Hamilton County auditor says attorney's hiring of outside counsel did not follow purchasing rules

Staff photo by Matt Hamilton / County attorney Rheubin Taylor, left, listens as Mayor Weston Wamp speaks during the Hamilton County Commission meeting at the Hamilton County Courthouse on Wednesday, October 19, 2022.
Staff photo by Matt Hamilton / County attorney Rheubin Taylor, left, listens as Mayor Weston Wamp speaks during the Hamilton County Commission meeting at the Hamilton County Courthouse on Wednesday, October 19, 2022.


Hamilton County Auditor Jenneth Randall is recommending the County Commission consider approving funds that County Attorney Rheubin Taylor's office has spent with outside law firms this fiscal year -- which did not receive sign-off from the panel or the mayor.

The county requires all purchases of $25,000 or greater be presented by resolution to the County Commission and that contracts in excess of that threshold receive OK by the mayor.

"Recently, we identified certain expenditures for professional services in the county attorney's office exceeding the purchasing threshold of $25,000, which have not been approved by resolution nor have contracts been executed by the county mayor," Randall said in a letter addressed to county commissioners and the mayor.

The auditor's review identified more than $1.8 million of expenses between fiscal year 2020 and November of this year that have been spent with four law firms: Chambliss, Bahner & Stophel; Amicus Inc.; J. Micah Guster III; and Tidwell & Izell.

Those expenses total $351,679 in 2020, $687,886 in 2021, $635,331 in 2022 and $165,870 for the first five months of the 2023 fiscal year.

(READ MORE: Hamilton County Mayor's office says attorney notified city of unpermitted ramp)

The letter states that between July and November of the current fiscal year the attorney's office has spent $1,440 with Chambliss, Bahner & Stophel, $30,625 with J. Micah Guster III, $19,841 with Amicus Inc. and $113,964 with Tidwell & Izell.

Randall suggested a resolution be submitted to the County Commission for its approval that lists those professional services vendors expected to exceed $25,000 in fiscal year 2023, along with affiliated contracts for execution by the mayor.

In a response contained within Randall's review, the county attorney's office claimed all those contracts were already covered under a resolution the commission approved Oct. 19, which was one of several the panel authorized days after Mayor Weston Wamp attempted to fire Taylor.

That resolution states the 11-member County Commission, which took office Sept. 1 after a redistricting process and election, intends to honor all obligations undertaken by prior members of the body.

Through that resolution, "the commission ratified all contracts, obligations and agreements entered during the previous administrations (which would include my various contracts with outside legal counsel)," Taylor told Randall for her inquiry. "Therefore, it is the opinion of this office that all those contracts have been approved by the commission and require no further action by the commission."

Randall said in her conclusion that she's not aware of any authorization the County Commission has given for contracts entered into by the attorney's office for the fiscal years in question.

"We continue to believe that the county procurement rules require the county attorney ... to submit a resolution to the Board of Commissioners requesting approval of professional services contracts expected to be greater than $25,000 and authorizing the county mayor to execute such contracts," she wrote.

Wamp attempted to fire Taylor in mid-October, citing among his reasons private work Taylor completed on county time. Taylor's contract states he may "engage in any other non-conflicting activities on a professional basis."

Since the commission unanimously reaffirmed the contract, Wamp has restored the attorney's pay and his access to his county-issued computer, email and cellphone.

Taylor sued Wamp in Chancery Court on Oct. 31, asking that a judge uphold Taylor's four-year contract, which ends in 2025, and find that the mayor lacks the unliteral authority to fire the county attorney.

Wamp has claimed in a response that the county attorney's office has used public funds to retain at least three private law firms at the cost of more than $1 million to represent county employees, which he said violated county purchasing authority.

"Taylor flaunted both the County Commission and the county mayor's authority by utilizing private law firms with public funds without seeking approval from anyone to retain these private firms for matters the county attorney's office should have handled," Wamp's filing says. "All the while, Taylor was able to continue to maintain his private practice of law and draw his Hamilton County salary."

Taylor is paid $180,000 a year. He did not immediately respond Tuesday to a voicemail left on his county cellphone.

(READ MORE: Hamilton County commissioner calls proposed purchasing rule change 'government creep')

"The auditor received a tip, and their job requires them to investigate the tip and find out if it is credible," Wamp's spokesperson, Mary Francis Hoots, said in a text Tuesday.

She stated that the tip did not come from the mayor's office or the mayor's attorneys.

Reached by phone, former Mayor Jim Coppinger said that until Tuesday evening, he was not aware of any outside counsel hired that had not been approved by the county commission or mayor's office.

Although he wasn't familiar with work performed by the other law firms, Coppinger said he does recall the county using Chambliss, Bahner & Stophel in the past, but he couldn't remember any work done that did not come before the commission for approval.

Contact David Floyd at dfloyd@timesfreepress.com or 423-757-6249. Follow him on Twitter @flavid_doyd.


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