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Cost of sheriff lawsuits: $226,630Wed, 07/05/2006 - 8:23am
By: John Munford
County’s legal firm collects over $400,000 a year for past 3 years Fayette taxpayers are paying dearly for the legal disputes between the Fayette County Board of Commissioners and Fayette County Sheriff Randall Johnson, and that has also made the county’s legal bills swell over the last three years, according to an analysis conducted by The Citizen. Those bills indicate that more than $225,000 has been spent on the various litigation between three law firms: $138,894 for the county’s law firm of McNally, Fox and Grant; $70,882.31 to Webb, Lindsey and Wade law firm, which has represented the sheriff’s department, and $16,854.63 to attorney Charles W. Byrd, who also has represented the sheriff’s department. County Commission Chairman Greg Dunn confirmed Friday that the sheriff and the county are seeking a resolution to one of the current pending lawsuits, which involves a variety of issues including the county’s request for the sheriff’s department to use county purchasing procedures. Also still pending is litigation involving whether or not the county’s marshals department is empowered to make arrests; Johnson had previously refused to house prisoners arrested by marshals, contending the marshals department was operating illegally because it didn’t begin operating until after counties were required to hold a referendum to start a county police force. The county has paid more than $400,000 a year in legal bills from McNally, Fox and Grant over the past three years, according to county records. The county has already eclipsed that mark handily so far this year, even with three months of bills left in the fiscal year. So far this year, the county has spent $436,113.48, compared to $451,310.58 in the 2005 fiscal year and $404,063.12 in the 2004 fiscal year. By comparison, neighboring Coweta County paid $326,000 in legal fees in 2005 and $316,000 in 2004, officials said. In addition to conducting research on a variety of issues for the county ranging from contracts to property deeds, McNally, Fox and Grant’s office also handles such routine matters as all open records requests and other information gathering. This includes spending more than nine hours one day last year to review documents at the headquarters of the Flint River Regional Library relating to financial questions posed by the County Commission. The Citizen sifted through hundreds of pages of detailed legal invoices to compile the figure for the attorney fees relating to the sheriff’s lawsuits, which is current through May’s bills of this year, which include legal work conducted through the end of April. On its bills, the county attorney’s office individually lists the number of hours an attorney works on a given issue, but none of the invoices aggregated the number of hours spent that month on any particular issue such as the litigation between the sheriff and the county. The Citizen individually compiled the hours worked on matters directly related to the lawsuits with the sheriff’s department as listed on each invoice. Only line items directly attributable to the legal dispute were included in compiling the $225,000 bill, and any line item was not considered in The Citizen’s tally if it was not clearly related to the litigation between the sheriff and the county. Dunn said he wasn’t sure if The Citizen’s figures on the sheriff’s lawsuit were accurate, and at a candidate forum the night before he said the county had spent about $100,000 on the matter. Dunn didn’t challenge The Citizen’s figures Friday afternoon. The county attorney’s fees and the litigation with the sheriff is being used as an election issue by Eric Maxwell, who is campaigning against Dunn for the Post 4 seat on the county commission. Part of the reason for the high cost is because the commission is paying for attorneys on both sides in the sheriff’s cases, Dunn noted. Dunn also noted that the commission is in talks with Johnson to settle the latest suit, as recommended by the presiding judge in the case. “We are talking about seeing if there’s any way to avoid going to trial, but we’ll see,” Dunn said. Any settlement would be dependent on state law being followed, Dunn said, and the county has alleged that the sheriff isn’t following the county’s purchasing guidelines as required, among other complaints. The county has also accused Johnson of improperly disposing of county property such as unmarked automobiles that are traded in for others and weapons that were traded in for new ones. The sheriff’s department has contended that the property is its to dispose of, particularly in the case of items that are purchased with money seized from drug raids, which is disbursed by the federal government and cannot be spent on the department’s regular budget. One problem that still exists, Dunn contends, is that the county doesn’t know about each and every item the sheriff’s department purchases. Dunn characterized the lawsuit as “unfortunate,” but he said the county could easily recoup the $225,000 spent so far by having the sheriff comply with county purchasing guidelines. That includes being able to auction off vehicles and other items instead of trading them in, for example, Dunn said. It could take a year or two or more to recoup the funds spent on the suit, Dunn suggested. It will also save money to get bids for items that need to be bought instead of calling for quotes from two or more suppliers as the sheriff’s department is doing now, Dunn said. “If we can do things to make it easier for them to comply, we will – if it makes sense,” Dunn added. “... Our board is willing to give it a fair shot.” Dunn also noted that The Citizen’s figure for the sheriff’s dispute is far lower than the figure touted by others in the campaign, saying that the county has spent a half million a year on legal fees. “They don’t have to tax the people. We do,” Dunn said of the litigation with the sheriff over the purchasing matter. “They don’t have to account all the money to the people. We do.” Dunn said the sheriff’s department’s purchasing procedures don’t look out for the bottom line in terms of trying to hold down taxes for citizens. “That’s higher taxes they have to pay.” Dunn also defended the county’s overall legal bills at Thursday’s candidate forum, saying the county has taken steps to defend its sign ordinance, for example, against litigation from a company wanting to erect billboards. Other litigation includes a case filed against Maxwell over signs erected in his yard, and Maxwell said Thursday night that the county has agreed to drop the suit and pay his attorney’s fees in the case. login to post comments |