Lansing Charter Commission settles on law firm, zips through another charter chapter

WEDNESDAY, Aug. 14 — The Lansing Charter Commission took a major step forward in its revision process last night when members decided to hire the Grand Rapids-based law firm Cummings, McClorey, Davis and Acho.

The firm was one of two that submitted responses to the commission’s June 5 request for proposals for legal representation. Commissioners interviewed representatives from both CMDA and the Auburn Hills-based Kelly Firm on July 23.

The commission followed up with both firms last week asking for clarification on which attorneys would be on call if hired. Several commissioners noted that they weren’t impressed with what was received from the Kelly Firm, owned by Michigan State University Board of Trustees Chair Dan Kelly.

Charter Commission Chair Brian Jeffries said he was “a little taken aback” by the Kelly Firm’s response, which he said differed from what firm representative Morgan McAtamney told them during the in-person interview.

“They made it sound like we could have any attorney that we wanted from that firm present, particularly focusing on the attorney that had some experience in the charter commission process,” Jeffries said, referring to the firm’s newest attorney, Dan Christ. McAtamney said Christ previously worked with the Pontiac Charter Commission and would work with the Lansing commission.

According to the firm’s follow up, Jeffries said, Kelly himself would be the primary attorney for the commission’s work, while Christ’s name wasn’t mentioned.

Commission member Joan Bauer shared his concerns. 

“I asked two very direct questions during the interview and was told that the gentleman with charter experience would absolutely be able to come as needed,” Bauer added. “That now looks not at all what the clarification memo shows.”

Before firm interviews and followup questions, Jeffries said he was “clearly going the other way” in support of The Kelly Firm. He’s since shifted his support to CMDA.

“I think the quality that was being presented to us in terms of the staffing doesn't match up to what CMDA did,” he concluded.

Citing her own concerns with the Kelly Firm, Vice Chair Lori Adams Simon moved to hire CMDA.

“When you submit a resume for a job and you look great on paper, but then you get to the interview and give them nothing, you probably don't get the job. That's what I received from the Kelly group,” Adams Simon explained.

Commission member Jody Washington also supported CMDA, which “showed more professionalism and dedication” during the RFP and hiring process.

“I was less than impressed that they sent a representative who didn't even know what she was talking about,” she said of the Kelly Firm. “They didn't care enough about our business to send the professionals that knew what they were doing.”

Guillermo Lopez was the only member to question hiring CMDA, citing the cost differential and the fact that The Kelly Firm noted that they had attorneys who have worked on charter revisions, while CMDA did not. The Kelly Firm offered an hourly rate of $170, while CMDA proposed $225 per hour.

“Although they don't have explicit charter experience, they do have experience working with charter amendments,” Washington replied.

Bauer said other CMDA attorneys did have relevant experience. She cited Kristen Rewa, a former assistant city attorney in Grand Rapids  now with CMDA, as an example.

Lopez ended up shelving his dissent to vote with the group. With member Ben Dowd absent, the commission approved the hire 8-0.

Later, members sat down to review Article 4 of the City Charter, which lays out the duties and responsibilities of the executive branch. The section outlines the powers of the mayor and staff and establishes the roles of various city departments and department heads, including the City Attorney’s Office and police and fire departments.

Members didn’t weigh in on whether they would pursue changes to the structure of the executive branch. During the campaign season, the possibility of exploring a move away from a strong-mayor system to a city-manager format was a hot conversation.

Under the existing charter, voters elect the mayor to run the executive branch, who then appoints department heads and a few other posts, subject to Council approval, and maintains veto powers.

In a city-manager system, the City Council would vote for one Council member to serve as mayor and lead the Council. The body would then hire a professional city manager to be responsible for the city’s day-to-day operations and staffing.

During the runup to the Charter Commission election on May 7, Adams Simon and member Muhammad Qawwee were on record in support of retaining the strong mayor role.

However, Lopez indicated a willingness to explore the possibility of a city manager. He reiterated that stance in a call with City Pulse this morning.

“I’m open-minded about reviewing that.  We need to see and discuss the pros and cons,” Lopez said. “What’s happening is the chair wants to review the charter so people who are viewing know what we’re talking about, and we’re taking notes. As we finish this basic reading of the charter, then we're going to go into the recommendations for changes.”

Lopez also said that hiring a law firm was another key piece of that conversation. He said he hasn’t heard from constituents who had strong feelings one way or the other since the election, even though many had made their stances clear during the campaign period.

“It just kind of fizzled out, or maybe people are waiting to see what the commission does when we start to consider those,” Lopez said.

In a call with City Pulse today, Washington stated that she was “leaning toward a strong mayor model” because she felt the system promoted greater “checks and balances” between the mayor’s office, City Council and other city departments.

“I have heard plenty on both sides, probably more on the side of keeping the model we have right now,” she said. “A lot of the people that want to go to a city manager are really upset with the current mayor, but I don't think we can make that decision based on the current mayor.”

Washington added that she would support some changes to the mayor’s duties, however, including their power to appoint members to boards and commissions. She said she would be open to looking at a change that would give the City Council a greater say in those matters.

Earlier, City Clerk Chris Swope provided an update on commission funds. Of the $500,000 budgeted for the commission, Swope said  it has spent $115,979.33. This includes $86,000  on administering the election itself. It also spent $20,000 sending out 40,000 informational mailers to Lansing residents last month.

The commission will add $175 for livestreaming when it hosts an 11 a.m. Sept. 7 community meeting with the East Sycamore Park Neighborhood at the Unitarian Universalist Church of Greater Lansing.

It’s one of four upcoming community engagement sessions. At 6:30 p.m. Aug. 20, they’ll meet members of the Churchill Downs Neighborhood Association at the Alfreda Schmidt Southside Community Center. They’ll convene with the Westside Neighborhood Association at the same time at 6:30 p.m. Aug. 28 in the Letts Community Center, and with the Eastside Neighborhood Association at 6 p.m. Sept. 3 in the Allen Neighborhood Center.

The commission noted that all residents are welcome to any of these meetings and expressed an intent to host other community engagement forums in other parts of the city, especially on the north side.