Benzie County lets elected department heads consult labor attorney through year-end; departments may be billed

The Benzie County Board of Commissioners voted Sept. 22 to change county policy so elected department heads may contact the county labor attorney through Dec. 31, 2015, and amended the motion to require that a department be billed if the county is invoiced for that service.

Commissioner Robert Warsecke (motion) and Commissioner Walterhouse (second) proposed the allowance during a discussion prompted by department heads’ concerns about the availability of labor counsel. Commissioner Sauer successfully amended the motion to add a billing provision. The roll-call vote on the amended motion was unanimous (Commissioner Griner excused).

Prosecuting Attorney Sara Swanson told the board it was important to “keep a retainer with a labor attorney; employment law is always changing,” and warned that department heads should be able to consult counsel when needed. Sheriff Schendel and Undersheriff Lamerson urged the board to reconsider how departments access labor counsel, saying department heads should not have to ask permission to contact counsel and raising budgetary concerns related to anticipated jail savings that were affected by contract negotiations.

Commissioner Warsecke said department heads should not be constrained from getting legal advice and argued the county should retain labor counsel. The board’s action applies through Dec. 31, 2015; it does not create a permanent policy change. The motion as amended specifies that if the county is billed by the labor attorney for services requested by an elected department head, the county will bill the department for those charges.

The board did not adopt new standing language about how such consultations would be documented or which matters qualify for direct contact; staff did not provide a new permanent procedural rule at the meeting. The change takes effect immediately and will be in place while the board continues other personnel and labor negotiations.