Pasco city attorney planned to resign soon. Now he’s locked in through next year
Pasco’s city attorney intended to resign in May, but after a recent meeting his plans have changed.
The Pasco City Council at a special meeting on Feb. 24 voted unanimously to keep attorney Eric Ferguson and his law office Kerr Ferguson Law (KFL) onboard with the city through September 2026.
The city’s contract with KFL was extended last September for two more years.
Then in November, Ferguson gave the city his notice to resign — he would have ended his contract early on May 31, 2025.
It’s unclear why Ferguson chose to resign, but he, city staff and the city council discussed at a Feb. 18 meeting that the legal workload from the city had become too much.
Then recently, Ferguson told the city council that he’s willing to continue working for the city, but he needs more staff, and asked for better communication and direction from the council and city staff.
Interim City Manager Dave Zabell told the Tri-City Herald that after recent discussions with Ferguson and city meetings, he believes that Ferguson changed his mind because the city is facing a top management void and he could offer the city greater stability if he agreed to keep working.
KFL has provided the city legal services since 1995 and Ferguson has been contracted by the city for more than 10 years.
More staff, more hours
Zabell told the Herald that Ferguson is currently seeking out additional staff for his firm to help him meet the city’s legal needs.
“The city has more work than Kerr Ferguson Law has hours to provide right now,” Zabell said.
The city would pay for more billable hours when Ferguson hires more staff to provide the city legal services.
Pasco pays KFL at rates of $185 hourly for attorneys and $90 hourly for paralegals and legal assistants. It’s unclear how many employees work at Ferguson’s office or how Ferguson assigns work to his legal team.
The city’s existing budget will cover the cost of an increase in hours through September 2026.
Zabell wrote in a statement to the Herald that over the past several years, the city has paid KFL between $400,000-$600,000 annually, depending on the city’s demand for legal services.
Ferguson declined to comment to the Herald about the situation after the Feb. 24 special meeting.
City attorney’s role
Cities can either hire an in-house attorney or enter into a contract for legal services. The city attorney is separate from the city prosecutor, which handles misdemeanors and gross misdemeanors in Pasco’s municipal court.
Kennewick’s employs three attorneys, two legal secretaries and a docket clerk in its city attorney’s office, according to the city staff directory.
Richland’s office employs a city attorney, administrative assistant, a risk and safety program administrator, a public records clerk and a public records analyst.
The city attorney’s client is the city as an entity. Their role is to give legal advice to all branches of city government and represent the city in actions brought by and against the city.
Ferguson’s responsibilities include providing legal advice to the city council and city staff, reviewing contracts and drafting city ordinances, resolutions and agreements.
Pasco is considering whether to create its own city attorney’s office, like many other larger cities, instead of contracting with a law firm.
The council took an initial step last week and approved an amendment to its 2025-26 biennial budget, setting aside money to hire a in-house city attorney, an assistant city attorney and an administrative staff member.
It’s unclear whether the city will move forward with an in-house legal team after the contract with KFL ends in 2026.
