Eric Lacy

Lansing State Journal

LANSING -- The city is on the hook for over $19,000 in legal fees incurred before, during and after Mayor Virg Bernero authorized Feb. 25 a $160,000 payout for former City Attorney Janene McIntyre.

Interim City Attorney F. Joseph Abood released Thursday afternoon to the Lansing State Journal a second invoice from the Dykema law firm dated May 9 that shows it charged the city $9,490.50 for 33.30 hours of work from three firm members that took place between Feb. 4 to March 23.

The city previously paid Dykema $9,553 for work done in January. That check, dated Feb. 24, covered 34.8 hours of work from two attorneys: Kiffi Ford and Andrew Switalski. The invoice was dated Feb. 12; the work was done between Jan. 7 and Jan. 29. Ford has since left the Dykema firm for a position as Sparrow's executive director of legal services.

This second invoice covers work from Ford, lawyer Gary Gordon and Steven Liedel, all listed in the invoice as a "participating member" at the law firm.

Each of the three Dykema employees named in the second invoice charged the city a rate of $285 per hour. Gordon charged the city for 16.90 hours of work; Ford tallied 15.90 hours and Liedel recorded 30 minutes, according to the invoice. Abood wrote Wednesday afternoon in an email to the LSJ that the city has not yet paid the second Dykema bill.

The second bill indicates that Dykema lawyers worked on the matter on 13 days in February, including the day the agreement was signed. Gordon also worked 5.4 hours on the McIntyre matter spread over six days in March.

McIntyre's separation agreement called for a lump sum separation payment of $127,567.10 and payment of $33,095.69 for vacation, personal leave and sick time. Bernero and McIntyre have not spoken about the reason for her departure.

Council President Judi Brown Clarke has said she believes the total costs involved with McIntyre's departure from her city position are about $225,000 if they include a year's worth of health benefits and the city's legal bills. Bernero has said under the city's executive employment rules, she was eligible for the vacation and sick time payout and four weeks of severance, which would have totaled some $83,000. He said in a recent radio interview that he gave her an extra $80,000 "so everybody would be happy."

The City Attorney's Office released the second invoice via email in response to the LSJ's Freedom of Information Act request.

The city is late responding to several additional FOIA requests filed by the LSJ. Delays exceed the time limits allowed under Michigan law. One request dates to Feb. 23 and still has not been fulfilled.

Abood wrote in the email Wednesday to the LSJ that the City Attorney's Office is working to gather and review the information requested. The challenge, he said, is to do so with a limited staff that includes four attorneys, three contract staff members and one temporary employee. Abood added the office is currently down "3 to 4 unfilled attorney positions" and responded to about 890 FOIA’s last month.

"We are attentive and mindful of our obligations and while the above is not an excuse, it is a reason," Abood wrote.

Abood's appointment as interim city attorney runs through May 28. Bernero gave Abood a $30,000 raise, to an annual salary of $119,999 in March, making it retroactive to early January.

The City Attorney's Office processes the city's FOIA requests. Abood wrote in Wednesday's email to the LSJ that Bernero's office and other city departments and agencies subject to public records requests "periodically provide feedback" to his office concerning those requests.

"Gathering responsive records, reviewing and redacting information allowed under FOIA, and providing cost estimates take the most amount of time in responding to FOIA requests," Abood wrote.

Clarke has raised concerns about Abood's daughter, Nicole Malson, working in the City Attorney's Office and reporting directly to him. She believes it's a conflict of interest.

Randy Hannan, Bernero's executive assistant, wrote Wednesday in an email to the LSJ that the conflict of interest in the office will be resolved no later than July 1. Hannan added Bernero has the final authority to determine if the resolution of the conflict is satisfactory.

"If it is not, he will take whatever action is appropriate to ensure that it is resolved," Hannan wrote.

Hannan wrote the conflict can be resolved by Malson's contract not being renewed or by a change in her supervision within the department. Another option, Hannan wrote, is for Malson to be hired for a position in a different city department.

"That would require there to be an open position for which she is qualified, that she goes through the applicable hiring process, and that she is successful in being selected for the position through that process," Hannan wrote.

Hannan confirmed Malson's salary is $55,000 annually. Malson is listed on the city's website as office manager and executive assistant to the city attorney and deputy city attorney.

As of Thursday, City Clerk Chris Swope wasn't aware of any formal complaints filed with the city's Board of Ethics.

According to the city's website, the board consists of eight members. Four members are appointed by the City Council -- one from each city ward -- and four are appointed by Bernero. The board meets meets on the second Tuesday of each month, according to the site. But if there is no action before members, Swope said the board often cancels meetings.

Eric Lacy is a reporter for the Lansing State Journal. Contact him at 517-377-1206 or elacy@lsj.com. Follow him on Twitter @EricLacy.