Council reviews city attorney and city prosecutor RFPs; debates who may contact retained counsel

The council reviewed draft requests for proposals (RFPs) for the city attorney and city prosecutor on July 8 and discussed contract language governing who may initiate contact with the retained city attorney.

Staff presented the RFPs and a standard contract with a five-year term (one year plus four one-year renewals). Several councilors and the city attorney raised concerns about a contract clause stating the attorney provides legal advice to the mayor or to individual council members only "as directed by the city administrator or mayor." Some councilors argued that, because the city attorney is retained by the council, councilors should have a clear mechanism to consult the attorney on matters that affect them or may present conflicts.

City Attorney Bob explained the practicalities of billing and said virtual appearances and reduced travel lowered billed hours: “When we aren't charging for travel, that is the savings of at least an hour of the billing time.” He also recommended handling any change to who may contact counsel as a council policy rather than contract language. The council generally agreed staff should remove the contested sentence from the draft contract and return with a separate policy proposal that would specify when and how an individual councilor might request legal consultation and how billing would be managed.

Staff will update the RFP contract language to remove the sentence in question and will prepare a proposed council policy describing permitted individual access to the city attorney and associated cost controls for council consideration at a future meeting.