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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER,CITY CLERK
COUNCIL RULES MAY 15, 2017 4:33 P.M.
Committee Members Present: Tim Scott, Dr. David Varner, Jo M. Broden
Committee Members Absent: Karen White
Other Council Present: Regina Williams-Preston, John Voorde, Gavin Ferlic,
Oliver Davis (late)
Other Council Absent: Randy Kelly
Others Present: Aladean DeRose, Kareemah Fowler, Kyra Clark
Agenda: Interviewing of Finalist Prospective Candidates for the
South Bend Common Council Attorney Position
Council Discussion
Miscellaneous
Council President Tim Scott called to order the Council Rules Committee meeting at 4:33 p.m.
He stated that this was the second and final round of interviews for the Common Council
Attorney and proceeded to give the floor to Councilmember Gavin Ferlic to preside over the
interviews.
Councilmember Ferlic stated, I will run through the list of questions and will then open the floor
to Council members to ask their own questions. Please be aware that because this is an interview,
there are certain things that should and should not be said.
City Clerk Kareemah Fowler stated, Your packets are in the same order of which the interviews
will be held. At 4:30 p.m. we will interview Bob Palmer. At 5:00 p.m. we will interview Dianna
Bauer. At 5:30 p.m. we will interview Casey Cox and Kevin Podlaski.
Interview for Bob Palmer
Councilmember Ferlic stated, I will ask the first round of questions and we will then open the
floor to questions from all Council members. We will conclude with any questions that you may
have for us. For those Council members who weren't in attendance at the initial meeting, could
455 County-City Building-227 W.Jefferson Boulevard-South Bend,Indiana 46601
Phone 574-235-9221 -Fax 574-235-9173-TDD 574-235-5567-www.SouthBendfN.gov
JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR
CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
OPERATIONS
you please tell us about your work experience and how it has prepared you for the requirements
of this position?
Bob Palmer answered, I've been a partner of May Oberfell Lorber for twenty-seven(27) years
and have worked there for the past thirty-five (35)years. Before that I was Clerk to the Indiana
Court of Appeals for one (1) of the judges writing opinions. I think those things have helped me
prepare for this type of position in two (2)ways. One (1), I take instructions from judges very
well. When I was on the Court of Appeals, I was called for jury duty and the judge knew what I
did for a living and he said, "Mr. Palmer, do you think after hearing the evidence and with your
experience that you could listen to me instruct you on the law and to apply the law as I tell you?"
I replied"Yes, I do that every day of my life," and he said, "Yes, I know Judge Hoffinan very
well."That was kind of what I learned from him. The second thing is I write a lot and read a lot.
My writing, I like to think, is meticulous because writing goes to the Court of Appeals or the
Supreme Court and is there forever. You don't want an opinion coming back criticizing anything
you did or saying you make a mistake. I am extremely careful and try to make it as clear and as
concise as possible.
Councilmember Ferlic asked, Please tell us about the toughest or the most challenging case you
handled this year.
Mr. Palmer replied, The most difficult case I've had to deal with this year was a habeas corpus
case in which I was appointed to represent a prisoner. This is something I do in connection with
my position with the Notre Dame Law School. I teach a class at Notre Dame and the short story
is I was appointed by the court to represent a prisoner. I usually get three (3) or four (4) of these
cases a year. I then assign those to students and supervise the students as they work under my
direction. They do the briefs and when it comes time for an oral argument, I supervise that and
we then go to court and they do the oral arguments. This is something that is very, very unusual.
But I have a case with a convicted child molester. One (1) day he called my office forty-five (45)
times. It's difficult to explain to him that I cannot make the court move. The court does what it
does on its own. From a personal standpoint, that was the most difficult. From a professional
standpoint, I'm actually working on a products liability case. Indiana Products Liability Law was
at its highpoint probably back in the 1990s but the statutes haven't changed. It was kind of
difficult going back and applying the statutes as I knew them back in the 1990s but now applying
them to current day situations.
Councilmember Ferlic asked, Can you share with us a recent accomplishment of which you are
most proud?
