Title
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A Resolution Approving a Retainer Agreement for Village Attorney Services and Authorizing its Execution and Directing Staff to Prepare the Necessary Budget Amendment.
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Introduction
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The purpose of the retainer agreement is to retain Elrod Friedman LLP as the Village Attorney for the Village of Oak Park.
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Recommended Action
Adopt the resolution.
Prior Board Action
The Board approves the engagement of a number of attorneys/law firms for legal services on an annual basis. In addition to a number of other firms, Elrod Friedman has been previously authorized by the Village Board to handle specific legal matters.
The Board has taken the following prior action(s):
• On December 3, 2024, the Board adopted resolution 24-349, approving the engagement of attorneys/law firms for legal services to be performed on behalf of the Village of Oak Park in the 2025 fiscal year.
• On January 23, 2024, the Board adopted resolution 24-106, approving the engagement of attorneys/law firms for legal services to be performed on behalf of the Village of Oak Park in the 2024 fiscal year.
• On December 5, 2022, the Board adopted resolution 22-297, approving the engagement of attorneys/law firms for legal services to be performed on behalf of the Village of Oak Park in the 2023 fiscal year.
Background
Elrod Friedman LLP has been providing legal support to the Village of Oak Park for a number of years. The firm has a history of providing attorney support specifically to a number of Village commissions, including the Plan Commission and the Historic Preservation Commission. In the summer of 2024, following the departure of the Village Attorney, the Village Manager engaged with Elrod Friedman to provide interim Village Attorney services while the Village determined the timing and feasibility of conducting a recruitment for the permanent Village Attorney position. This engagement was authorized under the previously approved RES 24-106.
Attorneys from Elrod Friedman have been providing excellent service, and in the interest of continuing the engagement with Greg Smith, at a better value to the Village, staff recommend the conversion to a retainer agreement. This will reduce and standardize Elrod Friedman's billing, creating more consistency, in line with all-in-costs for a full-time permanent Village Attorney. In doing so, Greg Smith will serve as the Village Attorney, provide more direct oversight of the Village’s law department, and integrate more directly into day-to-day Village operations. The agreement can be terminated by the Village at any time.
Timing Considerations
There are no specific timing considerations associated with this item.
Budget Impact
This item will be primarily funded through salary and benefits savings from the vacant Village Attorney position in the Village’s budget. Additional funds will be provided through the Law Department external support account no. 1001.41070.101.530667. Upon approval, staff will submit a budget amendment for new funding as the staff turnover contrafund accounts for position vacancies.
Staffing Impact
By adopting a resolution approving a retainer agreement with Elrod Friedman LLP, and retaining Greg Smith as the Village Attorney, the law department staff will have staff with strong legal experience overseeing day-to-day responsibilities and work products. Elrod Friedman staff will provide more direct professional development and supervision to the Village’s two assistant village attorneys.
DEI Impact
There is no DEI impact associated with this item.
Community Input
There has been no community input given in relation to this item.
Staff Recommendation
Adopt the resolution.
Advantages:
• Consistency of services
• Law Department oversight and professional development
• Consistency of expenses
• Stronger integration into Village operations
Disadvantages:
• The cost is greater than the currently budgeted Village Attorney position
Alternatives
Alternative 1:
Maintain the status quo
Advantages:
• There are no advantages to this alternative
Disadvantages:
• Legal costs fluctuate, though are generally more costly
• Continued lack of direct integration between Interim Village Attorney and Village operations
Anticipated Future Actions
There are no anticipated future actions in relation to this item.
Prepared By: Kira Tchang, Assistant Village Manager/HR Director
Reviewed By: Ahmad M. Zayyad, Deputy Village Manager
Approved By: Kevin J. Jackson, Village Manager
Attachment(s):
1. Resolution
2. Retainer Agreement