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Commissioners and council staff discuss whether county council needs a separate attorney; staff to present options to council
Summary
Commissioners heard a request from council staff about whether the county council should retain its own attorney separate from the commissioner's attorney. Staff reported the current engagement letter references representation of the commissioners and said an RFP could be considered; no final decision was made.
A county council concern about legal representation was raised on May 19 after staff reviewed the existing engagement letter between the county and its attorney. Ron (county staff) said he was asked to investigate whether the county council should have its own attorney rather than relying on the attorney who represents the commissioners.
"The MOU between Holly and you folks... states commissioners. It does not say a county attorney," Ron said, summarizing the engagement document. He said the 2024 letter of engagement describes representation of the commissioners at their meetings and that he had asked other counties how they handle council and commissioner legal representation.
Ron told commissioners he asked Holly for an RFP and said that, if the council wants a separate attorney, that would require issuing RFPs and budgeting for the expense. He said any new attorney arrangement would need to be put in the county budget for a January 1 start date.
Commissioners discussed the pros and cons. Several said a single county attorney for both bodies promotes consistency, but they also recognized council members might request separate counsel. The board asked Ron to present his findings to the county council at its meeting so the council could decide whether to request an RFP or continue the present arrangement.
No formal action was taken at the commissioners' meeting; staff will follow up with further clarification and, if requested by the council, prepare procurement steps.
