DAPHNE — As one of the last items of Monday night’s city council meeting, council president Greg Burnam read a memo from Mayor Fred Small requesting that he be provided with legal counsel.

“I would ask that you have the council consider a proposal to allow the mayor to enter into a contract for his own legal counsel,” his memo read.

“At the present time, I have not pursued any such separate legal counsel,” the memo continued.

Small is on vacation, according to Jane Robbins, his administrative assistant.

Before reading the memo, Burnam acknowledged that it was not on the meeting’s printed agenda.

“I know it’s not on the agenda, so I’ll just read the letter and then we can do whatever we need to do,” Burnam said.

After reading the request, Burnam said this is already done in “some cities that have a strong council/weak mayor form of government.”

Council members declined to suspend their rules to allow taking immediate action on Small’s request.

Councilman Bailey Yelding said he couldn’t vote immediately, adding, “I think we need a few more details, some specifics.”

During the discussion, city attorney Jay Ross said that the council could legally grant Small’s request if they chose to do so.

It would take a council vote, due to the money that would be spent to pay a lawyer for the mayor, Ross said.

In an interview following the meeting, Ross explained that Daphne is recognized by the state as a Class 8 city because it has a population of over 12,000 residents.

“As a result, the council is the legislative body and the mayor can only veto. So the mayor does not vote,” he said.

“Before this council took office, the population was under that figure and the mayor was a member of council,” Ross said.

Size can matter in this type of request for legal representation, he said.

“Certain size cities specifically allow and authorize an attorney for the mayor and for the council,” Ross said. “But there is no statutory, expressed allowance for a Class 8 municipality.”

Consequently, this will be council’s decision, he said.

“The mayor has his reasons for making this request, but I am not going to articulate on that right now,” Ross said.

In other business, council member Cathy Barnette’s agenda item requesting that Small “provide detailed financial information” was not discussed.

Barnette was absent from the meeting. She did not return a telephone call from The Bulletin seeking additional information Tuesday morning.

Small, in an April 3 letter to Burnam, said that Barnette is seeking a “standing order” for him to provide financial information.

He said “individual sales tax revenues” from some businesses was being sought, information that he considers to be “confidential.”

Businesses listed by Small include: Home Depot, Wal-Mart, Terry Thompson Chevrolet, Winn-Dixie, Lowe’s and Harley Davidson.

In refusing the request, Small said such information is confidential.

“The policy of the finance department is to maintain the confidentiality of such individual tax information,” Small’s letter reads.

“Based on this policy, I can provide the monthly, lump sum and not for individual businesses,” it continues.

“My concern is for personal liability, which carries a criminal offense, for being the ‘first line of release’ of confidential information.”

Small maintained this position, even after conferring with the League of Municipalities, his letter stated.

“The League stated that without a vote by the City Council, this request for information carries no more authority than a request from a citizen,” it reads.

“Upon action by the City Council, I will be glad to provide the requested information,” his letter concludes.