Friday, March 05, 2010

Pacific City Attorney paid $381 thousand dollars

February 16, 2010

Dear Pacific Council,

I want to bring to your attention a matter of great concern regarding the amount of money that is paid to Pacific City Attorney, Dan Vogel. The period of time researched is June 2008 thru August 2009. The total for that period is $381,558.62, breaks down as follows:

Frederich Construction $178,367.32
General 40,127.71
City Attorney 15,362.50
Utility Matters 26,975.94
Zoning & Development (reimbursable) 20,481.11
Jeff Palmore vs City of Pacific 20,015.72
Economic Development Fund (reimbursable) 22,498.17
Osage CID (reimbursable) 32,131.64
Flood Mitigation (reimbursable) 7,440.50
IAD Bond Redemption (reimbursable) 4,028.30
Employment Matters 4,153.00
Tax Protest Matter (reimbursable) 3,352.86
Pilot/Thorton Rd.Dev. (reimbursable) 3,643.95
Annex/Sewers 1,079.00
Union Matters 154.50
Immigration 491.40
Walgreen’s 354.00
City Hall 901.00
_______________________________________________ $381,558.62__________

*note: the $93,576.53 in funds paid to Vogel as “reimbursable”, that there is no accountability for those dollars. There seems to be no record kept of items that were actually reimbursed. Told Vogel is not responsible for getting the reimbursements and that often the funds are held up front/like an escrow account………but still no record. There has to be a record, but as of yet I have not been supplied with one.

Pacific’s current Ordinance #2298, Aug. 6, 2002. Contract with City Attorney. Basic Services at $115/hr. include only Aldermen meetings and communications with the Mayor and City Administrator up to four hours per month.
All other legal services for Vogel $255/hr. and with office staff from $90 to $255/hr.

*note: that Jan.2009, Dan Vogel & firm started charging $5 to $10 more per hour (except for their employees Slater $115/hr and Shaw $90/hr which seem to have remained the same.) Ordinance 2298 allows for increase not to exceed 4% per annum.

City and Attorney have the right to immediately terminate this agreement in its entirety, anytime with or without cause.




Possibilities to consider:

1. Why are we paying more than our neighboring communities?
2. Perhaps it is time to renegotiate our legal contract.
3. Our current City Attorney represents three cities and the Missouri Municipal League, his firm and residence are in St. Louis County. We are being encouraged to spend our money in our neighborhood, this would be a good place to start.
4. Franklin County Auditor, Ralph Sudholt and a couple of Finance Officers in comparison cities, asked WHY we didn’t hire our own attorney as an employee, and why we had a St. Louis County attorney rather than a Franklin County attorney.
5. Think of hiring our City Attorney for less than $265/hr. Think of what the city could do with the money saved. Hire another patrolman (or two), help our Parks and Streets without a tax increase, etc..


























Comparisons: Other Cities in the area and their City Attorney fees:

City Contract Population
Pacific, MO $381,558 actual 5249

Union, MO $32,000/yr.max 9368
*includes: All meetings, not just Council. Every Friday meets with department heads to write ordinances, etc.. All staff, anytime can email the attorney (actual cost last yr. $21,000) Union Finance Officer was once an auditor for cities, and says she never saw such high fees, only one coming close was Arnold with all their Eminent Domain and TIF’s a couple years ago.

Sullivan $44,383 City Attorney& Prosecutor/$2,115 Special Prosecutor/$23,115 Special Counsel (total $70,108) 6350

Wildwood $4,000/mo. 36,786
$115 for extras (Total $199,969)

Washington *$43,687 13400
*City counselor, advises council, mayor, & staff, attends council meetings, writes ordinances, etc. $130/hr. (City Attorney elected $9600/yr plus $130/hr. = $5,447= total $15,047) (total of both $58,734). (at the request of Harold Selby, Washington was contacted again with inquiry to their Phoenix & HBAS Mfg. Developments, that still would put them at $123,615 Harold’s figures, which is still $257,943 more than Pacific)
Still await Washington’s response.

St. Clair $29,150 6,xxx
*$80,000 in additional services. (total $109,150)

Franklin County $98,300
*Attorney is an employee @ $59,000/yr, plus $14,150/yr for secretary, total $98,300 to run the entire department. They do not have any other legal fees at this time.

At the request of our City Administrator, Harold Selby, all cities were recontacted to confirm that legal fees for Economic Development were included in their figures, they all report the figures above are complete. (await Washington’s response)

Respectfully,
BJ Lawrence
1207 W. Congress, Pacific, MO 63069
636-271-7817