Experience and family ties: Is the new city attorney a good hire for the council?
Dan Callaghan
CORRECTED at 11:30 A.M. According to a council member, the city attorney does not sit in on employee evaluations.
The start of yesterday’s Roanoke City Council meeting was marked by the announcement that it had hired a new city attorney to replace Bill Hackworth, who retired at the end of 2011.
The new city attorney? Daniel Callaghan, a New Hampshire lawyer with extensive credentials and a family link that immediately raised eyebrows.
Callaghan has worked at Devine, Millimet & Branch, a firm with 60+ lawyers, since 1979, and he’s been a partner there since 1985.
He’s also Roanoke City Manager Chris Morrill’s brother-in-law.
In his comments announcing the naming of Callaghan as city attorney, Councilman Sherman Lea acknowledged the family connection and the problems that could create, but he said the council had considered all that before making its decision: “Let me be clear – the Council thoroughly considered and discussed the potential challenges created by the close relationship between the City Manager and Mr. Callaghan. Several of us also presented our concerns to the City Manager and candidate and solicited feedback for how such challenges would be addressed. We are comfortable that any challenges will be handled in a professional way and any work required to overcome these challenges will be far surpassed by the benefits Mr. Callaghan’s experience and talent will bring to the position.”
New Hampshire has a reciprocity agreement with Virginia when it comes to accepting lawyers into the bar; however it could take several months for that process to play out, so Callaghan won’t begin his new job until October.
The City Attorney reports to the council, not to the City Manager, so there’s not an inherent conflict — but there are plenty of likely occasions where a potential conflict will arise. An example would be the council’s regular evaluation of the city manager behind closed doors. The city attorney sits in on all closed sessions; would he need to sit out on Morrill’s evaluation?
Here’s the description of the city attorney’s job, from Roanoke’s website:
The Office of the City Attorney provides legal counsel to the City Council, the City Manager and other City officials, the School Board, the Superintendent and other school officials and Greater Roanoke Transit Company, a mass transit system wholly owned by the City. The Office represents the City and School Board and officials of each in all litigation on behalf of, or against, them. Upon request, the Office provides written legal opinions to City and School Board officials. The office drafts and/or reviews all contracts, agreements, licenses, permits, deeds, leases, franchises, and other legal documents to which the City or School Board is a party. All ordinances and resolutions adopted by City Council are also drafted by the Office of the City Attorney. In addition, the Office handles all real estate transactions on behalf of the City , preparing deeds, examining titles and conducting closings, and collects debts owed to the City, such as taxes, water and sewer accounts, weed and demolition liens and damage to City property. The Office of City Attorney is led by the City Attorney who is appointed by and reports to City Council.
After the jump, you can read more about Callaghan’s resume as well as the entirety of Lea’s statement from the beginning of the council meeting.
What do you think? Does this hire make sense given Callaghan’s background? Or should council have looked harder to find someone with no family ties to the city officials?
Here’s some more information on Callaghan and his appointment from city spokeswoman Melinda Mayo:
At the July 16, 2012 City Council meeting, Councilman Sherman Lea announced the selection of Daniel J. Callaghan as Roanoke’s City Attorney; Council will adopt a resolution officially naming Callaghan as City Attorney at a City Council meeting later this year.
Mr. Callaghan will begin his employment with the city on Oct. 17, 2012, and will be formally appointed City Attorney upon admission to the Bar.
Starting salary: $150,000
Mr. Callaghan is a resident of Manchester, New Hampshire, and a partner in the law firm of Devine, Millimet & Branch, one of the largest law firms in New Hampshire. The firm has 60 attorneys and 80 staff, with offices in Manchester and Concord:
–He served as an Associate with the firm from 1979-1984 –He served as a Partner with the firm from 1985 to present
Mr. Callaghan is both an undergraduate and law graduate of Villanova University and has been in private practice since that time:
Villanova University, B.A., Honor Studies, 1976 Villanova University School of Law, Juris Doctorate with honors, 1979
Throughout his years in practice, Mr. Callaghan has led legal teams that have represented cities and towns in complex economic development and community redevelopment matters, has served as lead legal counsel representing the University of New Hampshire and University System of New Hampshire in the affiliation of a private graduate school, and has negotiated with governments to create innovative land use regulations that create expedited and efficient processes for approvals. Additionally, he has vast experience in working to navigate the complex political and policy maze that is common to state legislatures.
