PDF: Chapter IV. City Attorney
WHAT THE CHARTER SAYS
The City Charter says the city attorney can be "removed from office at any time by the affirmative vote of two-thirds of the entire membership of the City Council, and the concurrence of the mayor."
City Attorney Mike McMahan is unlikely to face a vote of "no confidence" from City Council members after a report surfaced saying he should face prosecution, city officials said Monday.
"If there's any kind of vote, it would be one of confidence," Councilman Jack Benson said Monday.
A state Comptroller's Office report surfaced last week that stated a longtime arrangement between the city and the City Attorney's Office was illegal and Mr. McMahan knowingly violated state law by billing more than $15,000 a month for secretarial services at his private law firm.
The report also criticized the past practice of the city paying for the attorney office's rent in a private building and also paying its employees' health insurance.
Hamilton County District Attorney Bill Cox is reviewing the report for any kind of criminal wrongdoing.
Mr. McMahan has said he would resign if the council gave him a vote of no confidence.
A majority of council members reached Monday said that is unlikely.
Mr. Benson said since Mr. McMahan came on board the problems have been corrected by moving the City Attorney's Office into a city building and putting the employees fully on the city payroll.
"Mike is part of the solution and not the problem," he said.
Councilwoman Pam Ladd said she thinks the report's allegations are something the council "needs to check out." She said she does not think it sounds as if there is any wrongdoing, but she also said she does not know the law.
She said that, more than likely, the council will only move after hearing from Mr. Cox.
"It will be up to us, we'll have to wait for the (district attorney) to voice his opinion," she said.
The City Charter states the city attorney can only be removed with a two-third vote of the council and the consensus of the mayor. Mr. McMahan has already tried turning in his resignation once, and the mayor did not accept it.
Council Chairman Manny Rico said Mr. McMahan should face no scrutiny from the council since many of the issues with the City Attorney's Office have been ongoing for more than 45 years.
"That's why we brought him in, to fix it," Mr. Rico said.
He said if fingers needed to be pointed, they should also be pointed at former City Attorney Randall Nelson and late City Attorney Gene Collins, who also used the same practices.
Councilwoman Sally Robinson said she felt that Mr. McMahan did not profit from any of the transactions and he was operating in good faith to shut down his private practice and make it into a full-fledged city attorney office.
"I do not believe the city attorney is guilty of doing any kind of illegal activity at all," she said.
Continue reading by following these links to related stories:
Article: City attorney may face criminal investigation
Cliff has worked for the Times Free Press for five years and covers Chattanooga city government. He previously covered Rhea County, as well as transportation and growth and development in Southeast Tennessee. A native of Maryville, Tenn., Cliff graduated in 2003 from the University of Tennessee with a bachelor’s degree in communications with an emphasis on journalism. Before coming to Chattanooga, he was a crime reporter with Hernando Today, a supplement of The Tampa (Fla.) ...
The five Council members who voted for the budget recently WILL face a vote of no confidence in the next election by the voters.
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