Bethel weighs letting its manager file lawsuits without council approval

The Bethel City Council is considering giving the city manager and city attorney the power to file routine lawsuits on their own, without a council vote, a shift that would move some legal authority away from the elected body and toward city staff.

Under the proposed change, the manager could authorize litigation "arising in the ordinary course of municipal operations" — a category the ordinance defines to include protecting city property, collecting debts, enforcing contracts and city code, recovering on insurance claims, and defending the city when it is sued. The council's approval would still be required for the weightier cases: suing another government, challenging whether a law is valid, matters raising significant public-policy questions, or any case likely to cost money the council has not already budgeted.

The city manager, Lori Strickland, sponsored the measure, which the council introduced Aug. 11. The ordinance argues the current code "is unclear about the circumstances under which council approval must be sought," and that the attorney, working with the manager, should be able to act "to efficiently and expeditiously protect the city's interests."

State guidance points the other way on who should decide. The Alaska Department of Commerce, Community, and Economic Development's Local Government Resource Desk advises that "a lawsuit only be filed after the advice of the municipal attorney is considered and the governing body has authorized it" — placing the decision with the elected council rather than with staff.

The council takes public comment on the ordinance Tuesday. Written comment submitted a day ahead becomes part of the record, and residents may also speak at the meeting.