Kevin M. Lemley has been appointed as the new
city attorney for the City of Alexander. The appointment was approved in a five
to three vote of the council at a special meeting held Tuesday evening, June 24.
Attending the meeting and voting for the
appointment were aldermen Andrea Bearden, Farren Wadley, Juanita Wilson, Faye
McKeon, and Lonny Chapman. Because aldermen Ceola Bailey, Sam Gregory and Brad
Scott were absent they are counted as "no" votes.
Also absent were Mayor Michelle Hobbs and
Recorder Sharon Bankhead. The council voted to appoint Alderman Wadley to serve
as acting mayor during the meeting and also voted to appoint Alderman Bearden
as acting recorder.
Four attorneys submitted proposals to the city
stating their qualifications, three included fee schedules. Two of the
attorneys attended the regular council meeting held June 16; Lemley and
Kimberly Eden. Both attorneys were interviewed during that meeting.
Eden did not provide a fee proposal. She did
offer to work for "whatever is left in the budget."
Both attorneys were asked to submit a fee
proposal and e-mail it to the mayor. The mayor was to forward the proposals to
council members.
During the discussion phase of the meeting Alderman Faye McKeon
reminded the council they voted against a motion to appoint Kimberley Eden at
the June 16 meeting.
"Why are we giving her a second chance to give us a proposal,"
she said.
In his proposal Lemley said, "For the remainder of 2014, my
fee is a flat fee of $6,500 from the beginning date of service through December
31, 2014." ... "Beginning January 1, 2015, my fee is a monthly rate
of $2,450 for all City business other than litigation."
Former city attorney Carla Miller billed the City $4,973.30 just for
services rendered between March 26 and April 25.
Under both cost
proposals Lemley states, "This amount includes service for all City
business other than litigation" but does "include monitoring litigation
being handled by other attorneys."
If Lemley represents the city in a lawsuit in
2014 or 2015 he will charge $140 per hour as lead attorney or $70 per hour if
he serves in a secondary role. Another option is "a flat fee that may be mutually determined according
to the type of litigation."
Eden did not submit a written fee proposal.
Lemley has been practicing law since 2005. He's
defended class-action law suits in both state and federal courts when he was an
associate with the Allen Law Firm, P.C.; was a staff attorney for the Arkansas
Public Service Commission; and advised government agencies regarding compliance
with various state and federal regulations when he was a counsel with Mitchell
Williams. He now has his own practice, Kevin M. Lemley, P.A. in Little Rock. He also recently settled
a lawsuit in which the opposing attorney was Arkansas Municipal League attorney
John Wilkerson.
Before receiving her law degree in December,
2011 Eden worked for the Arkansas Fair Housing Commission and the Law Offices
of Gary Green (Personal Injury and General Practice). From 2012 to 2013 she was
with Hosto & Buchan, P.L.L.C. practicing debt collection law. Currently
Eden is an attorney with the Hoskyn Law Firm practicing family Law, probate,
estate planning, and general practice.
The appointment came as the result of former
city attorney Carla Miller resigning. She submitted her resignation after the
April council meeting and it was "to become effective no later than
July 1, 2014." The council voted at its
May 19 meeting to accept her resignation "effective immediately."
At the May 19 meeting Hobbs said she would veto the vote to accept her
resignation but at the council's regular June 16 meeting Alderman Andrea
Bearden asked her to produce the signed document required to veto a council's
vote. She couldn't.
On May 27 Miller sent a revised resignation letter by e-mail to Mayor
Hobbs and city aldermen making her resignation "effective immediately"
which changed the date of her resignation from July 1 to May 27. During that
week she wrapped up some legal matters and has since billed the city. She
apparently was under the impression the veto was in effect.
During the June 16 meeting Bearden told the mayor if there's no veto
the city doesn't owe Miller for any work done after May 19. Hobbs ended the
discussion saying she would check with the Arkansas Municipal League (AML)
about the veto. One of the AML attorneys, David Schoen, sat silent in the
audience during discussion of the veto.
The special meeting was called by aldermen Bearden,
Wadley and Wilson. In the meeting announcement the aldermen stated they
wanted to comply with the mayor's sense of urgency to appoint a new city
attorney and to have a new attorney in place for the next regular meeting, July
21.
Just my opinion, but it seems like the first thing we need the attorney to address is the status of an appointed recorder who doesn’t seem to be able to administer the responsibilities the position requires. How long has it been that Council has had acceptable minutes; all while drawing a WHOPPING $500.00 A MONTH, for what should take no more that an hour or so of her time. Even with these marathon meetings we are currently experiencing it is still a whopping amount of money. Compared to the return – it is incredibly over-payment at its extreme.
ReplyDeleteIt is a shame the mayor and her posse can’t work with the rest of the city officials. While Sam Gregory was apparently out of town, the rest just didn’t follow-up on that “sense of urgency.” It would have been a positive move for the mayor to be present to welcome the attorney, and extend a hand of cooperation for the welfare of the city she is supposed to serve.
Personal agendas aside, we need to work together for the benefit of the community. Some are, some just won’t. I know politics is an ego-pit and it is a shame that it is so.
Welcome, Mr. Lemley – please don’t get discouraged, there is a lot to do. You appear to be more than ‘up to the challenge.’ As an Alexandrian, I for one am anxious to know you better.
The division in City Hall is pretty clear. What a shame.
ReplyDeleteThanks to this council who hit the job running from the very first day in January 2012. You are making a difference.
I hope you warned Attorney Lemley that it is going to be a bumpy ride! He sure looks to be fair in his proposal; let’s see what happens and hope for the best. At Alexander it is never easy. But when things go like this it is encouraging and rewarding.
That ‘no-show’ group complained when 4 Aldermen had a legitimate 3 month ‘peaceful protest’ trying to expose the fact that the mayor was operating out of her realm of responsibility and without council approval or even knowledge and they threw into the mix the vast amount of money they were taking home while doing it. Councilmen are paid a stipend of $100.00 a month, the take home $93.00 and change. The mayor and recorder (assistant mayor) together gross over $2000.00 a month and they can’t find the initiative sit in on a very short, but very important meeting like this.
That’s not leadership, people – that’s ego!