Committee mulls new source for city attorney

Deirdre Newman

A committee charged with finding an outside law firm to be considered

as an alternative to the city attorney’s office is trying to

fast-track its recommendation so the City Council can decide before

the November election.

The council voted in February to invite proposals from outside

legal firms to have a basis of comparison when deciding on keeping

counsel in house or farming it out.

Mayor Gary Monahan, a member of the committee, said he believes

the council would like to make a decision on whether to stay with the

current city attorney’s office or use an outside firm before the

election in November.

“I think it’s very important to have it done ASAP with so much

indecision going on with the city attorney’s office,” Monahan said.

“We need to get it done, and I think that’s why we have such an

aggressive schedule, for the benefit of everyone involved.”

But former Mayor Sandra Genis called this tactic “a lame-duck

end-run” with a major election coming up so quickly.

“I think it’s a better idea to wait, especially since the election

is so close,” Genis said. “If [it were] a year off, this would be

legitimate.”

The committee comprises Monahan, Councilwoman Libby Cowan and

seven other city officials and city employees.

At this point, the committee has narrowed the selection down from

10 firms to six and would like to pare it down to three for

interviews, Monahan said. After the interviews, the committee will

probably select one firm to recommend to the council as a potential

alternative to the city attorney’s office. The committee hopes to do

this by August.

That firm would be the most qualified, not necessarily the least

expensive, Monahan emphasized. Once the committee is at the interview

stage, the other three council members will have an opportunity to

talk to attorneys to get a deeper sense of what they could

contribute, Monahan said.

At its meeting Thursday, the committee will decide who among them

will conduct the interviews, Monahan said.

Since the committee formed, acting City Atty. Tom Wood has

withdrawn from the committee, citing a conflict of interest because

two of the firms have offered to take various members of the city

attorney’s office on board if they are selected.

In its proposal, Jones & Mayer, which used to employ Deputy City

Atty. Marianne Milligan, said it is interested in hiring Milligan and

paralegal Marilyn Robinson. In another proposal, Best, Best &

Krieger, said it can take on any members of the city attorney’s

office that want to join its firm, Wood said.

Since these two proposals could be advantageous to some members of

the city attorney’s office, Wood said he felt it would be best to

withdraw from the committee.

An independent review of the city attorney’s office in December

suggested keeping the job in-house and giving the city manager

oversight of the office. A supplemental report by Wood, also issued

in December, arrived at the same conclusion: Costa Mesa should keep

its legal services in-house.

The council’s exploration of outside firms is part of the effort

to fill the city attorney position that has been vacant since former

City Atty. Jerry Scheer’s contentious departure. After Scheer sued

the city and a protracted legal fight ensued, both parties reached a

$750,000 agreement in October that prompted Scheer’s retirement.