Though no one appears in a
rush to replace current City Attorney Rick Lindsey, the Peachtree City
Council has been prodded into studying whether it's time to hire its own
in-house counsel.
Councilman Dan Tennant has
spearheaded the issue, saying at last week's council meeting that part
of the increase was due to a 30 percent increase in Lindsey's hourly rate.
While other council members
agreed the increase was largely due to a larger work load Lindsey has
handled this year, most were hesitant to bother analyzing whether an in-house
attorney could save money.
"At $130 an hour, I think
it's somewhat of a bargain, said Councilman Steve Rapson, noting that
his employer, Fulton County, recently spent $220,000 to hire a new assistant
district attorney.
So far this budget year, Peachtree
City has spent $177,543 of the budgeted $190,600 for city attorney and
city solicitor services from Lindsey, according to city records. That
reflects a 14 percent increase in the payments for the court solicitor
service (up $9,422) and a 34 percent increase in funds used to defend
the city in court (up $10,842).
In the 1996 fiscal year, the
total expenses recorded for the city attorney and solicitor positions
were just over $101,000. Just $106,293 was spent for both services during
the entire 1999 budget year.
However, in fiscal year 2000,
the payments jumped to $151,769: a 42 percent increase. Most of that increase
$41,248 was also due to increased work as court solicitor and defending
the city in various lawsuits, according to city records.
The city also pays Lindsey
for other professional services such as legal opinions, drafting ordinances
and reviewing other legal matters. Since 1996, that payment category has
also increased significantly, from $24,651 to $58,413.
Councilwoman Annie McMenamin
said to hire an attorney experienced with municipal law in cities with
similar growth issues could become incredibly expensive. She also said
Lindsey has proven to be very accessible whenever he was needed.
Mayor Bob Lenox agreed that
the recent spike in attorney's fees was significant, but if the city had
lost any of its lawsuits Lindsey worked on, it would cost more than Lindsey's
current amount of compensation, he argued.
Rapson added that Lindsey brings
other resources to the table through his law firm, Webb, Lindsey, Collins,
Jones and Wade LLC.
Tennant argued that given the
recent increase in legal bills, it would be prudent for city staff to
determine at what point it makes financial sense to hire an in-house attorney.
"At some point, it has
to be more efficient to have our own attorney," Tennant said, adding
that he wasn't sure if the city's current needs warranted such a move.
"I don't see our legal bills going down. We may well be best served
with outside counsel representing Peachtree City."
"There are a lot of other
places that don't have their own full-time city attorney," said Councilwoman
Carol Fritz.
Lenox said council could decide
to hire different persons to serve as city attorney and city solicitor.
Currently, Lindsey represents the city's legal interests and also serves
as the chief prosecutor in city court.
Local resident Murray Weed,
who formerly served as the in-house legal counsel for Lowndes County,
volunteered to help the city study the issue. He quickly added that he's
not interested in the job at all.
"Councilman [Steve] Rapson
is correct: there are hidden costs ... an in-house attorney probably won't
pay off," Weed said.
Weed noted that some municipalities
consider it a conflict of interest for the same person to serve as city
attorney and solicitor since there could be a time the city attorney is
called upon to defend the city municipal judge.
It was decided that Weed could
work with finance director Paul Salvatore and Rapson, the city's former
finance director. Rapson suggested studying the legal bills over the past
five years to get a good handle on the situation.
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