How many attorneys will we pay?
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Editor,
The Polson mayor stated on July 15 that the city attorney, J. Raymond, informed her that he had accepted Mike Maddy as a client and was therefore, for some issues facing the city in matters related to Mr. Maddy, in a position where he could not ethically represent the city’s interests.
At the city council meeting on August 5, the mayor and temporary city manager were asked who pays the outside attorney when the city attorney declares he has a conflict of interest and an outside attorney must be retained.
The mayor and manager both agreed that the outside attorney’s fees, in such situations, would be paid by taxpayers with no reduction in the city attorney’s compensation.
This conclusion requires an interesting interpretation of the language in the city attorney’s contract. In paragraph 7 the contract states:
“…in such instance where the conflict cannot be resolved, [city attorney Raymond] shall contract the City’s representation as to such matter to another attorney licensed in Montana.”
To the unenlightened citizen, the language appears to state that the city attorney should contract for his own replacement in the event of a conflict. It does not seem to state the need to contract with another attorney is the responsibility of the taxpayers or the council that represents their interests.
To clarify the meaning of the language in the attorney’s contract, which is understood to have been written by the city attorney, it seems reasonable that an outside attorney should be retained.
But if the council firmly believes that the language is unambiguous and all conflicts result in the taxpayers paying for outside legal representation in the event of conflicts, the current attorney should declare that all issues present a conflict or an appearance of a conflict. Then an outside attorney, hired and paid for by the taxpayers, can assume the current attorney’s responsibilities while he continues to draw his $43,200 annual compensation.
The citizens of Polson can only hope that the mayor and manager reevaluate the statements they made on August 5.
Bob Fulton
Polson
