More than a month after its law firm gave notice, the Loxahatchee Groves Town Council remains torn on exactly how to move forward — hire an in-house counsel or seek bids from new firms.
The council had lengthy discussions on the topic at two different meetings this month, and they may discuss it at two more before the month is out.
Current Town Attorney Glen Torcivia announced his resignation June 3. Torcivia’s firm, Torcivia, Donlon, Goddeau & Rubin P.A., has been the town’s legal counsel since 2019.
Rather than looking for a new law firm, the town is considering hiring an in-house legal counsel, and the agenda for the Tuesday, July 1 meeting offered just that possibility, converting a current town consultant with municipal legal experience into the town’s new attorney.
Jeff Kurtz, currently special projects manager for the town, is an attorney who previously served as legal counsel for the Village of Wellington. The July 1 agenda included both a possible contract for Kurtz to replace Torcivia, as well as the budget amendments necessary to make that change possible.
The Kurtz proposal was for a three-year contract with an annual salary of $130,000 a year to start, plus benefits. It envisions a legal department costing approximately $360,000 a year, including Kurtz, a paralegal and hiring outside counsel as necessary for areas that require specific expertise.
While that dollar amount is less than the town would have spent on Torcivia’s firm — which has been averaging in the neighborhood of $400,000 a year for the past several years — it is well more than several council members want to spend.
“This does not save costs,” Councilwoman Lisa El-Ramey said.
Councilman Todd McLendon did not like the benefits package proposed for Kurtz.
Mayor Anita Kane, who has previously supported moving to an in-house counsel, said the proposal may be more than what was budgeted, but less than the actual expenses.
“I do think it will save us money and time in the efficiency of the process,” she said.
Torcivia said that the key stumbling block in bringing down legal costs has been the ever-growing priority list with continually changing points of view, which has led his firm to re-hash the same topics over and over again.
“We thought we could bring the price down, but there were so many new priorities. Every week, a new priority,” he said.
At the July 1 meeting, several council members expressed support for Kurtz, but also wanted to advertise for the position — both in-house and for a law firm — to see who or what was available.
Councilman Paul Coleman said that advertising the position is necessary for the town to do its due diligence.
Kane, however, warned that finding new legal counsel could cost much more than expected at today’s prevailing rates, and Torcivia agreed. He recommended perhaps compromising on the term of the contract, lowering it to two years.
Kurtz, however, said he would need to make major changes should he take the job. He currently lives in Martin County and would need to move.
“If I was going to make that commitment, I would want an equivalent commitment,” he said, adding that there is already a clause in the contract that allows the council to fire him without penalty until the 20-week mark.
After an extended discussion, the council voted 4-1 at the July 1 meeting to advertise the position, with Kane dissenting. Torcivia then agreed to stay on until sometime in August.
However, that changed a bit a week later, when the council met Tuesday, July 8 to continue part of the July 1 agenda that was left unfinished.
During a follow-up discussion with Ramaglia on putting out a request for proposals (RFP) for law firms, McLendon floated the idea of a temporary contract with Kurtz while searching for a permanent firm, and if things work out, deciding to keep Kurtz.
Kane thought that idea was a possible “trial period for an in-house attorney.”
Kurtz, however, did not like the idea as proposed, but was willing to discuss changes to his proposed contract.
El-Ramey did not want to backtrack on the July 1 decision.
“The vote has already been cast. I firmly and strongly disagree with this approach tonight,” El-Ramey said.
In the end, it was agreed that McLendon and Torcivia would meet with Kurtz in an attempt to hammer out a contract that the council would accept.
A special meeting was set for Tuesday, July 22 to possibly ratify a contract.
If, however, an agreement cannot be reached, another special meeting was set for Monday, July 28 to interview possible new law firms.
