County reject’s city’s request on lawyer
The City of Marietta will not be able to retain a particular law firm if it ever decides to sue Washington County over a sewer dispute after county commissioners denied a waiver involving a conflict of interest.
“It appears that from 2011 to the present date, roughly $646,449 has been spent with that particular law firm (by the city),” Feathers said. “It clearly appears that there is a very deep relationship with the taxpayers of the city of Marietta and this law firm.”
The three Washington County Commissioners unanimously voted at their regular meeting Thursday to deny a signature on a waiver request from the city, which asked for county approval to retain a law firm for any potential special litigation.
Though city officials note that there is still not any movement of possible litigation between Marietta and Washington County, the conflict of interest relates to any representation in regards to the Devola/Oak Grove sewer conflict.
“We’ve both used this firm before, and they’ve requested us to waive any conflict of interest so they can use this firm if they decide to sue us,” said Washington County Commission President David White. “And we’ve said ‘no.'”
The law firm of Squires, Patton and Boggs is an international law firm with locations in Ohio and some 1,500 attorneys worldwide. The firm has represented both Washington County and Marietta for a variety of legal work.
“I’d make a motion to deny the waiver of the conflict of interest…if for no other reason than to save the city of Marietta taxpayers money,” said Washington County Commissioner Ron Feathers. “If the city sues the county, there’s nothing we can do to stop it, but maybe they could find a cheaper law firm.”
An intergovernmental agreement made in 2011 set up a timeline to hook up Devola, in addition to Oak Grove, to the city’s sewer system. Though some of the project was completed, remaining Devola households left in subsequent phases were never started.
Ongoing debate about costs and the city accusing the county of breaching compliance has resulted in meetings with representation for both governments to avoid a lawsuit by the city.
“It’s just a formality for planning purposes, there has not been any threatening of litigation or anything like that on behalf of the city,” said Marietta City Law Director Paul Bertram. “The city really wants to work with the county, but if something would happen, everything needs to be lined up and in a position to move forward.”
An agreement between the county and city was signed in 2009 that stipulated that this particular firm would not be retained for this type of special litigation.
Bertram said the city sent the waiver to the Washington County Prosecutor’s Office in August to request the waiver, which if signed, would allow Squires, Patton and Boggs to represent the city anyway.
Marietta City Law Director. Paul G. Bertram
“It is my understanding that the county commissioners are not allowing him (Washington County interim Prosecutor Kevin Rings) to sign it,” Bertram said. “It basically means if this would ever go to litigation, we’d have to find another firm to represent the city.”
County commissioners noted in their meeting Thursday that they had requested public records about how much money Marietta has paid to the firm for various legal services.
“It appears that from 2011 to the present date, roughly $646,449 has been spent with that particular law firm (by the city),” Feathers said. “It clearly appears that there is a very deep relationship with the taxpayers of the city of Marietta and this law firm.”