Mr. Palmer replied, My daughter just graduated from Indiana University Medical School this
past Saturday. Her husband just graduated from Terre Haute.
Councilmember Ferlic asked, Tell us about a challenge that you solved in a unique or unusual
way, what was the outcome, and were you satisfied with it?
Mr. Palmer replied, A problem I solved in a unique way was a child-custody case. One (1) of the
local judges did, what I thought to be, a serious wrong to my client. The first question I had when
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he explained the situation was, "Are you an axe-murderer, or what? How could the judge do this
to you?" The unique part of it was, if you know appellate practice, domestic cases are not
something the appellate Courts like at all. They are afraid to ever reverse one (1)because that
then opens the flood gate to all kinds of domestic cases going up on appeal. I lost in the Court of
Appeals but the Supreme Court granted an oral argument and transferred the reverse and gave us
the relief we wanted. So it was unique to get the Indiana Supreme Court to grant transfer and
reverse the trial court on a domestic case. That is very, very difficult. To do that, I had to go back
and trace the history of the language of the case where the original case had a full explanation of
what the law was. As each case came down after that, the explanation got shorter and shorter.
The newest case was much different from what the cases back in the 70s and 80s said. I had to
trace all of those quotations back to show the court what the statute actually meant when it was
first interpreted.
Councilmember Ferlic asked, If you are selected for this contract, do you anticipate that we
would contract with you, Bob Palmer, or would we contract with May Oberfell Lorber? If so,
please explain how that would work and if there are any additional support services the firm
would provide.
Mr. Palmer replied, My original thought would be that you would contract with May Oberfell
Lorber. I would be the point person responsible for attending the meetings. But, I would also
have the support available to me at the firm like associates, library facilities, and internet,
essentially anything I need. That was my initial thought. We could also do it, if it is a benefit to
you,just like I do with the Law School. Any payment goes to the Law Firm and I still have the
same available services. So from my point of view, it doesn't matter. Whatever would be most
convenient to the Council. Either way, I would be the guy.
Councilmember Ferlic opened the floor to Council members for any additional questions.
Councilmember John Voorde asked, Have you personally or has the firm contractually provided
these services for any other municipality?
Mr. Palmer replied, Yes, we have. Some of the smaller cities like Lakeville and Plymouth. They
have been smaller cities. I was not the point person for those interactions. The reason I would be
point person for this is because you guys are bigger and are much more demanding regarding
what you need and when you need it. With my practice being primarily appellate practice, I'm in
the office almost all the time. I may have two (2) court hearings a month so when you need
something, I'm available for you.
Councilmember Dr. David Varner asked, Out of curiosity, when you got the reversal on that
case, what was your question"Are you an axe-murderer or what?" for? Would somebody else in
your position have gotten the same result?
Mr. Palmer replied, It was my experience saying"How can I make an impact on the court?How
can I make them realize that this is wrong?" The way I thought I could do it was going way back
and showing how the language had changed, while the law did not. Anyone could do it, but it
was me choosing the most unique and best way to do it.
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Councilmember Jo M. Broden stated, When we had interviewed you before, you had talked
about transitioning and how it would be good timing to receive this opportunity. Could you
address the procedure of the possibility where two (2) of the firms members are on the opposite
side of the same petition?
