorney, our entire firm will be able to assist the City of Brookings. Cutler Law Firm, LLP, is a full-service law firm, located at 140 N. Phillips Ave., in Sioux Falls, with broad experience in matters important to the City of Brookings. We have 20 attorneys in our firm focused in areas that will be of benefit to the City of Brookings. Our representation of municipalities is a collaborative effort where we utilize the resources of the entire firm. The advantages of working with our firm is that we have attorneys with backgrounds in many areas that municipalities deal with on a regular basis such as human resources, bid laws, general contract law, governmental relations, public safety, utilities, zoning, state government, construction, real estate, planning and zoning, public finance, and as bond counsel. Additional information on those attorneys that will be most involved is attached hereto and available at www.cutlerlawfirm.com. We work on a collaborative basis to address the needs of our clients. Outside of my involvement, and of particular use to the City of Brookings, will be the experience of Ryan Taylor and Meredith Moore on utilities matters, Nichole Mohning on personnel matters, and Eric Erickson’s involvement with the South Dakota Municipal League as one of its lobbyists. All of our firm’s 20 attorneys have active licenses to practice and are in good standing with the State Bar of South Dakota. Meredith Moore and I are members in good standing with the South Dakota Municipal Attorneys Association. None of our attorneys have had disciplinary complaints filed against them. FROM THE DESK OF NATHAN S. SCHOEN CUTLER LAW FIRM, LLP 140 N Phillips Avenue 4 th Floor Sioux Falls, SD 57104 (605) 335-4950 main (605) 271-4965 direct (605) 335-4961 fax 2 Specifically to municipal representation, our firm currently represents the cities of Garretson, Harrisburg, Chamberlain, and Oacoma as city attorney. Our representation of Garretson, Harrisburg, and Chamberlain are all longer than ten years. Contact information for our municipal clients are as follows: The following is a brief summary or our firm’s experience in the areas set forth in the RFP. Upon request we look forward to discussing this experience in greater detail. 1. Business contracts and agreements. Our firm has a long history of providing legal assistance to business-related legal services with ten of our firm’s attorneys primarily focused on business and real estate matters. 2. Ordinances and resolutions. We have assisted our other municipal clients with drafting and review of ordinances and resolutions for more than 17 years. 3. Real estate matters, including deeds, easements, annexations, and condemnations. Our firm has a broad range of experience in all manner of real estate matters representing municipal and other clients. This includes all of the matters addressed in the RFP including annexation and condemnation proceedings. 4. Open meetings and open records. We have assisted our other municipal clients with open meeting and records matters for more than 17 years. 5. State law as it pertains to municipalities. We regularly provide our clients with guidance on South Dakota statutory and case law on matters specific to municipalities. In addition, Eric Erickson is involved with the legislative process as a lobbyist for the South Dakota Municipal League. 6. Personnel matters. Nichole Mohning in our office focuses her practice on employment law and assists our firm’s municipal, utility, business, and nonprofit clients with employment law matters. Without limiting the generality of the foregoing, this includes EEOC matters, OSHA, union relations, and other matters. 3 7. Zoning and development processes. I have over 17 years of assisting municipalities in zoning and development matters. In addition, Erik Nyberg from our office serves on the Sioux Falls Planning Commission. 8. Public Safety. I am familiar with public safety matters through my city attorney work, particularly as city attorney for the City of Chamberlain, which has a police force. In addition, Eric Erickson serves as Executive Director and lobbyist for the South Dakota State’s Attorneys Association. 9. Public Utilities. Our firm has extensive experience representing public utility companies, including representation of Swiftel and Brookings Municipal Utilities in certain matters. Ryan Taylor, Meredith Moore, and Eric Erickson have represented multiple clients involved with telecommunications, electric utilities, and rural water organizations. 10. Prosecutorial Duties. Meredith Moore in our office has experience as the Garretson City Attorney and in prosecuting violations of municipal ordinances and handling code enforcement. In this representation we would anticipate Ms. Moore as the lead attorney in this prosecutorial role but she would also oversee other attorneys in these matters. We would also work with the city to explore alternative methods of prosecution such as outsourcing to a third party if more efficient. 11. Specialized Knowledge. We have worked with cities on home rule governance. Eric Erickson serves on the Sioux Falls Charter Commission and has familiarity with the South Dakota Municipal League through his role as one of its lobbyists. Meredith Moore and I are also active within the South Dakota Municipal Attorney Association. Our involvement with the Municipal Attorney Association and Eric’s role with the South Dakota Municipal League keep us updated on changed in laws and regulations impacting municipal operations. CONFLICT OF INTEREST STATEMENT Our firm has not participated in any litigation in the last 5 years against the City of Brookings or its employees within the past 5 years. Our firm has represented Interstate Telecommunications Cooperative in occasional matters before the Brookings City Council or other business matters that could otherwise be of potential conflict. In the event of a conflict between clients we would follow the South Dakota Rules of Professional Conduct for attorneys. 