DAPHNE — Mayor Fred Small’s request to hire an attorney to represent him in city matters got a mixed response from council members at Thursday night’s work session.

Although Small had previously put his request in writing, this was the first time that he and council had publicly discussed the proposal.

Small said he has — and continues to have — a good working relationship with city attorney Jay Ross.

But there have been “one or two instances” when Small would have liked to have his own legal counsel, he said.

“At one point in time, I would have liked to have had someone to talk to — someone to confide in, not even to show up at a meeting necessarily. But I didn’t have that,” Small said.

He also said that “with this form of government, most times the mayor does have its own attorney.”

Mobile uses that approach but Fairhope does not, Ross said.

Small also said he worries about “putting the city attorney in the middle” during legal discussions.

“I’ve not yet sought anyone at this time and I don’t feel the need right now,” he said.

“I just want you to know what I’m doing — that I’m not trying to do anything behind your back,” Small said. “I just want your blessing in case it is needed.”

Council president Greg Burnam was the first to speak, stating that he didn’t have a problem with the proposal. He also questioned whether any council action was required.

Burnam said he sees this as Small simply seeking legal answers from someone other than Ross.

Councilman Gus Palumbo, however, spoke against the proposed change.

“I don’t think it is wise at all for the city to have two attorneys,” Palumbo said.

“I see the possibility of the city and mayor talking to each other through lawyers,” he said.

Palumbo also challenged the cost of adding another city attorney.

“I just don’t see how the cost can be justified. I mean instead of us paying $140 per hour, we’re now talking about two times as much or $280 an hour to get a legal opinion,” he said.

“We are a small enough city that I don’t see any problems with the system we already have,” Palumbo said.

Councilwoman Cathy Barnette said she shared some of Palumbo’s concerns.

“I’m afraid this could cause more problems than any good it could do,” Barnette said.

But she also offered a compromise to Small: setting aside funding that he could use to address specific legal issues.