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Authority told to retain separate counsel if desired; insurance covers board activities
Summary
The authority heard that county legal counsel changed in January and that the development authority has a separate engagement with Gerard and Davis; members were told retaining Gerard and Davis would typically be hourly and that the authority is covered under the county liability policy for actions within scope.
On Nov. 7 the authority was briefed on changes to legal representation and liability coverage.
A speaker said the county changed legal counsel in January and that John McBrieger and his firm will represent the county going forward. The Development Authority has its own, separate engagement letter with the law firm Gerard and Davis and may continue that representation independently. Members were told retaining Gerard and Davis is typically handled on an hourly basis rather than a retainer.
The speaker also confirmed the authority is covered under the county's insurance policy for liability for actions taken within the scope of the authority's duties. If the county and the authority are represented by the same firm in a matter, a conflict letter would be required; the separate engagement letter was cited as a mechanism to address potential conflicts.
No formal decision to change counsel was made during the meeting; members were offered the option to continue or re-engage counsel as needed.
