The Starkville Board of Aldermen has found legal counsel to sit at their table-at least for now. The board voted Tuesday to hire Ben F. Hilbun Jr.-the former full-time attorney for the city-to act as the interim city attorney. Hilbun was given the nod for the job during a brief recessed meeting of the Board of Aldermen.
Hilbun’s work for the city will be governed by a contract he signed with the board on Tuesday. That contract calls for him to provide legal services and assistance as needed, serving at the “will and pleasure” of Mayor Mack Rutledge and the board. That includes, but is not limited to, attending meetings of the Board of Aldermen and Planning and Zoning Commission as requested to answer legal questions those bodies may have.
Under the terms of the agreement, Hilbun will be paid $100 per hour for his services. He may also employ, at city expense, a secretary or paralegal to assist him with official city business. He is required to submit a monthly invoice showing his hours and those of any hired assistants to the office of Starkville city clerk Vivian Collier. That office is then required to pay the invoice within 30 days.
Ward 6 Alderman Roy Perkins, also a practicing attorney, wrote the contract. He did so with the permission of the board, which approved the action during its Oct. 1 meeting. The legal agreement was drawn up to assist Rutledge in his search for “emergency” legal counsel. The mayor had not found a “suitable” candidate by Tuesday’s meeting.
Before approving the contract, each member of the board asked several questions of Hilbun. Alderman at Large Vic Zitta questioned whether the mayor and aldermen would have sufficient access to Hilbun’s services.
Perkins said that Rutledge would have ample opportunity to ask for Hilbun’s advice, but that individual aldermen could not request his assistance without the entire board’s approval. He also said that Hilbun’s experience would be an “asset” to the city until a permanent attorney can be hired.
Ward 2 Alderman Frank Davis said that Hilbun’s hiring was highly recommended by Circuit Court Judge John “Mickey” Montgomery and other attorneys in the area. He said that Hilbun wants to give back to a city that “has been so nice to him.”
Rutledge said he was against Hilbun’s hiring, but was not ready to “publicly explain” his position or his personal feelings for Hilbun. The mayor said that he had “ample” reason to be opposed to the hiring.
Chief among them is Hilbun’s status as the attorney for a person currently suing the city. That case stems from problems with this past summer’s redistricting. Ethically, Hilbun cannot work on both sides of the suit, and Rutledge said that is one of the most pressing legal matters facing the city.
The board has been without legal counsel since October 1. That’s when the contract with former City Attorney Bill Stark expired. Aldermen voted not to renew the agreement with Stark in September. Hilbun served as the board’s full time attorney from 1989 to 1993.
The board hired Hilbun on a 5-1 vote. Zitta cast the lone “nay” vote, and Ward 3 Alderman P.C. “Mac” McLaurin was absent from Tuesday’s meeting.