Subject:
Title
Discussion of contracted vs. in-house legal services; cost comparison, pros and cons
Body
Departments: Administration and Human Resources
Presenter(s): Malcolm Fleming, Town Administrator
Alicia Melendez, Human Resources Director
Time Estimate: 45 minutes
only required for non-consent items
Staff Recommendation:
Recommendation
Discuss information compiled by staff and provide direction on action the Board may wish to pursue further.
End
Summary and Background of Subject Matter:
The Town’s need for legal services and the cost of those services are variable depending on numerous factors, including the number and complexity of contracts the Town must engage in every year in the course of normal operations, the level of land use planning and development activity that involves legal review and coordination, issues affecting the Town’s water rights, oil and gas matters, new policies the Board may want to pursue, State and Federal legislation affecting the Town, new case law affecting the Town, public records requests involving confidential information, employment/personnel matters, litigation involving the Town, and other issues.
Currently, the Town contracts for general municipal legal services, which are provided and coordinated by the Town Attorney, Kendra Carberry, and her firm Hoffman, Parker, Wilson and Carberry. The Town Attorney is appointed by and serves at the pleasure of the Board of Trustees. Because Town operations and activities cover such a diverse spectrum, the Town also contracts with several other law firms for legal services involving specialized areas of the law, such as water rights, oil and gas matters, employment/personnel and litigation.
At the initial request of Trustee Sawusch, Human Resources and Finance staff conducted simple research on costs associated with the Town’s contracted legal services, as well as information reflecting the potential costs of creating an in-house Legal Department as an alternative to continuing to contract with outside legal counsel some of the Town’s legal work. Later, based on a majority of Board members asking for this matter to be discussed, HR staff researched other cities of comparable size to Erie that have in-house legal departments. Town Administrator Fleming also asked Town Attorney Carberry to summarize staffing needs and the pros and cons of these different approaches. Staff will present this information and address Board questions during the study session.
Fiscal Impact:
None at this point. But changing the Town’s approach to legal services could reduce or increase the cost of securing those services, or potentially impact the level of service for roughly the same cost.
Board Priority(s) Addressed:
ü Effective Governance
ü Fiscally Responsible
Attachment(s):
1. Memo re Contracted vs. In-House Counsel: Pros, Cons, Departmental Organizational and Costs
2. 2022 City Attorney Survey Compiled by Fort Collins
3. Summary of Town Legal Expenses 2018-2021
4. Town Attorney Contract & 1st and 2nd Amendments