Something stinks in Muskegon

Please read this article from The Muskegon Chronicle and my comments below:

Muskegon County Commissioners discuss: Is there such a thing as a good, cheap lawyer?

  By Stephen Kloosterman | sklooste@mlive.com

on January 30, 2013 at 8:26 AM, updated January 30, 2013 at 8:27 AM

MUSKEGON, MI -- Muskegon County Commissioners weighed whether there is such a thing as a good, cheap lawyer – and, if so, was it worth a bidding competition to find one.

The county’s contract with its corporate counsel prompted questions from District 3 County Commissioner Susie Hughes at the commissioners’ Tuesday, Jan. 29 meeting. The contract passed unanimously but not after a lively discussion among the commissioners, led by Hughes.

“I wonder if we had checked any other prices,” she said. Hughes, who ran as a Democrat for her county commission seat, is a former county Republican Party officer.

County Administrator Bonnie Hammersley said she hadn’t put the contract out for bids from other firms. It was only a short, one-year extension of the county’s long-standing relationship with Muskegon-based Williams Hughes PLLC, one commissioner pointed out.

District 4 County Commissioner Bob Scolnik also defended Hammersley's decision.

“Number one, if I wanted an attorney, I wouldn't pick the cheapest attorney,” he said.

Scolnik, a Republican, also said that the county attorney, Theodore Williams, does a good job of staying out of politics.

“I never even know what he thinks about this, and that’s a good thing,” he said.

Hughes also questioned whether it was wise to use a firm that lists nearly a dozen area municipalities as clients. Williams and Hammersley reviewed the county’s conflict of interest policy: Where there is a conflict of interest, lawyers in the county prosecutor’s office represent the county, and the municipality in question is represented by someone else.

The contract allows Williams Hughes to charge the county $125 an hour for work done by a partner in the legal firm, $80 an hour for work done by an associate, and $50 an hour for work done by a paralegal.

The county budgeted $ 135,000 in legal fees for fiscal year 2012, according to the county’s website.

My comments:

It's hard to believe the reporter was actually at that county board meeting.

1. Commissioner Hughes never even hinted at hiring "the cheapest lawyer".

Only commissioner Scolnik used that term.

Clearly intending to intimidate the newly elected female commissioner.

2. Hughes made two important points followed by questions that were never adequately answered:

a. Hasn't it long been county policy to competitively bid out for expensive contracts?

Why the change now?

b. Given the large number of townships and city's already represented by the current firm and the likelihood of conflicts of interest, shouldn't the board discuss the issue?

And receive clear answers?

3. Instead, these important questions remain unanswered and even undiscussed in any depth as county administrator Hammersley dissembled and commissioner Scolnik cleverly distracted the board (and, apparently, the reporter) from the biggest elephant in the room.

The quality of the legal advice offered by current attorney.

Last year, the county was sued for violating the federal Freedom Of Information Act and the Michigan Open Meetings Act.

Two clearly basic protections for citizens that ought to be "county law 101" for EVERY attorney paid with public funds.

As The Muskegon Chronicle reported "several county commissioners made it clear they were not admitting any wrongdoing by conducting the closed session involving a legal opinion."

The county attorney in question, steadfastly denied, in both verbal and written communication to the litigants, that the county was innocent of all allegations.

Unfortunately, the county violated both laws.

Only when the case was to go to sworn depositions that would lead to a full trial, did the county admit to the violations and offer to settle.

The county commission belatedly and ultimately admitted guilt, settled and paid damages. (I have a copy of that settlement).

Last wek, commissioner Bob Scolnik proudly told the board that he was comfortable with the current attorney who "does a good job of staying out of politics".

Too bad neither Scolnik nor the rest of the county board seem to care as much about the quality of advice when the rights of the county's citizens are at risk.

The entire meeting is available at EyeOnMuskegon.com ( http://muskegontaxpayers.blogspot.com/2013/01/2013-1-22-ways-means.html)