Reviving a debate that goes back years, the Augusta Commission is again considering hiring an outside county attorney to represent the consolidated government.
The commission voted Tuesday after nearly three hours behind closed doors to seek an opinion from two government lobbying groups about whether the move is legal under Augusta’s existing charter.
The attorney is Jim Plunkett, who has served as contracted interim general counsel since August, at an hourly rate of $200. Plunkett replaced former in-house General Counsel Wayne Brown, who resigned last year.
Tuesday’s vote followed a consultant’s presentation of some nine candidates for the general counsel job, several commissioners said. It’s the third search the commission has conducted, and Plunkett hasn’t applied for the full-time position.
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Any uncertainty about the charter could be addressed by the city’s charter review committee, which elected officers Monday. But the committee’s work will take months and it could be late next year before any changes are approved by voters and implemented.
With several dissatisfied with the candidate pool, Plunkett’s name came up, as did the charter question, Commissioner Tony Lewis said.
“We want to put it to bed as to whether we can or not,” Lewis said.
The Consolidation Act, which combined Augusta and Richmond County in 1996, called for the commission to “create a law department, to employ one or more full-time attorneys.” But another code section, referenced by Plunkett Tuesday, authorizes the commission to hire a county attorney, to be paid on a fee, annual or other basis.
For several years following consolidation, the commission continued to employ an outside county attorney, Jim Wall. Wall would be replaced by Steve Shepard, Plunkett’s law partner, who served until the commission created a law department in 2007.
From 2007 until last year the city had an in-house law department overseen by an in-house general counsel. They included Eugene Jessup, Chiquita Johnson, Andrew MacKenzie – who served for a decade – and Brown.
Cost was always a factor in the commission’s decision to create the department, which was expected to save money, but the commission continued to spend heavily on additional lawyers, including Plunkett, to serve as outside counsel on complex litigation and various projects.
Former commissioner Jerry Brigham recalled the debate over creating the department, but said he felt better represented by an outside county attorney, particularly Wall, who died in 2019.
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“I think we were better served if we have someone who is respected by the local bar and in litigation,” Brigham said.
Lewis said expense should be a concern, while he’d prefer an attorney who works exclusively for Augusta-Richmond County.
“We want him to be focused on Augusta law full time, not other things,” he said.
Plunkett, a well-known local lawyer, has served as a bond and special projects attorney for the city for at least 15 years. He and his law firm have done work for Mayor Garnett Johnson.
The firm, Plunkett, Hamilton, Manton and Graves LLP, has been paid approximately $599,900 since August, according to the city check register, although the breakdown of spending isn’t clear.
Commissioner Catherine Smith Rice said she’s been very impressed with Plunkett’s work since he came aboard last year.
“I like Jim Plunkett. I like his work. Why fix something that’s not broken?” she said. “I think he would put the city first for sure.”