Council to weigh changes in Town Attorney reporting and oversightTonight, the Oro Valley Town Council will consider a resolution that changes who hires the Town Attorney and to whom the position reports. The matter comes forward at the request of Vice Mayor Barrett and Councilmember Nicolson. It is a public hearing. The matter is particularly relevant since the Town's Director of Legal Services is retiring. (We have also hear that another member of the legal team is retiring though we have found no public notice of this.)
Current model places Town Attorney under Town Manager
Under today’s structure, Oro Valley’s Legal Services Director serves as Town Attorney and reports to the Town Manager, who appoints and evaluates the Director. This arrangement keeps the attorney within the management chain, ensuring alignment with staff operations. Supporters say this promotes efficiency. Critics argue that it limits the attorney’s independence, since the Town Manager oversees performance. They also note that the Town Manager is not an attorney and cannot add value to or properly evaluate the professional operations of the department.
In many larger and more mature Arizona cities, the City or Town Attorney is appointed directly by the Council and reports only to that body. Cities such as Tucson, Scottsdale, Tempe, Mesa, Peoria, Gilbert, and Flagstaff follow this structure. The advantages are clear: Council receives unfiltered, independent legal advice on issues where staff may have a stake, and Council members can consult directly with their attorney without staff involvement. This structure strengthens transparency, accountability, and the separation of powers.
Council appointment could reduce reliance on outside counsel
The Oro Valley Town Council currently retains the law firm of Mesch, Clark, Rothschild. The firm is contracted to be present at all Council meetings to provide legal advice directly to Councilmembers during deliberations. The firm is retained by the council and reports directly to them. From time to time, the firm has also been engaged for special projects. Shifting the reporting structure so that the Town Attorney reports directly to Council may reduce, or even eliminate, the need for this outside legal support.
In communities like Tucson, Scottsdale, and Tempe, the Council-appointed attorney serves as the independent legal advisor to the governing body. Outside legal counsel is used only for highly specialized matters, not for routine Council meetings or day-to-day advice. This streamlines services, reduces duplication, reduces cost and ensures Council has a single, direct source for legal guidance.
Move would put complete public safety alignment under Council oversight
Currently, the Police Department and the Oro Valley Municipal Court already report directly to Council. Adding the Town Attorney to this reporting chain would complete the cycle and further emphasize public safety as central to the Town’s mission. All that is needed is a Council majority vote to make the change.
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A look back
Oro Valley’s “two Tobins” and how Oro Valley came to use both inside and outside counsel
Oro Valley’s “two Tobins” and how Oro Valley came to use both inside and outside counsel
In 2012, Oro Valley employed two attorneys on staff — Tobin Rosen as Town Attorney and Tobin Sidles. Rosen was Town Attorney. He attended Council meetings and provided legal advice directly to Council. Sidles worked under Town Attorney Rosen. His duties included civil legal work and municipal prosecution. Their complementary positions reflected the Town’s recognition of the broad legal workload: General counsel for Council and staff alongside a prosecutorial function. When Rosen announced his retirement in late 2012, Mayor Hiremath and his a council appointed Sidles as Interim Town Attorney. In 2013, the town council amended the Town Code (Ordinance O13-15, May 15, 2013) to formally create the position of contract Town Attorney. This new role reported directly to Council, with responsibilities limited to advising Council at meetings and on special projects Council brought in an outside contract attorney for Council meeting legal advice, never replacing Rosen's position in house. Sidles moved into the role of Legal Services Director.
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