Mr. Palmer replied, Obviously, conflicts of interest become an issue when you have a firm our
size that represents several different clients in several different capacities. It is not unprecedented
for a firm our size to represent municipalities. Faegre Baker Daniels has gotten involved with the
City of South Bend and Mishawaka. First thing we would do when we would receive a petitioner
is run a conflict check internally. The way we run our conflict checks is a computer program that
goes back through and checks every client that the firm has ever done work for. In addition to
that, we would send an email out to every single person in our office saying, "Do you know of
this person or entity? Do you know of any associates of this person or entity that we would be
adverse to?" So that would be the first line on our end. If there would be something that appears
to be a conflict of interest after-the-fact, I would come to the Council immediately, say what it is
and give my opinion on whether it is a conflict. This Council has always been transparent to the
best of its ability. That is also very important to me. If there is an issue, we would discuss it. I
would always be willing to step aside for an issue. I did a basic survey of my partners when I
was first invited back for a second interview and there were no real conflicts that any of us could
remember. I know Marcel Lebbin has represented Dave Matthews on occasion, but Marcel tells
me that Dave does almost all of the work himself. The chances of Marcel being in here are very
slim. Brett Hummer was in here late one (1) night on a Historical Society hearing. I talked to
Brett about that where that would have, in essence, been a conflict seeing that it was an appeal to
the Council. But Brett was doing that in the capacity of a Deputy County Attorney and not acting
as a member of our firm. So that would not, in my opinion, have created a conflict but if it would
have been, in your opinion, Brett said he would have stepped aside and let another Deputy
County Attorney handle it. We have discussed it at the firm level and we feel very comfortable
that we can do this. We have been representing you for almost six (6) years now and nothing has
ever come up.
Councilmember Broden followed up, Are you aware that the Council annually renews this
position in January? And how do you feel about that?
Mr. Palmer replied, Yes I am aware of that and it doesn't bother me because it would give me a
chance to prove myself over the first few months that I would be working here. It's not a long-
term commitment for you but I do believe it is a long-term commitment for me if you want it. If
the end of the year comes and Council believes I am not responsive enough or I don't have the
qualities needed for this position, we shake hands and no hard feelings.
With no other questions from Councilmembers, Councilmember Ferlic opened the floor to
questions from Mr. Palmer to the Council.
Mr. Palmer asked, Can you give me an idea of what the desired office hours would be?
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Councilmember Ferlic replied, Certainly attendance for all the Council meetings but outside of
that, I think the Council would be open to working with you to see what hours Council members
were in their office. Obviously the more hours you're able to be here,the better.
Councilmember Dr. Varner stated, For the sake of convenience, I think there should be some sort
of schedule to know that you will for sure be in the office at a specific time of the week.
Mr. Palmer stated, What prompted my question was my thought of having regular office hours
here. My schedule can absorb that.
Council President Scott stated, I think the days of traditional office hours is different with
technology. We could get a consensus from Council and figure something out.
Councilmember Voorde asked, Have you ever dealt with our advocate The Association for Cities
and Towns for Legislative Matters?
Mr. Palmer replied, I personally have not but there is someone in our firm that has.
With no other questions from Mr. Palmer, the Council excused Mr. Palmer from the interview.
Interview for Diana Bauer
Councilmember Ferlic reminded Ms. Bauer that the interview is public and being recorded. He
then stated, I will ask the first round of questions and we will then open the floor to questions
from all Council members. We will conclude with any questions that you may have for us. For
those Council members who weren't in attendance at the initial meeting, could you please tell us
about your work experience and how it has prepared you for the requirements of this position?
Diana Bauer stated, I've been in practice for thirty (30) years. I graduated from Valparaiso Law
School. After that, I worked for two (2) years as a Judicial Law Clerk for the Federal Magistrate
in Fort Wayne. I then joined the law firm in Carson Boxberger in 1989 and practiced there until
January of 2015. I did, and do, a lot of municipal liability defense work. I do a lot of work
representing and defending police officers in civil rights cases. I've also worked on zoning
disputes,property disputes, and have offered risk prevention seminars to police forces. I do a lot
of research and writing. That is kind of my thing and has been since I was kid. I always thought I
would retire from the law firm but the last five (5) years I was there it went through a lot of
changes. A lot of the older partners retired and left. The complexion and personalities changed
and some of the younger people view things differently than the people that are in their fifties. I
decided eventually that I wouldn't work there anymore. I then worked for about nine (9)months
with the City of Fort Wayne, doing some insurance defense work. In October 2015 I then figured
I may be able to start doing that myself and finding contracts for myself. I work out of my home
but am very portable and mobile with my office as long as I have internet access and a laptop.
I've continued to work in the areas I've previously described. I've had quite a few local attorneys
get me involved in appellate work. A lot of times small firms or solo practitioners don't want to
touch that stuff. They aren't familiar with it. I do a lot of appeals. I have a wealth of knowledge
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when it comes to municipal law. This type of position would be new and would have a learning
curve, but I have a background that would work hand-in-hand with something like this.
