Three ordinances will go before the Rogers City Council tonight that would redefine the city and staff attorney positions, if approved, officials said.
An Internal Affairs Committee created the ordinances, which limit the city attorney's duties and give more power to the city's staff attorney position. The committee was made up of three council members.
Rogers City Council meeting
Rogers City Council will meet at 6:30 p.m. tonight at City Hall, 301 W. Chestnut St.
The city attorney position has been vacant since January when Ben Lipscomb resigned after receiving a $390,000 settlement payment. The payment ended a federal complaint he filed against the city in November.
Mayor Greg Hines said at the time he would like to review the city attorney position. He said he wanted a majority of the city's legal duties completed by a staff attorney hired by the mayor. The city attorney position is elected.
The city attorney position in Rogers previously oversaw or delegated all legal matters involving the city. This included prosecution in district courts, drafting of ordinances and resolutions and advising city officials on legal matters.
The City Council created a staff attorney position last year and a majority of Lipscomb's duties were given to that position. Lipscomb filed a federal complaint saying his rights were violated by the council's decision. Three council members signed statements saying Lipscomb recommended the changes.
Justin Eichmann, an attorney hired by the city, said the three ordinances going before the council tonight better define the city's code on the city and staff attorney roles. The first ordinance sets the duties for the part-time city attorney.
"The city attorney shall attend all regular and special city council meetings and advise the city council, or a committee or member thereof, on legal questions about the city council," the ordinance states.
Reviewing agendas and related documents is another duty listed in the ordinance. Other duties could be coordinated or assigned by the City Council and other city officials, the ordinance states.
"What they ultimately want them to do is to advise the council," Eichmann said. "They want to start with that and see how it goes. Obviously, Rogers is growing and the legal issues with projects are growing so there is some opportunity there once the city attorney gets on board to look at these duties."
The second ordinance defines pay for the city attorney position, Eichmann said.
A city attorney in Rogers would make $12,000 annually or $1,000 per month, if the ordinance is approved, Eichmann said.
The ordinance amends the city attorney's salary under the 2015 budget from $123,187 to $12,000. It also appropriates $5,000 to pay the salary of a city attorney for the remainder of the year.
Eichmann said the third ordinance amends the duties of the staff attorney position. The new ordinance defines the position as a department head, he said. It also renames the full-time position to "senior staff attorney."
The senior staff attorney will "act as legal advisor to all city officials, boards, commissions, departments and agencies," according to the ordinance.
The salary for the staff attorney is not included in the ordinances.
Hines said he thinks the proposed ordinances could be good for the city.
"I think it is the best of both worlds," Hines said. "I certainly don't think that because of the somewhat limited duties that the city attorney will be limited in their capacity to participate and weigh their thoughts on a number of issues."
Bentonville has used a part-time city attorney since 2000. The attorney in the position receives $1,200 a month, according to city ordinance. Duties outlined in the ordinance include ensuring meetings are done in a legal manner and ordinances and resolutions are drafted correctly.
Eichmann said that further discussion will be needed to decide how to appoint someone to the city attorney role if the ordinances are approved. The city attorney position would be up for re-election in 2016 and then again in 2018 when it would become a four-year term, Eichmann previously said.
NW News on 06/23/2015