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Magna council instructs staff to begin negotiations with proposed municipal law firm
Summary
Council heard a presentation by Smith Harvickson partner Nathan Bracken on municipal legal services and voted to instruct staff to start negotiations with his firm; discussion noted the firm's existing work for nearby public entities and a proposed conflict-counsel arrangement.
Nathan Bracken, a partner at the local government law firm introduced as Smith Harvickson, presented his firm’s municipal legal team to the council on Jan. 26 and answered questions about conflicts of interest and proposed conflict counsel.
Bracken said the firm typically assigns a lead city attorney and a deputy attorney, and he proposed Claire Gilmore as deputy counsel and Jay Springer (recently of the firm) as conflict counsel if needed. He noted the firm already provides land-use services to the Greater Salt Lake Municipal Services District and represents several Westside entities.
Councilmembers asked what would happen if Magna’s interests ever diverged from the MSD, and Bracken replied that Jay Springer would be engaged as conflict counsel under a separate agreement to avoid representation conflicts. Bracken said that rates for conflict counsel would be consistent with the firm’s proposal.
After the presentation, a council member moved and another seconded to instruct the mayor/city attorney to begin negotiations with Bracken’s team toward a city attorney contract; the motion carried on a voice vote with the council recording all in favor.
City staff said formal contract terms and a contract vote would return to a future agenda and that the firm would be invited to participate in the closed session portion of the meeting where appropriate for negotiations.