Over the course of his career, Mr. Callaghan has proven adept at achieving results, often while facing long odds. He has shown that he has the ability to create cohesive teams that work to find solutions and that bring out the best in his colleagues and employees. And we are confident that Dan’s intellect, experiences, creativity and positive, goal-oriented demeanor are the right fit for Roanoke as we work to take our community to the next level.
The State of New Hampshire provides reciprocity with the Commonwealth for attorneys. Mr. Callaghan is in the process of applying to the Virginia Bar which may take several months.
Mr. Callaghan has a connection to the community – his brother-in-law is Chris Morrill, Roanoke’s City Manager. Dan and his wife Clare visited Chris Morrill and his family soon after he relocated here and were immediately attracted to our vibrant downtown, livable neighborhoods and outdoor amenities. With his life goal to get more directly involved in direct community service, the Roanoke City Attorney position was a perfect fit for Dan.
And here’s Lea’s statement:
Statement on appointment of Daniel Callaghan
as City Attorney of the City of Roanoke
Councilman Sherman P. Lea, Sr.
July 16, 2012
Before we begin I would like to make an announcement regarding the selection of the next City Attorney of the City of Roanoke.
Over the last six months, City Council, with the assistance of Colin Baenziger & Associates as well as Ms. Carolyn Glover, Director of Human Resources for the City, has conducted an exhaustive, nationwide search for our next City Attorney. Colin Baenziger & Associates, as you may recall, also assisted City Council in our City Manager search a few years back.
Mr. Baenziger was asked to recruit candidates for the position who are highly competent lawyers, strong leaders who are also strong managers, and persons who are of the highest ethical standards.
He was also asked to recruit candidates who are creative in their legal thinking and practice, innovative in navigating and finding solutions to complex challenges, and who have a deep understanding of the need for our government, and the City Attorney’s office, to interact and work with our residents and businesses in an open, transparent and customer-friendly way.
We are fortunate to have had a number of outstanding candidates for the position. After a very competitive process culminating with personal interviews with the top five qualified candidates, the City Council has selected Daniel Callaghan for the City Attorney position.
Mr. Callaghan is a Partner in the law firm of Devine, Millimet & Branch, one of the largest law firms in New Hampshire. He is both an undergraduate and law graduate of Villanova University and has been in private practice since that time. Throughout his years in practice, Mr. Callaghan has led legal teams that have represented cities and towns in complex economic development and community redevelopment matters, has served as lead legal counsel representing the University of New Hampshire and University System of New Hampshire in the affiliation of a private graduate school, and has negotiated with governments to create innovative land use regulations that create expedited and efficient processes for approvals. Additionally, he has vast experience in working to navigate the complex political and policy maze that is common to state legislatures.
Over the course of his career, Mr. Callaghan has proven adept at achieving results, often while facing long odds. He has shown that he has the ability to create cohesive teams that work to find solutions and that bring out the best in his colleagues and employees. And we are confident that Dan’s intellect, experiences, creativity and positive, goal-oriented demeanor are the right fit for Roanoke as we work to take our community to the next level.
The State of New Hampshire provides reciprocity with the Commonwealth for attorneys. Mr. Callaghan is in the process of applying to the Virginia Bar which may take several months. However, Mr. Callaghan will begin his employment with the city on October 17th and will be formally appointed City Attorney upon admission to the Bar.
