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Interim legal firm hired by BOC
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The Newton County Board of Commissioners (BOC) approved a contract with Jarrard and Davis, LLP, of Cumming, Georgia to serve as the county's interim attorneys for the next 90 days.

The board voted to approve 3-0, with Commissioner J. C. Henderson abstaining. Commissioner Levie Maddox, District 5, was not present due to travel, but had sent an email to Commissioner John Douglas, District 1, expressing his concerns.

Maddox, Commissioner Nancy Schulz, District 3, and Interim County Manager Harry Owens had met with founding partner Angela E. Davis and partner Megan Martin for an hour-long interview last week. 

Owens said he had been tasked by the BOC at its Nov. 16 meeting to seek interim legal services during the BOC's transition from being represented by W. T. Craig Law Firm, county attorneys, to the hiring of an in-house staff attorney. 

"Under professional services [procedures], it's not required to contact multiple firms for bids," he told the BOC, "but it's good practice."

Owens said he contacted three law firms from outside the county and requested bids. He was recommending Jarrard and Davis, who did legal work for the Association of County Commissioners of Georgia (ACCG) as well as for Forsyth, Barrow and Cherokee counties and other county and municipal entities and received glowing reviews from their references.

He recommended approving the letter of engagement, dated Nov. 19, with the firm.

Jarrard and Davis, according to Owens, will charge $175 per hour for an attorney’s services, $100 for paralegal, and would charge only for one-way travel to Newton County when needed.

Maddox, in the email sent to Douglas and read aloud, recommended he was not in favor of approving the contract, questioning whether or not they could get up to speed on pending litigation, the drafting of the new charter as recommended by the Form of Government Citizens’ Committee and a lack of familiarity with Newton County was detrimental to the county’s interests.

He said when he made the motion to bring legal counsel in-house at the board's last meeting, he believed Jenny Carter of the Craig law firm would continue the work she had started.

Schulz said that she didn’t disagree with Maddox’s points, but believed selecting Jarrard and Davis, LLP, best served the county.

When Schulz asked Owens how long it would be until an in-house attorney was in place, he said it would be between 60 and 90 days. “That’s not something we should rush,” he said, adding that the job opening and description had been posted to the county’s website.

The transfer of legal files

Schulz asked for an update on the transferring the county’s legal files from the former county attorney’s office to the county manager’s office.

Chair Keith Ellis reported that he had talked to W. T. "Tommy" Craig, who said he’s ready to move them. Most documents have copies in the county courthouse.

Douglas said it was important to get the files secure and under lock and key. Ellis said public works would help move the files when ready.

Owens said Jarrard and Davis could supervise the transfer, which would be completed, according to BOC instructions last week, on or before Dec. 15.

Schulz made a second motion to retain the services of the county attorney for representation during the interim period on four cases currently winding down: planning and zoning, since a hearing was set on a change in zoning from commercial to residential in District 1’s Stanton Springs development; the neighborhood stabilizing program (NSP), environmental court and in the Alcovy Road retail development project. The motion passed 3-0, with Henderson abstaining.

Executive Session called

Ellis requested the BOC meet in executive session to discuss pending litigation cases. Following the session, the BOC reported that two additional cases would be handled by Craig’s offices: Hay v. Newton County, regarding Open Records Request violations, and Durden v. Newton County on Open Records Request violations.

The Hay case is already in the discovery stage, with evidence between prosecuting and defending attorneys being shared.

Jarrard and Davis specializes in representing government entities, and their list of their areas of experience include local government administration, including ordinance and motion drafting; open meetings and open records acts; code enforcement; employment and personnel; civil service appeals; planning and zoning; development authorities and economic development; and environmental law.