01-07-82 Council as WholeCOMMITTEE MEETING - January 7, 1982
The Council met as a committee of the whole at the Outlaw Inn at
6:30 A.M. Monday, January 7, 1982. Present were Mayor McDowell,
Councilmen Vidal, Palmer, Saverud, O'Boyle, Ruiz, Zauner, Grainger,
and Nystul, County Attorney Lympus and the Daily Inter Lake and
Missoulian press.
Mayor McDowell asked County Attorney Lympus to give his opinion on
hiring a City Attorney. Mr. Lympus replied that the Council should
consider conflict of interest with a part-time attorney. With real
estate clients, there could be a problem of zoning which would be
one example of a conflict of interest and there could be many more.
If you contract with a law firm, you have increased the possibility
of conflict of interest because you are looking at several attorneys
with private practice. Also, there is constant contact with the
Police Department and an attorney is needed at Council meetings, and
in some cases, at Council Committee Meetings. This involves a lot
of time for an attorney.
Councilman Zauner asked if we should look at one in a specialized
field like labor negotiations. Missoula has 21-2 attorneys, one of
whom is specialized in negotiations.
Councilman Ruiz asked if there was a controversy about full-time or
part-time.
Mayor McDowell stated that he has talked to several attorneys. Some
think they would like their firm to handle City business.
Councilman Nystul stated that Helena has a contract with a law firm.
Great Falls is part-time and a firm on retainer. Billings has a firm
on retainer.
County Attorney Lympus stated that comparable populations could not
be used. Some areas are larger with less legal business than smaller
areas.
Councilman Vidal stated that she preferred one person who is available
at all times.
Councilman Ruiz moved to advertise for a full-time City Attorney with
negotiable salary. Seconded by Councilman Saverud. Applications will
be accepted until January 31st, and the ads will run statewide.
Question called. Motion carried.
Councilman O'Boyle asked what to do about court cases that may come
up this month. Council agreed that in the interim we contract with
an attorney to handle immediate business.
Councilman Palmer stated that he has been offered a position with
D. A. Davidson, Inc. which is so good that he cannot afford to turn
it down. He asked the permission and patience of the Mayor and Council
to be gone three months for intensive training in Great Falls. He
will be home week -ends and Mondays through the cooperation of D. A.
Davidson, which will allow him to attend Council meetings and other
Council business. He offered in return to look at updating our City
code book. All the council members were agreeable with the schedule,
but declined to hold Mr. Palmer to working on the .code book as h�e
will have enough to_,study without working on the code book.
Councilman O'Boyle stated he has, concern for the Mayor's wife
working for the City.
Mayor McDowell stated that he would not enter into a discussion
about his wife.
Councilman Palmer asked if there are problems and if there are,
what are they?
Councilman Ruiz told Mayor McDowell that if.he would not take the
easy way out and ask her to resyign, and she would not do it herself,
then we will handle it as it comes.
Mayor McDowell stated that we should have notified her if we were
going to discuss her and since we did not,.i.t.wouldnot.be_.dis.cussed.
Councilman Grainger stated that ;he did not want..to_discuss it.
Councilman Ruiz stated that we no longer have a.City:_Clerk or a,
Treasurer or Assistant Clerk.
Mayor McDowell stated that he will be appointing Marjorie Giermann
as Clerk -Treasurer and Patricia Tinseth as Assistant Treasurer.
Councilman Ruiz stated that we had better ;look at the Finance
Director.
Councilmali Nystul stated that his committee will be preparing a flow
chart on the Clerk and finance duties. He stated he.concurs with
Councilman Ruiz that the Clerk hasmanytasks without finance.
There being no further business, Mayor McDowell adjourned the meeting.