BERKELEY, Mich. — The Berkeley City Council voted 5–1 on Dec. 1 to authorize an independent outside legal review of the city manager's determination in an ethics complaint involving the city attorney.

City Manager Van Vlack recommended retaining Greco Law PLLC, saying the firm "brings municipal experience as well as a background conducting independent reviews of ethical complaints" and citing an hourly rate of $165. Van Vlack told the council she could not provide a ballpark total cost because the firm has not yet been retained and the scope of work is unclear.

The move followed public comment from the complaint filer and calls for transparency. "The city's ethics code says no city official can do work that compromises their independence," said Joshua Hunter of Berkeley, who said he submitted the formal complaint on Nov. 1. Hunter asked the council to confirm whether a firm he named in his materials (referred to in the record as RSJA or variants) had been involved in advising the city manager's findings, to publish the complaint, and to have the city attorney recuse herself from the item.

Council member Baker said she supported the limited, outside review in this case. "In this exception case, this is a reasonable and appropriate course to take," she said, adding that an independent review makes sense given the complaint involves both the city attorney and the city manager. Council member Hennen said he would vote against the measure, arguing some complainants "aren't looking to make things better" and that the city should not keep acceding to such demands.

Roll-call voting on the motion to authorize the retainer recorded Gavin Yes; Hennen No; Patterson Yes; Baker Yes; Elrod Yes; Dean Yes. The council authorized the city manager to sign the retainer agreement; the record does not include a timeline for the review or a published scope of work.

Van Vlack told the council that because the final scope and cost are unknown she was not recommending a budget amendment at this time. The council did not provide an on-the-record confirmation in the meeting of whether the firm named in Hunter's materials (RSJA or variants) had advised the city manager's prior findings; that question remained unresolved in the record.

The council's authorization allows Van Vlack to execute the retainer so an independent counsel can begin its review of the city manager's determination.