Grove City Attorney Resigns
The City of Grove is without legal representation this week following the resignation Tuesday of City Attorney Ron Cates, who had been hired by former city manager Bill Galletly.
The resignation was prompted by the Agenda item on Tuesday's Council session: "Discussion and/or Action Regarding Request for Proposals for City Attorney Services."
Cates said he was not notified that this was being done and expressed his "utter amazement at the total absence of any semblance of professionalism, let alone common courtesy, on your part or that of the members of the City Council," in a steaming letter to Bruce Johnson, City Manager.
"I have represented numerous municipalities within the State of Oklahoma for more than 25 years and I have never witnessed such inconsiderate action," Cates said in his letter.
Councilman Larry Parham has in the past said he wants a local attorney to represent the city who won't charge mileage or travel time expenses. Cates' supporters said they prefer someone who is unbiased and can issue legal advice based on the law, not personal agendas of the councilors. Last month the city spent $349 on travel time and mileage reimbursement to Cates. He has charged $125 an hour for legal advice, considered low by most attorneys.
Johnson and Mayor Gary Bishop said they hoped Cates would apply for the position under the RFP formula designed by Johnson, with applications due by Sept. 11. Under the formula, points are awarded for experience and knowledge of state statutes and Grove Ordinances; the monthly retainer and hourly rate; professional qualifications and communications skills, total years experience, etc, and past performance record.
Here is the full text of Cates' resignation letter, obtained by The Observer:
Mr. Bruce Johnson
City Manager
City of Grove via facsimile (918) 786-8939
104 W. 3rd
Grove, Oklahoma 74344 Aug. 21, 2007
Re: Grove City Council Agenda-August 21, 2007-Item D.8-“Discussion And / Or Action
Regarding Request For Proposals For City Attorney Services
Dear Mr. Johnson:
I am corresponding for purposes of addressing the matter referenced above. At the outset, I am compelled to express my utter amazement at the total absence of any semblance of professionalism, let alone common courtesy, on your part or that of the members of the City Council in the consideration, initiation and posting of this matter. I have represented numerous municipalities within the State of Oklahoma for more than Twenty-five (25) years and I have never witnessed, let alone been directly affected by, such inconsiderate action. As you are keenly aware, there has been absolutely no communication or discussion between you and me concerning not only the placement of the referenced item on the agenda for the City Council meeting for August 21, 2007, but also any issues even remotely relating to such item. Likewise, I am sure that you are aware that the only discussion pertaining to this matter, that is discussion involving me, has been that brief moment Mayor Gary Bishop spent with me before the City Council regular scheduled meeting on August 7, 2007, wherein Mayor Bishop advised me that “not that I necessarily agree but the City Councilors want to make a change in City Attorney. They feel that you (meaning me of course) have too much political baggage with Bill Galletly having hired you and your having worked with him and others”. That, for the most part, excepting that” attorneys are always welcome in my church”, is it.
I find it very disconcerting that the agenda listing referenced above, as well as more importantly the documentation purportedly provided by you to the members of the City Council, is the obvious work of either one wishing to be an attorney but unlicensed to be such in the State of Oklahoma or an attorney licensed in the State of Oklahoma that has
unethically given legal advice to officials and officers with the City of Grove, Oklahoma on matters of legal importance to the City of Grove, Oklahoma. As you are aware, I am sure, although I was at the time the duly appointed and acting City Attorney, and except for Mayor Bishop’s brief mention as I stated above, I was neither informed of nor consulted by you or any member of the City Council concerning this issue. Additionally, please note that for the record, I am of the opinion that the purported legal advice is erroneous. However, this is a matter that is better addressed at a more appropriate time and in a more appropriate forum. As relates to the status of who provided the legal advice that is a matter that is better left for resolution with the General Counsel of the Oklahoma Bar Association.
As we are both abundantly aware, the matter before the City Council tonight is merely a pretense. First, the matter under consideration and the anticipated action is not within the authority of the City Council. Such actions lie within the purview of the office of the City Manager. Secondly, the process being employed is merely a pretext for accomplishing my removal from the service of the City and the placement of an attorney, regardless of municipal experience, who through act or omission is more likely to further the interests of the majority of the City Council. Regardless of what entity or individual possesses the power of appointment and removal not any one of you have expressed to me any concern or question regarding my legal and professional ability, my integrity or my willingness to perform and accomplish the lawful goals and objectives of my superiors on behalf of the citizens of the City of Grove, Oklahoma. Actually neither yourself or members of the City Council other than the Mayor have expressed to me anything regarding my representation of the City of Grove, Oklahoma, e.g., dependability and reliability of legal services, fees, etc. A reasonable person would perceive that as being most unusual. It is my opinion that there can be no question that a majority of the members of the City Council have long ago predetermined the outcome of this removal and appointment process. I likewise am of the opinion that a close examination of not only what you have done but of equal importance what you have not done in this matter amply supports the proposition that you have willingly facilitated the furtherance of these desires of a few.
