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Jefferson County supervisors amend outside-counsel contract, add $5,000 fee cap
Summary
The Jefferson County Board of Supervisors approved an amended contract with outside counsel to advise the sheriff's office in an administrative investigation, adding an explicit $5,000 cap on fees and authorizing the chair to sign while scheduling a follow-up meeting with the attorney to clarify remaining language.
The Jefferson County Board of Supervisors voted Sept. 24 to approve an amended engagement with outside counsel to provide limited legal services to the sheriff's office, adding an explicit $5,000 cap on all fees and services and authorizing the board chair to sign the revised agreement.
Board members debated language in a paragraph on page 2 that would require the firm to consult with or copy the county attorney before representing the client in any filings, hearings or proceedings. One board member said the county attorney has statutory duties that must not be relieved by the contract; another argued the paragraph would only ensure the county attorney is informed. "We are the client," one member read from the draft agreement, emphasizing that the county must retain access to investigatory materials if litigation follows.
Members discussed the intended scope of the engagement, which the contract limits to "pre-suit activities" and not to litigation or appeals. The board also confirmed that an outside investigator, Workforce Solutions, had been retained separately for $3,500 to conduct the administrative investigation. Several members noted that attorney billing is described in the draft as $250 per hour for an attorney and $90 per hour for paralegal work, and that the motion before the board was to cap total firm charges at $5,000.
After back-and-forth about whether the second paragraph on page 2 would improperly "box out" the county attorney's office, a supervisor moved to remove that paragraph and to explicitly make the $5,000 cap apply to all fees and services. The presiding member proposed an amendment to the motion to approve the contract as amended, authorize the chair to sign, and to meet with the outside attorney to discuss paragraph 2 if the attorney raised concerns. That motion was adopted by voice vote; members responded "aye" when asked.
Board members said the agreement as amended preserves the county's ability to obtain investigatory materials and to involve ICAP or the county attorney's office later if litigation becomes likely. The board also asked that the county attorney's office and HR staff be kept informed of relevant developments. The board agreed to schedule a meeting with the outside counsel, who had said in email he might be out of the office through Sept. 26, to resolve any remaining wording concerns.
The meeting adjourned after the vote.
