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Josephine MDD board limits standing legal counsel, agrees to review Attorney Overcash's qualifications
Summary
The Josephine Municipal Development District board heard that Texas law limits MDD-funded attorneys to project-related work, and it voted to review existing qualifications (including Attorney Overcash) and pursue additional requests for qualifications only if needed.
Kevin McKenna, chair of the Josephine Municipal Development District board, opened a July 20 discussion on legal representation by telling directors that state law prevents the district from hiring an attorney for broad, meeting-by-meeting counsel. "We cannot hire for purposes of general umbrella coverage from an attorney. We can't do that," McKenna said, explaining attorneys paid with MDD tax money must be tied to specific projects.
The board heard from Miguel, a city planning staffer advising the MDD, who said the district should nonetheless have access to counsel. "I would still advise that you have one," Miguel said, recommending the board establish a process to engage legal services and negotiate rates ahead of project needs.
The discussion noted that the city attorney represents the city only and that using the same city attorney for the MDD could create conflicts. Directors acknowledged the MDD lacks an interim expense budget until Oct. 1 and that attorney billing tied to projects is the ordinary approach; the chair said the city did not leave an interim operational allocation when the MDD was created.
Pam Sardo moved that the board receive and review the qualifications submitted previously (including Attorney Overcash) and to issue additional requests for qualifications only if the board is not satisfied with the existing candidates; Kevin McKenna seconded and the motion passed. Staff agreed to circulate the candidate materials to the full board for review.
The board did not adopt a standing legal retainer. Instead, directors directed staff to gather engagement letters and candidate qualifications so the district can contract for project‑specific legal services when needed. The board also asked Miguel and staff to document legal concerns in writing for the record and to present any written legal issues to the president and selected board staff for follow-up.
Next steps: staff will share the candidate materials and a proposed process for engaging project-specific counsel; the board will revisit the matter as projects arise.
