ARE YOU ON BOARD?

Lawyers don't come cheap, but in todays economy they are much more competitive and some will be receptive to money-saving payments from park districts. However, before you negotiate with attorneys, you must understand one basic point: It's no bargain to hire an attorney who lacks experience in park district law or who is rarely accessible. Fred S. Steingold practices law in Ann Arbor, Mich., and is the author of The Legal Guide for Starting and Running a Small Business, published by Nolo Press. Some of his ideas shared here are adaptable to park districts.

1. Volume Discounts. An attorney who regularly charges $125 an hour might charge $100 an hour if you guarantee 80 hours of legal work. If your attorney represents more than one park district, you should explore with the attorney sharing costs with other agencies for research or other work products of common interest or concern.

2. Contingent Fees. If you're trying to collect a bill or obtain compensation for a broken contract, maybe your attorney will accept a contingent fee which is usually one-third of the money recovered — only if he collects the money due. However, the attorney will expect out-of-pocket costs. As an alternative, some attorneys might consider charging one-half of their regular fee per hour, plus 20 percent of the monies recovered.

3. Fixed Fees. This is usually appropriate for the completion of a specific legal project. Instead of an hourly fee, the park district would agree to a fixed amount to handle a transaction. For some transactions, your attorney has collected a library of legal forms that can be adapted to your park district.

4. Ceilings. In this situation, your attorney will agree to charge on an hourly basis, but not to exceed a predetermined ceiling on fees. We caution that such a ceiling system works well only if you clearly define the total job your attorney is expected to complete. The attorney will absorb the extra time if a job takes longer than expected.

5. Budgets. Some attorneys will not work with ceilings, but they will provide you with a budget of the estimated costs associated with various steps in stages of a case or project (such as investigation, research, preparation of kwsuit papers, pre-trial discovery and trial). Some procedures are more important than others, and your attorney can advise you as to where time and money can be saved.

6. Retainers. Some attorneys will agree to be on-call, attend board meetings and other duties for a flat, monthly fee.

Pay is a big issue, but the park district attorney is an invaluable member of your agency's team. In the paragraphs that follow, we hear from Robert W Roiek, partner with the law firm ofAncel, Glink, Diamond, Cope & Bush, PC. and a former director of the Round Lake Area Park District for 15 years. Roiek shares some issues to consider when hiring a park district or forest preserve attorney.

Rolek serves as counsel to many Illinois park districts, school districts and municipalities. He is a co-author of the Handbook on Illinois Park District Law, 3^rd Edition, which is available with a companion CD-Rom from the Illinois Association of Park Districts. His firm is an Ambassador-level member of the Friends of Illinois Parks.

6/Illinois Parks and Recreation

BOARDMANSHIP INSIGHTS

Knowledge of Parks and Recreation

The park district attorney should also have some knowledge of parks and recreation. A potential attorney should be asked what he or she does for recreation to give a park district an idea of how practical their advice will be. It is one thing to give legal opinions. It is another thing to make legal opinions work so a park district can achieve its goals.

Does your attorney attend state and national conferences and are they up on the cutting-edge of legal changes in the recreation field?

Legal Knowledge

Park district counsel should be familiar with the following eight areas, which are specifically related to parks and recreation.

• Conducting the Business of the Park District (Record Keeping, Open Meetings Act, Freedom of Information Act, Ordinances, Resolutions and Motions)

• Required Annual Actions (Budget Appropriate Ordinance, Truth in Taxation Hearing, Tax Levy, Prevailing Wage Ordinance, Publication of Meeting Dates, Park District Financing)

• Employment (Employees Right to Review Personal Records, Hiring of Employees, Conditions of Drug and Alcohol Testing, Termination of Employees, Collective Bargaining, Fair Labor Standards Act)

• Property (Acquisition of Property, Lease of Property, Tax Exemption, Disposal, Governmental Property Transfer Act)

• Construction Practices (Hiring Engineers/Architects, Interest in Contracts, Economic Disclosure Requirements, Public Works Contracts)

• Tort Immunities
• Sexual Harassment in the Workplace
• Intergovernmental Cooperation Act
• Gift Ban Act
• Investment Policy

Size of the Law Firm

From a cost-effective perspective, it is very hard for a sole practitioner or a small law firm that does not have any other park districts or governmental entities as clients to serve a park district well. Although it can be done and may save the local park district dollars in paying a local attorney a lower fee, this arrangement should be weighed against me long-range costs of a park district. Often a park district attorney who has several park district clients can demonstrate a less expensive method or a more efficient and effective way of implementing policy.

Legislative Influence

A park district attorney should also serve as legislative lobbyist under certain circumstances. An attorney who has contacts with his or her local elected officials as well as administrative contacts with various state agencies is also a plus for a park district.

Communication

Does your attorney distribute regular white paper reports or summary reports of new legislation and new case law developments? Does the firm produce a newsletter or other informational brochures that would help the park district and staff in their decision-making?

A park district attorney should be required, without charge, to meet with new board members on an annual basis or immediately after an election or appointment for a briefing on the legal role of a board member.

Does your attorney attend your big events (e.g., dedications and ground-breakings) ? Is your attorney knowledgeable about your long-range plans and what you are trying to accomplish in the short-term? Does your attorney know the politics of your area?

Compensation: Retainer Versus Hourly Rate

If a retainer is preferred (although this is not the more common practice in the state of Illinois), it should include: attendance at a certain number of meetings per year, a review of the budget and appropriation ordinances, the taxation hearing documents, the tax levy ordinance, the prevailing wage ordinance and any other required ordinances or administrative procedures. It should also include phone calls if no research or written response is required. Litigation is always billed separately as well as a flat-fee billing for all bond work.

If an hourly rate is preferred, it should be clarified up-front whether phone calls are charged or whether answers to questions that are quickly referenced or known by the attorney are chargeable. It is also recommended that on an annual basis you meet with your attorney and review the billing and what areas of assistance were the most commonly charged. This will help the attorney and director to train staff to lessen the economic impact on specific legal issues.

Although park district law is a serious business, it often brings up very unusual situations or problems. A park district attorney with a good sense of humor is always important in minimizing the tension and issues. In summary, a park district attorney is no longer simply someone who quotes the law but rather someone who is "counsel at law." The best attorneys work to achieve specific goals and have knowledge of their clients' needs and objectives. •

Often a park district attorney who has several park district clients can demonstrate a less expensive method or a more efficient and effective way of implementing policy.

September/October 2000 / 7