City mulls legal counsel

Proposed outside legal counsel legislation excepts specialized expertise

Avon Lake City Council will look to clarify the use of outside legal counsel.

On Feb. 26 Council heard from members on both sides of the debate of clarifying legislation that reaffirms the role of the law director as the chief law officer for the city and limiting the use of outside legal counsel with the exception of situations requiring specialized expertise.

The legislation stems from a disagreement between the City of Avon Lake and the Avon Lake Board of Municipal Utilities and their right to use outside counsel apart from the city’s law

department headed by Law Director Abe Lieberman.

“The ordinance itself is not really an amendment to the Charter, it’s an interpretation of the Charter. The Charter itself is relatively clear as to what’s required but there was some discussion about it and some issues taken with some provisions in the Charter so this is to be clear that the Charter says what it says,” Lieberman said.

A legal analysis of the proposed ordinance by Akron-based attorney Stephen W. Funk concluded the legislation

was in compliance with the city Charter or Ohio law.

If approved, the legislation would address five different section of the city charter and if approved would codify the city’s position on the role of the law director ant the Board of Municipal Utilities, the use outside council and conflict of interest regulations.

Reading from prepared remarks, former Council-atLarge member John Shondel made his first return to council chambers to speak in support of the legislation.

“From the day after I was sworn-in, until the last meeting of 2017, Monday, Dec. 18, I was painfully aware that the five elected members of the Board of Municipal Utilities saw their role and status as one that was almost totally separate from, and equal to, the role of the seven elected members of Avon Lake City Council. This attitude began long before 2012 and was fostered by at least the current and past two Chairmen of the Board of Municipal Utilities.”

“For my past six years on Council, my colleagues and I tried multiple ways and times to convince the Board of Municipal Utilities that even though they were a separately elected body, they were not a separate political subdivision. And as such, are subject to matters under the purview

of the City’s Law Director, Finance Director and Human Resources Director,” Shondel said.

Utilities Board Members Dana Schnabnel and Tim Rush both addressed Council speaking against the legislation and calling for alternative measures to address

“It is my understanding that this legislation stems largely from a desire for more effective communication between Municipal Utilities, Avon Lake Regional Water and City Council. I do not support the proposed legislation nor do I feel it will have a positive impact on the relationship between Municipal Utilities and City

Council. Furthermore because the legislation proposed involves changes in the charter, I feel the most appropriate measure would be to place this matter before Charter Review (Charter Review Commission),” Schnabnel said.

Rush suggested referring the issue to the voters at a general primary or a special election under section 9A of the city Charter if approved by a two-thirds vote from Council.

“I’ve had personal discussions with many of you on the City Council. This issue obviously, there’s very strong feelings both ways on this thing. Charter Review is one avenue. There’s another avenue besides the

legislation itself,” Rush said. “So there are other remedies and who better to determine the future of this than the residents of Avon Lake.”

The ordinance will get another reading on March 12 after Ward 1 Councilman Rob James declined to bring a motion for passage following a late amendment to the legislation due to a typographical error, citing regulations for passage of legislation to be postponed if there are substantial amendments.

“In light of that, although it’s on third reading, I would respectfully decline to make a motion for passage this evening,” James said.