Sen. Randy Head, a sitting state senator, is now the city attorney for Logansport.
Before that could happen, guidance was requested from the Indiana attorney general to ensure that a state senator serving as a city attorney would not be a conflict of interest. The AG said that the position of city attorney is not considered a “lucrative” position, and filling that role would not conflict with the legislative office.
With a new mayoral term beginning in 2012, Logansport Mayor Ted Franklin named Head, R-Logansport, as the city’s new legal counsel on Dec. 30. The announcement came after the mayor-elect had learned his first choice, Logansport attorney Matt Barrett, couldn’t serve in that capacity because of his involvement in an ongoing lawsuit against the city.
Head has been a state senator since 2008. He unsuccessfully applied for an open position on the Indiana Court of Appeals prior to his election to the Indiana Senate and served as Cass County deputy prosecutor from 2003 to 2008.
Before Head could take the appointment, he had to wait for a verbal opinion from the state AG to determine whether he could hold both jobs – one as a part-time legislator and the other as the city’s legal counsel. Spokesman Bryan Corbin said no formal written opinion had been issued and attorney-client privilege prohibits any specific statement on this situation. But he referred generally to the Dual Office Holding Guide that classifies the city attorney position as a “non-lucrative” job and is allowed according to a 1964 official opinion.
The Logansport mayor’s office said Head would be withdrawing as co-counsel in a lawsuit against the city involving seven retired city firefighters who allege they weren’t fairly compensated for six weeks of unused vacation time after taking a buyout.
During the legislative session, which reconvenes on Wednesday and concludes in March, Logansport attorney Don Tribbett will serve as city attorney.