Councilmember Ferlic asked, Please tell us about the toughest or the most challenging case you
handled this year.
Ms. Bauer stated, I have a client who is a local business owner in the Angola area. He lives on a
lake and has had disputes for years with the town of Clearlake having to do with hooking up into
the municipal sewer system. He owns the only three (3)properties not connected to the sewer
system. A couple years ago the town of Clearlake sued him saying that he needed to connect. He
fought back. His attorney is a family-law attorney and doesn't do appeals so that's how I got
involved with it. After the first few filings, I found out the client likes to be very involved with
the litigation to the point of re-writing things. He would send me seventy (70) page documents
and is very personally invested in the matter. I make sure he knows I appreciate his interest,
involvement and insight. When it comes to the legal argument, he doesn't cooperate as much as
would be desired. I'm a big believer in the collaborative process but that has been my biggest
challenge this year.
Councilmember Ferlic asked, Can you share with us a recent accomplishment of which you are
most proud?
Ms. Bauer stated, As I stated earlier, I thought I would stay at Carson Boxberger and retire there.
If you told me ten(10) years ago that I would start my own practice I would have thought you
were crazy. I've adapted to that and it's been challenging working from the home. The whole
process of developing clients has been something I've wanted to focus on. It's been a year and a
half and I'm still practicing as my own law firm and I hadn't thought about it much lately but I
would consider that to be an accomplishment.
Councilmember Ferlic asked, Tell us about a challenge that you solved in a unique or unusual
way, what was the outcome, and were you satisfied with it?
Ms. Bauer stated, I don't know if I can come up with a specific example. I sometimes use the
term `creative lawyering.' A lot of people that don't deal with lawyers think it's what you see on
television and it is not. Being a creative person with a legal background gives me the ability to
resolve questions and issues creatively. Some of that is with clients and some of it has been with
my family. My folks are old and having four (4) adult siblings, we are all trying to decide how to
help our parents and that has been difficult. You just never know. When you're an inquisitive
person that enjoys research, it just goes back to the roots of doing what I've been doing since I
was a kid. Writing and research has been what I've done and I enjoy doing it.
Councilmember Ferlic asked, If you are selected for this contract, do you anticipate that we
would contract with you individually and how do you envision working with the Council
logistically? In particular, will you have office hours? Will you be able to attend Committee and
Council meetings?
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Ms. Bauer stated, I have a lot of flexibility with my calendar. Any meetings the Council wants
me to attend, I can do. Office hours can be considered. I don't mind coming up to South Bend.
Councilmember Oliver Davis arrived to the meeting at 5:19 p.m.
Mr. Bauer continued, I'm good with time management and will be able to do whatever the
Council would ask of me. I would do my best.
Councilmember Ferlic opened the floor to Council members for any additional questions.
Councilmember Broden asked, What could you bring as a sole practitioner to the Council that a
firm could not? Also, what would be the back-up plan if you were not available?
Ms. Bauer replied, Well hopefully that situation would never arise. I expect to be at every
meeting that I am requested to be at. That's a good question regarding the differences between a
law firm and a sole practitioner. When I was at the law firm in Fort Wayne, there was a time
where we had thirty (30)to thirty-five (35) lawyers, many of which did municipal liability
defense work. So anyone who was assigned to something,there was always someone else as the
backup. We can't predict the future but as a sole practitioner,you will always be dealing with
me. We will get to know each other,how we work together and I guarantee I will give one
hundred and ten percent (110%) of my effort. This would become my top priority. I do have
contact with the Fort Wayne City Attorney. She got me involved in the Indiana Municipal
Lawyers Association a few years back. I do have resources and contacts that will be a good
supplement to my work.
Councilmember Regina Williams-Preston asked, You had mentioned something about becoming
a certified mediator in the State of Indiana, could you tell us a little bit more about what that
means and how you might apply that in your practice?
