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Houghton County approves Tri-County public defender contract after debate over indemnity and term
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Summary
The Houghton County Board of Commissioners approved a modified contract with Tri-County Public Defenders Sept. 23, 2025, adding successor language and extending the minimum termination period to one year after debate over an indemnification clause and contract length.
The Houghton County Board of Commissioners voted Sept. 23 to approve a revised contract with Tri-County Public Defenders after attorneys and commissioners disputed the contract’s indemnification language and term.
Commissioner Glenn Anderson moved to approve the contract with two edits — adding “or her successors” to Section 2 and changing the termination language from six months to “1 year or more.” Commissioner Joel Keranen seconded the motion; it passed with four votes in favor (Anderson, Keranen, Chairman Tom Tikkanen and Roy Britz). Commissioner Gretchen Janssen, attending by Microsoft Teams, did not cast a vote.
Why it matters: The contract governs the county’s public defense services, and the board said the edits were intended to provide more predictable accounting and reporting while addressing concerns raised by the Tri-County office.
During public comment, attorney Dave Gemignani told the board he had only just received the county’s proposed contract and said his board had approved a different draft. He asked for a five-year term and said his board wanted the indemnification clause removed or made bilateral. “I just received a copy of the proposed Contract before today’s meeting,” Gemignani said, and he asked to consult with Attorney Roger Zappa before finalizing language.
Ann, who spoke for Gemignani’s office, urged adding successor language and sought access to county financial records. She also said the firm carries malpractice insurance but “cannot get directors insurance,” a limitation that factored into the indemnity discussion.
Commissioner Anderson said the county was following advice from County Attorney Roger Zappa and favored a two-year contract to stabilize finances and reporting in the short term, with the amendment changing the short termination window in response to concerns.
County Administrator Rheault told the board he would make the two required contract edits approved by the board.
The meeting record shows the motion to approve the edited contract carried (YES: Anderson, Keranen, Tikkanen, Britz — 4; NO: None).