The governmental affairs committee of Seymour City Council will meet at 4 p.m. Wednesday to discuss the next steps in hiring a city council attorney in the council chambers at city hall, 301-309 N. Chestnut St.
At the July 8 city council meeting, Councilman Brad Lucas, who is chairman of the governmental affairs committee, gathered information on two attorneys who responded with interest in the job after 13 letters were sent to Jackson County attorneys.
During the meeting, Lucas presented the proposals publicly that included pages of expenses associated with the job.
The two attorney’s were Bill Braman with Lorenzo Bevers Braman & Connell, a local law firm in Seymour experienced with municipal law and Zach Miller, who is an attorney for the town of Brownstown.
Braman offered an hourly rate of $195 plus costs and expenses associated with litigation if needed. Miller on the other hand, offered a $70,000 yearly fee as a retainer and an hourly rate of $250 with certain litigation if needed. During the most recent council meeting, it was noted that both rates were substantial reductions of the attorney’s normal rates.
The Tribune was told Monday morning, however, that Miller had withdrawn his proposal on the night of July 8 after the council meeting, leaving one candidate.
“This was merely a proposal based off my experience and it was open for negotiation,” Miller said during the council meeting. “With my interpretation of Open Door Laws this information should have been kept confidential. Bill is a great attorney and I think could serve the council very well.”
As it stands currently, an interview process for the candidate will be conducted during the next council meeting on July 22 depending on availability. The interview process stems from a 6-1 council vote.
City attorney Chris Engleking said the process does not have to be done in an executive session as its only appropriate for examining qualifications or interviewing potential employees.
“This would not be classified as an employee,” she said.
A letter sent to area attorney states the needs of the council including the following:
- Manage legal affairs for the council
- Provide legal advice to council, a council committee or a council person as needed
- Provide proper representation of the affairs of the council
- Draft ordinances, resolutions and other legal documents as prescribed by the council and accomplished with input from the city attorney as they are ultimately responsible for the city’s legal affairs
- Maintain custody of legal records and documents and turn them over to their successor
- Promptly commence all legal proceedings necessary or advisable for the protection or enforcement of the rights of the council
- Reporting writing to the city council of all items considered important to the operations of the council
- Report to the council president and city’s clerk treasurer all items that will have a fiscal impact on the council or city
- Advise council or council person of Indiana’s Open Door Laws as needed
Councilman Drew Storey said both proposals the attorneys presented were less than average over the last four years, which is $74,000, and less than what they are on pace to spend over this calendar year for an attorney as well.
According to city Clerk-treasurer Darrin Boas, there is a line item in the city’s annual budget called attorney contractual services, which has never been depleted on an annual basis since Boas has been in office. The council attorney will be paid through the city’s annual budget which is funded by public tax dollars.
“There should be adequate monies in that fund, barring nothing crazy happens,” he said. “As with all funds, it is public monies collected in the form of taxes that fund virtually everything the city does.”
Boas said the duties of a city and council attorney are not comparable.
“I don’t foresee that person taking a load off of Chris or vice versa,” he said. “Some of it is a little repetitive, but the majority of it is not.”
Storey said he believes it is in the best interest of the city and the council to have someone that can provide legal advice.
“I can tell you and I am just speaking to council here that I don’t feel like I’ve had someone I can turn to because I have in fact called AIM (Accelerate Indiana Municipalities) for legal advice and was told that they cannot provide me with that,” he said.
Engleking questioned Storey if he had reached out to her regarding these issues and if he was unsatisfied with the answers he was given.
“On multiple occasions,” Storey said. “I’ve asked for help to define what we can do and not what we can’t regarding performance management and asset management. Instead of drafting results I get cut off.”
Engleking asked him if he was unsatisfied with her interpretation of the law or if he was unsatisfied with the law itself, to which Storey replied with an analogy.
“If I walk into the doctor’s office and a professional said you need knee surgery, I can tell you I am going to look for a second opinion,” he said. “I don’t want to go under the scalpel first and would look for a specialist. At the moment I am not provided with a second opinion. It is absolutely value added to city council.”
Councilman Chad Hubbard asked Engleking if the council obtains their own attorney would she no longer be able to give council legal advice.
“I would still be bound to execute my duties as city attorney and part of that would be working in tandem with this individual to draft ordinances and resolutions,” she said. “I would not feel comfortable giving a represented body legal advice knowing they have counsel.”
During an update on acquiring a transfer station for the city, Public Works Director Chad Dixon took a moment to speak on Engleking’s behalf.
“I don’t really know what is going on,” he said. “She has done an amazing job for my department and this whole thing doesn’t make sense to me.”
Committee meetings and city council meetings are open to the public and press.