The Valparaiso City Council passed the first reading of an ordinance allowing a sum of up to $150,000 for the council to secure additional legal representation if needed, in addition to the existing salary of Valparaiso City Attorney Patrick Lyp.
Council members Peter Anderson, R-5th, and Jack Pupillo, R-4th, voted against the ordinance and cited concerns about “transparency.”
The ordinance for the $150,000 appropriation “for professional services for the Council” appropriating funds from the Cigarette Tax Fund will have a public hearing and second vote at the Feb. 26 council meeting.
Council President Robert Cotton, D-2nd, clarified when he introduced the ordinance that the additional legal guidance and outside attorney services would only be secured if agreed upon “as necessary and in the best interest of the public” by four of the seven council members.
Anderson described the ordinance as “one of zero transparency.”
“I understand an attorney has already been secured and the contract worked up even though I have not been involved,” Anderson said before the vote.
“Who has decided all of this stuff? And why has the entire body not been included? This body should reject this ordinance based on lack of transparency. Any other action short of that is a travesty to the people of Valparaiso. I recommend we reject this ordinance on first reading and bring it back as a revised version to be more transparent.”
Pupillo said Crown Point “has a similar situation such as Valparaiso,” with “a Democrat mayor and a Republican council and they have a separate council attorney, allocating $30,000 for that.”
“But it’s the $150,000 amount I have a problem with,” Pupillo said.
Cotton said it’s important for the council to have resources and “added expertise since none of us knows everything,” and cited an example.
“With redevelopment, for example, and the economic impact,” Cotton said.
“We know we can identify the increase in tax, but what about why does the city have a concern about the way the RDC (Redevelopment Commission) may be a contributing factor in the affordability in Valparaiso? Maybe we would ask about the need for an impact study about the areas being developed or redeveloped.”
Council member Ellen Kapitan, D-At-large, said she supports the ordinance because it allows for money to be dedicated for use without an obligation to spend if it’s not needed.
“I think the first step in any of these conversations is knowing that we do have the appropriated funds available to move forward for any of these services,” Kapitan said.
“It’s as needed, and not necessary cutting a check to an attorney or consultant unless we decide to move forward and make that plan.”
Council member Emilie Hunt, D-At-large, told the council that her constituent Anderson’s mention of an attorney already being secured is partially correct, for the added legal capacity if the ordinance is passed.
“The attorney that we have spoken with and I believe hope to retain is Gregg Sobkowski, a municipal law attorney for some time” who works at Hodges and Davis, Hunt said.
“Gregg was a partner there when I was an associate at Hodges and Davis, which represents about four of the 15 years I’ve been practicing law. I no longer work there, I recently left and I have no financial interest with them.”
Philip Potempa is a freelance reporter for the Post-Tribune.
