10122016 - News Article - Portage mayor's request for attorney fees remains up in the air

Portage mayor's request for attorney fees remains up in the air
NWI Times
October 12, 2016
http://www.nwitimes.com/news/local/govt-and-politics/portage-mayor-s-request-for-attorney-fees-remains-up-in/article_540a6f7b-b3ff-5aa4-929a-9be5a8f1c005.html

PORTAGE — The Portage Utility Service Board did not decide whether to reimburse its chairman for his legal fees in regard to a long federal investigation.

The members never even discussed the matter during their monthly meeting Wednesday.

The board did approve claims that included two checks to Mayor James Snyder’s attorneys totaling over $93,000. However, that money has been returned to the utility.

Snyder, who chairs the utility board, didn’t answer many questions.

He said he intends to submit claims to get reimbursed for the legal fees, but wants board vice chairman Mark Oprisko to return and have a discussion before he submits any claims.

Oprisko, who is out of town, objected to the claims, saying earlier this week he wanted time to conduct research before approving anything. He wanted the issue tabled until he returned.

Last month Snyder submitted claims to pay the firms of Winston and Strawn of Chicago and Dogan and Dogan of Portage totaling just over $93,000. The checks were cut and distributed to the law firms before they were approved by the board. The firms said they could not accept the checks because they were from the utility and the utility is not their client. The money was returned to the utility this week.

State law allows Snyder to seek reimbursement of the legal fees “if the grand jury fails to indict the officer or employee and the acts investigated by the grand jury were within the scope of official duties of the officer or employee.”

Asked Wednesday if that means he has been cleared of any potential charges during the nearly three-year investigation, Snyder said he couldn’t comment.

“I can’t answer that either. We have several legal people looking at it,” Snyder said. “We are going to get through it and do the right thing.”

Snyder did say he approached the utility because the investigation started with a trip he took to Austria using the utility’s credit cards. The investigation expanded, however, with FBI agents delivering several subpoenas for various financial records, including the purchase of garbage trucks. The FBI interviewed dozens of city employees.

“As a board member, I don’t know enough about it,” said James Hazzard, adding he only learned of the situation Monday when he picked up the claims docket and saw the two claims to the two attorneys.

“I want to know the exact statute and how it reads,” Hazzard said, before making any decision.

Member Marci Kunstek said she trusts the board’s attorney “to walk us through the decision,” adding she would have no problem reimbursing Snyder’s legal fees if that was the recommendation.