The Polk County Board of Supervisors approved a resolution to engage Weston Craig PLC as outside counsel.
During public comment, Ray Sears asked about Resolution 33 and the phrase in the text that the county attorney’s office was “unable to defend, due to professional considerations.” Sears asked, “What are the professional considerations that prevent your attorney from representing you?”
A representative of the county attorney’s office responded at the meeting that “professional considerations” is a term used in the comments to the Iowa Rules of Professional Responsibility for Lawyers and is used when disclosing the reasons would violate attorney–client privilege. The county attorney’s office representative said the issue was not a conflict of interest but “something else, which I can't disclose. It would violate the attorney client relationship between the county attorney's office and the board.”
The board moved, seconded and approved the resolution authorizing the terms of engagement with Weston Craig PLC in a roll-call vote: Supervisor Holm: yes; Supervisor Hawkinsmith: yes; Supervisor Connelly: yes; Supervisor Altringer: yes; Supervisor McCoy: yes.
The transcript does not include details of the underlying matter for which outside counsel was engaged; the county attorney’s remarks cited privilege as the reason for nondisclosure.