Ms. Bauer replied, Any lawyer can serve as mediator. Our judges in Indiana encourage people to
resolve their case rather than going through the whole process that ends up in a trial. I think the
statistic is approximately eighty-five to ninety percent(85%-90%) of cases end up being settled
through mediation. To be a certified mediator in Indiana you have to take a week long seminar
which I took last summer. Then you're on the certified mediator list in the State of Indiana. If
someone is looking for a mediator in a particular county, they can look up that list and see what
areas of practice that are offered. The training of mediating and the experience one gets develops
a lot of skills that are not acquired elsewhere. It's just a different way of looking at problem
solving through mediation. I don't know if you are ever in labor discussions with the Police or
Fire Departments but that would come into play then. My skills could lend themselves to those
types of areas.
With no other questions from Councilmembers, Councilmember Ferlic opened the floor to
questions from Ms. Bauer to the Council.
Ms. Bauer asked, Since you had the same person for as long as you did, what do you envision the
role of the attorney of the Council to be moving forward?
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Councilmember Ferlic answered, Very generally,just a really solid representation of the
Common Council as a whole and being able to work really well with nine (9) unique individuals.
Ms. Bauer asked, How long have each of your served on the Common Council and what is your
profession outside of your role as a Council member?
The Council members then went around the room and shared how long they have served on the
Common Council as well as their alternate occupation.
With no other questions from Ms. Bauer,the Council excused Ms. Bauer from the interview.
Interview of Casey Cox and Kevin Podlaski
Councilmember Ferlic reminded Mr. Cox and Mr. Podlaski that the interview is public and being
recorded. He then stated, I will ask the first round of questions and we will then open the floor to
questions from all Council members. We will conclude with any questions that you may have for
us. For those Council members who weren't in attendance at the initial meeting, could you
please tell us about your work experience and how it has prepared you for the requirements of
this position?
Casey Cox replied, We are a general practice law firm named Beers Mallers Backs & Salin LLP.
We have four(4) offices. Our main office is out of Fort Wayne but we have offices in La
Grange, Warsaw and Syracuse. Our growth is pushing northwest from the Fort Wayne area and
so when we saw this opportunity, especially given our deep local government law presence in the
firm, we had interest right away. Our firm generally represents a number of local governmental
entities including Allen County, La Grange County, the Town of Shipshewana,the Town of
Wolcottville,the Town of Freemont and I am personally the City Attorney for the second
smallest city in Indiana, the City of Woodburn. We also represent a number of townships,
libraries and public entities. Our law firm has twenty-nine (29) or thirty (30) lawyers. I've
personally done a lot of work with public entities like libraries and fire departments. I've also
done a bit of real estate and business law.
Kevin Podladski stated, My experience is in liability and litigation. The last time we were here I
spoke of having done work for city public safety officers, primarily prosecution work. Diana
Bauer is a former partner of mine from Carson Boxberger. We both did city work. I was the
litigator and she wrote briefs for me. Since then she has helped me with several cases at the
appellate level and Indiana Supreme Court level matters.
Mr. Cox continued, We have a diversity of lawyers in the firm that have handled inquiries from
municipal and business clients. We are generally a broad and diverse civil law firm that has a
significant focus in municipal and local government.
Councilmember Ferlic asked, Please tell us about the toughest or the most challenging case you
handled this year.
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Mr. Podladski replied, There was a case that involved the State of Indiana enforcing consumer
advocacy laws against an out-of-state law firm that had hired in-state attorneys to handle its
customer clientele off of the internet. That was one of the cases that Dianna worked on for me.
We both argued in front of the Indiana Supreme Court. That case involved a lot of implications
pertaining to consumer protection matters as well as an overlay of government compliance and
mandatory filings and registrations with the State of Indiana. It was very complex on a number
of levels and we won at the appellate level but we got overturned at the Supreme Court level.
Mr. Cox replied, I had a public entity client who we helped look at their prior health
reimbursement arrangement and whether it was going to remain compliant with existing federal
law. We determined that that was not the case. So there was a deadline where changes had to be
made. These were difficult changes because the changes were going to impact different people in
this public entity body, mainly their employees. It was going to help some and hurt some of the
employees. So the policy question was up to them, but still difficult in understanding what the
impact was going to be to the people that were working for the particular public entity. We found
a solution that legally was acceptable and palpable to them, from a policy standpoint as well.
