TO: Mayor Richard C. Irvin and Members of the City Council
FROM: Alex G. Alexandrou
Chief Management Officer
DATE: December 17, 2021
SUBJECT:title
Engagement of the law firm of Barnes & Thornburg, LLP as special counsel to assist the City with federal executive, legislative, and administrative relations.
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PURPOSE:
To provide information regarding the engagement of special legal counsel to advocate for and to protect the interests of the City before the federal government and its agencies and officials.
BACKGROUND:
For several years, the City has engaged consultants to represent its interests before Illinois State Government. These lobbyists have been instrumental in securing needed legislative and regulatory decisions favorable to the City - and in preventing or mitigating decisions that would be detrimental to us. Our lobbyists make it possible to monitor and respond to rapid developments in Springfield that could significantly impact the City, its operations, and its resources.
Building off the success the City has experienced with its state lobbying team especially during the pandemic, the City Council has budgeted for the engagement of federal lobbyists in 2022. While the rationale for retaining federal lobbyists is similar to the City's rationale for developing its state government affairs team, the need on the federal level is significantly greater. As the second largest City in Illinois, Aurora is the second largest fish in its respective pond and its residents represent a considerable portion of the legislative and representative districts that include its territory. While Aurora is well-represented by our federal legislators and staffers in the Senate and House alike, they do have other demands on their time and attention. Additionally, the sheer size of the federal government bureaucracy makes it impossible and unrealistic to expect that our legislators alone can intercede for us on every issue.
While Section 2-261(b)(10) of the City Code generally charges the Corporation Counsel with the responsibility of representing the interests of the City before governmental bodies, Section 2-261(d) authorizes the Corporation Counsel to, with the consent of the Mayor and subject to budget constraints, engage special counsel necessary to assist him in the performance of those duties. In recognition of this need, the Mayor has authorized the Corporation Counsel to engage the law firm of Barnes and Thornburg, LLP to serve as special counsel to the City for matters involving the federal government. Barnes and Thornburg's proposed engagement letter is attached to this item and summarizes the services they are willing to provide to the City and provides biographical information on select members of their legal team.
Barnes & Thornburg has offered the City an all-inclusive rate of $6,500 per month for its services from January through September of 2022.
DISCUSSION:
While the recent enactment of the $1.2 trillion Infrastructure Investment and Jobs Act will provide for significant opportunities for state and local governments to compete for substantial grant funding, the need for enhanced professional representation before the federal government is not limited to seeking appropriations, grants, earmarks or legislative advocacy.
Because Congress has delegated substantial authority to various federal administrative agencies, the federal rule making process is often as, if not more important, than the conventional legislative process - as is the need for the City to monitor and participate in it.
One significant example of the work that will be assigned to special counsel will be representation of the City's interests before the Census Bureau as part of the Count Question Process. Other applications include representation on matters before the FAA, FCC, EPA and the Bureau of Justice Assistance in support of related city department operations and initiatives.
IMPACT STATEMENT:
Retention of special counsel will ensure greater advocacy for and direct representation of the City's interests before all necessary levels of the federal government.
RECOMMENDATIONS:
No action by the City Council is required. Funds for special counsel services are budgeted in account no. 101-1002-413.32-20 (Mayor's Office, Contracted Services) and account no. 101-1102-419.32-01 (Law Department, Legal-Outside Attorneys).
cc: Finance Committee