Jennings councilman wants to change rules for hiring, firing attorney

Published 3:14 pm Monday, February 17, 2025

A Jennings city councilman is proposing a change to the process for hiring and firing the city attorney.

Currently, the mayor appoints and can unilaterally dismiss the city attorney, while the council only approves the appointment.

Councilman Clifton Lejeune is suggesting that both the mayor’s appointment and the council’s approval be required for both hiring and dismissing the city attorney, to ensure balanced representation.

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“The mayor cannot just hire who he wants,” Lejeune said. “It requires the approval of the council. And I’m simply saying, then that should be the same way he is fired.”

Changing the process would likely require amending the city’s charter with voter approval.

Mayor Henry Guinn said the city has no intention of firing current city attorney Wendell Miller.

“Wendell and I have a good working relationship,” Guinn said. “And I spoke with Cliff about this topic and it is a futuristic request that would apply to not just me, not just the current city attorney, but it needs to be vetted.”

Lejeune said his proposal was not a personal attack on any current personnel, but rather a proactive measure for the future. He said the council should have equal representation and emphasized that this concern is specifically related to city business, not the personal dynamics within the city.

He feels the process of hiring and firing the city attorney should be symmetrical.

“…The way this legal representation is hired should be the same way he is fired, so that the council would have the same power as the mayor in the event there was a conflict between the council and the mayor,” he said.

Currently, the city attorney is essentially hired by the mayor and then approved by the city council. However, the charter states that the city attorney serves at the pleasure of the mayor, which means the mayor could potentially fire the city attorney without the council’s approval, according to Lejeune.

Lejeune wants to amend the charter so that both the hiring and firing of the city attorney would require both the mayor’s appointment and the council’s approval. He believes this change would ensure equal representation and prevent the city attorney from being dismissed solely by the mayor’s decision.

Councilman Johnny Armentor acknowledged the merit of the proposal but said the city already has checks and balances in place for similar situations. He said further discussion is needed.

“…In the event the mayor would terminate the city attorney, we could always prevent him from hiring another attorney and possibly bring back the one that he fired,” Armentor said.

Lejeune said both the council and mayor have access to the city attorney, who is obligated to represent both parties impartially. However, if a city attorney were to consistently favor the council, the mayor has the authority to reprimand or dismiss them, as it falls within the mayor’s executive prerogatives, he said.

Council President Stevie VanHook said according to the city’s charter, the city attorney represents the city of Jennings in its entirety, encompassing both the executive and legislative branches.

While the mayor’s executive duties include overseeing city employees, which includes the hiring and firing of the city attorney, the city attorney serves the interests of the city as a whole, he said.

The council also discussed vulnerabilities in the current system, including the mayor’s executive privilege and the lack of a clear process for hiring special counsel.

“As a council person I don’t want to be unaware that we will have special counsel representation,” Councilwoman Carolyn Simon said.

Miller noted that when hiring a city attorney, it is crucial to remember that one person, even with a staff, cannot fulfill every legal function the city may require. Various lawsuits and specialized legal representation may necessitate expertise beyond the city attorney’s scope, he said.

The city attorney needs the authority to retain additional attorneys who can provide those specialized services, he said. Requiring the city attorney to seek council approval for each instance would hinder their ability to find qualified candidates and fulfill their duties effectively, Miller said.