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Saratoga council splits over hiring and paying outside legal counsel amid TRO
Summary
Councilors clashed for more than two hours over whether to adopt an objective policy for hiring outside counsel, how to pay legal bills and whether to proceed with payments barred in part by a temporary restraining order; the debate touched on cyber‑forensics needs and indemnification for elected officials.
An extended dispute over hiring outside legal counsel and paying legal invoices dominated the Saratoga Springs pre‑agenda meeting, with councilors divided over whether to set a written, objective policy before engaging specialized attorneys.
Commissioner Moran said the council must follow clear rules and questioned informal practices around outside counsel, arguing the city needs an enforceable process: "I just asked him every single step of the way what needs to be done and that's documented in email," Moran said, urging a written scope before approving additional legal work. Mayor Safford defended past practice and said he had followed the city attorney's advice to engage personal outside counsel when needed. He warned of consequences if departments lack legal support: "I will literally just shut down the department because we're not getting satisfactory coverage," he said, describing the workload on his staff.
The council also debated payment of a specific outside law firm invoice. City counsel and staff told the council that a temporary restraining order (TRO) from Judge Freestone bars payment to certain firms but does not appear to apply to all invoices; counsel said he saw "no court order that prevents us" from paying the Schreiber invoice and noted a judge could be asked for clarification. Commissioners said they needed more detail—scopes of work, budget estimates and whether a proposed RFP covered all departments—before approving a general legal services contract.
Several councilors emphasized the technical nature of the work (for example, cyber‑forensics tied to an internal investigation) and said specialized expertise could justify higher fees. Others said the city spends substantial sums on outside counsel and insisted on consistent policy controls. The council agreed to continue the issue at the next meeting and to have staff circulate a proposed scope of work and policy language in advance.
