Guided by a
request from Peachtree City Councilman Dan Tennant, the city's rising
legal bills will be discussed at Thursday night's council meeting.
Tennant has
suggested one way to save money might be to hire an in-house attorney
rather than contracting with an outside firm.
In a letter
to council, City Attorney Rick Lindsey said while the city's legal bills
were up 45 percent in 2000 compared to 1999, he expected the costs to
be reduced significantly once several legal matters are concluded in the
near future.
Lindsey, a
member of the law firm Webb, Lindsey, Collins, Jones and Wade LLC, serves
as city attorney and also the prosecutor in city court. Steps have been
taken recently to try and reduce the city's legal bills, Lindsey noted,
including the use of a second attorney from the firm during city court
at no cost to the city which helps dispose of cases quicker.
According to
information provided to council, one option is for council to hire its
own in-house attorney. Of 21 metro area governments surveyed by the city,
only Roswell had in-house legal representation.
Lindsey currently
works at a rate of $130 per hour, which is less than 2/3 of his normal
hourly rate, he noted. He has recommended against creating an in-house
city attorney's position at this time, but he suggested keeping an eye
on the situation for the future if such a move is financially beneficial
to the city.
Lindsey estimated
it would cost at least $100,000 a year to hire an attorney with experience
representing cities which face growth pressures in affluent areas. Also,
the city would have to hire a paralegal to assist the attorney, he added.
In explaining
this year's legal bills, Lindsey said the Home Depot/Wal-Mart development
issues have taken up much of his time, along with a doubling in the amount
of city court matters he has handled.
Much time and
money has also been spent on a federal lawsuit filed against the city
and three police officers, Lindsey said. So far this year, $38,000 has
been spent on that litigation, filed by the O'Keefe family, which claims
police illegally entered their home and arrested them. The matter is pending
in federal court in Newnan.
Lindsey also
noted other legal matters he has been involved with this year, including
the revision of the city charter, the ethics ordinance, negotiating the
county jail impact fee and work on the tax inequity issue between the
cities and the Fayette County Board of Commissioners.
"In short,
the city has placed a lot on my plate this year," Lindsey said.
Lindsey also
said he would not speak to council on the matter at the meeting since
he is forbidden from doing so by the city's ethics ordinance. He noted
that he could speak to council members before the meeting in an "unofficial"
capacity.
Lindsey added
that to make "every effort to adhere to the ethics ordinance,"
he would not bill the city for reviewing the bills or writing his letter
to council.
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