HomeMy WebLinkAbout2025.02.24 Council Special Meeting Packet
AGENDA
City Council Special Meeting
7:00 PM - Monday, February 24, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
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1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment)
to obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call 1-332-249-0718 and use access
code 355 674 749#.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. NEW BUSINESS
3 - 4 (a) Legal Counsel Services Agreement (3 minutes staff
presentation)
Motion A (Recommended): I move to direct the City Manager to
accept a rescission of the Notice of Termination previously received
from Kerr Ferguson Law, PLLC.
Motion B: I move to have the City Council formally accept the Notice
of Termination previously received by the City Manager from Kerr
Ferguson Law, PLLC.
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5. ADJOURNMENT
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AGENDA REPORT
FOR: City Council February 19, 2025
TO: Dave Zabell, Interim City Manager City Council Special
Meeting: 2/24/25
FROM: Dave Zabell, Interim City Manager
City Manager
SUBJECT: Legal Counsel Services Agreement (3 minutes staff presentation)
I. ATTACHMENT(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Motion A (Recommended): I move to direct the City Manager to accept a
rescission of the Notice of Termination previously received from Kerr Ferguson
Law, PLLC.
Motion B: I move to have the City Council formally accept the Notice of
Termination previously received by the City Manager from Kerr Ferguson Law,
PLLC.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
RCW 35A.13.090 requires the City to secure legal counsel either through a
“reasonable contractual arrangement” for professional services or by
appointing a full-time or part-time City Attorney.
Pasco Municipal Code (PMC) 2.15.010 states that the City Manager, with City
Council confirmation, must secure legal counsel through full-time, part-time, or
contractual professional services based on the City’s needs.
Since 1995, the City has contracted with Kerr Ferguson Law, PLLC (KFL) in
some form for City Attorney and legal services. In September 2022, the City
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Council approved Resolution No. 4255, extending the agreement with KFL until
September 2024. Under Section 2 of the agreement, the contract automatically
renewed in September 2024, extending its term through September 2026.
In November 2024, KFL provided the City with 180 days' written notice of
termination as provided for in the contract.
At the February 18, 2025, Regular Meeting, the City Council approved
Ordinance No. 4761, amending the budget to establish an in-house legal
department. During the corresponding discussion, Council acknowledged the
challenges of recruiting an in-house City Attorney while under the current
circumstances and the need for continuity of legal services through a future
transition. Accordingly, Council directed a Special Meeting for February 24,
2025, for additional discussion and action on the KFL contract.
V. DISCUSSION:
With the recent transition in City leadership and the appointment of an Interim
City Manager, KFL has offered to rescind their Notice of Termination and
remain under the current contract through its full term, ending September 22,
2026. Such an extension would provide continuity during the recruitment and
onboarding of a new City Manager while also supporting the City's ongoing
legal workload. Further, it would allow for a smoother future transition to an in-
house City Attorney.
Based on Council discussion and input from Kerr Ferguson Law, there appear
to be two options:
Option A: Accept the offer from Kerr Ferguson Law to rescind the earlier Notice
of Termination based on recent conversations and understandings reached
and maintain the original contract end date of September 22, 2026.
Option B: Formally accept the Notice of Termination of the contract on May 31,
2025.
In the interest of stability, and in recognition of the length of time and effort it
will take to recruit and make functional a staff in-house attorney department,
staff is recommending Option A.
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