Lake Placid council accepts town attorney’s resignation, appoints local firm interim amid Sunshine Law dispute
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Summary
After a heated public debate and extended questions about the selection process, the Lake Placid Town Council voted to accept longtime town attorney Bert Harris’s resignation and appointed Michael Durham (Clifford R. Rhodes firm) as interim counsel. The move followed competing candidate presentations and disagreement over the RFP process.
Mayor Mia Holbrook told the council the town needs to move on and asked members to vote to accept Bert Harris’s resignation and retirement effective immediately. "He resigned and retired," Holbrook said, framing the choice as necessary for continuity and future representation.
Councilwoman Deborah Worley moved to relieve Harris of his duties effective immediately and to authorize staff to work with interim legal counsel for proper succession. Worley argued that ongoing allegations about Sunshine Law violations and related litigation risk required a fresh legal team.
Opponents on the dais and several residents urged caution. "Why are we getting rid of an attorney that we have when we haven't selected a replacement?" asked a resident during public comment, reflecting concerns about process and continuity. Multiple speakers in the audience — including past clients and longtime residents — praised Harris’s decades of service and said the council should have handled a transition differently.
Two firms addressed the council during the public hearing and candidate presentations. A representative from the Sabatini firm described the practice’s municipal experience and said the firm carries a $2 million liability policy. Cliff Rhodes and associates presented an alternative, proposing Michael Durham (of counsel) as a local interim option.
Council members debated whether the RFP process had been followed, pointing to inconsistent language in the solicitation (one section listing a 10‑year experience requirement and another 5 years) and to differing legal opinions about whether staff or council had violated the Sunshine Law. "We had to put six attorneys on it to get legal advice that showed they did nothing wrong," the mayor said in defense of staff procedures; other council members said lingering accusations had created a toxic work environment and risked staff morale.
After extended discussion the council took formal action. The motion to relieve Bert Harris of his duties and to authorize staff to secure interim legal counsel passed on a roll call (council recorded votes: Council member Worley — yes; Council member Eberhardt — yes; Council member Hayes — no; Council member Charles — no; Mayor Mia Holbrook — yes). The council subsequently moved to appoint Michael Durham/the Clifford R. Rhodes firm to serve in an interim capacity; that motion passed by majority vote.
The council directed staff to return with formal engagement documents and said an additional short meeting would be held Monday, Feb. 16, to continue transition steps. The mayor said the town will ensure representation is in place for ongoing litigation and routine matters.
What happens next: staff will present recommended interim engagement terms and, if needed, a process for selecting permanent counsel. The council also discussed options to reissue or re-evaluate the RFP language so future procurements are clearer.