FAIRHOPE, Ala. - After questions were raised last week about Mayor Tim Kant’s hiring of a local attorney, Kant said he would not ask the city to pay for those legal services but would pay for them privately.
“After thinking about it, I said …
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FAIRHOPE, Ala. - After questions were raised last week about Mayor Tim Kant’s hiring of a local attorney, Kant said he would not ask the city to pay for those legal services but would pay for them privately.
“After thinking about it, I said I’d just pay for it myself and not cause any more issues and just do it myself,” Kant said July 15.
Gulf Shores attorney David Whetstone represented Kant during the July 11 public participation meeting of the City Council prior to its regular meeting that night.
Whetstone said a recent state Supreme Court ruling reasserted the mayor’s authority over the hiring and firing of city employees for positions established by the council or state law.
Last Tuesday, Kant told The Fairhope Courier that he had the authority to hire Whetstone without prior approval by the council, and that his monthly expense account of $1,000 would pay for those legal services.
“I’m staying under the thousand dollars which I’m allowed by the council,” Kant said July 12.
The Courier reported last Friday that Kant said his use of such a discretionary fund authorized his hiring of Whetstone.
That article also reported that state law requires city contracts entered into by a mayor must first be approved by a council, according to state law as interpreted by the Alabama League of Municipalities.
After reading the July 15 Courier article, Council President Lonnie Mixon sent an email disagreeing with the mayor about the existence of such a discretionary expense account or fund that could pay for legal fees.
“The mayor does not have an expense fund,” Mixon stated in his July 17 email to the Courier. “He gets mileage and out-of-town expenses when he is on city business.”
When contacted Monday, Kant reiterated that he would be paying “privately” for Whetstone’s legal services.
Kant also confirmed, however, as Mixon said, that the mayor does not have a discretionary expense account as he had earlier stated.
“There’s not a discretionary fund within the budget,” Kant said on July 18. “We have an item on the budget that allows me to spend monies for attorney’s fees. And for any attorney’s fees, I would charge to (that) attorney’s fees (item).