By Myrna Trauntvein
Times-News Correspondent
Does a city need an attorney or not?
That is a point of debate among city council members and
Mayor Bryce Lynn.
It is unclear, if a future debate were to arise and a
vote be called for, just who would win in the conflict.
New council member, Quinton Kay, consulted the town's
sometimes attorney on whether a decision made by the former
council could be rescinded.
"Phil Lowery is not our attorney," said Lynn.
Lynn charged that Lowery had cost the city lots of money,
which the city could ill-afford, and had not provided the
reliable counsel the city needed.
In addition, he said, it was wrong of council members to
continue to seek his advice on legal matters.
"We do not have an attorney," said Lynn.
Earlier on, he said, the council had agreed they would
not consult the attorney so frequently. "We agreed that we
would not go running to him over every little thing."
Then it was decided that the city could not afford the
fees charged and that Mona did not have a city attorney.
He said that, in his opinion, it was wrong for Doran Kay,
former council member, and now for his brother, Quinton Kay,
to go to the attorney and ask his opinion without obtaining
council permission in advance of the visit.
Lynn said that it was decided that no one would talk to
the attorney but Lynn, as mayor, and then others had been to
see him or had called him.
"It is just not right. It happens just like this (Kay's
phone call) and it should not be done," he said. "You had no
right to do this."
Kay said he would be willing to pay the bill to Lowery
for the consultation.
"You should," said Lynn.
"I will. Send the bill to me, if one comes, and I will
pay it," said Kay.
Regardless, he said, it was his opinion that the city
council consider hiring an attorney to represent the city.
It would be better to pay money to the attorney to keep the
city out of trouble than to not pay the attorney and then
have an expensive lawsuit filed against the city.
Lynn said the city had paid a great deal of money to the
attorney but the attorney did not stand behind what he told
council members and the mayor.
Lynn said Lowery kept changing his advice.
Paying more than $20,000 to have the attorney work for
them on a single issue was not something the city should
need to pay.
"That may be because he doesn't have a clear idea of what
is wanted because he gets mixed ideas from the council,"
said Harry Newell, council member.
He said the council, to his way of understanding, had
decided not that there would be no attorney at all but that
Lowery would be the city attorney and would be consulted on
an as-needed basis.
"If he is not our attorney," said Kay, "we need to write
him a letter and tell him that his services are no longer
wanted."
Nonetheless, said Kay, he thought the council still
needed an attorney, if not Lowery, then someone else.
Rick Kolsen, council member, said he also agreed that
having an attorney would be wise. It would be a safer
operation for Mona to have an attorney on board and to spend
a little money, on behalf of the city, to assure that the
city was legal in its actions.
Cory Squire, council member, said the city could not
afford to consult any attorney frequently. It was much too
expensive to do so.
There were ways to get attorney advice, said Lynn,
without having to pay large hourly fees. One of those, he
suggested, was to consult with attorneys which work for the
League of Cities and Towns.
Jennifer Dodge, a resident of Mona, weighed in on the
side of having a lawyer represent the city.
"I really have no preference," said Dodge. "But I really
think you need to decide who your attorney is."
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