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5.4. SR 06-14-1999
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5.4. SR 06-14-1999
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<br />. <br /> <br />. <br /> <br />. <br /> <br />TO: CITY COUNCIL <br /> <br />FROM: STEPHANIE KLINZING, MAYOR <br /> <br />RE: CITY ATTORNEY <br /> <br />Due to the changing status of the attorney firm currently retained by the City of Elk River <br />for general counsel, I am interested in the city council taking this opportunity to open a request <br />for proposal process for legal services. I believe that entering into an RFP process would benefit <br />our constituency by insuring the highest level of service, most efficient use of city tax dollars, <br />and greatest public accessibility. <br />I do not have any complaint about the work of Peter Beck, who currently serves the city <br />council as general counsel. During my months on the city council, Peter has proven to be both <br />competent and accessible besides being a very pleasant person with which to work. I would <br />expect Peter to be a leading candidate through the RFP process if he chooses to submit a pro- <br />posal. <br />The major criteria, as I see it, for choosing legal counsel through the RFP process would <br />be experience, cost, availability, and accessibility (not in order of priority). I believe that the city <br />council, with staff assistance, would be able to set up the process and then review the proposals. I <br />don't see any need, at this point, for outside consultant help. The expertise and knowledge of the <br />city's needs is sufficiently available through members ofthe city council and current city staff. If <br />there is a need for consultant assistance identified further into the process, the council could take <br />action at that time. I don't, however, see this happening. <br />The city council spends a great deal of tax money each year on legal counsel. It is our <br />responsibility to insure that those dollars are being used as efficiently as possible. I also feel that <br />local attorneys and attorney firms, especially those practicing in the Elk River, should be given <br />an opportunity to show the city council how they could effectively meet the city's legal needs. <br />We have a number of highly qualified legal professionals in and around Elk River who could do <br />more than an adequate job as our legal counsel. I also believe that any perceived "problems" <br />associated with using a local firm can be addressed through the initial retainment agreement or as <br />the case requires. <br />The RFP process, as I see it, would be for general counsel (civil) services only with <br />payment being made on a retainer based on billable hours (with a yearly review). Then I see the <br />general counselor (the city attorney) making recommendations to the city council on who would <br />handle development legal work and litigation cases as they arise. Either expanding the city <br />attorney's fee to handle this or hiring an outside firm. <br />Also I have heard that the county attorney may be requesting the city to take over pros- <br />ecution of misdemeanors. We need to look into this as soon as possible so that a city prosecutor <br />could also be included in the RFP process. <br />
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