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Kingsford Heights clerk signals intent to hire outside counsel amid dispute over purchasing authority
Summary
The town clerk submitted a written 'letter of intent' to secure independent legal representation and said a post-workshop gathering by council members constituted an unlawful meeting; the council disputed that characterization and confirmed a policy change restricting vendor authorizations to the clerk, prompting debate over 'essential' purchases.
Kingsford Heights — During the Sept. 22 meeting the town clerk read a formal notice of intent to secure independent legal representation, saying recent interactions with the council and a series of events required counsel to protect the clerk’s statutory duties.
The clerk told the council the issue began when a workshop was held while the clerk was away and later two board members came to town hall to discuss vendor authorization, which the clerk said "constituted an illegal meeting since it involved 2 board members outside of a public meeting." The clerk added she had contacted the State Board of Accounts and an attorney.
Council members countered that the gathering did not constitute a quorum and described the earlier gathering as a workshop at which no final decisions were made. Chair (S2) said the workshop format limited final action, and other members said the vendor-authorization change had been discussed and modified: staff reported a new process requiring purchase orders and a tightening of authorization — described in the meeting as an 'essentials-only' purchasing restriction — to reduce unexpected calls before board meetings.
The exchange covered a range of purchasing examples: a misposted $22,000 order for hydrants that the clerk said was charged to the wrong account, and routine purchases like meter recertification that staff argued should be allowed for compliance reasons even if they exceed informal thresholds. Council and staff agreed to clarify procedures, including purchase-order requirements and thresholds, and the town attorney offered to draft a small-purchasing policy (under $50,000) as a starting point.
The clerk’s notice and the council’s rebuttals were recorded in the meeting minutes; the clerk said she would proceed to retain counsel if necessary. The council indicated it will ask staff and legal counsel to produce clearer written purchasing procedures and to place related agenda items on a future meeting for formal action.
