Municipal elected officials and lawyers: "It is a world of sensitivities that not every lawyer knows"

Advocates Uri Ohad and Itay Shunshine are partners at a law firm in Petah Tikva, and both have served for many years as volunteer members of the Petah Tikva City Council. In a special interview, they explain why licensing and construction procedures take so long, discuss the precedent-setting case they are currently managing, and explain how their public experience helps authorities improve service to residents.

There are lawyers who know the local authority from the outside — from the podiums of the courtroom. Advocates Uri Ohad and Itay Shunshine also know it from the inside, from the rooms where decisions are made. The two have sat for many years around the Petah Tikva City Council table by virtue of being elected members, a role they perform on a fully voluntary basis.

The dual aspect of being both elected officials and those who know the legal-municipal world gives their perspective a unique perception.

"At the end of the day, the work is with the public and with the elected officials alike," explains Adv. Itay Shunshine. "It is a world of sensitivities that not every lawyer is aware of. Even if they are, it takes years to understand how public action really works."

At the head of the firm stands Noga Ohad, Uri's mother, a senior retired district judge, who began her path in local government as the legal advisor to the Ramat HaSharon Municipality. Working alongside her is Adv. Meirav Nir-Ohad, wife of Adv. Uri Ohad.

Adv. Ohad has served as a member of the Petah Tikva City Council for many years, previously served as the Mayor of Petah Tikva, and was recently appointed Chairman of the Local Government Committee at the Israel Bar Association. Adv. Shunshine began his public path as Chairman of the National Student Union, continued as a council member and Deputy Mayor of Petah Tikva, and also served as Director General of the Israel Bar Association.

Combining Legal and Managerial Perspectives

"In issues related to work with other authorities or municipal companies, we combine our legal capabilities in areas such as tender law, labor law, and litigation," explains Shunshine. "But we also bring with us rich political-public experience. Many times, when advising mayors or municipal CEOs, this experience is decisive: how to correctly phrase things and which mines should be avoided."

One of the recurring complaints of residents is the feeling of bureaucratic apathy. Adv. Ohad sets things on one simple principle:

"The municipality has one central role: to provide service to the resident. We insist on not leaving a resident without an answer, even if from a legal perspective they are not right. Our view is dual: it stems both from the perspective of an elected official who stands for the voter's test, and from our professional angle as litigators."

The same logic guides them in the field of tenders: "When we conduct or accompany a tender, we insist on full transparency. Even a party that did not win receives full information, so that the procedure is open and fair, and there is no feeling that something was done in the dark."

The Difficulty in Licensing: "It's Not the Law, It's the Manpower"

Shunshine, who served for 12 years on the Subcommittee for Planning and Construction of Petah Tikva, notes that the main barrier is not regulatory, but a severe shortage of professional manpower: plan checkers, licensing managers, and engineers.

"Salary in the public sector is limited, making it very difficult to attract quality professionals who prefer the private sector," he explains. "In one of the large cities, issuing a building permit takes between two to three years. This could be shortened significantly if there were suitable manpower. The solution does not necessarily require new legislation: if mayors exert focused pressure on government ministries to improve salary conditions, this regulation will become much more comfortable and efficient for residents."

The Precedent-Setting Case: When the Mayor Has No Majority

Adv. Ohad recalls an interesting case involving the local election system, where voting for the mayor and the council faction is separate, creating situations where a mayor is elected but lacks a majority in the council.

"The Subcommittee for Planning and Construction is the most influential committee in the authority. As a rule, the role of chairman is entrusted to the mayor or his representative. However, in this authority, the council decided to entrust the role to a representative from the opposition. The mayor opposed this, and the issue reached the District Court," says Ohad. "We represent the council in this case. We have managed to prove that the Planning and Construction Law does not determine that the mayor must serve as committee chairman, but that the authority to appoint is entrusted to the council itself. The issue will likely reach the Supreme Court."

The Battle Over Water Corporations

Another burning issue concerns the future of water corporations. "There is an attempt to dismantle the water corporations and return activity to the direct responsibility of the municipalities," says Adv. Shunshine, who serves as the legal advisor to the national body of water corporations. "We are working to preserve the corporations to ensure the best service for residents. The legislation promoted by Minister of Energy Eli Cohen has already passed a first reading, and we will soon submit our detailed position on the subject."

*The information in this article is general only and does not constitute a substitute for professional legal advice.