The Valparaiso City Council passed the final reading of a resolution at the April 8 meeting allowing a sum of up to $40,000 for “billable hours” for the council to secure additional legal representation if needed, in addition to the existing salary of Valparaiso City Attorney Patrick Lyp.
Council member Jack Pupillo, R-4th, voted against the ordinance and cited concerns that the process for when such additional attorney resources might be necessary remains unclear.
The contract drafted with attorney Gregory A. Sobkowski of Hodges and Davis law firm stipulates the additional legal services are to “confer and counsel with the city attorney as requested, perform all other legal services as may be requested by the City Council and adhere to any procedures established by the Council relating to council member requests for legal services.”
The appropriation is from the CCIF Cigarette Tax Fund and Council President Robert Cotton, D-2nd, has been the most vocal advocate for the option of additional legal representation for the council.
“As I’ve said all along, the additional legal guidance and outside attorney services will only be secured if agreed upon as necessary and in the best interest of the public by four of the seven council members,” Cotton said.
Since discussion about the need for additional legal guidance began last month, Pupillo and Councilman Peter Anderson, R-5th, have countered the original amount of $150,000 proposed as an annual stipend threshold was too high.
Councilwoman Ellen Kapitan, D-At-large, favored the ordinance, explaining it allows for money to be dedicated additional funds for use without an obligation to spend if 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.
Councilwoman Emilie Hunt, D-At-large, told the council she agrees with Cotton and Kapitan that securing the approval of four council members before enlisting the services of the added council was “a fair compromise.”
The resolution stipulates: “Prior to engaging Attorney Sobkowski for a particular matter, the Council member wishing to initiate the engagement shall notify all Council members (via email or other means of written communication) of the intent to secure Attorney Sobkowski and a brief description of the nature of the request. Should any Council member disagree with the proposed engagement, that Council member may contact the Council member wishing to initiate the engagement and share their position. Absent receiving concerns from four or more Council members within 72 hours of sending written communication of the intent to secure Attorney Sobkowski, the Council member may engage with Attorney Sobkowski. The Council member that engages Attorney Sobkowski shall keep the other City Council members reasonably updated as to the matter and share any written opinions from Attorney Sobkowski with the other City Council members. When communicating with Attorney Sobkowski, there shall be a minimum of two City Council members participating. The Council acknowledges that certain limited situations may require the need to engage Attorney Sobkowski more quickly. Should that situation arise, the Council members shall take appropriate action to protect the interests of the City Council.”
Valparaiso Mayor Jon Costas described the four-member consensus stipulation as “a step towards goodwill (of council members),” citing further “we know that these limited situations can also arise.”
Philip Potempa is a freelance reporter for the Post-Tribune.
