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In an article by Kathy Goolsby of the Dallas Morning News published February 5th, Colleyville Mayor Mayor Joe Hocutt was critical of the City Council because it did not extend to Ross Foster "professional courtesy."  Foster had been City Attorney for 25 years.

Mayor Joe Hocutt

LNO reported in November 15, 2004 (Click Here)  a review of Foster's initial hiring and a number of controversial issues involving Foster's decisions. The highest profile decisions over the past two years involved Foster's opinion that the mayor had the ability to veto appointments by city council.  Foster ruled that although the City Charter provides only the council authority for appointments, it also provided the mayor veto power over resolutions.  While appointments had previously been made with and without an official resolution, during the period Foster has served as City Attorney, recent precedence included a resolution.  

Foster had requested a significant raise from his current $90.00 per hour to $175.00 per hour.  The City Council determined, on a 5 to 0 vote, to advertise requests for proposals for City Attorney.  Ross Foster, who has a solo practice, did not submit a proposal to continue as Colleyville's City Attorney.  In fact, in a letter to Bill Lindley, Colleyville City Manager, Foster stated he was resigning effective at 5:00 pm on February 1st, and, as such would not be available for that evening's city council meeting.  However, Foster concluded, the city could hire him for the extra time at $175 per hour, (Click Here to see the Foster letter). 

While going out for proposals, to determine the best options and rates available to the city, would typically seem like a routine decision of a city council, in Colleyville, it appears that no good deed goes unpunished if there is thought an opportunity for political gain.  The Colleyville Courier  questioned "What's up with the City Attorney."  A column in LNO on January 9, 2005 (Click Here) answered the question concerning Foster.

In the article, (Click Here) Hocutt "expressed disappointment with how Mr. Foster has been treated since asking for a review of his fees."  Hocutt continued in the article to say, "If there was an issue with Mr. Foster's job performance, Mr. Hocutt said, those problems should have been brought to his attention."

The article intimated that Foster was continuing to remain on as a "consultant" at $175 per hour, therefore the city was getting the same service, so to speak, at a much higher cost.  However, Mayor Pro Tem Jon Ayers told LNO that "it is anticipated that Mr. Foster's services will not longer be required in the near future, on a consultant basis or otherwise."

Ayers went on to state, "We have an obligation to the city and citizens to get best legal talent available and asking for request for proposals to determine what legal talent is available, especially in light of Foster's proposed increase, was just being fiscally responsible."

Ayers said that the council, through the interview process, has found out that there are firms that can provide the city services beyond what Foster was capable. He stated that the larger firms have more services and expertise, as well as, specialists in specific areas that could be a great benefit, serve the long run and actually be a cost savings.

Councilman Mark Skinner, the only member remaining on city council that backed Hocutt's veto of appointments, voted to put out proposals.  During the veto process Skinner actually put names into nomination then supported Hocutt's veto of the same P&Z candidate.  In the City Attorney matter, Skinner joined the unanimous vote to put out proposals for the city attorney position, once again seems to have flip-flopped his position.  Skinner was quoted by the Dallas Morning News as saying, "Sometimes I might not have agreed with his assessment of the facts, but he never got politically involved."  Skinner pointed out in the previous article published in the Courier that, "I think it is an advantage to have the city attorney living in Colleyville."
 
Mayor Hocutt stated in the DMN , "..if there was an issue with his (Foster) performance those problems should have been brought to his attention."  However, Hocutt was aware that there was a number of council members who were displeased with Foster's recent performance.  The City Council had an option to air their displeasure and become embroiled in a public debate over the perceived faults of Foster, or put out a RFP (request for proposal) and utilize the process to make a final determination.

While Skinner stated that Foster "never got politically involved" he would seem to have a number of former and previous council members that may not agree with his assessment.  Of particular concern had been the increasing use of Foster over the past 5 years during council debate as the "gotcha element of debate."   That is a member would make a declaration of fact, then call on the City Attorney to back up the statement, not as an opinion of Foster but as a proven fact.

The City Council determined to handle the Foster issue in the proposal requested format was more appropriate than getting into a debate in a public forum that could prove both uncomfortable and detrimental to Foster.

Hiring a new firm has been delayed primarily because Councilman Skinner and Mayor Hocutt have demanded to interview all the applicants, including some that were initially determined not qualified. From the DMN article, it appears that Skinner and Hocutt have determined the Foster issue may be campaign fodder and are using delaying tactics to keep the issue alive.

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