Find Better Way To Hire, Fire City Attorneys

Bluff City, Tenn., citizens witnessed an embarrassment on Monday – the town’s veteran city attorney was fired and replaced with a newcomer while anyone watching was faced with the obvious truth that three of the members had agreed to the firing beforehand.

Paul Frye, who had been on the job on a part-time basis for 14 years, called the move “cronyism at its worst.” Frye has 25 years of experience practicing civil law and works for the city out of his own office in Piney Flats, Tenn. He was replaced by Shawn McDaniel, who is licensed to practice law in both Virginia and Tennessee, but has never worked as a city attorney.

At first Frye believed the beef stemmed from his fee. He had charged the city $30,000 per year, which does seem steep for a city of about 1,600 residents and an annual budget of about $1 million.

Alderman Mark Weaver claimed he began looking for a new city attorney when residents complained about this expense. McDaniel was hired at $25,000 per year – a figure Frye, who was caught unawares at the meeting, immediately offered to match.

That’s when he learned that it wasn’t really the money. Bluff City was breaking up with him. “It’s time for a change,” Weaver said.
But at least two council members didn’t know the time for change had come: Aldermen Robert Miller and Melvin Carrier voted against removing Frye. Miller said he did not know about Weaver’s plans until he saw a copy of Monday’s agenda.

“Frankly, I think Paul Frye serves the city well,” Miller said at the meeting. “We have a motion present to hire an attorney whom no one has spoken with except Mr. Weaver, who has single-handedly negotiated his contract.”

The fissure on council was obvious. Miller asked if anyone had contact with McDaniel before the meeting; the other two members who supported him – Vice Mayor J.C. Gentry and Alderwoman Irene Wells – refused to answer.

So what is plainly obvious?

Three members of the council appeared to have agreed to fire the city attorney before Monday’s meeting. Because Tennessee boards are required to do their work in the open, these members apparently dodged and weaved and came to agreement outside the meeting – if so, a violation of the law.

Of course, boards and commissions are allowed to fire attorneys and hire new ones. But until Monday, Frye said he didn’t know there was a problem with his work. If a board wants a new attorney, then request proposals for professional services – and open it to any law firm that wants to compete. Bluff City could get more options to choose from, and likely a better price for legal services.

McDaniel is licensed to work in Virginia and Tennessee and by all accounts is a competent attorney. The problem is he got to move to the front of a line that no one else knew existed, not even Frye.

Taxpayers would be best served by having qualified law firms compete for this work on a three-year contract basis. It would end the embarrassment that happened on Monday, put attorneys on a level playing field and give taxpayers a clear expectation of what they are paying for.