Council expected to address city attorneys Thursday

 

Bay City council members are expected to name a new city attorney and assistant city attorney during a special meeting set for Thursday, Oct. 4 at 5:30 p.m.

Only two items are listed on the meeting’s agenda. The other item being a policy issue involving reviewing, discussing and consider to approve amending the city of Bay City’s employee guidelines.

The need for a new city attorney came after the abrupt resignation of the Kirwin Law Firm, PLLC and the Nichols Firm, LLC on Friday, Sept. 14. Both firms jointly tendered their resignations from the city of Bay City following an evaluation of their services by Bay City Mayor Mark Bricker.

Both had been appointed back on May 10 by Bay City council with Kirwin serving as the city’s designated city attorney and Nichols being appointed as the assistant city attorney.

According to a press statement issued by the firm’s last week, the evaluation by Bricker was done prior to a city council workshop on Sept. 13. The city attorneys report to the city council, however neither the mayor pro tem nor any member of city council were invited or involved in the mayor’s impromptu review.

Following the mayor’s evaluation and after expressing their disagreement regarding most of the items raised for discussion, Kirwin and Nichols submitted a written resignation to city council citing concerns regarding their ability to forge a productive working relationship with the mayor and city staff long term, among other things.

Given the fact that the attorneys were within their first 120 days of service to the city, Kirwin and Nichols concluded they were not a good fit.

The attorneys’ resignation was officially effective Sept. 30 however the migration of some lingering responsibilities may continue thereafter until new legal counsel can be appointed for matters such as the recently filed lawsuit entitled Robert Neal Head vs. Mark A. Bricker, et al. now pending on appeal before the 13th District Court of Appeals in Corpus Christi on the issue of jurisdiction.

It in unclear if the new appointment, expected to be named Thursday, will take over the pending litigation against the city.

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