It appears likely that the Town Council will at least consider issuing a Request for Proposals (RFP) for law firms to provide legal services to the town.

While no formal vote could be taken at a study session on June 14, it appears enough council members expressed at least an interest in bringing the issue back for a formal discussion and consideration at a regular session.

Mayor Linda Kavanagh and Councilman Cecil Yates carried the argument supporting a potential change to the current legal services program.

“This is not about a difference of opinion (with Town Attorney Andrew McGuire),” Yates said. “I feel we are paying too much.

“We have no written contract that we review periodically. What are our checks and balances?

“Legal costs are increasing and our revenues are not.”

The town does not have a formal contract with McGuire’s firm, Gust Rosenfeld, but instead uses a “letter of engagement,” similar to having the firm on retainer to the town.

“The reason we have no contract is that I wanted you to have the opportunity to leave without feeling bound by a contract,” McGuire told the council.

“I don’t want to put you in a position where you feel you have to wait until the end of the year to terminate our agreement.”

McGuire added that if the council members are not comfortable with the advice he is giving there is no point in him working for them.

“We are satisfied with the quality of your work and the service,” Kavanagh said. “It is just a matter of making sure we are getting the best for our money.

“It will not hurt to put it out there and see what is available.”

Kavanagh added that it does seem at times McGuire goes to extremes with legal matters. She cited an issue with MCO for fill dirt from Adero Canyon needed for the planned trailhead.

Kavanagh said MCO was willing to just dump the dirt there with no legal strings. McGuire wanted a formal agreement. He said that is to protect the town from any liability that went along with putting the dirt on town property.

Councilman Dennis Brown wondered whether it was simply a matter of having more efficient and better communication between the council and attorney.

Kavanagh noted that more communication is likely to cost more money, something she insisted she is trying to avoid.

Vice Mayor Henry Leger called the discussion a “waste of time.”

“The level of (legal) expertise is important,” Leger said. “When I have a question I ask a question.

“Based on his experience (McGuire) may be more cautious than someone with less expertise.

“I don’t think we have a problem. I’m not in favor of the RFP, I think it totally unnecessary.”

Councilman Nick DePorter said that while he is satisfied with legal services, he has no problem with putting out the RFP for consideration.

Town Administrative Services Director Dave Trimble researched other communities and made a presentation to the council.

He evaluated the legal services structure of nine other communities in Arizona of similar size to Fountain Hills (population range 14,000 to 43,500).

Trimble concluded that based on his research Fountain Hills legal costs are in the lower third of the nine communities studied. The annual cost for Fountain Hills is approximately $300,000. Staff has budgeted $335,000 for the upcoming fiscal year.

He found that “in-house” legal staff for those using it averaged 2.8 full-time equivalent employees.

He also noted that the Town of Sahuarita switched from contracted to in-house legal staff in 2006 and since then costs have increased 44 percent from previous levels.

Trimble noted that the cities and towns use a number of options and it is difficult to find a near equal comparison.

Kavanagh noted that she did not think Trimble’s report provided her the information she wanted.

“We can’t make a decision here, we need to put this on an agenda,” Kavanagh said. “I want to be sure we can’t to (legal services) for less money.

“People do ask me about (cutting) the cost of legal, and I don’t have answers.”