Cutler Law Firm emphasizes in‑house municipal bench, bond counsel and collaborative model for Brookings

Cutler Law Firm told the Brookings City Council on Tuesday that it would provide a designated lead attorney to serve as the city’s contracted legal counsel while drawing on in‑house specialists for bond work, employment law, litigation and government relations.

The firm’s presentation, led by partner Nate Shane, described a “point man” approach: Shane said he would be the primary contact for the city and would route matters to colleagues with specific expertise. “I would be the point man and the calls would come to me,” Shane said during the firm’s slide presentation and the council’s question round.

Why it matters: Cutler highlighted specialties the council cited in the RFP, including municipal finance (Shane is registered bond counsel), zoning and land‑use work, HR and employment law, open‑meetings and records compliance, and municipal prosecution and code enforcement. The firm argued that the collaborative model lets Brookings access multiple specialties without employing several full‑time lawyers.

Cutler’s team described typical municipal services: ordinance and resolution drafting, land‑use and annexation agreements, subdivision construction agreements, public‑finance work including SRF and private placements, and routine prosecution of municipal code violations. Litigation and utilities matters would be handled by partners with subject‑matter experience; Meredith Moore said she regularly handles municipal prosecutions and nuisance‑abatement litigation and participates in condemnation and inspection‑warrant work when required.

On administrative and regulatory matters, other Cutler attorneys said the firm regularly works with state agencies and the Administrative Procedures Act and appears before the South Dakota Public Utilities Commission on utility matters. Eric Erickson described government‑relations and legislative monitoring work that the firm provides to municipalities and regional clients.

Councilors asked about conflicts of interest, attendance at council meetings, after‑hours availability and billing. Cutler confirmed it bills hourly (no retainer described in the presentation), revisits rates annually, and typically does not maintain an office in Brookings — a fact the firm said can reduce local conflicts that sometimes arise when an attorney maintains a broad local practice. Shane and Meredith said they would make themselves available for emergency calls and would balance in‑person attendance with virtual appearances depending on the city’s needs.

Public commenters asked both firms about political preemption and intergovernmental conflicts. Cutler’s presenters said the city attorney’s role is to research and advise on applicable law and potential preemption issues, not to make policy choices on behalf of elected officials.

Ending: Councilors will compare Cutler’s proposal with other submissions and the matter will return for a formal selection process at a future council meeting.