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Dillon enlists services of two law firms, but neither plan to fill the crucial town attorney position

The Dillon Town Council could face delays in executing some town business due to an upcoming vacancy in the town attorney position

The town of Dillon is pictured from above in 2023.
Ian Zinner/Courtesy photo

The Dillon Town Council enlisted the services of two law firms during its meeting Tuesday, July 9, but neither are slated to fill the town attorney role that will become vacant at the end of this week.

The resignation of Dillon’s current town attorney, Kelly P.C., takes effect Friday, July 12. Dillon Town Manager Nathan Johnson has said that without a town attorney, much town business could come to a halt.

Johnson told the Town Council on Tuesday that so far one law firm has responded to the town’s request for proposals seeking a new town attorney.



“We are at least happy that we have one proposal, and we’re hoping for more,” Johnson said in a phone interview Wednesday, July 10. “Ultimately, it’s the Town Council’s decision, so they’re going to have to go through the proposals, discuss them among themselves and decide who they want to interview and ultimately select.”

The deadline for law firms to respond to the request for proposals is Tuesday, July 16, Johnson said. The Dillon Town Council will then discuss those proposals at its next meeting on Tuesday, July 23, he said.



Under an ideal timeline, interviews with potential candidates would be scheduled for the following meeting on Tuesday, Aug. 13, and a new town attorney would be approved at the Town Council meeting Tuesday, Aug. 27, Johnson said. He said that it is possible that a firm could come forward to serve as an interim town attorney.

“I think we’re just going to have to wait and see as to what the Town Council wants to do if and when an interim presents itself,” Johnson said. “I think the schedule of getting a (town) attorney approved by Town Council is at least conducive to getting someone on board in the next 60 days, roughly.”

Kathleen Kelly, of Kelly P.C., submitted her firm’s 30-day notice of resignation last month after a June 13 Town Council meeting where council members went against her legal advice. Kelly had advised of potential constitutional issues with allowing certain religious groups, but not other groups, to use the town-owned amphitheater. But, the Town Council, in a decision it later reversed, voted to allow the Dillon Community Church to hold Sunday services at the amphitheater.

On Tuesday, the Dillon Town Council voted unanimously to approve the law firm Wilson Williams LLP to assist on election-related matters, particularly the upcoming Oct. 1 referendum election that could overturn the town’s previous approval of a waterfront development. The Town Council also unanimously approved Hoffman, Parker, Wilson & Carberry P.C. as special counsel to assist on housing and development matters.

“Those two engagement letters with special counsels were for specialty issues,” Johnson said. “One was predominantly for the special election. One is predominantly for housing-related issues including a development agreement for the 240 Lake Dillon Drive site.”

Johnson said “both of those firms can also handle town attorney items,” but he said with the current town attorney preparing to leave, the town felt it was important to at least have legal support “on the more pressing issues” as it tries to hire a new town attorney.

Because every document that goes before the Town Council for approval must first be reviewed by the town attorney’s, Johnson has said that a town attorney vacancy could delay everything from construction project approvals to completion of a new amphitheater use policy. But how exactly the vacancy will impact the town remains to be seen.

“I don’t want to talk for any of these firms, right? There’s a lot of work out there for different attorney firms,” Johnson said. “I just don’t know what time and priority is there. Ultimately, we’ll see in the next couple weeks whether or not we can get anything accomplished.”


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