City of Rye Wants to Restructure Its Law Department

As Rye deals with ongoing litigation that could cost the city thousands of dollars, it is considering restructuring its law department by limiting the use of costly outside counsel and hiring both a part-time Corporation Counsel and Deputy to handle most of its litigation.

Former Mayor John Carey and Councilman Joe Sack have issued a report suggesting the aforementioned measures as two ways the city can obtain cost-effective and quality legal services.

Carey presented a list of recommendations at Wednesday's Rye City Council meeting.

He said the city should hire a Corporation Counsel and Deputy Corporation Counsel who work three days a week on a host of legal matters for the city, including providing legal advice and services to the city's municipal offices, negotiating and drafting contracts, representing the city in tax certiorari and Article 78 proceedings and monitoring outside counsel.

Both positions would pay at least a combined $150,000, and Carey suggested that both attorneys be equipped to handle a variety of tasks and more of the city's litigation issues.

"We do not think it would be wise to hire lawyers who do not go to court," he said.

Kristin Wilson has been serving as the city's interim Corporation Counsel since January, after Kevin Plunkett, who was being paid $65,000 a year, left the position to become Deputy Westchester County Executive.

The city has allotted nearly $355,000 in its 2010 budget for the law department, a figure that is in line with some neighboring municipalities. An anecdotal survey included in Carey and Sack's report showed that Harrison pays $385,000 for a legal department consisting of four part-time attorneys and two legal secretaries. Port Chester pays a combined $210,000 for one full-time attorney and two contract workers who don't receive benefits, while Scarsdale pays $100,000 for a village attorney who works three to four days a week and an additional $40,000 for another lawyer to assist the village attorney with certain legal matters.

Rye's law department is currently dealing with seven ongoing legal cases, most notably a , who alleges the city owes him $150,000 in unpaid severance and unused vacation and sick time.

The city has spent much of its litigation costs on hiring outside counsel to deal with Article 78 proceedings, which are cases brought to the state Supreme Court by any person who feels he or she has been "severally aggrieved by any order of any officer or department of the City."

Carey said the city paid $60,000 in 2009 to hire outside counsel to deal with these proceedings. He said outside counsel typically charges $315 an hour compared to the city's in-house counsel $205 an hour rate.

Other recommendations in the report include making sure the Corporation Counsel and Deputy do not work at the same firm in order to avoid conflicts of interest, that the Corporation Counsel seek approval from the city by public vote before hiring an outside firm, that the Council consider establishing an approved list of outside attorneys and that it use an outside search firm to hire for the city's two in-house attorney positions.

Council member Joe Sack said the recommendations provide a good outline for how Rye can obtain quality legal services and save money in its budget.

"What we're trying to do is give Rye the best legal representation in the most efficient way possible," he said.