Troy hires new attorney, holds public talk and saves money
The Troy City Council voted unanimously to approve a contract with the Whitefish firm of Hedman, Hileman & Lacosta PLLP to provide legal services for the city. The primary attorney for civil and contract matters will be Clifton Hayden. Caleb Simpson will function as the city’s prosecutor.
Just two days prior, the Libby City Council voted to approve the contract of their new city attorney, but went about the process in a much different manner. Libby hired its city attorney without publicizing the position, without discussing the matter in a public meeting until the vote and without any costs savings. In fact, Libby’s contract will increase overall costs by at least $15,600.
Troy, on the other hand, handled the process more deliberately.
Troy decided to hire Hayden after beginning public discussion about the new attorney contract in mid-August. The City Council decided months ago that it would benefit the city to change the format of the position – from city employee to outside contractor – to save money.
Troy also put out a call for applications far in advance of the decision, running advertisements for the job opening for three weeks in The Western News and The Flathead Beacon’s online classifieds, as well as posting a request for qualifications on the city’s Facebook page. No other attorneys or firms expressed interest in the position, according to Troy City Clerk Tracy Rebo.
“We treated this opening like we would any city job,” Rebo said. “We thought it would be fair to advertise for it, we just didn’t have a huge budget.”
The firm will not be paid a salary or retainer for the work, but will instead bill the city $100 per hour in 15-minute increments. According to Mayor Darren Coldwell, the city has budgeted $20,000 for legal services, anticipating approximately 200 hours of service. Hayden confirmed the estimate.
The contract of Troy’s former city attorney, Heather McDougall, ended Nov. 26. She was paid a salary by the city of $19,500. According to Rebo, after taxes and benefits McDougall’s total cost to the city was $23,854.
The average annual cost for legal services for a city of Troy’s size is $34,666, according to a 2014 salary survey conducted by the Montana League of Cities and Towns.
Hedman, Hileman & Lacosta, based in Whitefish, also has an office in Eureka. Hayden will only travel to Troy for meetings when the City Council deems it necessary. For most meetings the will use video conferencing technology. Simpson will travel to Troy whenever necessary for court appearances.
The firm provides prosecutorial services for Whitefish and Eureka, as well as general civil representation for Eureka and Rexford. “It’s difficult for smaller cities and towns to pay for full-time representation,” Hayden said. “That’s why we do these consulting contracts, to help them be represented.”
The four-member Troy City Council met on Wednesday evening to discuss and approve the contract. Councilwoman Kimberly Rowse asked for an amendment clarifying the firm’s billing practice to ensure billing would be in 15-minute increments. That amendment was added to the contract before it passed by unanimous vote.