Boone County commissioners move to end outside legal contract amid public objections

The Boone County Board of Commissioners voted to end the county's outside legal services contract effective Jan. 31 and discussed hiring an in‑house attorney, drawing more than an hour of public comment urging a slower, more transparent process and warning about the loss of institutional knowledge.

Commissioner Scott said the county is "gonna push forward and make Boone County a better place" and that the board is seeking a change in direction in its legal services. He said an offer is currently out to a candidate and that the county is considering hiring an in‑house counsel on an employee basis rather than continuing the current outside contract.

The move prompted repeated concerns from elected officials and residents who said the process felt rushed. Jennifer (county councilmember) asked whether the proposed in‑house attorney would begin on Feb. 1 and how the position would be paid; Scott replied that a February 1 start was planned and that the position would be paid from the legal services line.

Public commenters, county council members and other elected officials repeatedly urged the commissioners to slow the process, assemble a panel to interview candidates, and preserve continuity. Tom Woods, a local lawyer, said he was “very disappointed” and asked who was being considered. Britt Reese and other commenters warned the meeting violated notice requirements under Indiana’s open‑door law; county staff said the meeting notice was posted and that they would look into advertised publication timing.

Details discussed during public comment and by staff and commissioners included: a proposed salary offer of $175,000 plus county benefits if the hire is an employee; questions about whether continuing legal education, bar dues, malpractice insurance and retirement (PERF) would be covered; and which existing outside legal expenditures (bond counsel, insurance‑assigned defense counsel, specialty contractors) the in‑house hire could replace.

County staff explained the legal services budget line previously shown as $400,000 had been reduced to $380,000; commissioners and council members noted that hiring an employee at $175,000 plus benefits (estimated by staff at roughly 30–40 percent) would shift more than $200,000 of annual cost into payroll and benefits and could leave slightly less for outside counsel and litigation-related expenses than the county currently budgets.

Several commenters, including Sherry Ritchie (county council) and Kevin Van Horn (Boone County Council), urged retention of Bob Clutter, who has been county counsel for about 16 years and who, multiple speakers said, holds institutional knowledge on TIF districts, bond work and grant programs. Clutter told the board he would remain available to assist with a transition if needed. Commissioners repeatedly said they would work through logistical questions with the council if the board decides to convert the role from contractor to employee.

After discussion, a motion was made and seconded to terminate the existing contract with the county's outside legal services firm effective Jan. 31 (with litigation hourly rates treated as an exception so ongoing litigation can continue to be handled). The motion passed and was announced as carried by the commissioners.

The meeting closed with commissioners and commenters reiterating the need to coordinate with the County Council on budget lines and to ensure continuity for ongoing litigation and other matters. County staff said they could continue to pay litigation‑related invoices on an hourly basis from the existing legal services line while a transition plan is finalized.

Ending: The commissioners' decision ends the current outside legal services arrangement at month end while county officials work through whether the next attorney will be a contractor or an employee and what interim arrangements will be used for litigation and specialty work. Several elected officials and residents asked that the county slow the hiring process, convene a panel for interviews, and supply a formal job description and total compensation package to the County Council before any employee hire is finalized.