It is unfortunate for many that for the sake of the few my professional services to the citizens of the City of Grove, Oklahoma are no longer required. A cursory review of the agenda as well as the supportive documentation coupled with the manner within which this action has occurred makes obvious that whomever the appointive authority may be, a matter upon which we disagree, neither desire any continuation of my rendering professional services any further. I have been able, ready and willing to perform the duties associated with my position with the City. However, your actions and omissions as well as those of certain members of the City Council have resulted in an impugning of my legal ability and standing as well as constructively discharging me from the service of the City of Grove, Oklahoma.
Based upon the foregoing you are hereby advised that as of 12:01 p.m. CST my professional services to the citizens of the City of Grove, Oklahoma ceased. But for assisting with a transition in regards to legal representation of the City of Grove, Oklahoma as well as trust authorities having the City of Grove, Oklahoma as beneficiary, I will not perform any legal services excepting those that would be urgently required to protect the interests of the citizens of Grove. Please have a representative of the City of Grove, Oklahoma, other than yourself or any seated City Council member contact me to make arrangements for transitioning the work of the City to another attorney.
Sincerely,
Ronald D. Cates
Attorney at Law
Cc: Mayor Gary Bishop, City of Grove, Oklahoma
Chairman Pete Churchwell, Grove Municipal Services Authority
Chairman David Adzigian, Grove Industrial Development Authority
The resignation was prompted by the Agenda item on Tuesday's Council session: "Discussion and/or Action Regarding Request for Proposals for City Attorney Services."
Cates said he was not notified that this was being done and expressed his "utter amazement at the total absence of any semblance of professionalism, let alone common courtesy, on your part or that of the members of the City Council," in a steaming letter to Bruce Johnson, City Manager.
"I have represented numerous municipalities within the State of Oklahoma for more than 25 years and I have never witnessed such inconsiderate action," Cates said in his letter.
Councilman Larry Parham has in the past said he wants a local attorney to represent the city who won't charge mileage or travel time expenses. Cates' supporters said they prefer someone who is unbiased and can issue legal advice based on the law, not personal agendas of the councilors. Last month the city spent $349 on travel time and mileage reimbursement to Cates. He has charged $125 an hour for legal advice, considered low by most attorneys.
Johnson and Mayor Gary Bishop said they hoped Cates would apply for the position under the RFP formula designed by Johnson, with applications due by Sept. 11. Under the formula, points are awarded for experience and knowledge of state statutes and Grove Ordinances; the monthly retainer and hourly rate; professional qualifications and communications skills, total years experience, etc, and past performance record.
Here is the full text of Cates' resignation letter, obtained by The Observer:
Mr. Bruce Johnson
City Manager
City of Grove via facsimile (918) 786-8939
104 W. 3rd
Grove, Oklahoma 74344 Aug. 21, 2007
Re: Grove City Council Agenda-August 21, 2007-Item D.8-“Discussion And / Or Action
Regarding Request For Proposals For City Attorney Services
Dear Mr. Johnson:
I am corresponding for purposes of addressing the matter referenced above. At the outset, I am compelled to express my utter amazement at the total absence of any semblance of professionalism, let alone common courtesy, on your part or that of the members of the City Council in the consideration, initiation and posting of this matter. I have represented numerous municipalities within the State of Oklahoma for more than Twenty-five (25) years and I have never witnessed, let alone been directly affected by, such inconsiderate action. As you are keenly aware, there has been absolutely no communication or discussion between you and me concerning not only the placement of the referenced item on the agenda for the City Council meeting for August 21, 2007, but also any issues even remotely relating to such item. Likewise, I am sure that you are aware that the only discussion pertaining to this matter, that is discussion involving me, has been that brief moment Mayor Gary Bishop spent with me before the City Council regular scheduled meeting on August 7, 2007, wherein Mayor Bishop advised me that “not that I necessarily agree but the City Councilors want to make a change in City Attorney. They feel that you (meaning me of course) have too much political baggage with Bill Galletly having hired you and your having worked with him and others”. That, for the most part, excepting that” attorneys are always welcome in my church”, is it.
I find it very disconcerting that the agenda listing referenced above, as well as more importantly the documentation purportedly provided by you to the members of the City Council, is the obvious work of either one wishing to be an attorney but unlicensed to be such in the State of Oklahoma or an attorney licensed in the State of Oklahoma that has
unethically given legal advice to officials and officers with the City of Grove, Oklahoma on matters of legal importance to the City of Grove, Oklahoma. As you are aware, I am sure, although I was at the time the duly appointed and acting City Attorney, and except for Mayor Bishop’s brief mention as I stated above, I was neither informed of nor consulted by you or any member of the City Council concerning this issue. Additionally, please note that for the record, I am of the opinion that the purported legal advice is erroneous. However, this is a matter that is better addressed at a more appropriate time and in a more appropriate forum. As relates to the status of who provided the legal advice that is a matter that is better left for resolution with the General Counsel of the Oklahoma Bar Association.
