The McComb city board on Tuesday hired attorney Ronnie Whittington to represent the city over legal fees from the lawsuit that forced David Myers off the board.
The hire, by a unanimous vote, followed the filing of a bill of exceptions in Pike County Circuit Court by attorney Norman Gillis Jr., who is seeking $123,000 for representing the city against Myers.
Myers was removed from office in April after a legal battle that lasted more than six years and meandered through various state and federal courts, plus the U.S. Justice Department.
By a 4-1 vote last month, board members declined to pay Gillis, citing his failure to update his expenses.
Board members voted to hire Whittington after an executive session to discuss pending litigation. The same agenda item died earlier in the meeting for lack of a second to a motion by Selectman Melvin Joe Johnson.
Selectmen who declined to second said the initial refusal was over procedure in Whittington’s hire: Mayor Zach Patterson said that he had already asked Whittington to prepare documents necessary to reply to Gillis’ bill as a matter of meeting a court deadline.
“The mayor had started interviewing people and things of that nature,” said Selectman E.C. Nobles. “Where we were all kind of shaky was why wasn’t there a special called meeting on it or something like that? The opposition was that there was an attorney that was going to be hired, and the board had nothing to do with it.”
But Nobles also said he was comfortable with the hire after consulting with City Attorney John H. “Bubber” White regarding the need for the city to have representation following White’s recusal, citing a conflict of interest.
Nobles said he had been assured the cost would be a standard rate of approximately $125-$150 per hour.
“What we were told was that this was a time issue, and we needed an attorney as soon as possible, because Mr. Gillis had filed a brief,” Nobles said.
Selectman Wade Lamb, however, said the process lacked the board’s input.
“As far as that vote, my comment would be that I was advised by the mayor, the city administrator and the city attorney that, due to time constraints in this litigation, an answer had to be made quickly,” Lamb said.
“Mr. Whittington had handled that for the city, and our vote was just a formality.”
Officials at City Hall were not available this morning to confirm or deny that account.
