In an unexpected move, the Port Orchard City Council approved an ad hoc committee to review the hiring process for legal services.

The action came at the Sept. 23 meeting after Councilwoman Bek Ashby had an item added to the agenda to discuss the hiring process for a city attorney.

Ashby, along with Councilwoman Cindy Lucarelli and Councilman Jeff Cartwright, will make up the ad hoc committee, which was unanimously approved by the council.

The council’s action seem to confused Mayor Tim Matthes, who had placed an item on the agenda to form an ad hoc committee to review the city attorney’s position and whether it should be in-house or contracted out.

“I brought this issue up for the process, so we can define the hiring process,” Ashby said. “The other ad hoc committee was for if it was to be in-house or contract.”

Ashby said after she reviewed the staff report on forming an ad hoc committee by the mayor, she realized that the city did not have a procedure in place for selecting a city attorney.

She said her concerns were about the process, how it was going to be advertised, qualifications and interview process and procedures.

According to the Municipal Research and Services Center (MRSC), Ashby stated the council can establish a process the mayor must use when filling a position. If the council approves a hiring process, it needs to be followed by the mayor in making a selection.

“I felt it was prudent for the council to have a discussion on what procedures we would like to see in the selection process for the city’s legal council,” Ashby said.

Councilman John Clauson said “homework” needs to be done to develop a recommendation and advised the council to form an ad hoc committee that could research and make a recommendation on procedures.

He said it’s the council role to identify the responsibilities of the city attorney.

“Our city code lays out some things the city attorney is supposed to be doing and we can have that reviewed as well if we are going through that process,” Clauson said.

Councilman Jerry Childs said he agreed with Clauson with forming an ad hoc committee, but would like it discussed during a council work study session. Clauson agreed that a work study session would give the council an opportunity to review the ad hoc committee’s recommendations.

Childs said many law firms have plenty of resources along with high hourly rates.

“McGavick Graves wasn’t working pro bono, but they were awful low considering what they did for us,” he said. “Our chances of finding that again may not be all that great.”

Cartwright said he understands Ashby’s motion to discuss the process and procedure for hiring a city attorney.

“Whether they are in-house or contracted out is a different issue,” Cartwright said.

He said the council needs to look at the challenges the city will face in the future when selecting a city attorney.

City Attorney Carol Morris said she could gather information and data on different hiring procedures from other cities and report back to the council.

Matthes said he wanted an ad hoc committee to provide legal counsel to the city that included himself, two councilmembers and two city staff members.

“That is what I put it on the agenda for,” Matthes said. “We actually need to start working more together than apart. And if you pick three (councilmembers) and start doing that, I don’t think it will work. You guys decide to do whatever you want to do.”

“If we were already working together, Greg (Jacoby) would still be here,” Childs said.

Mayor withdraws motion

After acting on Ashby’s motion, Matthes presented his motion to form an ad hoc committee to review the city attorney’s position and whether it should be in-house or contracted out.

“I think it is a moot point,” Matthes said.

“Why is it a moot point” asked Clauson. “They are two different subjects.”

Clauson explained that the council’s ad hoc committee was formed to look into the hiring process for a city attorney.

“You’re asking for a committee to be established to consider whether the attorney should be in-house or contracted out,” said Clauson.

Matthes said the city needs to start the process of hiring legal counsel.

“In here, I also put in whether it should be in-house or contracted out,” Matthes said. “It’s one package deal. It was my intent that the committee would decide what they recommend and we would move right in to the process of hiring,”

Chang said the council’s ad hoc committee also could address whether the city attorney should be in-house or contracted out, and look at other issues.

“Is there any protocol to guide the council when the administration or the mayor seems to be going in separate directions,” Chang said.

Ashby said there are two separate issues.

“I am not opposed to the ad hoc committee discussing whether the city attorney should be in-house or contracted,” she said. “That is completely separate on how we are going to advertise and interview, and what that process is going to be.”

The council agreed both issues are different.

“It seems like we’re running over and plowing the same field in two different directions,” Matthes said.

Clauson noted that the staff report stated an ad hoc committee — comprised of the mayor, two councilmembers, city treasurer and human-resource coordinator — would be formed to review whether the city attorney should be in-house or contracted.

“Should that be done before the three-member ad hoc committee meets?” Matthes said.

Clauson explained that one committee would examine the hiring process, while the other would address whether the city attorney should be in-house or contracted.

“I can see where that can be confusing,” Matthes said. “My intent was to move through the whole process. Decide first which way we were going to go, then move to the process.”

Clauson, Ashby, Lucarelli and Cartwright said they read them as two separate issues.

Matthes withdrew his motion.

“I don’t want to bring the treasurer, human-resources coordinator in for extra overtime until I see what the process is,” he added.

Clauson asked the mayor if he wants the ad hoc committee to look into whether the city attorney should be in-house or contracted.

“I think you should,” Matthes said. “I think you should decide that before you go any further.”

Clauson asked Matthes it the committee would need input from the mayor and city staff. The mayor did not reply to Clauson’s question.