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Minutes 06/06/1972
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Minutes 06/06/1972
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City Council
Meeting Date
6/6/1972
City Council - Category
Minutes
City Council - Type
Special
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<br />3l <br /> <br />TUESDAY <br /> <br />JUNE 6, 1972 <br /> <br />,-- <br /> <br />Q1y job as city attorney, as you know, is part-time. <br />have obtained this information myself by taking a 60 <br />but instead, used my best judgment). <br /> <br />I could <br />mile trip, <br /> <br />,-. <br /> <br />Following the regular meeting of City Council on Tuesday, May 23, <br />I informed the full Council of my action, and suggested that it <br />was my best professional judgment that I retain this Danville <br />law firm; that I needed assistance there in Danville where the <br />suit had been filed; that this firm was of excellent reputation, <br />and had heretofore been very active in Federal Court in matters <br />of this nature. At that time Councilman West stated: "Why not <br />Mr. 's firm? Why take the case out of town? We have <br />lawyers here that are just as capable". I replied that I could <br />not work with the local attorney he suggested; that I needed <br />assistance there on the~ound; and that this was my best <br />judgment. There was no further comment from anyone. <br /> <br />That was May 23, and on May 24, Councilman West wrote a letter <br />to all members of City Council, with copy to me, the City <br />Manager and Councilman-Elect Morton Lester. In this letter he <br />again named the local attorney he wished to be named assistant, <br />and concluded his letter by stating: "- -this is a decision <br />for Council to make and I trust no lawyer or law firm will be <br />employed prior to Council making such decision". I received a <br />copy of this letter on May 25, and forthwith called Mr. West, <br />and among other things insisted that the matter of time within <br />which to file our answer in court was of concern to me. Never- <br />theless, on Friday, May 26, Councilman West left the City, and <br />the State, I understand, and did not return until June 1st, an <br />absence of seven (7) days - one week. I had no prior knowledge <br />of this extended stay. But during this time, as head of the <br />City's department of law, I was becoming rather apprehensive. <br />I had the responsibility to act in some manner, as time was of <br />the essence. <br /> <br />- <br /> <br />On Tuesday, May 30, at 12:15 P.M., it was necessary for City <br />Council to hold special meeting to consider a reggonal library <br />matter. But when I arrived at the meeting, hoping this would <br />be the opportunity to resolve my professional problem, I inquired <br />about Mr. West and the City Manager informed me he was still out <br />of town. I stated my predicament to the Mayor and other council <br />members present. I interpreted the response to my plea for action <br />to be to the effect that I should use my own best judgment. I <br />immediately and forthwith contacted the Danville firm by telephone <br />and by letter. As a result, and even before Mr. West returned <br />to the City; arrangement was successfully made through the Judge <br />of the U. S. District Court, to extend the time within which <br />to file the City's answer. <br /> <br />But this did not prove to be the end to my dilemma! On <br />return June 1st, he appeared to be highly upset because <br />action, even after my sincere effort to explain to him. <br /> <br />Mr. West's <br />of my <br />He <br />
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