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Law director rejects Youngstown councilwomen's measure to hire outside counsel
YOUNGSTOWN
City Law Director Martin Hume is refusing a request from two councilwomen to prepare legislation allowing council to have up to $40,000 for outside legal counsel.
Councilwomen Annie Gillam, D-1st, and Janet Tarpley, D-6th, didn’t disclose the reasons for the request to Hume in writing. The request would be subject to approval from the board of control if council votes in favor of it at a Tuesday special meeting. Neither councilwoman could be reached Friday by The Vindicator to comment.
The request likely comes as a result of a split on city council about who has the authority to appoint the downtown-events and special-projects coordinator — council or the mayor.
In a Friday letter to Gillam and Tarpley rejecting the request, Hume wrote that the request for legislation was “disapproved” because the city charter calls for the law director to be the attorney for all city officers, and city council doesn’t have the right to sue.
“With respect to the question of whether council may appoint a coordinator of events and special projects, the law director has provided an opinion that it cannot” because the charter allows council to hire only council clerks, Hume wrote.
“This opinion is based upon the express words contained in the charter and not influenced by anything other than my professional legal opinion based upon my legal training and experience,” Hume wrote. “Thus, there is no conflict of interest which would require me to recuse myself in this matter, or justify the hiring of outside council.”
Even if council approved the legislation, it would be up to the board of control — Hume, Mayor John A. McNally and Finance Director David Bozanich — to hire a law firm. With that board’s members opposing that move, the legislation wouldn’t be enacted.
This is similar to when city council voted May 21 to have the board of control hire a Westlake firm for ward redistricting and board members refused to consider it.
Council unanimously voted Aug. 20 to give hiring power of the coordinator to the mayor — even three members opposed it but still approved it as part of the agenda after failing to seek a separate vote on the issue. After the vote and the mistake was realized, an attempt to reconsider the measure failed for a lack of majority.
In addition to an attempt to hire an outside attorney, Gillam is sponsoring legislation for Tuesday’s special meeting rescinding the ordinance approved last week to give hiring authority over the downtown coordinator job to the mayor.
When asked Friday if he’d veto the proposal by council if it rescinds its vote on who hires the coordinator, McNally said Friday, “I don’t know if I have to do anything because based on the law director’s advice, they don’t have the authority to hire anyone to this position.”
If it came to a veto, council doesn’t have the votes to override it. It would need five of its seven members to overturn a veto, and Councilmen Mike Ray, D-4th; Paul Drennen, D-5th; and John R. Swierz, D-7th, support McNally’s position that as mayor he hires the person for that job.
McNally is accepting applications for the post, which pays $41,000 annually, until next Friday. He will select a five-member panel to review the applicants and recommend three or four finalists. McNally expects to make his selection by Oct. 3.
The position last was held by Lyndsey Hughes, who resigned, effective May 21, as part of a settlement agreement related to her being sexually harassed on the job by DeMaine Kitchen, the former chief of staff/secretary to the mayor. Hughes received $72,000, and her attorneys got $48,000 as part of the settlement.
City council is meeting at 4:30 p.m. Tuesday to approve a charter amendment that would reduce the number of wards from seven to five if the citizen-initiative charter amendment has enough valid signatures to get on the Nov. 4 ballot.
A majority of council’s seven members don’t support the proposal, but those who didn’t approve it at the Aug. 20 meeting say they’ll vote Tuesday to put it on the ballot.