City counseloroffice budget sets aside funds for two wrongful-conviction matters; staffing shifts noted

Michael Garvin, a representative of the City Counseloroffice, told the Budget and Public Employees Committee on May 20 that the officeincluded contingency money in the FY26 budget for two pending wrongful-conviction claims and that recent departures in the office prompted use of outside counsel.

The matter matters because the claims, if plaintiffs prevail or settlements are reached, will be paid by the city. "There is money in here because there's still 2 wrongful-conviction cases that, just by their nature, they involve a lot of money if the plaintiff prevails," Garvin said during the committee meeting.

Garvin said one plaintiff was incarcerated 28 years and another 11 years; he told committee members the city had argued the state should be responsible because the state controlled the police department at the time, but appellate courts have held the city is responsible. Garvin also said several litigation attorneys left the office in the last 18 months, prompting retention of outside counsel to defend the city in those and other matters.

Committee members asked for specifics about how judgments are being budgeted and how the cityand state will share costs under the new state control arrangement for the police department. Jim Benoist, deputy budget director, explained that some accounting changes were made to show internal-service charges and to segregate police-related costs. Garvin said the new state-control legislation requires the state to contribute up to $2,000,000 annually toward judgments and settlements, but he warned that $2 million likely will not cover the citys full exposure based on past payouts.

Alderman Sonia Browning asked about a change in staffing in the counselorofficenoting the budget shows one paralegal added in place of an attorney-1 position in a narrow unit. Garvin said that request came from the prior city counselor based on operational needs in that unit: "...she determined that they needed more administrative support than lawyer support at that particular unit," he said. Alderwoman Aldona Velasquez pressed on staffing tied to the vacant-building initiative, and Benoist said the budget treatment prorated some hires because the revenue supporting them is not expected until later in the fiscal year.

Committee members asked Garvin whether the counseloroffice needed higher-paid, more experienced litigators to avoid judgments. Garvin said the office does need more experienced attorneys and that experienced lawyers frequently leave for higher pay. "I think if we could adjust the salary structure, we would save literally millions in judgments if we had 3 experienced...trial lawyers," he said.

Committee members did not take a formal vote on the counseloroffice budget during the hearing; they directed follow-up on accounting and hiring-timing questions. Members requested further details from budget staff and the counseloroffice on where judgment payments will be recorded and how vacant-building-related hires will be timed.

Sources: Testimony by Michael Garvin and Jim Benoist at the Budget and Public Employees Committee, May 20, 2025.