GER. @ So ew The Council City of Shreveport ‘WILLIE BRADFORD P. 0. B0x 31109 ovneiines smrevepert tA 1190 wees Seas February 17, 2015 ‘The Honorable James D “Buddy” Caldwell Attomey General, State Of Louisiana P.O. Box 94005 Baton Rouge, Louisiana 70804 Re: Request For Opinion; Whether City Attorney Can Represent Mayor And City Couneil When Conflict Exist Between Mayor and Council Dear Attomey General Caldwell: | I was elected on December 6, 2014 to represent District A on the Shreveport City Council, Iam | requesting an opinion on whether the Shreveport City Charter limits the City Council ability to receive legal representation that is free of real or perceived conflict? | Background As per the City Charter, the City Attomey is appointed by the Mayor and approved by a majority of the Council. Under the scheme of the Charter the City Attomey represents the City of Shreveport, rather than the Mayor or Couneil specifically. I point out the City Attomey serves at the pleasure of the Mayor. And most importantly, any lawyer representing the City in any capacity is hired and approved by the City Attorney. Section 8.03 of the Shreveport City Charter - City Attorney states: Alll attorneys, other than the city attorney, advising or representing the council, the mayor, or any board, commission, department, official or agency of the city, shall be | supervised by the city attorney and employed only with his consent. The City Attomey appoints one of its lawyers to represent the Council at Council meetings. The above scheme is presently in place.Issue In 2014 a conflict emerged between then Mayor Cedric Glover and the City Council over the retention of the City’s Financial Adviser, Calvin Grigsby (the Consultant). This conflict ended up being a classic conflict of separations of powers. The Council as a result ofa flap over his financial advisory fees and against the vehement objections of the Mayor launched an investigation into matters relating to the agreement with Grigsby and Associates. AS a result of the investigation:the Council found that Grigsby overcharged the City $53,450.00, ordered the City Attomey to take steps to collect said amount, and City of Shreveport vs Grigsby and Associates was filed in the First Judicial District Court, At all times they were relying on the legal advice of the City Attorney who again serves at the pleasure of the Mayor. The Consultant remained in place but the Council refused to approve any more work to this particular Consultant. The Consultant subsequently filed a federal discrimination lawsuit against the City and several members of the Council that is still pending titled Grigsby & Associates, Inc. vs. Oliver Jenkins, et.al, 5:14-cy-02340, The City Attomey then hired a law firm to represent the Council. My concern is that in matters such as this the Council is not afforded the conflict free legal representation that is outlined Rule 1.7 of the Louisiana Rules of Professional Conduct. That the Council should have had the authority to hire its own Special Council to insure that its legal representation was conflict free. Furthermore, Section 8.03 limits the Council ability to hire legal Counsel when it deems the City Attomey is not providing it with legal advice that is free of conflict. And even though the City Attorney assigns one of its attorney’s to represent the Council, that attorney is controlled by the City Attorney and not the Council. in no way mean to question the ethics of the City Attomey Office but it seem to me Rule 1.7 is designed to prevent this very situation. My experience is that it is human nature, that a City Attomey, who serves at the pleasure of the Mayor, will favour the Mayor, whether intentionally or unintentionally, when a conflict exists between the Mayor and Council. And even if the City Attomey does not succumb to this impulse, the perception of a conflict cannot be denied, Question Does an inherent conflict exist, when a conflict between the Mayor and Council emerge and both bodies are relying on the legal advise of the City Attomey, who is appointed and serve at the pleasure of the Mayor? Does Section 8.03 limit the Council ability to retain legal counsel that is free of the taint of conflict? Willie Bradford Ce: Mayor Ollie Tyler City Council Members Deputy City Attomey William Bradford