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Kaysville staff recommend hiring an assistant city attorney; council debated contracting alternative
Summary
Staff proposed creating a full-time assistant city attorney position to replace a part-time law clerk and contracted services. Presenters said an in-house attorney would improve case ownership, support planning and policing, and could prosecute Class A misdemeanors; cost estimates place the ongoing annual cost near $170,000.
City staff asked the council to approve a new full-time assistant city attorney position and presented arguments and cost estimates for the hire during the budget work session.
The staff rationale emphasized increased case volume and the benefit of having a city attorney devoted to municipal work. City Attorney Nick (present at the meeting) said an in-house attorney would provide greater "ownership in the cases" and allow the city to prosecute some Class A misdemeanors locally rather than sending them to the county attorney’s office. "It would allow us as a city … to prosecute our own class A misdemeanors," Nick said, adding that local prosecution can prioritize the city's specific interests in cases such as stalking or violations of protective orders.
Cost and procurement options Staff presented a salary range for the proposed position of roughly $95,000 to $130,000 and said they anticipated hiring around $115,000. Benefits were estimated at roughly 30–35 percent of salary, which pushed the full ongoing cost of the position to about $170,000 per year. Staff also noted that the city would remove an existing part-time law clerk position; staff presented a first-year net cost estimate of about $135,000 after eliminating the part-time role.
The council and department heads discussed an alternative: contracting prosecution through a county attorney or private contractor. Staff said past contract bids for similar work ranged from about $50,000 to $80,000 annually, but several department heads and the police chief said contractor availability and responsiveness are often limited. A contracting option, participants said, can be cheaper on paper but may not provide day-to-day responsiveness; police and planning staff described frequent need for in-person, timely legal advice.
Department heads and operational impacts Multiple department heads spoke in favor of an in-house attorney, citing faster case resolution, better access for officers and staff and the ability to keep institutional knowledge in the office. The police chief told the council that an in-house attorney makes it easier for officers to reach legal counsel promptly and argued that quick responses can reduce litigation risk and speed resolution of resident complaints.
No formal council vote occurred at the work session; staff requested council direction as they finalize the tentative budget.
Next steps Staff said the position request will be included in the tentative budget for council consideration in May and that department heads will be available to answer follow-up questions. The council asked staff to include the net ongoing and first-year cost estimates and the alternative contracting costs in the packet for the next budget meeting.
No motion or vote on the position was recorded during the work session.
