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Council rejects resolution allowing council members to retain separate counsel for depositions
Summary
A proposal to allow council members to retain independent legal counsel for a limited deposition purpose failed in a 3–3 roll call. Proponents cited potential conflicts with corporation counsel; opponents said the charter and corporation counsel’s duties cover representation.
Council considered a resolution to authorize individual council members to retain independent legal counsel for deposition purposes related to ongoing litigation. Councilwoman Brandon (motion maker) argued that divergent positions and filings created a conflict of interest for corporation counsel and that some council members had been subpoenaed for depositions and needed independent representation.
Corporation counsel and other members responded that the city’s counsel represents the city and is available to protect the interests of council members in depositions. Opponents also raised budget concerns about retaining outside counsel and noted the charter’s guidance on council representation. After debate the motion failed in a 3–3 roll call vote.