You may wonder why a successful attorney from New Hampshire would want to come to serve the City of Roanoke. He has a connection to the community – his brother-in-law is Chris Morrill, our city manager. Dan and his wife Clare visited Chris soon after he relocated here and were immediately attracted to our vibrant downtown, livable neighborhoods and outdoor amenities. With his life goal to get more directly involved in direct community service, the Roanoke City Attorney position was a perfect fit for Dan.
Let me be clear – the Council thoroughly considered and discussed the potential challenges created by the close relationship between the City Manager and Mr. Callaghan. Several of us also presented our concerns to the City Manager and candidate and solicited feedback for how such challenges would be addressed. We are comfortable that any challenges will be handled in a professional way and any work required to overcome these challenges will be far surpassed by the benefits Mr. Callaghan’s experience and talent will bring to the position.
The appointment of the next City Attorney has been one of the most important decisions this City Council has had to make. It is a critical position that will help guide the future successes of our City. And it was a decision that seven members of City Council – and seven members alone – made. Our singular goal was to find the best person to lead the City Attorney’s office and we believe that Dan is the right choice for Roanoke at this time in our history. His extensive experience in a wide range of economic development issues is a key asset that he can bring to our community, and we believe his skills are well suited to Roanoke’s legal needs.
I also would like to take a moment to thank Tim Spencer, who has served as Acting City Attorney over these last six months and who has graciously agreed to continue in this capacity until Mr. Callaghan’s admission to the Bar. Tim is an excellent attorney, committed to Roanoke and its citizens, and has served very ably as Acting City Attorney. We look forward to continuing to work with Tim.
Roanoke is a wonderful place to live, work, do business and raise a family. Our goal as a City Council is to work with our partners – our regional government partners, private sector employers whose success directly impacts the quality and quantity of jobs in our community, non-profits and others, to create an environment that offers a prosperous and promising future. We believe that Daniel Callaghan as our next City Attorney will help take us to the next level. We are excited for his arrival and looking forward to great things from him.
I would like to introduce to you our next City Attorney, Daniel Callaghan, and his wife Clare.
July 17, 2012 - 10:16 AM
Look, not to any way disparage the fine abilities and lawyering skills of Mr. Callaghan, I am sure he is most qualified to be Roanoke City attorney. But, why on earth would the Roanoke City Council even go there with hiring the brother-in-law of the Roanoke City manager for the position to start with? What, not enough qualified, with plenty of municipal law experience under their belt, already VA Bar qualified attorneys besides the City Manager’s brother-in-law out there in Virginia and America to pick from? Why would these elected Council members even go there? Politically, ethically, is not only a recipe of stupid, but would never pass the smell test with the voters and taxpayers of Roanoke City. Why would they want to create trouble just for the heck of it?
The brother in law thing is shakey at best. The City manager already has too much power.. now this.
I think this is a very strange choice. Of all the attorneys in the state who might have wanted this job, they engage in naked nepotism and pull one down from New Hampshire who just happens to be related to Morrill? I’m sure the attorney in question is perfectly adequate, but this just looks very bad.
Ah. Roanoke doesn’t change.
You know, stuff like this, it seriously makes one wonder just how “politically clueless” the seven elected members of the Roanoke City Council, which includes the Mayor’s position, really are, especially since they all belong to the same political party.
I think that if every news outlet didn’t cap each article with “brother in law of City Manager”, then he would be looked at on merit alone. I agree it looks odd, but at the same time, it looks tacky that the news media states his relationship to Morrill as if it is suspicious.
Council is a joke. They spend thousands on a search firm (because you know council can’t make a decision without at least one consultant) and then hire the brother-in-law, who already knew about the job? Why does a 57 year old partner in a law firm leave for a public sector job? If he’s not already making more money than this, he’s probably not a very successful attorney. He has maybe ten years before retirement. I’d be curious to know what kind of retirement package was negotiated. And he starts out at $10k more than the previous person at retirement age? And how do you feel if you are the (already in Roanoke, been doing the job for a year)interim attorney? Pretty shabby, I’m sure.
Even after all of the ridiculous decisions they’ve made in the past, I am still surprised by this one. It was a no brainer no-go. Sheesh.
