Pasco council approves budget to add three in‑house city attorney positions after contentious debate

PASCO, Wash. — The Pasco City Council voted 4–3 on Feb. 18 to amend the 2025–26 budget and allocate funding to create three full‑time positions in a new in‑house city attorney’s office.

Deputy City Manager (name on file with city), speaking for staff, told the council the change would cost about $800,000 per year and include transition expenses for recruitment, furniture and overlapping contract costs during handover. "The money is eye‑popping," the deputy city manager said, "however, as you all know, attorneys are expensive."

The ordinance implements the first formal step in a move away from long‑term retained contract counsel. Kerr Ferguson Law — which gave written notice in November 2024 that it intended to terminate the contract — currently provides the city’s legal services under a professional services agreement. Council members and staff said creating an in‑house office could give the city more direct control over legal staffing and continuity.

Nut graf: The decision matters because it changes how Pasco will obtain and pay for legal advice on land use, contracts and litigation. Council supporters said an in‑house team will improve responsiveness and institutional knowledge; opponents warned of the cost and argued the hiring decision should wait until a permanent city manager is selected.

City Manager (Interim) Dave Zabel, who has returned to the interim post, urged caution about timing. Zabel said a city manager typically selects department heads and recommended the council consider letting the incoming permanent city manager participate in choosing the city attorney and lead the transition. Council members who voted for the ordinance said they viewed the vote as a budgetary step to reserve funding and did not require immediate hiring.

Long‑time contract counsel Kerr Ferguson addressed the council and offered three transition options: end the firm’s contract May 31, 2025; continue under a short contract at a new rate; or rescind the November termination and extend service through the contract’s current expiration in September 2026. "Those are the 3 things that we felt we could do," Ferguson told the council.

After the ordinance passed, councilmembers and the firm discussed next steps for covering the gap between the contract termination and any future hiring. Councilmembers asked staff to schedule a special meeting to decide whether to accept a rescission, pursue an interim contract arrangement, or extend the existing contract to ensure continuity of legal services while recruitment proceeds.

Ending: With the budget amendment adopted, staff said they will return with scheduling options and recommended interim coverage plans. The city manager’s office will coordinate next steps for recruitment and, if the council desires, a timeline for posting and filling the new positions.