MONROE - The city's Salary and Personnel Committee will be considering whether a full-time city attorney on staff, rather than contracting for services, could benefit the city.
Alderman Michael Boyce submitted the proposal to the committee Tuesday, with a recommendation that the current city attorney, Rex Ewald, fill that position.
The idea of hiring of Ewald specifically, Boyce said, comes from the work and suggestions Ewald has contributed as a member of the IT Committee, of which Boyce is chairman.
"He has brought a lot of great ideas to committee that could be transferred to the city - core values and creating a type of culture throughout the city," Boyce said.
Ewald did not immediately embrace the idea.
"I have a good long-standing practice," he said.
Ewald recommended the city consider a flat-rate package for its executive-level legal services needs.
The packaged services could include the normal, regular services of an attorney, such as attending meetings; advising the mayor, administrator and department heads; and drafting ordinances and contracts - "a vast majority of what the city deals with," he said. He noted a package would not include prosecution, or services billed to outside entities, such as Tax Increment Districts (TID) and planned unit development (PUDs).
"Full-time in-house never occurred to me," he said.
Ewald said he was not seeking such a position with the city and that Boyce had contacted him only last week with the idea.
Ewald also told the committee that he had become concerned about the risks the city have been taking in the past couple of years by not using an attorney enough. He noted several development projects, including Badge State Ethanol, tax increment districts and the current Silverstone Partners' senior housing project, when having an attorney not only prevented risks to the city, but also saved it money.
"Opportunities happened because the city attorney was in the decisions early enough to raise those concerns," he said.
Before asking for a proposal for a package of services from Ewald, the committee directed City Administrator Phil Rath to investigate the cost of other municipal attorneys in the state and report back to the committee. No timeline to discuss the proposal further was set.
Rath said he has seen annual salaries as low as $38,000 to $40,000 for municipal attorneys, but those were probably "for attorneys just out of law school," he added.
Ewald's law office has been paid $117,500 so far for 2011 and $144,900 for 2010, not all of which hits the tax supported general fund, according to City Treasure Cathy Maurer. The city bills attorney costs for work involving the water and wastewater utilities, tax increment districts and planned unit developments to the entity generating the fees.
Ewald's office does not handle labor negotiations, which are performed by an other law firm at an annual cost of about $25,000, when needed.
Boyce said the city, historically, has used up its annual budgeted amounts for legal services and wondered if the methods for using Ewald's services were cost effective. He believed that an attorney on staff would be more accessible to aldermen and department heads, without incurring hourly costs for services.
"It would be helpful if alders wanted to draft an ordinance and could do so, with vetting with the city attorney, before presenting it to the Common Council and not just an idea," Boyce said.
Committee member Brooke Bauman indicated that the city may have an issue with individual council members asking the city attorney questions that could be answered in other ways.
"Statutorily, it is the duty for the city attorney to serve us (the aldermen)," Boyce said.
Alderman Michael Boyce submitted the proposal to the committee Tuesday, with a recommendation that the current city attorney, Rex Ewald, fill that position.
The idea of hiring of Ewald specifically, Boyce said, comes from the work and suggestions Ewald has contributed as a member of the IT Committee, of which Boyce is chairman.
"He has brought a lot of great ideas to committee that could be transferred to the city - core values and creating a type of culture throughout the city," Boyce said.
Ewald did not immediately embrace the idea.
"I have a good long-standing practice," he said.
Ewald recommended the city consider a flat-rate package for its executive-level legal services needs.
The packaged services could include the normal, regular services of an attorney, such as attending meetings; advising the mayor, administrator and department heads; and drafting ordinances and contracts - "a vast majority of what the city deals with," he said. He noted a package would not include prosecution, or services billed to outside entities, such as Tax Increment Districts (TID) and planned unit development (PUDs).
"Full-time in-house never occurred to me," he said.
Ewald said he was not seeking such a position with the city and that Boyce had contacted him only last week with the idea.
Ewald also told the committee that he had become concerned about the risks the city have been taking in the past couple of years by not using an attorney enough. He noted several development projects, including Badge State Ethanol, tax increment districts and the current Silverstone Partners' senior housing project, when having an attorney not only prevented risks to the city, but also saved it money.
"Opportunities happened because the city attorney was in the decisions early enough to raise those concerns," he said.
Before asking for a proposal for a package of services from Ewald, the committee directed City Administrator Phil Rath to investigate the cost of other municipal attorneys in the state and report back to the committee. No timeline to discuss the proposal further was set.
Rath said he has seen annual salaries as low as $38,000 to $40,000 for municipal attorneys, but those were probably "for attorneys just out of law school," he added.
Ewald's law office has been paid $117,500 so far for 2011 and $144,900 for 2010, not all of which hits the tax supported general fund, according to City Treasure Cathy Maurer. The city bills attorney costs for work involving the water and wastewater utilities, tax increment districts and planned unit developments to the entity generating the fees.
Ewald's office does not handle labor negotiations, which are performed by an other law firm at an annual cost of about $25,000, when needed.
Boyce said the city, historically, has used up its annual budgeted amounts for legal services and wondered if the methods for using Ewald's services were cost effective. He believed that an attorney on staff would be more accessible to aldermen and department heads, without incurring hourly costs for services.
"It would be helpful if alders wanted to draft an ordinance and could do so, with vetting with the city attorney, before presenting it to the Common Council and not just an idea," Boyce said.
Committee member Brooke Bauman indicated that the city may have an issue with individual council members asking the city attorney questions that could be answered in other ways.
"Statutorily, it is the duty for the city attorney to serve us (the aldermen)," Boyce said.