After Decades with Clark, Mize & Linville, Salina Considers In-House City Attorney

After Decades with Clark, Mize & Linville, Salina Considers In-House City Attorney

Salina, KS — The City of Salina will consider a proposal to transition from its long-standing contracted legal services model to a hybrid system that combines a full-time, in-house City Attorney with continued contracted legal support. The proposal, outlined in a Request for City Commission Action from City Manager Jacob Wood, will be discussed during the October 13, 2025 City Commission meeting


Background: End of a Nearly 40-Year Contract

Since 1986, the City of Salina has contracted legal services through Clark, Mize & Linville (CML), with Greg Bengtson serving as City Attorney throughout that time. The agreement, updated several times over the decades, has defined the firm’s responsibilities, including attendance at City Commission meetings, weekly agenda sessions, executive staff meetings, and 250 hours of legal consultation each year. Work beyond that scope has been billed hourly.

Mr. Bengtson has informed the City that he plans to step down from his lead role at the end of 2025, though he will continue limited practice at CML. The firm intends to transition its municipal work to other attorneys within the office.


Following Bengtson’s planned transition, city staff conducted a survey of similarly sized Kansas municipalities. Most cities reported using in-house attorneys rather than fully contracted legal services. After consultation with CML, staff recommended adopting a hybrid legal services model.

Under this structure, the City would:

  • Hire a full-time, classified City Attorney, employed directly by the City of Salina.
  • Continue to contract with CML for specialized or overflow legal work.

The in-house attorney would assume the responsibilities historically handled by the City Attorney, while CML would remain available for technical or complex cases that require its institutional knowledge.


Actions for Commission Consideration

The City Commission will consider three key legislative items to implement the transition:

Item A: Ordinance No. 25-11258
Amends Salina Code Section 2.51 to remove the City Attorney, Assistant City Attorneys, and Municipal Judge from the list of exempt positions, making them classified employees eligible for benefits under the City’s personnel manual.

  • The Municipal Judge is already treated as a classified employee; this change brings the City Code into alignment with existing practice.

Item B: Ordinance No. 25-11259
Repeals Division 2 (Sections 2-106, 2-107, and 2-108) of the City Code, which outline the qualifications and duties of the City Attorney and Assistant City Attorneys.

  • These provisions date back to when city departments were codified in municipal law.
  • The City now manages such qualifications through position descriptions maintained by the Human Resources Department, making this section outdated.

Item C: Resolution No. 25-8315
Amends the 2026 Staffing Table and the Position Classification and Salary Schedule (previously adopted under Resolution No. 25-8307).

  • The City Attorney position would be added under the City Manager’s Office, in Pay Grade E87, with a salary range between $122,460 and $195,935.
  • The resolution would also repeal the prior staffing table resolution.

Fiscal Impact

The 2026 City budget allocates $595,850 for legal services, which includes general counsel (CML), bond counsel, and specialized counsel. This funding will cover both the new in-house City Attorney position and any continued contractual services.

While no immediate cost reduction is guaranteed, city staff note that the transition to an in-house legal structure may result in cost savings over time.


Staff Recommendation

City staff recommend approval of all three items — Ordinances 25-11258 and 25-11259, and Resolution 25-8315 — to facilitate the legal transition and ensure a smooth handoff from CML to the City’s first in-house legal counsel.


Summary

The proposed change marks the first major structural shift in Salina’s legal services model since 1986. If approved, the City will create a full-time City Attorney position beginning in January 2026, while maintaining flexibility to use Clark, Mize & Linville for specialized or overflow work.

The hybrid approach aims to preserve institutional continuity while aligning Salina’s legal framework with practices used by other Kansas municipalities.


Editor’s Note: City Commission Meeting Access

The Salina City Commission will meet on Monday, October 13, 2025, with a Study Session at 2:30 p.m. and a Regular Meeting at 4:00 p.m. Meetings will be held in Room 107 of the City/County Building and streamed live on the City of Salina YouTube channel and via Zoom at https://us02web.zoom.us/j/89275984587.

Citizens can also call 1-346-248-7799 (Meeting ID: 892 7598 4587) to listen or speak during public comment. Written comments may be submitted through the “Email City Commission” icon at www.salina-ks.gov by 5:00 p.m. Sunday prior to the meeting.

For more information, contact the City Clerk’s Office at (785) 309-5735.

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