Laserfiche WebLink
examining the extent to which the State will allow the City to recoup legal fees incurred related to <br />an activity initiated by an entity other than the City. Mr. Gary responded by saying there was a <br />suggestion in the report that the City could, for example, charge developers for attorney fees that <br />were incurred in connection with reviewing a development application, but there is some question <br />to the extent that can be done. <br /> <br />Mr. Tollenaar addressed the tradeoff between loyalty and competence, saying he is not sure that <br />competence is more important tha loyalty and commitment to the City's interests. He suggested <br />that anyone recruited for the in-house position would not be motivated primarily by money and <br />the incentive would be a heartfelt commitment to local government--a local, home-rule <br />government advocate." Mr. Tollenaar said every time someone says "If it ain't broke, don't fix it." <br />he thinks that some preventive maintenance might still be in order. <br /> <br />Mr. Gary said his firm welcomed the scrutiny it was receiving because he impresses on his <br />colleagues regularly that unlike some who have tenure or guaranteed position, his firm has to <br />earn its clients' loyalty and trust on the job everyday. He said the City's scrutiny has a critical <br />impact on the way the job is performed. The firm is very well-motivated as this was the largest <br />client the firm has, so he was not surprised that the competition is suggesting changes. Mr. Gary <br />addressed the conflicts issue, saying it was a difficult one because licenses can be lost by <br />becoming engaged in some of the conflicts that some have suggested. He said the firm would <br />continue to be vigilant to avoid being placed in a position where its clients are prejudiced. On the <br />issue of prosecution, Mr. Gary said the only way of making that cost-effective for the firm is to <br />use newer, younger attorneys. Finally, he said, there ws a serious policy question the body must <br />address whether it is buying services in-house or by contract, and that is: "What is the <br />philosophy that the attorneys should pursue and what is the philosophy of the council in terms of <br />the degree of risk that should be taken?" Mr. Gary said the easiest thing for a public lawyer to do <br />is say "no" and the firm's approach is to "get you where you want to go," which may involve <br />creating "in ordinance as bullet-proof as possible and defending it if challenged." <br /> <br />MINUTES--Eugene City Council June 10, 1998 Page 6 <br /> 11:30 a.m. <br /> <br /> <br />