With its city attorney position newly vacant, a divided Nogales City Council voted last Wednesday to fill the gap by contracting the services of a Scottsdale-based law firm for the city’s legal needs.
The agreement with Pierce Coleman PLLC, approved by a 4-3 vote, came only a couple days after former City Attorney Joe Machado officially left the post following his termination.
The City of Nogales had not opened up its attorney vacancy for potential applicants prior to contracting Pierce Coleman. It was unclear if or when city officials planned to hire an in-house attorney.
What’s more, the approved measure raised concerns among some council members who questioned whether staff currently employed within the city’s legal department would be able to keep their jobs.
“I can’t say what’s going to happen. We just made this commitment and we’ll go from there,” Mayor Jorge Maldonado told the NI days after the council’s vote. “We wouldn’t have considered this option if it wasn’t in the best interest of the city.”
The City of Nogales’ agreement with Pierce Coleman, effective April 1, consists of a monthly $15,000 flat fee for legal services, city documents show.
The approved measure consisted of four “yes” votes: council members Liza Montiel and John Doyle, Vice Mayor Hector Bojorquez, and Maldonado. Those who opposed the measure were council members Saulo Bonilla, Octavio Gradillas, Jr. and Esther Melendez-Lopez.
“We can’t just make a decision and not take a minute and say what’s going to happen,” Bonilla said, requesting that the council postpone any action on the matter until city officials could determine the outcome for staff within the legal department.
Days after the meeting, the future of the city’s legal department remained unclear.
Speaking to the NI last Friday, firm partner Justin Pierce said his team would be meeting with the city’s legal department to determine how to move forward.
“We’re gonna take some time to assess the needs and implement what the council wants to see,” Pierce said, noting that there likely wouldn’t be a definitive answer until May. “We want to take it judiciously and make sure that the transition is smooth and provides for the best legal service for the city.”
‘Let’s pull the reins’
Currently, the City of Nogales has four employees listed within its legal department: Deputy City Attorney Anna Montoya and three legal assistants. Former City Attorney Joe Machado left his post on April 7 after the council terminated his employment with a 4-3 vote.
During the council’s April 10 meeting, Pierce talked about the services that his firm would provide for the City of Nogales, and fielded some questions from council members.
"The staff that's already here in the legal department, are they going to be able to stay? Keep their jobs here?” Bojorquez asked at one point. “That’s one of my concerns.”
City Manager Roy Bermudez said any response to Bojorquez’s question would be too premature at the moment.
For his part, Pierce noted that his firm could potentially need a prosecutor and legal assistant within the City of Nogales.
“Outside of that, it is not necessary for our purposes, so it's really up to the council at that point,” Pierce said in reference to the city’s legal employees.
He noted that Pierce Coleman could provide city officials a recommendation, but the council ultimately had full authority and control over its staffing matters.
“We’re happy to work within the framework that you outline for us,” Pierce said.
But Bonillas urged the council to consider postponing the item to allow further discussion about the future of local employees. Similarly, Gradillas argued that rushing into the agreement without exploring other options would be a disservice to the community.
“Let's pull the reins on it and take a look at it from a bigger picture and determine what is in the best interest of the city,” Gradillas said. “Maybe (Pierce Coleman) is the best. I'm not saying they're not. I'm just saying we need to look at options.”
He added: “I want to make sure that the community knows that we’re looking into this and we’re doing our due diligence (going) forward.”
Pierce reminded the council that if they approved the agreement that evening, the agreement still stated that the city could terminate Pierce Coleman’s services at any time without penalty.
‘A win-win’
Other council members didn’t see a need for postponing approval of the agreement, considering some positives were already clear.
For one, Montiel said, the city wouldn’t need to cover benefits such as insurance or retirement for an in-house attorney. And meanwhile, the city would have access to the wide range of services and law areas that Pierce Coleman specializes in – like employment law.
“This is almost like a win-win for the city, I believe,” she said.
Speaking during the meeting, Pierce also noted that the firm would be working for the city’s benefit, not for individual council members. For instance, he said, council members wouldn’t be able to seek legal advice on public matters, then keep it secret from other members.
Some members questioned whether there were potential conflicts of interest, considering Pierce Coleman also conducts work for Santa Cruz County. (In February, the County Board of Supervisors approved a contract paying Pierce Coleman $8,000 a month to manage misdemeanor cases for the county.)
But noting the firm’s work for other neighboring governmental entities, including intergovernmental agreements, Pierce assured there was no conflict with the City of Nogales and Santa Cruz County.
“We're just here to do what's in the best interest of the city. If there was a conflict of interest that arose in that context, we would bring it to your attention,” Pierce said.
Minutes before voting in favor of the agreement, Doyle noted: “I think this is the best solution we could’ve dreamt up.
Pierson Coleman
In a letter written to Bermudez, Pierce noted that the flat fee of $15,000 per month was a "win-win" for both parties.
“The current fee that we have proposed is at, or perhaps slightly below, what the city currently pays for its city attorney, taking into account salary and benefits,” Pierce wrote in his letter. “It is also in line with the fee our firm charges for work in similarly situated municipalities.”
According to the agreement, the city will pay for all out-of-pocket expenses that the firm incurs on the city’s behalf – including filing fees, travel expenses, courier services and photocopying. Any costs exceeding $250 must be approved by the city beforehand, the agreement states.
The agreement also affirms that the city can terminate the agreement at any time without penalty.
Pierce Coleman currently operates out of two main offices: one in Scottsdale and another in Mesa, according to Pierce’s letter.
Attorneys at the firm, the letter states, have previously served or continue to work as city or town attorneys for 19 Arizona municipalities – among them, Prescott, Glendale, Sedona, Page, Yuma, Chandler and Cottonwood. The firm’s attorneys represent those municipalities and provide all legal services required by local codes and state law, the firm’s webpage states.
In his letter, Pierce noted that the firm expects several of its members to work with the City of Nogales, but it would be helpful for the city to establish a primary and secondary point of contact for attendance at council meetings and to coordinate the city’s legal work.
“We fully expect that the city will be pleased with the quality of our work and will come to have a high level of confidence that the city’s legal department is in good hands,” Pierce wrote.