As we are both abundantly aware, the matter before the City Council tonight is merely a pretense. First, the matter under consideration and the anticipated action is not within the authority of the City Council. Such actions lie within the purview of the office of the City Manager. Secondly, the process being employed is merely a pretext for accomplishing my removal from the service of the City and the placement of an attorney, regardless of municipal experience, who through act or omission is more likely to further the interests of the majority of the City Council. Regardless of what entity or individual possesses the power of appointment and removal not any one of you have expressed to me any concern or question regarding my legal and professional ability, my integrity or my willingness to perform and accomplish the lawful goals and objectives of my superiors on behalf of the citizens of the City of Grove, Oklahoma. Actually neither yourself or members of the City Council other than the Mayor have expressed to me anything regarding my representation of the City of Grove, Oklahoma, e.g., dependability and reliability of legal services, fees, etc. A reasonable person would perceive that as being most unusual. It is my opinion that there can be no question that a majority of the members of the City Council have long ago predetermined the outcome of this removal and appointment process. I likewise am of the opinion that a close examination of not only what you have done but of equal importance what you have not done in this matter amply supports the proposition that you have willingly facilitated the furtherance of these desires of a few.
It is unfortunate for many that for the sake of the few my professional services to the citizens of the City of Grove, Oklahoma are no longer required. A cursory review of the agenda as well as the supportive documentation coupled with the manner within which this action has occurred makes obvious that whomever the appointive authority may be, a matter upon which we disagree, neither desire any continuation of my rendering professional services any further. I have been able, ready and willing to perform the duties associated with my position with the City. However, your actions and omissions as well as those of certain members of the City Council have resulted in an impugning of my legal ability and standing as well as constructively discharging me from the service of the City of Grove, Oklahoma.
Based upon the foregoing you are hereby advised that as of 12:01 p.m. CST my professional services to the citizens of the City of Grove, Oklahoma ceased. But for assisting with a transition in regards to legal representation of the City of Grove, Oklahoma as well as trust authorities having the City of Grove, Oklahoma as beneficiary, I will not perform any legal services excepting those that would be urgently required to protect the interests of the citizens of Grove. Please have a representative of the City of Grove, Oklahoma, other than yourself or any seated City Council member contact me to make arrangements for transitioning the work of the City to another attorney.
Sincerely,
Ronald D. Cates
Attorney at Law
Cc: Mayor Gary Bishop, City of Grove, Oklahoma
Chairman Pete Churchwell, Grove Municipal Services Authority
Chairman David Adzigian, Grove Industrial Development Authority
Labels: Council Meetings
posted by Editor | 2:00 AM
6 Comments:
It is just a matter of time until certain council members get caught having illegal meetings or telephone polling. Too many eyes are watching.
I hope Mr. Cates takes this issue to the state level. I highly oppose a local attorney being hired as a city attorney, for the very fact that he can be bought and will not be unbiased as to the decisions being made. Bruce Johnson is starting to raise some eyebrows as well. Those who thought Mr. Galletly had agendas, the table is now turned on Mr. Johnson. I was hoping he'd be a bigger man than that.
$349/mo. paid to an unbiased outside attorney seems a very small price to pay for honesty in government. I think Mr. Parham's comments re: the costs are a smokescreen for his just wanting a yes-man in the position.
Agree with ALL above comments. It's sad that a servicemember, servicing in Iraq can tell how corrupt the local government has gotten, and heres comments from people not even IN Grove, Oklahoma regarding the "mafia" style and "good ole boy" things that are going on.
Grove City Government needs a wake up call. Let's all hope that Mr. Cates can be just that.
A "contrary" comment I forwarded has disappeared into the internet fog. Could it be that critical (but not defamatory) comments not in step with the editor's opinions are being left off the site rather than posted?
For what it's worth, this idea that a city attorney should be hired from out of town to insure honesty merits discussion and consideration. But it also seems not to be a very common practice in a town large enough to have local attorneys. Seems that I recall that Mr. Galletley himself had a local gal as city attorney, and the two of them were pretty tight for a time in the pursuit of their enemies, real or perceived.
Comments which are patently false and defamatory are rejected by the Editor.
There are many towns and cities that have local attorney's serving as City Attorney, Bartlesville for one. The "local gal" you refer to didn't work out so Galletly hired Larry Steidley from Claremore, then Ron Cates from Owasso, both based on their knowledge of Municipal Law. The problem is that a local lawyer hired as City Attorney may have allegiances to one particular councilman, who has hired him in the past, and GrovePAC, which also retained him, and wouldn't that be a conflict of interest? We could have the law intrepreted as biased towards Council views. Whoa, we already have! Council hires the City Attorney? Not according to State Statutes.
The Editor
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