Agenda Item Title:
Title
City Council Office providing update on independent legal representation for the City Council.
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Presenter:
Mike Applegarth, Executive Director
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Description/Background:
Since 2018 the City Council has contracted with Cowdell Woolley PC for independent legal services. Earlier this year the Council questioned whether or not it had the authority to have legal services outside of the City Attorney's Office. On September 8, 2020 the City Council Office recommended that the Council extend its legal services contract with Cowdell Woolley. The Council directed staff to extend the Cowdell Woolley contract until December 31, 2020 and draft a revised policy on the use of legal services better reflective of the Council's actual usage. Staff also committed to seeking an analysis independent of both the City Attorney and Cowdell Woolley on whether the Council has the legal authority to have independent counsel.
The Council Office worked with both the City Attorney's Office and Tracy Cowdell on scope of services outlining the primary questions the City Council seemed to have about independent representation. That scope is attached for reference. Several attorneys declined the project for various reasons. In early November the Council Office approached Chase Andrizzi, the Herriman City Attorney to consider the issue. Mr. Andrizzi was able to accept the assignment and is the author of legal memorandum attached to this agenda item.
Further action to be taken:
With the question of whether or not the City Council can have independent legal services hopefully answered to the Council's satisfaction, staff will soon be recommending policy revisions and options to consider on future legal services.
Recommended Action and/or Suggested Motion:
Recommendation
Information only. No action required.