City Council members have long mentioned the possibility of having their own legal counsel.
Whether it was over conflicts with past general counsels or simply feeling a need for independent help, the discussion has been going on for years.
That idea could become a reality in the next several weeks.
Council member Bill Gulliford has introduced a bill creating an Office of Legislative Counsel, which can be staffed by a chief legislative counsel, assistant counsels, paralegals or specially retained outside counsel, according to the legislation.
Gulliford said the intent is to have an opportunity for “some independent advice tilted toward the legislative effort.” The city charter allows for the creation of the office.
Council President Clay Yarborough, a co-sponsor of the bill, said he believes it will be a positive step toward having counsel that has no inhabitation when guiding council members. The office would report to council, not the mayor, which would eliminate any possible attorney-client privilege conflicts when drafting legislation.
Yarborough said there were times in the past when he discussed ideas for bills with city attorneys, only to have the idea discussed elsewhere.
In addition, attorneys who serve just the council wouldn’t be in a compromising position by having to serve both sides of city government.
Council member Bill Bishop, another of the bill’s co-sponsors, agreed.
“General counsel, for all of the great stuff and great people they have over there, they have the unenviable task of being all things to all people,” Bishop said.
He said council members need “absolute faith” in their attorneys and that even perceived conflicts create animosity.
In the creation of the office, whomever the general counsel for the city is would still have final say on all matters, per consolidation rules. All three of the bill’s sponsors said they had no issue with staff or General Counsel Jason Gabriel.
Yarborough said the bill being filed wasn’t an indictment on the staff, but was intended to establish an office that’s been talked about for years.
“It’s about the positions and functions, not personalities,” he said.
Gulliford said one example of the need is how a general counsel is appointed. The mayor selects someone, council members sign off on the deal, but only the mayor can remove that person. Under this deal, council members would even the scales.
“Unconsciously, you have to recognize the mayor has more power over the general counsel than City Council,” he said.
There is no funding source attached in the bill.
Yarborough said one possibility, should it become a permanent fixture, could be to take a couple of attorneys already within the general counsel’s office. That would make it relatively cost neutral.
Bishop also said that would be a logical approach.
Gulliford, though, said the intent now is to just hire outside counsel on certain issues.
The bill will be introduced Tuesday to the full council and go through the normal legislative process.
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