Rogers to discuss city attorney position

ROGERS -- The City Council is set to hear how to fill the vacant city attorney position during its meeting tonight.

Ben Lipscomb resigned from the position in January after receiving a $390,000 settlement payment ending a federal complaint he filed against the city in November. The seat has remained vacant since.

The duties of the elected position could be changed, Mayor Greg Hines said Monday. This will be a decision the City Council will need to make, he said. The meeting will be 6:30 p.m. at City Hall, 301 W. Chestnut.

Justin Eichmann, an attorney contracted by the city, said historically the city attorney position has been full time in Rogers. The attorney has handled or delegated all legal duties, including prosecution in the district courts along with drafting ordinances and resolutions for the city, he said. The city attorney also has advised city officials on conducting meetings and legal matters.

State statute doesn't require the city attorney position to be full time, Eichmann said. It also doesn't define the duties of a city attorney, he said.

"I think it is fairly flexible for what they can do," Eichmann said. "There are a variety of ways the duties can be set up and compensated."

Eichmann said it's possible for the city to make the position part time with limited duties. Other duties could be handled by a staff attorney hired by the city. A contracted law firm could also handle additional duties.

Hines has said he wants to have a staff attorney that reports to him, as is the case now. Some of the city attorney's duties were transferred to the staff attorney while Lipscomb was still in office.

"Ultimately the decision is that of the City Council's," Hines said. "I strongly believe that if I am going to be held responsible for the legal advice that I take, I think I should have some say on who is providing the advice."

The city can decide to continue with a full-time city attorney, Hines said.

Lipscomb received $148,257 with salary and benefits to work as a full-time city attorney. He was scheduled to receive a raise to $159,619. A part-time city attorney would receive a reduced salary or stipend, Hines said.

Bentonville has been using a part-time city attorney since 2000. 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.

George Spence, Bentonville city attorney, said his duties have extended past what is outlined in the ordinance.

"For example, there have been occasions over the years where a City Council member has come to me about an issue that isn't specifically within my parameters," Spence said. "I have counseled with them about whatever."

Bentonville pays a full-time attorney hired by the city, Spence said. He said he has worked with the full-time attorney to form a relationship where the two work together.

Spence said he was appointed in 2000 after his predecessor resigned. A part-time city attorney position can be beneficial for cities, Spence said.

"It is not the financial reward that are the best things about this position," Spence said. "It is the intangible rewards of being able to serve people in this role."

Kit Williams, Fayetteville city attorney and state chairman of the International Municipal Lawyers Association, has held his full-time position since 2001.

"Since I am directly elected by the citizens, I feel like I am responsible to them," Williams said. "I am not responsible to the mayor or the City Council."

Cities can find themselves in trouble because of hired attorneys as well as full-time elected attorneys, Williams said. He used the example of Fayetteville being sued after buying revenue bonds for a $22 million incinerator project it failed to build. The legal matter spanned decades.

The Fayetteville city attorney named in the lawsuit wasn't an elected attorney but a hired one, Williams said.

"No matter what form that you have, there can be problems and so much just depends on who is acting as city attorney," Williams said. "There is no form that is fool proof. I just like to trust the citizens to have a good idea of whether they are being properly served or not."

Eichmann said Rogers doesn't have any ordinance defining the duties of its city attorney position. He said it's possible the City Council could decide to draft one as it moves forward with the discussion.

NW News on 05/12/2015

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