Jefferson County approves on‑call special counsel for land‑use at $300/hour; commissioners debate cost and conflicts

Jefferson County commissioners approved an on‑call agreement with attorney David Theriault to serve as special counsel for planning and land‑use matters, with Theriault’s rate set at $300 per hour. Staff described the arrangement as an as‑needed, non‑exclusive contract that the county can use when land‑use and zoning matters arise.

Why it matters: Commissioners questioned the hourly rate compared with other counsel available to the county (one firm cited at $190/hour) and discussed the frequency and potential cost of using outside counsel. Several commissioners said Theriault’s prior representation aligned with the board’s interests in earlier matters and that the higher rate reflected specialized expertise on contentious land‑use cases.

During discussion, staff said the contract contains no minimum workload obligation and that conflicts would be managed: Theriault acknowledged he could not take on matters adverse to prior clients and that the county would avoid assigning him conflicts. Commissioners pressed whether the county could rely on lower‑cost firms for routine matters and reserve Theriault for litigation or complex appeals.

“[The agreement] provides for Mr. Theriault to act on an as‑needed basis… his rates are $300 an hour,” staff said. A commissioner asked, “What is wrong with using NGN at $190 an hour versus $300 for this guy?” Supporters replied that Theriault’s experience in land‑use cases and prior work on matters involving the county justified the selection.

Outcome and next steps: The transcript records a motion (mover: Commissioner Granlund; second: Commissioner Searles) and then a recorded approval of the agreement. The contract is structured as as‑needed special counsel for planning and land‑use matters; staff indicated the board retains discretion to assign or withhold work and would not send matters to Theriault that present an ethical conflict.