City Council Appoints New Corporation Counsel

Mark Tabakin, who has been acting as the city's corporation counsel for the past month, was appointed to the post by the City Council on Wednesday night. 

Tabakin replaces former corporation counsel Michael Kates who resigned in September, after saying he could no longer combine his daily work with working as corporation counsel. 

Tabakin will be serving the city for an annual salary of $103,000, which was approved 9-0 by the council. Tabakin will also be paid $10,000—also decided in a 9-0 vote—to work on the pending law suit with S. Hekemian Group, the development firm suing the city after the failed sale of the municipal garage. 

Lastly, city council approved the allocation of $200,000 to Weiner Lesniak—the lawfirm where Tabakin is a partner—for other employment related law suits currently facing the city. 

"We're retaining the firm and the attorneys for seven discrete litigation matters," explained Councilman-at-Large Ravi Bhalla. 

Council approved awarding a maximum of $200,000 annually to Weiner Lesniak in a 5-4 vote. Councilmembers Teri Castellano, Beth Mason, Michael Russo and Nino Giacchi voted against.

"It was never my understanding that there would be $200,000 in additional litigation cost," said Sixth Ward Councilman Giacchi. 

"I have major issues with this contract," said Third Ward Councilman Russo. 

Tabakin said that currently, the city spends about $1 million a year in legal costs. Weiner Lesniak will take on seven pieces of litigation for the $200,000. In one of those cases, 11 former city employees are suing the city after they did not receive the payments they were promised after taking part in an unauthorized early retirement incentive program. 

Another case on that list of seven, is litigation involving the 2007 SWAT team scandal.

"$200,000 is a bargain for six cases as an annual appropriation at this point," said Tabakin. "You keep getting sued."

Under the contract, Tabakin will work for the city three days a week. But, he said, he will provide the service that is needed, regardless of what day of the week. 

Besides the new corporation counsel and his firm, the city will continue to employ many other lawyers on issues such as special development, bankruptcy, rent control and other issues, Tabakin said.