Attorney office sparks debate

By Christopher Caskey / The Citizen

Friday, March 7, 2008 12:05 PM EST

AUBURN - Numerous department heads and members of Auburn City Council expressed Thursday that the city would benefit from a full-time corporation counsel. During a work-session meeting, city officials debated whether there is a need to change the office's structure.
Three councilors are interested in having the city be represented by one, full-time attorney. But City Manager Mark Palesh and Councilor Matt Smith want it unchanged, with local attorneys John Rossi and Andrew Fusco working part-time.

Councilor William Graney said many city departments heads desire more accessibility from the corporation counsel office.

“It is just hard to get an answer to a question when you have a corporation counsel working 12 hours a week,” Graney said during the meeting.

Three department heads at the meeting - Police Chief Gary Giannotta, Fire Chief Mike Hammon and Comptroller Lisa Green - all stated a preference for a full-time attorney. While all agreed that Rossi and Fusco provide quality service, they said a full-time staff would be more available to address legal concerns.

“A lot of times, when I need an answer, I need an answer,” Giannotta said, adding he often has to call Rossi or Fusco outside of work hours. “They are dealing with city business on personal time. That is not fair for them.”

Hammon said he most often deals with the city attorneys on labor-related decisions. If city officials decide to bring a full-time counsel, he hopes the person “has a labor background,” he said.

But Smith pointed out that the city has not experienced any major losses or lawsuits due to this format. And cities such as Watertown and Cortland have part-time attorneys, he said.

“Why do we want to change?” Smith said. “We're getting a pretty good bang for our buck with these two.”

After the meeting, Smith warned that a new, full-time attorney could be appointed for political reasons.

“We need to be stewards of the people, not to reward political loyalty,” Smith said.

During the meeting, Palesh said he was planning to budget for a staff of part-time attorneys. One reason is that he does not want department heads to call an attorney every time they face issues, he said.

The city is getting a great deal with each counselor working for $91 an hour and the newly-created human resource department handling many issues formerly handled by the city attorney, Palesh said.

“Anyone who knows about law knows that a $91 attorney is quite a bargain, especially one with the experience that they have,” Palesh said.

Rossi and Fusco, who were both present, said they want to continue.

“I respect my colleagues' concerns about accessibility,” said Rossi, who added that he fields hundreds of e-mails a month and does not mind taking calls at his private office. “Both (Fusco and I) are available by means of telecommunications at all times.”

In other news:

* Councilors discussed proposed amendments to the dog ordinance, which received its first reading. Councilors raised specific concerns over changes that would call for dogs to be restrained by a six-foot leash and would make it illegal to leave a dog outdoors without supervision, even in a fenced location.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net.

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There are 1 comment(s)

stevedallas wrote on Mar 7, 2008 2:07 PM:

" “A lot of times, when I need an answer, I need an answer,” Giannotta said, adding he often has to call Rossi or Fusco outside of work hours. “They are dealing with city business on personal time. That is not fair for them.”
Dont worry Gary they will bill for there extra time !!!

“Anyone who knows about law knows that a $91 attorney is quite a bargain, especially one with the experience that they have,” Palesh said. Then why cant they do the union contracts? "

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