5 GENERAL PROVISIONS OF ENGAGEMENT LETTER Except as modified by the accompanying engagement letter, the following provisions will apply to the relationship between Cutler Law Firm, LLP and our clients: 1. FEES. Fees for services rendered will be based on the reasonable value of those services as determined in accordance with the American Bar Association and South Dakota Rules of Professional Conduct. Such fees will be based primarily on our hourly billing rates; billing rates differ, depending generally on the attorney’s experience and years of practice, and the firm adjusts these rates from time to time. The time for which a client will be charged will include, but will not be limited to, telephone and office conferences with a client and counsel, witnesses, consultants, court personnel and others; conferences among our legal personnel; factual investigation; legal research; responding to clients’ requests for us to provide information to their auditors in connection with reviews or audits of financial statements; drafting of letters, pleadings, briefs and other documents; travel time; waiting time in court; and time in depositions and other discovery proceedings. In an effort to reduce legal fees, we use paralegal personnel. Time devoted by paralegals to client matters is charged at hourly billing rates, which also are subject to adjustment from time to time by the firm. Other factors may be taken into consideration in determining our fees, including the responsibility assumed, the novelty and difficulty of the legal problem involved, the benefit resulting to the client and any unforeseen circumstances arising in the course of our representation. 2. COSTS AND EXPENSES. In addition to our fees, we will be entitled to payment or reimbursement for costs and expenses incurred in performing services such as photocopying, delivery service, computerized research, travel (including mileage, parking, airfare, lodging, meals and ground transportation), long distance telephone, telecopying, court costs and filing fees. Certain of such items may be charged at more than our direct cost to cover our overhead. Unless special arrangements are made at the outset, fees and expenses of others will not be paid by us and will be the responsibility of, and billed directly to, the client. 3. ESTIMATES. Although we may from time to time for a client’s convenience furnish estimates of fees or costs that we anticipate will be incurred, these estimates are subject to unforeseen circumstances and are by their nature inexact. 4. STATEMENTS. Fees and expenses will be billed once this matter is complete and are payable upon presentation. We expect prompt payment. We reserve the right to postpone or defer providing additional services or to discontinue our representation if billed amounts are not paid when due. 5. TERMINATION. A client shall have the right at any time to terminate our services and representation upon written notice to the firm. Such termination shall not, however, relieve the client of the obligation to pay for all services rendered and costs or expenses paid or incurred on behalf of the client prior to the date of such termination. 6. WITHDRAWAL. We reserve the right to withdraw from our representation if, among other things, the client fails to honor the terms of the engagement letter, the client fails to cooperate or follow our advice on a material matter, or any fact or circumstance that would, in 6 our view, render our continuing representation unlawful or unethical. If we elect to withdraw, the client will take all steps necessary to free us of any obligation to perform. 7. INDEMNITY. If any claim or action is brought against us or any personnel of the firm and such claim arises from the client’s negligence or misconduct, the client will hold us harmless and indemnify us for all damages incurred. 8. CONCLUSION OF SERVICES. When our services conclude, all unpaid charges shall become immediately due and payable. After our services conclude, we will, upon your request, deliver a copy of your file to you, along with any of your funds or property in our possession. 9. DISCLAIMER OF GUARANTEE. Nothing in our engagement letter agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. Our comments about the outcome or your matter are expressions of opinion only. 10. REPRESENTATION OF MULTIPLE CLIENTS. If more than one person executes our engagement letter agreement as Client, then each of you, jointly and severally, shall be responsible for payment of all fees, costs, expenses and late fees pursuant to this agreement. Each of you hereby waives any conflict of interest that may exist or hereafter arise between you in the representation by us, except that this waiver shall not apply after written notice from one of you objecting to continued representation. 