Public could lose voice with changes to law on The Murfreesboro Post

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Public could lose voice with changes to law

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By: MICHELLE WILLARD, Post Staff Writer

Posted: Monday, November 2, 2009 3:03 pm

Rutherford County citizens could lose their voice in deciding how tax money is best spent, if changes to county law pass a key committee vote Monday night, the Rutherford County Democratic Party said.

Rutherford County’s Steering Committee will meet to discuss changes to the Private Acts of Rutherford County to make a new legal services agreement with current county attorney Jim Cope’s law firm, Cope, Hudson & Reed, legal.

“We’re hoping to come forward with a new proposed Private Act that is better tailored to what we need,” Steerinng Committee Chairman John Rodgers said.

Rodger said the amended Private Act will be broad and simply worded, unlike the current version, which is detailed and specific.

“We’re looking to change the Private Act to give more flexibility,” he said, “including the flexibility to hire counsel that could be in-house, could be contractual, and so on.”

But the Rutherford Neighborhood Alliance and RCDP are concerned it could take away the public’s oversight of legal representation by removing of the county commission from the process of hiring outside counsel to represent the county.

“These documents (amendment to the Private Act) eliminate our elected County Commissioners from the decision and approval processes regarding hiring outside counsel and the expenditure of County funds for their salary,” RNA member Steve Schroeder said, adding the group does support the formation of an in-house legal department.

“The County Attorney would be allowed to hire outside attorneys without the approval of the County Commission and thereby obligate the County to pay those additional attorney fees,” he continued.

Rodgers said he understands the groups’ positions but in some cases a response from the county is required quickly and the way the Private Act is written constrains a timely response from the county.

“The mayor has to have the authority to hire outside counsel in an emergent situation,” he said.

RNA voiced concern last month about this and other the parts of the contract, which allows Cope’s firm to provide legal services for the county for the next two years, but transition the county toward creating its own in-house legal department in the two years after.

And both RNA and the RCDP are also concerned the contract about the and the County Attorney’s lack of liability insurance, which leaves taxpayers on the hook in lawsuits.

The legal services agreement says “the county shall act in good faith to represent, defend, and pay liability claims against the County Attorney and associates.”

But that happens to be in violation of federal law and the Tennessee Supreme Court’s Rules of Professional Conduct, which says lawyers cannot make clients responsible for malpractice liability claims.

“In fact, County Attorney Jim Cope is currently a co-defendant in a lawsuit for his handling of the failed Bible Park,” the RCDP said.

Cope is being sued for $2 million by the Shelton family for his role in the county commission’s denial of the Bible Park’s rezoning, which was recently overturned by the Tennessee Court of Appeals.

The RCDP contends that if the legal services agreement remains as written, county residents will be responsible for paying any decision against Cope.

Rodgers said the issue is complicated and depends on whether Cope is a county employee or a private contractor for the county.

State law allows for an employer to cover liability claims against employees and he has always assumed Cope is a county employee.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.

Tagged under County Attorney, Jim Cope, John Rodgers, RCDP, RNA, RuCo, Steve Schroeder

Member Opinions:

By: hamrtyme on 11/2/09
I can not with any certainty know exactly what I got out of this article (I'm not stupid or can't read) but it looks to me like someone wants to flush our rights to know what's going on with all that tax moneywe pay. Is that correct?

By: Macgyver on 11/2/09
“The County Attorney would be allowed to hire outside attorneys without the approval of the County Commission and thereby obligate the County to pay those additional attorney fees,” he continued.

This is plain nuts! Good 'ole boy network is at it again.

By: BoltAction on 11/2/09
Like they care what we think anyway. Why are our local officals not doing more to keep business or bring new business to Murfreesboro?

They're not trying too hard to get Harley here, Barrett Firearms is threatening to leave, and the VA billing is moving to Smyrna.

But they can ram a Bible theme park down our throats for a year.