It could be a while before the city hires a new full-time,
in-house attorney, if it ever does. While the City Council hasn
’t voted yet, council members recently indicated that they were
leaning toward keeping the job at City Hall instead of outsourcing
the position to a law firm.
It could be a while before the city hires a new full-time, in-house attorney, if it ever does.

While the City Council hasn’t voted yet, council members recently indicated that they were leaning toward keeping the job at City Hall instead of outsourcing the position to a law firm.

Four of five members of the City Council said recently they would probably vote to replace former City Attorney Helene Leichter instead of outsourcing the job. But the council wants to take its time before hiring a new full-time, in-house attorney for City Hall.

And to cover costs while the council decides what to do with its legal department, council members recently approved $125,000 to cover fees from Jorgenson, Siegel, McClure – the law firm representing the city since Leichter departed.

In fact, Leichter, who resigned April 20 with a separation agreement in which she promised not to sue the city, worked for the Jorgenson firm until she was hired as the full-time city attorney in September 2000.

The reasons for Leichter’s separation from the city are shrouded in secrecy by a proscription in the agreement against any party publicly disclosing the information. However, she was involved in an embarrassing scandal-like situation last July after she was accused of having an affair with City Manager Ed Tewes. They both strongly deny the allegation.

Councilman Greg Sellers was on the council when Leichter was hired in September 2000 after Gary Baum resigned from his position as the city’s first in-house attorney. The city had previously contracted with private law firms for legal representation.

“We looked at this five years ago,” Sellers said. “There are two issues: the scope of work and trying to reduce our legal costs.”

As the city grows, Sellers said it needs more legal representation and contracting outside law firms becomes more expensive.

“And another reason for going to a full-time attorney is to try to reduce legal costs at the front end, keeping people from filing suit in first place,” he said.

Sellers said he would vote to continue with a full-time attorney.

Councilman Steve Tate said he agreed with Sellers, but was hesitating.

“This is a good time to take a break,” Tate said. “I’m not sure I’m ready right now to find new attorney. I want to take it slowly and look again at the pros and cons.”

Tate also said he wants to look at what is included in the city attorney hiring contract. The April 20 separation agreement with Leichter cost the city $233,055.80, including $71,805.80 for salary and benefits to July 1 and $161,250 to compensate for undescribed “alleged physical injury or sickness.”

Mayor Dennis Kennedy, who has sat on the council longer than any other current councilman, has seen it both ways.

“When we contracted out we ran into major problems,” Kennedy said, “with a backlog of cases, missed deadlines that cost the city $1 million.”

Kennedy said the city has had good luck with the two full-time city attorneys it has employed, except for the recent problems. However he said he too wants to proceed slowly.

Councilman Larry Carr said he doesn’t have an opinion yet.

“There is no rush,” Carr said. “I want a chance to take a look and have a review from the staff about what legal services we need, what’s coming up in one, five or 10 years, plus the costs.”

Councilman Mark Grzan said it is important to have an in-house attorney.

“One that staff can consult with all the time,” Grzan said. “I think you get better service from one who lives in the city and drinks our water. I want to bring somebody on board quickly.”

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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