While there was an impact, it wasn't as big as it would have been if they were to repeal the
whole thing.
Councilmember Ferlic asked, Can you share with us a recent accomplishment of which you are
most proud?
Mr. Podladski replied, I recently became a grandfather. Professionally, I believe arguing in front
of the Indiana Supreme Court was a great experience.
Mr. Cox replied, Personally, I'm the father of three (3)kids and I just passed my ten(10)year
threshold of graduating from law school.
Councilmember Ferlic asked, Tell us about a challenge that you solved in a unique or unusual
way, what was the outcome, and were you satisfied with it?
Mr. Podladski replied, I think some of the circumstances some of my soldiers got themselves in,
when I was in the Army, were difficult. We would deploy to nations and we would have
incidents with soldiers that resulted in a few becoming involved with local militia. I had to work
through diplomatic channels to have them released from prison in Panama. For me, that was a
twist on what I would normally do but it had to do with international law.
Mr. Cox replied, I had a municipal public entity client who runs utility. They discovered that a
large user of this utility was being under-charged. Fortunately there was an ordinance that
allowed us to go back at least a year. Maybe it's not unique but the options available were either
to go after this person using this ordinance and try to get everything, or create a dialogue with
them to achieve a resolution acceptable to both parties. We chose the latter initially, but it lead to
a broader discussion of annexation and this particular user being just outside the boundaries of
the corporate area. I think it fostered a constructive conversation about the future planning of
around that area. It was unique in the sense I was able to advise them on the legal aspects of
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choosing different paths with different outcomes. At the end of the day, it resulted in a
compromise that my clients were very happy with and the user was still happy and appreciative.
Mr. Podladski followed up, The case that went to the Indiana Supreme Court had to do with our
appealing of the way the statute was written. The statute exempts Indiana attorneys. In this case,
it was an out-of-state law firm that hired Indiana attorneys and the State didn't prosecute the
Indiana attorneys, rather they prosecuted the out-of-state law firm. So our unique approach gave
brevity and context to the situation of what the Supreme Court was doing.
Councilmember Ferlic asked, If you are selected for this contract,would the contract be with one
(1) of you individually or the law firm as a whole?How do you envision working with the
Council logistically?
Mr. Podladski replied, I think our intended vision was for the contract to be with the law firm
however, primarily there would be one (1) attorney assigned and that would likely be Casey. He
has a great deal of experience. We have a couple other attorneys that, if Casey was unable to
attend a particular meeting for whatever reason,they have equal experience.
Mr. Cox replied, Logistically, Kevin is right, that is what we've talked about with the law firm.
Geographically, I split time between Fort Wayne because I live there but I also work out of our
Syracuse office which is closer to Warsaw. As we mentioned earlier, the law firm is always
looking for opportunities to expand and grow and this would give us the opportunity to take a
closer look at South Bend. In my view,the Council should have one (1)primary attorney that
any of the Council members can contact on a regular basis. We have enough attorneys to fill in if
the primary person is unavailable.
Councilmember Ferlic asked, Do you anticipate yourself or someone from your firm being able
to attend Council Committee meetings outside of those two (2) designated Mondays?And also,
do you anticipate having office hours for Council members?
Mr. Cox replied, I would need to make sure of the frequency of the committees and what the
expectations were. I don't want to over-promise. As far as office hours, I do think that's
something that is acceptable. My thought initially was I would work out of our Syracuse office
which is much closer and would then come a few hours before the Council meeting in the
evenings and make myself available for Council members to come in. I would want to make sure
I get a handle on all of the other committees and the expectations to make sure I don't over-
promise.
Councilmember Ferlic opened the floor to Council members for any additional questions.
Councilmember Oliver Davis asked, What do you think is the major challenge of a small-size
town Council compared to a decent sized city like ours?
