By DAVID GOODHUE
dgoodhue@keysreporter.com
http://www.keysnet.com/2012/12/01/483515/village-eyes-in-house-attorney.html
Momentum is growing among the five-member Islamorada Village Council to hire an in-house attorney and possibly sever ties with the law firm that served Islamorada for years.
Councilmen David Purdo favored hiring of an in-house attorney for several years. He maintains that the Miami-based firm Weiss Serota costs the village too much money and is more concerned with billable hours than loyalty to the village.
And Mayor Ken Philipson proposed a sort of hybrid plan in August of hiring a village attorney and using Weiss Serota for certain legal issues. But then-Councilman Don Achenberg and Councilman Ted Blackburn were wary of the idea.
Blackburn, who has served on several elected boards in his native New York before moving to Florida, said in-house attorneys usually have private practices too, which often impact their level of commitment to the municipalities they serve.
Then-Mayor Michael Reckwerdt said in August that he was satisfied with Weiss Serota's service to the village.
But the board has a different make-up after the November election, and Weiss Serota's future with the village is in more doubt. Reckwerdt was term-limited out of office and Achenberg chose not to run again. Purdo and Philipson are now joined in their call for an in-house attorney by newly-elected Councilman Michael Forster, who brought the topic up at Thursday's regular council meeting.
The council will hold an as-yet unscheduled workshop to discuss Weiss Serota's future some time in January.
Forster said that although Weiss Serota agreed two years ago to charge a flat fee of $250,000 a year, actual expenditures were almost three times that amount last fiscal year. "I'm looking to reduce that payout," Forster said.
Nina Boniske, an attorney for Weiss Serota, said her firm charged more last fiscal year because its attorneys did the bulk of the bid and contract work the village needed done in preparation for building its $90-million centralized wastewater system. The issue became more complicated - and more expensive - when the village switched engineering firms in the 11th hour because of a major contract dispute.
"If we hadn't done it, you would have paid someone else to do the work," she said.
Boniske called last year's legal fees "an anomaly," and said she strives to keep costs to the village low. "I try to run this as an in-house attorney," she told council members.
Along with the $250,000 fee for Weiss Serota's general legal services, the village also budgets about $200,000 more for the firm's litigation services. The village is facing about seven of the 26 lawsuits it started out with at the beginning of last fiscal year, Boniske said.
Forster, Purdo and Philipson criticized Weiss Serota for taking too many cases to court, but Boniske responded that her firm acts on the direction of the Village Council. Purdo shot back that the council's direction is based on Weiss Serota's legal advice.
Councilwoman Deb Gillis, also newly-elected, said blaming Weiss Serota is not fair, and the council should take more responsibility about what cases it settles and which ones it chooses to fight in court.
Islamorada, with a population of about 6,435 people, budgets more money for legal services than the City of Marathon - population around 9,680 - and slightly less than the City of Key West, which has about 23,000 residents. Marathon too uses an outside law firm, which it pays about $395,000 a year, said Roger Hernstadt, the city's manager.
Key West has an attorney and at least two assistant attorneys, which costs the city about $551,000 a year, according to budget documents.
And Mayor Ken Philipson proposed a sort of hybrid plan in August of hiring a village attorney and using Weiss Serota for certain legal issues. But then-Councilman Don Achenberg and Councilman Ted Blackburn were wary of the idea.
Blackburn, who has served on several elected boards in his native New York before moving to Florida, said in-house attorneys usually have private practices too, which often impact their level of commitment to the municipalities they serve.
Then-Mayor Michael Reckwerdt said in August that he was satisfied with Weiss Serota's service to the village.
But the board has a different make-up after the November election, and Weiss Serota's future with the village is in more doubt. Reckwerdt was term-limited out of office and Achenberg chose not to run again. Purdo and Philipson are now joined in their call for an in-house attorney by newly-elected Councilman Michael Forster, who brought the topic up at Thursday's regular council meeting.
The council will hold an as-yet unscheduled workshop to discuss Weiss Serota's future some time in January.
Forster said that although Weiss Serota agreed two years ago to charge a flat fee of $250,000 a year, actual expenditures were almost three times that amount last fiscal year. "I'm looking to reduce that payout," Forster said.
Nina Boniske, an attorney for Weiss Serota, said her firm charged more last fiscal year because its attorneys did the bulk of the bid and contract work the village needed done in preparation for building its $90-million centralized wastewater system. The issue became more complicated - and more expensive - when the village switched engineering firms in the 11th hour because of a major contract dispute.
"If we hadn't done it, you would have paid someone else to do the work," she said.
Boniske called last year's legal fees "an anomaly," and said she strives to keep costs to the village low. "I try to run this as an in-house attorney," she told council members.
Along with the $250,000 fee for Weiss Serota's general legal services, the village also budgets about $200,000 more for the firm's litigation services. The village is facing about seven of the 26 lawsuits it started out with at the beginning of last fiscal year, Boniske said.
Forster, Purdo and Philipson criticized Weiss Serota for taking too many cases to court, but Boniske responded that her firm acts on the direction of the Village Council. Purdo shot back that the council's direction is based on Weiss Serota's legal advice.
Councilwoman Deb Gillis, also newly-elected, said blaming Weiss Serota is not fair, and the council should take more responsibility about what cases it settles and which ones it chooses to fight in court.
Islamorada, with a population of about 6,435 people, budgets more money for legal services than the City of Marathon - population around 9,680 - and slightly less than the City of Key West, which has about 23,000 residents. Marathon too uses an outside law firm, which it pays about $395,000 a year, said Roger Hernstadt, the city's manager.
Key West has an attorney and at least two assistant attorneys, which costs the city about $551,000 a year, according to budget documents.
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