7 ATTORNEY PROFILES: Nathan S. Schoen Overview: Nathan Schoen joined the firm as an associate in 2004 and became partner in 2010. A native of Sioux Falls, Nathan attended South Dakota State University where he received his B.S. in business economics. Nathan earned his law degree from the University of Nebraska College of Law and his LL.M. in taxation from the University of Missouri – Kansas City. Nathan is licensed to practice law in South Dakota, Minnesota, Iowa and Nebraska. In 2010, Nathan was certified as designated closing counsel for the US Small Business Association 504 Loan Program. Nate is also listed in Bond Buyer’s Muni Marketplace “Red Book” as Bond Counsel. Nathan’s areas of practice are focused in municipal law, public finance, banking, SBA lending, business organizations and transactions, and real estate law. Nathan has undergone specialized training and is licensed in 4 states in order to provide clients with assistance and guidance in SBA lending and public finance. Eric E. Erickson Overview: Eric Erickson grew up on a farm near Summit, South Dakota. He graduated from South Dakota State University in 2004 with a Bachelor of Science degree in Political Science and a minor in Business Administration. Following graduation, Eric worked for Daktronics, Inc. as a salesman to the large sport venue market in Florida which included universities, municipal stadiums and arenas, and spring training baseball facilities. In 2007, Eric moved back to South Dakota to serve as the Executive Director of the South Dakota Association of County Officials. In that position, Eric represented South Dakota’s Auditors, Treasurers, and Registers of Deeds to the state and federal governments. Eric graduated from the University of South Dakota School of Law in 2013 with High Honors. While in law school, Eric was active in the Trial Team, served as president of the Moot Court Board, served as a graduate assistant to the Government Research Bureau during his second year in law school and as graduate assistant to the General Counsel for the South Dakota Board of Regents during his third year. He interned with the Lincoln County State’s Attorney in 2011 and with Cutler Law Firm, LLP in 2012. Eric joined Cutler Law Firm, LLP as an associate in 2013. Eric became a partner in January, 2018. Meredith A. Moore Overview: Meredith Moore joined the firm in 2002. Meredith graduated cum laude from St. Olaf College in Northfield, Minnesota, in 1998, with degrees in both history and political science. She earned her law degree in 2001 from the University of South Dakota School of Law. Following law school, Meredith clerked for the Honorable Richard W. Sabers of the South Dakota Supreme Court before joining Cutler Law Firm. Meredith’s practice involves counseling clients in matters of administrative laws and civil litigation, in varied areas from municipal laws, administrative rules, civil trials and appeals. Meredith is a great resource in reviewing legislation for potential unintended consequences. Ryan J. Taylor Overview: Ryan Taylor joined the firm in 2001. He is a native of Mellette, South Dakota, and a 1993 graduate of the University of South Dakota with a degree in business administration/accounting. Following graduation, Ryan worked as a Certified Public Accountant and Audit Senior 8 specializing in public utilities and small business with Eide Helmeke & Co. (now Eide Bailly, LLP). Ryan returned to the University of South Dakota in 1996 and graduated from the University of South Dakota School of Law in 1999. He was admitted to the South Dakota Bar in 1999 and practiced in Rapid City, South Dakota, where he served as outside counsel to Black Hills Corporation until joining Cutler Law Firm, LLP. Ryan’s practice includes significant regional and local companies in the banking, telecommunication and utilities industry and has substantial experience in renewable energy and emerging industries. Nichole J. Mohning Overview: Nichole J. Mohning joined Cutler Law Firm, LLP in 2008. Nichole primarily practices in the area of employment law providing advice and counsel to both public and private employers on issues such as human resource policies and practices, federal and state equal employment opportunity and wage and hour laws, employee benefits and leave, and non-compete agreements. She also assists clients in defending employment-related claims in the courts and administrative agencies. Nichole has served as counsel to a human rights commission advising the commission on the investigation of complaints and litigating claims on behalf of the commission. Along with her employment practice, Nichole is also actively involved in litigating commercial disputes. Nichole has presented numerous seminars regarding public and private sector employment matters, as well as providing related training to management and supervisors. Nichole is originally from Le Mars, Iowa. She graduated from the University of Kansas with a B.A. in history and American studies. Following graduation, Nichole was involved in secondary and higher education where she served as a teacher and administrator. In 1998, Nichole returned to school at the University of Kansas School of Law where she received her law degree in December, 2001, and was the co-recipient of the W. Ross Hutton Award given by the University of Kansas law school faculty for superior performance in the Legal Aid Clinic. Prior to joining Cutler Law Firm, LLP, Nichole practiced with the law firm of Clark, Mize & Linville, Chtd. in Salina, Kansas. Matthew J. Pesicka Overview: Matthew Pesicka, a native of Sioux Falls, South Dakota, graduated from Washington High School in 2018 before attending the University of South Dakota. Through the University’s 3+3 Law School Fast-track program, he earned his Bachelor of Arts in Political Science degree in just three years. Matthew continued his education at the University of South Dakota’s Knudson School of Law, earning his Juris Doctor (J.D.) in 2024. During law school, he also pursued and completed a Master of Public Administration (M.P.A.) degree. His academic accomplishments include winning First Place and the Best Advocate award in a negotiation competition during his first year of law school. In his second and third years, Matthew served as a Staff Writer and Associate Editor for the South Dakota Law Review, and as President of both the Environmental Law Society and the Family Law and Children’s Advocacy Club.