Agenda Item Title:
Title
City Council Office recommending extension of Council legal services and presenting concepts to incorporate in a revised legal services policy.
Body
Presenter:
Mike Applegarth and Dustin Fratto
Body
Description/Background:
On September 8, 2020 the Council directed staff, "to extend the Council legal contract through the calendar year end, and to direct the staff to draft a revised policy that is reflective of practice." Staff also committed to seeking a third-party analysis of the City Council's legal ability to retain counsel separate from the City Attorney's Office. That product was delivered to the City Council at the December 8, 2020 meeting.
The attached memo contains a range of options for Council legal services. Staff recommends a six-month minimum contract extension with Cowdell-Woolley.
The timing of the December 8 memo and the Council's present reconsideration of it current legal services arrangement has inhibited staff ability to develop the policy as directed by the Council in September. Reflecting on the Council's current practice and also seeking to better align practice with policy and the legal services contract itself, staff recommends that the following concepts be incorporated into the Council's legal services policy to be brought back for Council consideration and adoption in early January 2021:
1. Any Member may communicate with the Council attorney or request attendance at Council Meetings or other business meetings but should notify the Executive Director each time billable hours are involved. The Council may still require notification to the Vice-Chair but also including the Executive Director will help ensure additional accountability when processing payments.
2. All legal services invoices should be provided to each Council Member by the Executive Director at the time they are approved for payment.
3. Members will provide copies of all written work product completed by the Council attorney to the Executive Director. The Executive Director will provide written copies of work product upon request of Members.
4. Explicit recognition that the Council attorney primarily serves as adjunct Council Office staff to provide general legal research, advice, and documentation to Members and Council Office staff as requested, in addition to serving as conflict counsel should the need arise.
Fiscal Impact:
The fiscal impact will depend on the Members use of contract counsel versus the City Attorney's Office. The most updated costs for the current fiscal year are included in the attached memo, and they may be indicative of future costs.
Recommended Action and/or Suggested Motion:
Recommendation
Motion to:
1) Direct staff to extend the City Council's professional services agreement with Cowdell-Woolley as presented.
2) Direct staff to closely monitor billable hours and report back to the Council if a flat rate will result in a better value.
3) Direct staff to bring back for adoption a draft legal services policy incorporating recommended changes as discussed.