College Park says there is no conflict of interest in the city paying attorney fees on both sides of a court case spurred by a council member.
The Georgia First Amendment Foundation disagrees, describing it as improper and a lack of transparency.
Mayor Bianca Motley Broom said that she finds the city representing two sides of a court case “highly unusual.”
Councilwoman Jamelle McKenzie is suing resident Mose James IV and Deputy City Clerk Queenie Brown in Fulton County Superior Court to permanently end a recall effort to remove her from office. James IV submitted the recall petition in July on behalf of the Committee to Recall Jamelle McKenzie; Brown verified the signatures on the petition.
Following a court hearing held last Wednesday, Fulton County Superior Court Judge Belinda T. Edwards is considering whether the petition submitted to the city clerk’s office was drafted properly.
While James IV has his own attorney, James Walker, College Park has confirmed the city is paying the attorney fees for McKenzie and Brown. McKenzie is represented by a private attorney, Jeremy T. Berry. Brown is represented by city attorney Winston Denmark.
Richard T. Griffiths, a spokesman for the Georgia First Amendment Foundation, said it’s appropriate for College Park to represent Brown but not McKenzie.
“The city should not be funding litigation brought by a city council person against its own citizen [who was] following their constitutional rights,” Griffiths said. “This takes the dysfunction in this city to a whole new level. To have the city fund litigation on both sides seems crazy.”
The First Amendment Foundation advocates for public transparency.
According to College Park spokesperson Bill Crane, when McKenzie learned of the recall effort, Council members Roderick Gay, Joe Carn and Tracie Arnold agreed that because she is an elected official, the city should cover her legal fees.
The petition for recall cites actions that the petitioners say were a breach of oath of office, misconduct and more. McKenzie has said that the accusations against her are untrue.
Crane said it is a routine practice for municipalities to pay attorney fees on opposite sides of a court case. He said that Brown has only a minor role in the lawsuit, but she was required to be named in the action as a part of the process due to her role as deputy city clerk.
“Just because someone thinks the city can’t represent both sides and that it’s a conflict doesn’t mean it is happening here,” he added.
Walker, who is representing James IV at no charge, said Brown should not have been named in the lawsuit at all, or she should’ve soon been dismissed from the case.
Instead, the city is needlessly spending money on her attorney’s fees, he said. “Her being named [in the lawsuit] serves no purpose at all.”
If the lawsuit fails because the judge finds it was drafted incorrectly, the Committee to Recall Jamelle McKenzie plans to launch another recall effort against her, Walker said.
