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Council discusses changing $144/hour attorney‑reimbursement cap in employee handbook
Summary
Council members and the town attorney debated whether to replace a fixed $144/hour cap on attorney reimbursement with a locally prevailing rate or a capped amount going forward; staff said most municipalities are moving away from fee reimbursement and any change would not be retroactive.
The town's employee handbook currently caps attorney reimbursement for successful grievance claims at $144 per hour, a figure several members said is long outdated. The mayor proposed revising the handbook language to allow reimbursement up to the locally prevailing rate for legal services so exonerated employees could be made whole.
Council members and the town attorney discussed liability, fiscal exposure and whether the council should be acting on an administrative HR matter. The town attorney noted the decision is discretionary: some jurisdictions provide fee shifting or prevailing‑party provisions while others do not, and changes could be applied prospectively to avoid appearing to benefit any pending claim.
Staff noted a trend among municipalities toward administrative hearing officers and away from attorney‑fee reimbursements. Several council members asked for a staff report on best practices, possible caps and the budgetary implications before any legislative action; the mayor said he would bring a revised proposal back to council if he concluded council responsibilities required it.
