Commissioners debate paying outside counsel after cap confusion in appointment

Commissioners in Trumbull County spent a large portion of their workshop discussing whether to pay outside counsel for work that may have exceeded a $10,000 cap previously understood by the board.

Several commissioners said an earlier agenda item set a $10,000 cap for the appointment of Bill Evans (outside counsel), but county legal staff pointed to a later resolution that appointed counsel without a cap. Assistant Prosecutor Phil Danzo advised the board that the later resolution did not include a monetary cap and noted that the appointment gave counsel the ability to conduct investigations and provide legal advice with attorney-client privilege intact.

"I just want to point out to you guys that you also did pass a resolution ... and there was no cap set forth in that agenda item," Danzo said, urging the board to consider the legal nuance before refusing payment.

Commissioners discussed options: table the item to review the contract and the signed documents, call Evans directly to discuss billing, or settle the claim to avoid protracted dispute or possible lawsuit. One commissioner said paying the invoice and changing procedures going forward might be the practical route.

The discussion included the following practical concerns: whether a written contract explicitly limited fees, whether the attorney treated the earlier figure as a retainer or a not-to-exceed cap, and the risk that refusing payment could prompt litigation for documented time. Board members agreed they should be more explicit about caps in future contracts and may ask staff to bring the signed paperwork back for review before a final decision.

Next procedural step: commissioners left the item on the agenda for further review and suggested individual commissioners could contact Evans before the next meeting. No formal vote on payment was recorded during the workshop.