Lake City council authorizes mayor to negotiate in‑house city attorney contract after public concern over charter and conflicts

The Lake City Council on April 21 voted to authorize the mayor to proceed with negotiations under parameters set forth in a draft contract to create an in‑house city attorney position. The vote followed a lengthy discussion and public comment raising questions about charter authority, process transparency and potential conflicts of interest.

City Manager Don Rosenthal presented a contract framework and said the intent was to shift from purchasing outside counsel hours to a full‑time in‑house attorney (2,080 hours annually) and a legal assistant, arguing the city would receive more legal time for a comparable cost. He said the document in the council packet contained salary and benefits parameters and asked that the mayor be authorized to negotiate with candidates under those terms.

Public comment raised concerns about whether the city charter permits the change and about preserving council authority to hire its legal counsel. A member of the public, identified in the record as Mr. Loker, told the council the proposal “appeared to give the manager control over an office that the charter assigns to council,” and urged the council to examine the charter before proceeding. Several other residents and council members asked for an open, competitive process for the recruitment.

Council discussion and action: Council clarified the motion would not bind the city to a named individual; rather it would authorize the mayor to negotiate with a candidate using the contract parameters as a basis and then bring any final proposed hire back to council for approval. Council also acknowledged the potential conflict if the current outside city attorney were to be the candidate: Robert Martin, the city’s existing contract attorney, advised he would have a conflict if he were a candidate and recommended the council retain independent counsel for negotiation advice in that circumstance. The city clerk and the city attorney’s office confirmed that legal services are exempt from the standard procurement process, though council can elect to advertise and conduct a public recruitment if it desires.

The council voted 5‑0 to authorize the mayor to proceed with negotiations based on the contract parameters presented in the packet. Council members said they expected the city manager and clerk to pursue any necessary outside counsel to advise the council if the selected candidate presented a conflict for existing counsel.

Why it matters: The shift from a purchased contract attorney to a municipal employee changes reporting lines, work availability and potential payroll/benefit costs. At the hearing residents and at least one council member asked the city to confirm the steps are consistent with the city charter and to maintain transparency in the recruitment process.

Next steps: Staff said it would follow the authorized process, seek outside counsel for negotiation advice if necessary, and return to the council with any proposed candidate and the executed contract for final approval.