The Greenwood City Council is adding to the number of attorneys that members can consult when they make decisions.
The city has a legal department led by city attorney Krista Taggart, who sits in on every city council meeting. Taggart is appointed by the mayor, and some council members said they wanted the ability to get other legal opinions when necessary.
Greenwood’s city attorneys are good and qualified, but because the council is supposed to operate as an independent legal body, it should be able to get information from attorneys reporting directly to the council, council member Ron Bates said.
Bates cited a lawsuit filed by the Builders Association of Greater Indianapolis and Arbor Homes against the city after stricter construction rules were put in place for homes. If an outside attorney had reviewed those rules when they were being considered, changes could have been made to reduce the risk of the rules being challenged in court, he said.
"Whenever an ordinance is proposed, we might ask for assistance in drafting, or modifying it," Bates said. "In the event we have a disagreement with the city attorney, this would be a second resource. It could be a friendly disagreement, I’m not saying there is any conflict."
"It would be good to get a second opinion from an attorney not on the city’s payroll."
Taggart declined to comment due to the ongoing litigation.
Council members approved 5-4 in December using two local attorneys: Eric Harvey and David Henn. Taggart still will sit in on every council meeting, advise the council and assist with drafting ordinances. Council members Mike Campbell, Linda Gibson, David Hopper and Brent Corey voted against the proposal, saying more attorneys were unnecessary and that the proposal wasn’t detailed enough.
The council set aside $30,000 this year for the attorneys, who will be paid an hourly rate of about $200.
Council member David Lekse, who had proposed working with the outside attorneys, cited several examples of communities where city councils have hired their own attorneys, including Muncie, Evansville and New Albany.
In Muncie, the legal department appointed by the mayor doesn’t do any work for the council, which has a separate attorney, Muncie City Council member Dan Ridenour said.
The Franklin City Council works exclusively with the attorney appointed by the mayor, Franklin Mayor Steve Barnett said. The city does not have its own legal department.
