City Attorney Solution In The Making

Possible Settlement Discussed

A solution to the controversy surrounding the Lowell city attorney may be in the making, city officials said Friday.

“Tom Kieklak and I met with Van Stone, prosecuting attorney, last week,” said Eldon Long, Lowell mayor. “We spent about an hour discussing the situation. We are trying to work out a settlement with Vaughn-Michael Cordes in regards to his service as the elected Lowell city attorney.”

“We have been in touch with Cordes’ attorney, Tim Hutchinson, regarding a possible settlement,” Long said.

Cordes was suspended with pay by aldermen in August. The suspension was the result of Cordes having a second home outside the city, officials said. There were complaints from residents and city officials regarding whether Cordes lived in Lowell, a requirement for serving as the elected city attorney, according to state law.

Cordes said although he lives at what he calls his “summer” home part-time, he maintains a home within Lowell where he is registered to vote.

At A Glance

City Attorney Situation

Vaughn-Michael Cordes, the elected Lowell city attorney, was suspended with pay more than five months ago.

• He has continued to receive his monthly salary based on his annual salary of $75,923, which includes benefits.

• The city paid Tom Kieklak’s firm $67,688 in 2012 for legal fees.

• The city, which has a population 7,536 according to the 2010 Census, paid $143,620 in legal fees last year.

Source: Staff Report

Aldermen appointed Tom Kieklak as the interim city attorney after suspending Cordes.

Hutchinson said Friday there has been preliminary discussion on a possible settlement.

“I am waiting on response from the city of Lowell,” Hutchinson said.

Stone said he told Long and Kieklak there is little he can do.

“It’s not my job, and I will not advise city officials on such a matter,” Stone said. “The only thing I said I would do is determine whether or not I would file a petition of quo warranto, which allows the state to inquire if an officeholder is authorized to hold that office.

“City officials don’t have to wait on me to make a decision. There may be other remedies available.”

He wouldn’t comment on what those remedies are, explaining he didn’t want to make an “advisory statement.”

Since August, Lowell has been paying Cordes his $75,923 annual salary, which includes benefits. Kieklak’s firm has been paid $67,688 for legal fees, according to Jerry Hudlow, chief financial officer for the city.

Kieklak said part of the fees his firm received was the result of work done on the Park Central lawsuit.

“That was a lawsuit begun under previous Mayor Perry Long over stormwater drainage at Park Central development on U.S. 71B. My firm was asked to continue on the case,” Kieklak said.

The city won the case and was awarded $400,000.

After a discussion last year with Cordes and Hutchinson, officials requested an Attorney General’s opinion on the city’s options in dealing with the situation.

The opinion was received in December but didn’t resolve the issue.

“The statutes are complicated,” Kieklak told aldermen.

To remove an individual from office, it must be proven he or she has moved out of town and has no intention of returning, Kieklak said.

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