LOWELL — It wasn’t unanimous but aldermen approved a settlement agreement Friday with the suspended city attorney ending a six-month situation.
Aldermen voted 7-1 to approve a $60,984 settlement with Vaughn-Michael Cordes, the elected city attorney, who was suspended last year.
Alderman Kendell Stucki cast the only negative vote.
“The settlement is the right thing to do for the city,” Stucki said. “I just don’t like it. I just don’t think it’s right to pay somebody for a job they weren’t doing.”
Stucki wasn’t the only alderman concerned about the settlement.
There was a lengthy discussion during the 40-minute special council session as aldermen asked what would happen if they didn’t agree to the settlement.
Alderman Keith Williams questioned whether the city should take the issue to court.
“Are we opening up the door of paying people who resign?” Williams asked.
Tom Kieklak, acting city attorney, assured Williams this was an unusual circumstance and not the normal situation.
“We are going to pay one way or the other. This settlement is less costly to Lowell citizens. It’s not pretty, but it has to be done.”
Lowell Alderman Dean Bitner
Several aldermen wondered how much it would cost to take the issue to court.
Kieklak explained it could be far more costly to bring the matter to Van Stone, Benton County prosecutor, to file a case against Cordes.
“You have to remember Benton County tried to remove County Judge Dave Bisbee from office. The county lost the case and had to pay Bisbee’s attorney $100,000 in legal fees,” Kieklak said.
Kieklak also explained it would be difficult to reduce the amount of the settlement because the settlement is based on the salary the city offered to Cordes.
“You can’t reduce the salary after you have offered it unless the employee agrees to the reduction,” Kieklak said noting Cordes isn’t likely to agree to a reduction.
The money for the city attorney’s salary was approved as part of the 2013 budget, so there is no additional cash outlay, said Jerry Hudlow, Lowell chief financial officer.
Cordes was paid $30,705 during the six months he was suspended, Hudlow added.
Alderman Dean Bitner said the aldermen should just agree to the settlement.
“We are going to pay one way or the other. This settlement is less costly to Lowell citizens. It’s not pretty, but it has to be done, “Bitner said.
Williams agreed saying it might take a year or more to settle the issue in court.
Cordes will receive two settlement checks. A $30,984 check will be paid to Cordes and his attorney’s law firm, Reece Moore, Pendergraf in seven days.
A second check, $30,492, will be paid to Cordes no later than June 1, according to the settlement.
The six-page settlement absolved the city and Cordes from any wrongdoing and prevents either party from suing the other.
It also states neither party will make any comments that disparages or harms the reputation of the other party.
Cordes agreed to resign if aldermen approved the settlement effective Thursday.
Cordes was elected in 2010 to serve a four-year term as the city attorney. He took office Jan. 1, 2011.
Cordes moved to a summer home last year raising the speculation he no longer lived in Lowell and as such couldn’t continue as city attorney.
The issue came to head in August 2012 when aldermen suspended Cordes with pay while they sought a state Attorney General’s opinion.
The opinion was received in December but didn’t provide aldermen with any solutions they felt were viable.
Cordes said he split his time between the summer home in Benton County and his residence in Lowell, where he was registered to vote and had done nothing wrong.