‘No reason ... no benefit’: Review chides Clay County for spending on law firms
Ever since the Clay County Commission got rid of its county counselor’s office in 2018, legal fees to outside law firms have escalated with no discernible benefit to the county, according to a review released this week.
Clay County Auditor Victor Hurlbert gave a dim review the county’s spending on two outside law firms, which Hurlbert has pointed out have gone winless in three lawsuits against the county.
Hurlbert’s review said that in 2015, the county spent $268,750 for attorneys it had on the county’s payroll. That same year, it spent $395 in legal fees to the Husch Blackwell law firm.
Since 2017, Clay County paid Husch Blackwell more than $1.38 million in legal fees, according to Hurlbert’s review, an amount that outpaces what the county spent on the county counselor’s office. The Spencer Fane law firm has billed the county $426,372.
When Clay County abandoned its in-house legal staff, routine legal matters like overseeing commission meetings became the responsibility of the outside law firms, which charge the county by the hour.
A majority of the three-member Clay County Commission stripped the county clerk, Megan Thompson, of her responsibility of handling requests for government records from the public, and turned that job over to the Spencer Fane law firm.
The county has also paid those firms to handle litigation against the county. The county has found little success in the courtroom.
“Just an ineffective and waste of county taxpayer dollars for no reason, no investment, no benefit,” Hurlbert said in an interview.
Clay County Presiding Commissioner Jerry Nolte also objects to the reliance on outside law firms, particularly to handle matters that an in-house attorney could manage for less money.
“There should be no problem in finding an attorney in the metro area that would be able to take care of our legal needs,” Nolte said.
Commissioners Luann Ridgeway and Gene Owen, who form a consistent voting bloc against Nolte’s wishes, did not respond to messages seeking comment about Hurlbert’s review.
The Star sent a request for comment to a county spokesperson, who responded after initial publication Friday afternoon with a statement that said Clay County administration learned about Hurlbert’s review from a reporter.
“There are a number of productive ways for the County Auditor to work with Administration staff, but the taxpayers always lose when courthouse quarrels play out in the newspaper,” the statement said.
Hurlbert’s review said cooperation from Clay County administration had “proven to be severely lacking and practically nonexistent.”
The county’s statement went on to say that it will review suggestions and recommendation to become more efficient but that the county’s use of legal counsel “remains consistent in size and cost with similar counties.”
“Importantly, decisions related to legal counsel take into account the nature and complexity of the matters and what puts the County in the best position to full safeguard the taxpayers against frivolous lawsuits and other litigation,” the statement said.
Husch Blackwell defended Clay County when its sheriff sued the county after the commission cut the sheriff’s department budget. The sheriff believed it was an act of political payback after he initially handled an investigation into record tampering involving an assistant county administrator.
A judge ruled that the sheriff’s budget had been cut without justification and ordered the funding restored.
The Kansas City Star sued Clay County for charging the newspaper a Spencer Fane partner’s hourly rate to review his own billing records to the county, in response to a Missouri Sunshine Law request from The Star.
A judge ruled that passing off a law firm’s costs to The Star violated the Sunshine Law. The county is appealing that decision.
“The results of representation have not been in the county’s favor, it doesn’t seem like,” Hurlbert said. “At least for what the commission has wanted.”
This story was originally published August 7, 2020 at 3:48 PM.
