Council approves $15,000 expansion of City Solicitor role to oversee Duane Morris investigation, 4-3

Allentown City Council on Wednesday approved a resolution expanding the duties and compensation of City Solicitor Montero by $15,000 to serve as council’s primary liaison and oversight contact for the Duane Morris investigation into allegations involving city administration. Council President Hendricks presided over a 4-3 vote to adopt Resolution R27.

The measure authorizes Montero to coordinate with Duane Morris, review bills and deliver weekly updates to council leadership. Councilman Zukul moved to table the resolution until the council received a clearer estimate of total investigation costs and a funding plan; Councilwoman Gerlach seconded the motion. That motion failed on a roll call before council voted to approve the resolution.

Why it matters: Council members argued over transparency and fiscal control. Several members said the city previously agreed that an appropriation would be brought back to council; others said the city solicitor’s existing legal budget (account 44) can temporarily absorb initial costs. Councilmembers expressed concern about the potential total cost of the Duane Morris engagement, which Montero and other staff said could be in the hundreds of thousands, and cited a target figure of about $400,000 discussed in earlier briefings.

During the meeting Councilman Zukul pressed for specifics about whether Duane Morris had already been engaged or billed and whether an RFP process had been followed for prior investigator hires. City Solicitor Montero said no letter of engagement with Duane Morris had been signed as of the meeting and that an hourly rate would be listed in any forthcoming letter; she said she would oversee the engagement, review invoices, and raise any out-of-scope charges for redaction.

Montero described the oversight role as including weekly communications with Duane Morris and delivering status updates to the council president. She told the council that routine investigator briefings would not be billed to council, and that her $15,000 remuneration is separate from Duane Morris’s fees. “An hourly rate will be listed in the letter of engagement,” Montero said, adding that she would act as a watchdog to ensure taxpayer funds are used appropriately.

Opponents argued that council had been told at an earlier meeting an appropriation would be brought forward for the Duane Morris engagement and that removing that step eliminates an opportunity for a discrete vote on total costs. Supporters said authorizing Montero formally to manage the engagement will help control costs and ensure prompt reporting to council.

The final vote on Resolution R27 was: Councilwoman Moda — yes; Councilman Napoli — yes; Councilwoman Santos — no; Councilman Zukul — no; Council President Hendricks — yes; Councilwoman Zaffa — yes; Councilwoman Gerlach — no. The motion to table had been made by Councilman Zukul and seconded by Councilwoman Gerlach and failed on a prior roll-call.

Public commenters addressed the issue during the meeting. Carrie Holmes of the Rising Sun Initiative said she was concerned by the timing and process and called the shift to immediately engaging Duane Morris a “red flag.” Karen Acasio, speaking from the Southside, told council that prior communications with the law firm are on the record and urged caution on costs.

What’s next: Montero said letters of engagement will include hourly rates and that any ordinance to appropriate funds for Duane Morris will be brought forward as needed. She said she will forward weekly updates to the council president and will review Duane Morris billing to remove charges that fall outside the agreed scope.