TUSTIN : Legal-Fees Dispute Goes to Arbitration

The end may be in sight for a long dispute over legal fees accrued by two councilmen who lost a bitter battle against changing election dates.

An arbitration hearing to decide who should pay about $145,000 in attorney fees has been scheduled for Aug. 27 and 28 in Los Angeles.

The fees were for the representation of Councilman Earl J. Prescott and former Councilman John Kelly in their fight against the council majority’s decision to change municipal elections from November to April.

Prescott and Kelly claimed that the decision was illegal because one of the council members was not a legal resident when he cast the deciding vote. They lost in court, but have been trying to recoup their legal expenses.

They maintain that the city should pay their legal fees because they were council members, but City Atty. James G. Rourke sees it differently.

“We don’t think that they should get anything. They’re the ones that were the cause of the litigation,” Rourke said.

Last year, both sides agreed to have an arbitrator decide who should pay. Retired Los Angeles Superior Court Judge Robert Feinerman will hear the case.