Will Bay St. Louis replace its longtime attorney? Well ...

Sparks flew this week at a special meeting of the Bay St. Louis City Council when longtime city attorney Donald Rafferty reacted to the council’s proposed contract for the next city attorney — whoever that may be.

At Tuesday’s meeting, Council President and Ward 6 Councilman Lonnie Falgout publicly shared an Attorney General opinion requested by council after Mayor Les Fillingame made it clear at the last meeting — when discussion erupted over hiring a new city attorney — that council only ratifies his appointments.

According to the AG opinion Falgout read,“My understanding of the situation is that the council has decided not to renew a contract. The mayor may only veto actions taken by the council. Not renewing a contract is not an action. Not renewing an already expiring contract is, by definition, inaction. Consequently, not renewing a contract is not subject to a mayoral veto.”

Councilman-at-Large Mike Favre moved to accept the new city attorney contract, which included a Hancock County residency requirement.

Rafferty, a Harrison County resident, shouted “I’m out! Is that what you’re saying?” You don’t want me to be the city attorney? Do you want me to move to Hancock County? Ok. I’ll move to Hancock County.”

The motion carried with a 3-1 vote. Falgout, Favre and Ward 5 Councilman Joey Boudin voted yes. Council members Doug Seal, Bobby Compretta, and Wendy McDonald were absent Tuesday. Ward 3 Councilman Jeff Reed was not in favor of the proposal, he said, due to the residency requirement.

“My problem is the statement that the attorney has to live in Hancock County,” Reed said. “I have a problem with that because I have a business and I don’t want people in neighboring counties to turn me away due to my residency.”

Rafferty provided council with a list of his suggested qualifications for a city attorney. Falgout said the council would review the qualifications, among others, at next week’s regularly scheduled meeting. Rafferty’s contract was extended last month for 30 days. It is due to expire July 30.

This story was originally published July 17, 2016 at 3:16 PM with the headline "Will Bay St. Louis replace its longtime attorney? Well ...."