Winlock city attorney Erin Hillier addresses Winlock City Council’s decision to terminate the city’s contract for legal counsel with law firm Hillier, Sheibmeir & Kelly, P.S. and all attorney’s asociated with the firm Tuesday afternoon in Winlock.
Winlock City Council holds a special meeting Tuesday afternoon in Winlock. The mayor did not attend and only three of the five council members were present.
Winlock City Council voted to terminate its contract with the city’s legal counsel, despite the city attorney’s claims that the council doesn’t hold that authority.
“Thank you and we appreciate the service to the City of Winlock over the years,” said Anne Randt, Winlock City Council member and mayor pro tempore. “We want to start fresh.”
At a special meeting at 1 p.m. on Tuesday afternoon — the council’s second special meeting in the last week — only three out of five city council members were present. Winlock Mayor Don Bradshaw was not present.
Former city attorney Erin Hillier argued that a Winlock City ordinance only gave the city’s mayor the authority to “hire and fire,” while city council had only the authority for “approval for hire.”
However, the ordinance Hillier referenced — Ordinance No. 984 — uses the term “personnel” and does not mention contracts. According to Ordinance No. 984, “From and after the effective date of this ordinance, the City Mayor shall have the authority to terminate personnel.”
“I’m not here to speak for my job, but we do have a contract with our firm,” Hillier said. “We have served Winlock since the ‘50s. … Your Winlock ordinance 984 gives the mayor the authority to hire and fire, with council providing only approval for hire, so not being involved in termination. Even if you have the authority to terminate our contract … we have a mutual requirement under our contract to give 90 days written notice. So it has to be in writing. Written notice, 90 days, to our firm — if you have the authority to terminate our (legal) counsel.”
According to the Municipal Research and Services Center (MRSC) website, the city council has authority to terminate a contract with legal counsel. In a 2017 blog post, titled “Balance of Power Struggles in City Government” from managing attorney for MRSC Flannary Collins, Collins cites Revised Code of Washington 35A.11.010; RCW 35A. 11.020 and RCW 35.23.440 as justification.
“Sometimes the power struggle arises in contracted professional services, such as contracts with law firms for city attorney services,” writes Collins. “Essentially, unless the position of city attorney has been made an appointed office under the city code, then the authority to terminate the contract resides in the council. … a contracted law firm is not an employee and in the event the city attorney is not an appointed office, then the council, not the mayor or manager, decides whether to retain the firm’s services.”
The Chronicle obtained the contract between the City of Winlock and Hillier, Scheibmeir & Kelly, P.S. through a public records request. According to the contract, “Either party may terminate this Agreement and the relationship created hereunder upon ninety (90) days’ written notice to the other party.”
Hillier wrote in an email Wednesday morning that the firm has not received written notice from the City of Winlock.
“We as city council relied on our attorney to provide council with advice to enable the council to perform our responsibilities to our citizens of Winlock in an organized manner,” said Randt, as she read from a prepared statement on Tuesday. “This is notification to advise you the Winlock City Council is terminating the contract with Hillier, Scheibmeir & Kelly, P.S. and all attorneys associated with this firm effective immediately. As per the contract, all remaining retainer fees will be paid in full immediately. We appreciate your service to the City of Winlock.”
Winlock City Council approved all four items on the special meeting agenda — a “Motion to terminate the contract with Hillier, Scheibmeir & Kelly, P.S. and all attorneys associated with the firm;” “Motion to place a moratorium on all spending until budget issues have been resolved;” “Council authorization to cancel lawsuit against the City of Toledo;” and “Postpone Council Budget Workshop Scheduled for December 6, 2018.”
Hillier advised the city council that a moratorium on spending could be a breach of multiple contracts. Hillier said the city could have issues with payroll, paying regular bills and grant funds.
The council later rescinded the motion and approved a slightly different motion to place a moratorium on all spending until budget issues have been resolved, spending no more than $25 per day beyond city operating costs. That allows the city clerk to pay payrolls, prepare the invoices, and vouchers for payment for the Dec. 10 city council meeting, said Randt.
While Bradshaw previously said the City of Winlock is involved in a lawsuit against the City of Toledo, there is no record of a lawsuit in Lewis County’s online database. The Chronicle additionally filed a records request with the Lewis County Prosecuting Attorney’s Office for a tort claim against the City of Toledo on Tuesday, Dec. 4.
