[Editor's Note: This is breaking news, and the rest of the meeting, including the approval of the preliminary budget, after discussion, will be covered in a later article.

By Mary Alice Murphy

After the preliminary budget was approved following discussion at a special meeting of the Grant County Commission on May 29, 2019, commissioners came out of executive session, and Chairman Chris Ponce made a motion to accept the resignation of County Attorney Abigail Burgess as of July 15, 2019. It was seconded.

Commissioner Harry Browne asked the first question: "What do we do now? Look for a replacement or go with a contract? My inclination is to go with a contract. I have felt like it was a luxury for the county to have a staff attorney, especially with our generous benefits."

Commissioner Alicia Edwards asked if a contract attorney or firm provides its own administrative support.

County Manager Charlene Webb said: "Speaking from my previous contract attorney experience, yes. We were not responsible for any documents."

Edwards asked if some services that wouldn't be provided by the contract attorney could be absorbed by county staff.

Webb said in the case of IPRA (Inspection of Public Records Act) requests, Burgess has been handling them for several departments, but typically most departments handle their own. "In the manager's office, if the request is tied to tort claims, we would reach out to the attorney. (The attorney) generally takes care of IPRA requests for the manager's office, DWI and the Planning Department. If staff is doing it, it comes back to their getting more training."

Edwards suggested a short-term contract to let the county decide whether the attorney or firm would be a good fit.

Commissioner Billy Billings said he understands that some can do a preliminary service to the county and step in in the interim. "I prefer going with a contract and I task the manager with going forward."

Browne said he appreciated the attorney giving the county time to fill the position. "I've gotten used to asking her questions. With a contract attorney that could get expensive. We might have to monitor ourselves."

Ponce agreed and said that with a contract attorney or firm, it would be paying for hours. "We may need an additional person to deal with some items. Will a contract person cost more than what we're paying now?"

Commissioner Salas said in his experience, most contract attorneys, if they have the right expertise, "you can call and they won't charge much, but would charge for contracts and such."

"When we hire for professional services," Webb said, "our decisions are qualified-based. So, it is important that we hire those with the right qualifications."

Browne advised going cautiously. "Some years, even with a staff attorney, we have had to contract out."

Billings noted that it was happening now in the county.

As the business manager for Aldo Leopold Charter School, Browne said the legal budget is always the hardest. "Even if we go cautiously, we may only get a taste of what it will cost. Even when I call with a question that can be answered on the call, we get .1 of an hour charge on our bill."

Edwards asked how difficult it would be to add duties to present staff.

"Not knowing what all her piles are," Webb said, "I can't answer that. I will absorb as much as possible in the departments."

Edwards asked for a list of pros and cons on staff versus contract. Webb said it would be hard to pinpoint when the staff attorney is used and when not. "I do not think I can get that done in a timely manner. I'm at the mercy of getting replies by email to finish tasks as it is. And June is booked solid. We will put a request out. In anticipation of this question, we asked for potential contract interest and got two."

Browne said he was not feeling like it is possible to learn more before "we make a decision. We can always change our minds."

Ponce said he believed what he was hearing is for the manager to look at a contract.

"My concern is that if we look at a firm, they will have to make a commitment of time and resources and may not want to have any interest in, for instance, a six-month contract," Webb said.

Edwards said any contract would need to have a contingency in the request for proposal that a termination would be favorable to the county.

Browne made the motion to direct the county manager to move forward with an RFP, and in negotiations to seek terms favorable to the county in the case of termination of the contract. The motion was unanimously approved by commissioners and the meeting was adjourned.