Panel defers action on council having own attorney

A proposal for the Common Council to hire its own independent attorney was brought up for discussion recently, but no action was taken by city lawmakers.

Alderwoman Maryann Mills, DWard 7, requested $10,000 be taken from the city’s contingency budget to allow the council to hire independent legal counsel. She said the money was included in the city’s 2016 budget but was removed from this year’s spending plan.

“It has been confirmed that funds are available,” Mills wrote in an email to Common Council President James Noble and the City Clerk’s Office.

The request was taken up by the council’s Finance and Audit Committee last week, but Mills was not at the meeting.

Instead, Council Minority Leader Deborah Brown, R-Ward 9, led the committee discussion. She said the council might not want to hire its own full-time independent counsel but could need its own attorney for specific cases. Brown said the council might need a second opinion over what is provided by the city’s corporation counsel.

“I think it’s something we need to address,” Brown said.

The corporation counsel, currently Kevin Bryant, is hired by the mayor.

Noble said there is no provision in the city charter giving the Common Council the power to hire its own attorney. If that is something the council wants to pursue, he said, there would need to be a proposed charter change voted on by residents of Kingston.

Brown asked how often the corporation counsel gets a second opinion.

“All the time,” Bryant responded, adding that if the council wants a second opinion on a matter, his office will facilitate that.

Bryant also said the council needs to determine if it wants its own attorney or someone to consult on a case-by-case basis.

City resident Joseph DiFalco said what Mills asked for was not unreasonable. He said Assistant Corporation Counsel Daniel Gartenstein has been challenged in the past over who he represents in the city.

Brown ultimately said she wanted to research the issue further.

The committee agreed to defer further discussion.