ROGERS -- The City Council unanimously approved ordinances Tuesday to reduce the authority of the city attorney and give more power to its staff attorney.
The city attorney position has been vacant since January after Ben Lipscomb resigned with a $390,000 settlement payment. The settlement ended a federal complaint he filed against the city in November.
At A Glance
Bentonville has used a part-time city attorney since 2000. The attorney in the position receives $1,200 a month, according to city ordinance. Duties outlined in the ordinance include ensuring meetings are done in a legal manner and ordinances and resolutions are drafted correctly.
Source: Staff Report
"I think you are going to attract good people for this position," Justin Eichmann, attorney hired by the city, said to the council. "These will be people who have a desire to serve."
New definitions for the city and staff attorney roles were created by the Internal Affairs Committee of three City Council members. The definitions along with a salary for the city attorney were written into three ordinances.
The city attorney position in Rogers previously oversaw or delegated all legal matters involving the city. This included prosecution in district courts, drafting of ordinances and resolutions along with advising city officials on legal matters.
One of three ordinances passed by the committee defines the new roles of the city attorney position. It states the attorney should attend all City Council meetings. It also states the attorney should advise committee and council members on legal questions and review all meeting documents. Other duties could be coordinated or assigned by city staff, it states.
"The committee was interested in getting the position created and then seeing how that position grows," Eichmann said. He said the city attorney could help with day-to-day tasks at a later date.
Buddy Wright, council member, asked if the ordinance specified a minimum or maximum hours the city attorney could work.
Eichmann said the ordinance didn't.
A second ordinance provided the salary for the position. A city attorney in Rogers would make $12,000 annually or $1,000 per month, it states. The ordinance appropriates $5,000 to pay the salary for a city attorney for the remainder of the year. The city attorney previously made $127,187 annually.
Lipscomb filed a federal complaint saying his rights were violated by the council's decision to give a majority of his duties to a new staff attorney position last year. Three council members signed statements saying Lipscomb recommended the changes.
The third ordinance redefines the staff attorney position, including changing its title to senior staff attorney. The senior staff attorney will "act as legal advisor to all city officials, boards, commissions, departments and agencies," it states.
The staff attorney makes $87,132 annually, Casey Wilhelm, Rogers financial director, said.
Mark Kruger was the only council member to comment before voting.
"I am very much in favor of the direction we are heading," Kruger said.
The council will now have to appoint someone to fill the city attorney position, Eichmann said.
Clay Kendall, internal affairs chairman, said it's likely the committee will meet to made a recommendation on the process for appointing a city attorney before the next City Council meeting. The next meeting is planned for 6:30 p.m. July 14 at City Hall, 301 W. Chestnut St.
The city attorney position would be up for re-election in 2016 and then again in 2018 when it would become a four-year term, Eichmann previously said.
NW News on 06/24/2015