City Attorney: Stanley Schwartz
Stanley M. Schwartz obtained his BA from the University of Denver and his law degree in 1984 from Gonzaga University School of Law. He is a principal of Witherspoon, Kelley, Davenport & Toole, P.S. and licensed in Washington and Idaho. Mr. Schwartz has been the contract City Attorney for the City of Airway Heights since 2000 and was involved in the transition from the Mayor-Council to Council-Manager form of government. His transactional and litigation practice relates to engineering and construction services, capital programs, finance, economic and community development, zoning, planning as well as transportation.According to Airway Heights Municipal Code, unless otherwise required by law, as a condition of service or employment the City shall provide to an official, officer or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official, officer or employee may have concluded service or employment with the City, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official, officer or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the City in their capacity as a City official or employee, unless such act or omission is specifically excluded under AHMC 2.11.020.
The legal services shall be provided by the Office of the City Attorney unless:
1. Any provision of an applicable policy of insurance provides otherwise; or
2. A conflict of interest or ethical bar exists with respect to said representation.
In the event that outside counsel is retained, the City shall indemnify the employee from the reasonable costs of defense; provided, that in no event shall the officer, official or employee be indemnified for attorney’s fees in excess of the hourly rates established by the City’s contract with the attorney selected by the City. The officer or employee shall be liable for all hourly charges in excess of said rate, and for any fees and costs determined not to be “reasonably necessary” for the official, officer or employee’s defense, as determined by the City Council. (Ord. C-483, 2001; Ord. C-433, 1999)