Commission votes to pay legal costs
By Sandy Hodson| Staff Writer
Wednesday, January 16, 2008

Augusta commissioners decided Tuesday to pay whatever legal expenses have arisen or will arise from an Open Records Act challenge involving the commission's electronic records.

Though the claim against the commission clerk was dropped Tuesday, commissioners voted 9-1 to approve the retainer and "any other compensation necessary" for private attorney Benjamin Allen to represent City Clerk Lena Bonner.

Ms. Bonner, as the official record keeper for the commission, was added to an Open Records challenge filed by the Association for Fair Government.

The association, made up of Augusta residents concerned with government spending, alleged numerous changes and deletions had been made to the commission documents posted on the city's Web page. The city countered, and the association accepted, that a computer problem was to blame.

Though it dropped the claim against Ms. Bonner, the association sought a temporary restraining order Tuesday to prevent commissioners from hiring Mr. Allen to represent her. Superior Court Judge Carl C. Brown Jr. denied the petition.

Mr. Allen has already filed for $7,865 in legal fees, according to court records. A counterclaim Mr. Allen filed against the association remains open. Mr. Allen is being paid $275 an hour, according to city officials.

Commissioner Jerry Brigham made a substitute motion to pay Mr. Allen at the rate the city attorney is being paid, which is $165 an hour for litigation, but the motion did not receive a second.

Staff Writer Sylvia Cooper contributed to this article

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

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