Lansing Charter Commission looks at hiring law firm owned by MSU trustees’ chair

FRIDAY, July 26 — Lansing’s Charter Commission will decide next week between two law firms for legal counsel, one of which is owned by the chair of the Board of Trustees at Michigan State University.

Dan Kelly, a Republican trustee elected president in March, is president and founder of Kelly Law Firm, of Auburn Hills. It and Cummings, McClorey, David and Acho, of Grand Rapids, were the only two firms to submit proposals to the commission, which is scheduled to vote Tuesday on its choice.

Moreover, Commission Chair Brian Jeffries’ law firm, Jeffries and Associates, has long represented MSU students through the university’s Student Legal Services office.

However, Jeffries said he sees no need to recuse himself because his firm’s contract is with MSU’s undergraduate and graduate student governments and paid for from student taxes, not MSU funds. He said the trustees have no say in his firm’s contract. The only role MSU plays is for its procurement office to review the agreement to make sure it is proper, he said.

Jeffries said he considered whether there was a conflict but decided not to recuse himself. Student Legal Services doesn’t “contract directly with Michigan State University” and, therefore, doesn’t receive funding from the school, he said.

He also noted that the Kelly Firm also reviewed any possible conflicts of interest for either party ahead of the potential deal. “I don't think I have any, and I don't believe the firm said they do as well,” Jeffries said.

Jeffries said he was unaware of Kelly’s connection to Kelly Law Firm before it submitted its proposal for legal services last month.

Jeffries said Cummings, McClorey, Davis and Acho offered a rate of $225 per hour for legal services. The Kelly Firm would do so for $170.

Jeffries declined to provide any further details on the firms’ proposals, citing a city policy that requires confidentiality before a decision is made in order to prevent competitors from undercutting each other. He said both proposals will be made public after the commission votes.

The commission interviewed both firms Tuesday.

Attorneys Matt Cross and Matt Wayne represented Cummings, McClorey, Davis and Acho.

Cross said he has worked with Wayne, East Jordan, Cheboygan, Petoskey and other communities. He said the firm is experienced with municipal processes such as drafting ordinances. However, he said it lacks direct experience with a full-on charter revision effort, unlike Kelly Law Firm.

“We have at least drafted charter amendments, but the problem is that those communities just decided they didn't want to go through it. That process of reading a charter, trying to tweak the language, looking at what other communities have done — these are things we've done before many, many times,” Cross said.

Wayne said he has served as an assistant city attorney for Hamtramck and Inkster, as a prosecutor for a handful of municipal courts and has done additional work for Detroit, Wayne County, Ypsilanti, Ann Arbor, Southgate, Highland Park and elsewhere.

Jeffries asked him if lacking direct charter revision experience would pose any issues.

“It’s merely an extension of drafting ordinances, and it's just a larger version of that process.” Wayne said.

Jeffries asked if the firm intended to be proactive or reactive in advising the commission.

“Being proactive is a huge part of this,” Cross said, citing his experience drafting city ordinances and noting that he’s learned what has and hasn’t worked elsewhere.

Wayne gave an example of something the firm might consider if hired.

“Section 8-101 talks about licensing within the city. That's one of those provisions that, back when this was enacted, I'm sure was absolutely fine. But there was a statute enacted in 2018 that really put some limits on what communities can do as far as licensing trades,” Wayne said.

Commissioner Jody Washington said: “I'm not expecting you to do our research. I'm expecting you to let us know what we have researched and come up with is legal and in line with the Michigan Constitution.”

“That's exactly how we see our role,” Cross replied.

“You're the folks around this commission,” Wayne added. “You're the decision-makers, and what you want is what we're going to help you implement.”

Morgan McAtamney, The Kelly Firm’s representative, explained that she’s been with the firm for three of its six years.

“I represent primarily Pontiac and Grosse Pointe Park, so I have a ton of experience with charter stuff,” McAtamney said, adding that she’s also worked with cities like Orion, Oakland, Oxford and Independence.

Jeffries asked about the firm’s experience working with other charter commissions.

McAtamney said she hasn’t directly overseen a complete revision process, but noted that her colleague, Dan Christ, has. She said she and Christ, who recently joined the firm, would primarily handle the charter commission’s business. She noted that Kelly is frequently in the area and would be available, if needed.

“The fact of the matter is, if you're doing an entire rewrite, you need a counsel who's done that before and has experience with not only writing charters but presenting those charter amendments. So, people who have not only helped prepare those charter revisions but have also been around long enough to see the effects of those revisions,” McAtamney said.

She cited Christ’s experience working with Pontiac’s charter revision through his firm, Hafeli, Staran and Christ. Pontiac voters established a charter review commission in 2021 and will decide Aug. 6 whether to adopt its changes.

“In addition to that, he's done probably four or five other full revisions. So, he is that rock who will be able to tell you guys: ‘While this is a great idea, and this does address this concern that you might have, here's something that you might not like about it,’” McAtamney said.

“I think some ordinances should be embedded in the charter. And there are some charter positions that should be dealt with as an ordinance. Is that something that you do in terms of your review and the information you're bringing to us? Because we’re going to rely on your expertise,” Jeffries asked.

“I am not going to undertake work unless I am authorized to do so. In that sense, you guys have all the control — you tell me your preference and what you need from us. However, if something is so clearly illegal, or something that I wouldn't recommend legally, I will absolutely inform you,” McAtamney said.

Commissioner Joan Bauer asked McAtamney if she or Christ would be available to attend every regular meeting.

“If that is what you guys want from us, absolutely. One of us will be there. That is not a problem.

If you need me to run out there, I will be out here. That's how our firm works,” McAtamney replied.