Council wants a look at attorney’s office

Deirdre Newman

The City Council approved an independent review of the structure of

the city attorney’s office Tuesday.

The review was initiated by Mayor Gary Monahan, who said he wanted

to get a better sense of the operations of the city attorney’s

office.

“I don’t know what’s going on in that office and have never been a

big proponent of going outside, but I want to get an independent

recommendation to see if it’s staffed properly and if it’s budgeted

properly,” Monahan said.

Monahan said the review was not related to the litigation the city

faces from City Atty. Jerry Scheer, who is on a leave of absence

without pay. On Tuesday, the council approved an extension of his

leave of absence until Nov. 16.

Scheer, 63, filed a tort claim, the first step of a $5-million

lawsuit, against the city on April 24. He made 29 claims, including

violation of the Family and Medical Leave Act, slander, libel and

retaliation. In September 2002, Scheer was placed on administrative

leave pending an investigation five months after he was cleared of

allegations by Senior Deputy City Atty. Marianne Reger.

The council had requested a review of the attorney’s office from

Acting City Atty. Tom Wood in February and received the report at the

end of June. In the report, Wood recommends the city continue with

its existing method of using an in-house city attorney versus

contracting out for legal services.

Wood suggests waiting until the situation with Scheer was resolved

for a more definitive evaluation of ways to increase efficiency and

decrease total costs. He recommends finding a legal specialist to

take over the code enforcement and civil defense for most cases,

without hiring an additional staff member.

Other council members supported Monahan’s request for an

independent review.

“I think it’s difficult to ask someone in an office to do a

thorough analysis of if that office should exist,” Councilwoman Libby

Cowan said. “I have some concerns about the structure of the city

attorney’s office.”