Charleston City Council refused a proposal by Councilman Timmy Mallard to hire an attorney to work exclusively for the council (as opposed to staff attorneys who currently work for the council, mayor, and the city and who serve at the mayor’s discretion).
Mallard had argued that it was a matter of checks and balances between two branches of government. The argument stems from a meeting last month in which city staff agreed with Mayor Joe Riley that a Public Safety Committee meeting called by Councilman Jimmy Gallant was illegal.
“Who handles their annual performance, their wages, whether they’re hired or fired,” said Councilman Gary White. “It makes members feel there’s a conflict of interest.”
But the council saw it as a waste of taxpayer money and unnecessary, voting down the measure in a voice vote.
Councilwoman Deborah Morinelli said there has never been a conflict of interest where the staff attorneys worked against the interests of the council. Mallard’s suggestion of anxiety and animosity between the council and staff attorneys was untrue, she said.
“There is none. If there is, it’s you (Mallard) who created it,” she said.
The charge of a conflict of interest could be applicable to any department, said Councilman Aubrey Alexander. That would require hundreds of thousands of dollars spent to hire these new City Council advisors in every department.
“I don’t think we really need to go there,” he said.
The city’s lawyers aren’t there to give you the answers you want to hear, said Mayor Joe Riley, regardless of who you are.
“They give you their honest appraisal,” he said. “And it may not be what you want to hear. And it may not be what I want to hear.”
Councilman Larry Shirley, who has lost fights on bar closings and smoking bans, told Mallard that he understood his frustration, but that it was misplaced.
“I lost those fights, not because I didn’t have a good attorney, but because I didn’t have the votes on council,” Shirley said.