Your question in today’s paper for the blog, “Does his resume outweigh his family ties?” needs to be reframed to the real question of the matter: “Is it worth the public PERCEPTION that this hire casts grave doubt on the integrity of Roanoke City government to employ this person related by marriage to the city manager?
Perception IS the essence of what matters in the public discourse.
And professional wisdom always says when in doubt, DON’T! Roanoke City government has made a number of missteps in the last decade. This latest misstep only adds to the level of rampant distrust of government today.
The Wall Street Journal recently featured an article on law schools wanting to cut back on the number of applicants they accept because there are too many lawyers and not enough jobs for them. So I simply do not believe Roanoke must hire an out of state lawyer because there is not a qualified Virginia lawyer to fill the city attorney’s position.
I just read Mason’s story in today’s edition, and I just have to say, that if the best the Roanoke City Human Resources Department could do was only come-up with a few names of qualified attorney’s for a $150,000 per year job, then maybe they need a NEW Human Resources Department along with a new City Attorney! In this day and age when the statistics show that 1 out of every 2 recent college graduates are unemployed, they can’t find a qualified attorney? What, nobody reached out to all of the assistant city attorney’s in the surrounding jurisdictions that might want to move-up the municipal attorney food chain?
Just picture and imagine this: Five years ago, the Roanoke City Council hires the brother-in-law of City Manager Darlene Burcham to become the $150k per year Roanoke City Attorney. Can you imagine the negative blowback the Council would have received for that???
What about the appearance of impropriety.
Bless his heart, he better be Solomon and Perry Mason combined!
In my opinion, he should not have been hired for obvious reasons.
I’m sure some members of Council made this poor decision out of arrogance (Ferris, Rosen) and some did it out of ignorance (Price, Lea). Bottom line is that the citizens reelected these clowns just two months ago so as the old saying goes “you get the government you deserve”. Roanokers must feel like this is the kind of government they deserve, and that in my opinion is one huge inferiority complex that is played out each election cycle. Anita Prices’ explanation of this issue is the dumbest thing she has said since she proudly stated that getting a Dillards to come to Roanoke was her highest economic development priority. Come to think of it it is about the only thing she has said. This is a very misguided decision for this council but it is certainly not the first for them, nor will it be the last.
I don’t care what they say, I have significant experience in local government and local government law in Virginia and any Virginia municipality that hires a municipal attorney who does not have substantial local government experience, IN VIRGINIA, is screwing its citizens.
I also have several years of local government law experience and the city council is hurting its citizens by refusing to hire a Virginia licensed attorney with significant local government law experience. From what I can tell, the guy they did hire has a lot of bankruptcy experience and hiring him might be ok for an entry level city attorney job, but not as THE city attorney!
I know for a fact that city council rejected a person with several years experience in Virginia local government law. It makes no sense.
As an outside observer, and someone who has known Dan Callaghan in NH since the 1970′s, you folks have no clue how incredibly fortunate you are to be able to GET Dan to be your city counselor. As a senior partner, what do you suppose he made? Not what Roanoke is paying. As time plays out in this issue, you will all come to realize, you have someone of LITERALLY unimpeachable virtue to help you navigate some tortuous pathways, in unstable times for municipal, and state finances and needs, and someone who is well experienced in doing so both with legislators and lobbyists. Put away the appearance considerations and concentrate on substance.
You are lucky to get him. You have no idea.
Mike, if you read the comment you’d realize that no one’s questioning Mr. Callaghan’s integrity. But please tell me that if some small city in NH was informed that the best qualified candidate for office was an attorney from Roanoke, VA – who just happened to be related to the city manager – it wouldn’t raise some eyebrows?
It looks bad. No matter how wonderful Mr. Callaghan is, it looks bad, and it’s easy to say “put away the appearance considerations” when it’s some other bunch of taxpayers footing the bill.
As for being “lucky”…I’d speculate we have some pretty decent attorneys down here too. Maybe he’s the lucky one.