01042019 - News Article - Portage councilman wants probe of legal fees payment

Portage councilman wants probe of legal fees payment
NWI Times
January 04, 2018
https://www.nwitimes.com/news/local/govt-and-politics/portage-councilman-wants-probe-of-legal-fees-payment/article_45db1cda-1773-5a55-a124-599d1d859332.html

PORTAGE — A Portage city councilman has filed a complaint with the State Board of Accounts over the city's Storm Water Management Board payment of some $231,000 in legal fees.

In the complaint, Councilman Collin Czilli, D-5th, said he believes payments to the Indianapolis law firm of Bingham Greenebaum Doll, approved by the board last week, are improper. 

Czilli contends the expenses were not incurred by the board, but by Mayor James Snyder, who hired the firm when he took legal action against the City Council over control for the now defunct Utility Services Board.

Czilli further contends the board was not in existence when the expenses were incurred.

"Even if the board was existing at the time, it never retained the services of Bingham Greenebaum Doll LLP, nor did it's predecessor, the Portage Utility Service Board," Czilli wrote in the complaint.

"The mayor’s office is confident that the state board will heed their own findings in any examinations and support the mayor following the law," Snyder responded in a written statement, adding Czilli and other council members agreed an escrow account would be set aside for legal fees. Snyder also said Czilli was told by the State Board of Accounts the council illegally took control of the Utility Services Board.

"Instead of heeding their advice, Czilli yelled at the examiners, the same people he is now asking to look into this," Snyder said.

Czilli, who denied yelling at examiners, said the escrow account was set up to pay any legal fees regarding any potential litigation involving changing to an impervious surface system in the collection of stormwater fees, not for legal fees incurred from the lawsuit Snyder brought against the council.

"This has nothing to do with the issue of taking over the board, this has to do with who is responsible for paying the mayor's legal bill that he, and he alone, is responsible for racking up," Czilli said.

SBOA chief of staff Matt Light confirmed receiving the complaint and said it will be investigated. Light said the first determination will be whether the complaint will become the subject of a special auditor or if the matter will be taken up during the city's next regular audit. That decision would be named in the next week or 10 days.