City Council Attorney Involvement Would Be On Issue-By-Issue Basis
WARSAW – As City Council works to line up the ability to retain its own attorney, one thing is clear: Individuals on council won’t be able to just pick up the phone and get some quick thoughts.
On Monday night, Dec. 16, council decided to take a step back and will retool their plan to have an attorney available after they concluded the only way to use the attorney under state law is on an issue-by-issue basis that will require the approval of council ahead of time.
Without taking any action, council agreed with the advice of City Attorney Scott Reust that a resolution that addresses the matter be amended to reflect the new approach.
Council also wants to prepare a boilerplate contract that could be used for different attorneys who might have expertise in different areas.
Attempts by council to make an attorney available for advice surfaced in February when council wrestled with a dispute involving the police chief. After that issue faded, some council members said they thought the idea still carried merit and began working on it.
But council struggled with establishing procedures in how and when anyone on council could use the services. Numerous versions of the contract have evolved to the point officials admit they were unsure which one was the most current.
If enacted, Warsaw would be the only one of its size in Indiana in which its council retains an attorney. Such practices are common in larger cities.
Councilman Michael Klondaris, a leading proponent of the idea, acknowledged its been tough process trying to come up with a workable plan.
He compared to to the first skier down a hill after a big snowfall.
“The first guy who blazes the trail has the toughest time. Everybody else coming back, they just glide. And we’re the first skier, so to speak,” Klondaris said.
Later in the 55-minute discussion, though, Klondaris seemed to warm up to the compromise situation.
The new outlook would require public discussion and approval by council in advance of using the services.
“As long as I know we have access to a special counsel if we need it. That’s all I really ever was after,” Klondaris said.
There seemed to be broad support for the change.
“Today’s development, I think, will help solve some of the trepidation with how this will work. I think it’s a good solution,” said Councilman Jack Wilhite.
Council had hoped to have a contract approved by the board of works before the end of the year, but that will not likely happen until January.
Klondaris joined councilman Ron Shoemaker and Council President Diane Quance in working on the contract and procedures in recent months. Quance, who has led much of the discussion, did not attend Monday’s meeting.
Council has set aside $12,000 for the potential use of an attorney.
Mayor Joe Thallemer continued to caution council against using an outside attorney before exhausting other resources, including Reust and an attorney available through the state.
In other matters, Councilwoman Cindy Dobbins presented Ron Shoemaker with a plaque in honor of his work on council. Instead of running again for council, Shoemaker chose to run for mayor and lost in the primary.
“It’s been my honor to represent the citizens of Warsaw,” Shoemaker said. “I’m looking forward to doing what I can to make Warsaw better still and who knows, we might be teammates again. Who knows?”