Two city councilmen in Dover voice concerns about the city solicitor.
Councilman Brian Lewis reviewed the legal budget for fiscal year 23 to 24 and found billing exceeded $300 thousand.
The original budget allotted $172 thousand for legal costs, but the city needed over $140 thousand more to account for additional expenses.
Lewis says he believes the cost is being driven up by longtime city solicitor Nicholas Rodriguez outsourcing legal services, which has been common practice in Dover.
“It may be time for the city to bring on board a full time solicitor who is employed by the city and is well rounded with an array of experience and expertise in not only municipal law but labor law and civil litigation. That's my opinion,” Lewis said.
Councilman Roy Sudler agreed with the issues Lewis laid out. Both council members said outsourcing legal services does not have to be the standard.
“I'd rather take that money and invest in someone who's going to work solely for the city… and focus on and master and articulate those legal issues and dilemmas that we're currently facing so that we can cut the cost, save our constituents some tax dollars, and utilize those tax dollars to bring our constituents some relief in the utility bills,” Sudler said.
The solicitor has outsourced legal services including city and police department lawsuits and labor union negotiations.
It’s possible to find an attorney with more comprehensive abilities, Lewis said.
The city solicitor and deputy solicitor are paid by the city through their law firms. City solicitor Nicholas Rodriguez and deputy city solicitor Liam Gallagher work for Schmittinger & Rodriguez and are each paid $230 per hour.
Sudler discovered the solicitor was outsourcing to a law firm where one partner has a lawsuit currently pending against the city and flagged the issue to Rodriguez on August 16 via email.
Sudler said the issue remains unaddressed in council.
“I don't think it's good practice or best practice for the City of Dover to pay a law firm to represent the city with the constituents' money, while at the same time that law firm is currently suing the city in another capacity,” Sudler said. “So it's like we're paying them to sue us, to have means to sue us.”
Lewis’ next step is to set up a meeting with council members, come in with numbers and state his case. He says it’ll take five council members to make a change.