Mr. Cox replied, We've advised a lot of town councils which are much smaller and also the
Mayor of Woodburn actually sits on the council. He is an ex-officio member and I report to him
but I also advise the Council. I think your question is great and there being nine (9) Council
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members here with different constituencies,that means there are nine (9) equal clients that are
really one (1) unit. I would ensure that all members are being fairly represented and balancing
those relationships is important. That is different than when you have three (3) Council members
of a town of five hundred(500)people.
Councilmember Dr. Varner asked, There have been times when there has been different
terminology from different Council members on the same resolution. Would you be able to help
synthesize those things?
Mr. Cox replied, Yes, I think you have to be in a position to set a course while setting aside your
own policy ideas. If there are instances with competing language, I would be able to do that. I
was in the State Legislature for three (3) years and one (1)thing I liked about being a lawyer
there was it put me in a position to negotiate what language meant. For instance the use of`shall'
is different from using `may.' I was working on a mobile home law and the people in Benford
County wanted this piece in the legislation about the rural parts of Indiana and a group from
another part was concerned about how that would impact the ability to get rid of mobile home
units in the more urban, commercial part of the State. We had big meetings and we were able to
hammer that out and suggest language where everyone came together and supported it.
Councilmember Dr. Varner followed up, If asked,you would be willing to draft two (2) different
ordinances?
Mr. Cox replied, As long as the Council members have the ability to introduce that ordinance
and they are directing me to do that,then certainly.
Councilmember Voorde asked, Have you in the past worked with Clerk Treasurers in any legal
capacity?
Mr. Cox replied, I work with the Clerk Treasurer all the time. Though my boss is the Mayor, he
works very well and closely with the Clerk Treasurer. He is one (1) of the people who runs the
city. The way in which I work with him is I will have conversations with the Clerk Treasurer
about things going on and then I'll take that and let the Mayor know we had a conversation and
talk about what we would like to do. So,the Clerk Treasurer is an information point but then I
recognize my authority comes from the Mayor. Similar to here, I think I would take insight from
resources of what is going on but my actual direction would come from the Council.
Councilmember Broden asked, How do you feel about this position being an annually appointed
position?
Mr. Cox replied, That is common. Many public entities are moving away from the `lawyer as an
employee' to a contract base. I believe most of our agreements are on an annual arrangement
right now. I am on an annual arrangement with the City of Woodburn. I know that with a lot of
our towns it is the same. It would be customary and as a service, you can hire the service out
under IC-522. But, it makes sense that it would be one (1) so you can review that service and
decide to make changes if that is necessary. So the fact that it is June, it doesn't weigh on me in
particular one(1)way or the other.
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Councilmember Broden gave context to filing deadlines and suggested the days on which she
would prefer the attorney availability would be.
Mr. Cox asked, What sort of hours did the previous attorney keep?
Council President Scott stated, She was usually here around thirty-five (3 5) hours a week, it was
basically a nine (9) to five (5) for her. That doesn't have to be the case because Council isn't here
all the time and we could take advantage of technology, as long as it is effective and efficient
communication.
Councilmember Davis mentioned, We could also meet offsite.
Mr. Podladski asked, What form of compensation would you be looking at? A flat fee, hourly or
a combination?
Councilmember Ferlic replied, We were expecting a contract for a flat fee for services for the
year.
Councilmember Dr. Varner added, If we do a flat fee, we probably should stipulate some specific
hours.
Interim Council Attorney Aladean DeRose gave a brief description of the role and of the time
commitment required.
Mr. Podladski asked, Have there been any matters involving Council litigation?
Interim Council Attorney DeRose explained, There were only two (2). They were both First
Amendment issues. Most of the litigation is handled by the City Administration. Occasionally
the Council is sued. We have had one (1) major litigation between the Council and the City and
that is a very rare occurrence. Both of the cases were issues with the ACLU. There was also one
(1) zoning appeal.
With no other questions from Mr. Cox and Mr. Podladski,the Council excused Mr. Cox and Mr.
Podladski from the interview.
With no further business, Council President Scott adjourned the Council Rules Committee
meeting at 6:10 p.m.
espect fitted;
b
Tim Scott, 1 esi ent
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