Chattanooga City Council member Jack Benson, Sr., speaks out during a 2010 council meeting to vote on a 37 cents per $100 of assessed value tax increase.Taxpayers will be paying for the legal defense of Councilman Jack Benson.
The Chattanooga City Council voted 7-1 Tuesday night to hire an outside attorney to defend Benson in a lawsuit brought against him for his role in a rezoning case for a proposed International House of Pancakes. Benson abstained and Councilwoman Deborah Scott voted no.
City Attorney Mike McMahan said it is not unprecedented for the city to defend city employees.
“It’s a very common problem,” he said. “We have to defend police officers all the time.” He said he could not recall when the city had to defend a sitting council member.
The lawsuit was filed after the council voted against rezoning a tract on Gunbarrel Road from business to commercial two months ago. Bassam Issa, owner of ANT Group and the person wanting to bring the IHOP to Gunbarrel Road, sued the city in Chancery Court to have the decision overturned.