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P.C. attorney wants $300,000 retainer

PANAMA CITY — Nearly a half-million dollars is set aside for legal services in Panama City, and commissioners Tuesday morning will be looking to gain control of how much will be spent.

City Attorney Nevin Zimmerman, along with members of the Burke & Blue law firm, has proposed a retainer of $300,000 a year to cover the services described in his contract with the city. However, if the firm is inflexible on the price, some commissioners have said they will be looking for new legal counsel.

Zimmerman justified the expense, telling commissioners in a letter it would allow city officials to feel comfortable with contacting him to catch legal issues on the “front end” of litigation.

“Investing more money in your city attorney at the ‘front end’ of legal issues is seen as more cost effective than spending money on attorneys after litigation has been filed,” Zimmerman wrote.

He included a 2013 article in Quality Cities Magazine titled “City Attorneys: A Valuable Resource,” and offered commissioners a second option of continuing an hourly billing agreement at $250 an hour.

Panama City spent about $335,000 on average for total legal services in 2011 and 2012, with $184,092 going to former City Attorney Rowlett Bryant, according to city clerk records. In 2013, while $306,951 went to legal fees, the bills from Zimmerman for April to

November totaled $173,677 — averaging about $22,000 a month.

Commissioner John Kady wanted that number down to $15,000 a month or less.

“That’s $120,000 a year more than we have been paying and it is something I don’t think is acceptable,” Kady said. “And, if you look at what we were paying Rowlett, that was including litigation.”

The retainer only covers work outlined by Zimmerman’s service agreement. Bond work and special projects the commission approved in advance would be billed to the city hourly. Zimmerman also offered a retainer from the general fund with work done on the part of the Panama City Police Department, Community Redevelopment Agency (CRA) and Community Development departments billed hourly from the respective departments professional services accounts.

Kady disagreed the availability of legal counsel to city officials saved the city money in the long run, saying the city staff is competent to handle situations themselves.

“Every time I go to the gym I’d love to have a cardiologist right next to me, but I can’t afford it and I have to rely on my common sense,” he said. “… We’re at a decision point of whether we continue the current relationship we have or go out to recompete it and get some better value for the city.”

Commissioners will convene the public meeting Tuesday at 8 a.m. in City Hall immediately followed by the CRA board meeting.
Commissioners also are scheduled to consider:

— A CRA roof grant of $112,300 for the Buccaneer Beach Motel, Bar & Grill, 711 W. Beach Drive, and a development agreement for 117 condominium units on the property.

— Allocating $35,000 to a residential grant program to repair deteriorated housing in the Downtown North CRA.

— A CRA demolition grant of $1,430 at 514 Maple Ave.

— A PCPD presentation to the CRA regarding new software to increase the efficiency and effectiveness of code enforcement.

— Vacating a portion of alley near First Baptist Church of Panama City, 640 Grace Ave.
 


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