Alabama Attorney General Opinion 1979-0140

• FFICE OF THE ATTORNEY GENERAL '19-001' a &ihsv# 1 JANIE NOBLES ADMINISTRATIVE ASSISTANT April 19, 1979 Honorable Chalmers Bryant Mayor, City of Andalusia P. O. Box 429 _Andalusia, Alabama, 36420 MUNICIPALITIES - OFFICERS AND OFFICES - LEGAL FEES City of Andalusia may under certain circumstances employ legal counsel for members of city council. Opinion by Assistant Attorney General Smith. Dear Mayor Bryant: Your opinion request concerning the propriety of em- ploying legal counsel to defend members of the city council has been received by the Office of the Attorney General. Your request states that the City of Andalusia and members of the City Council of Andalusia have been sued by a former Chief of Police of the City of Andalusia. Council members are sued both individually and in their official capacities. You ask if the City of Andalusia may employ and pay for legal counsel to defend members of the City Council in two suits claiming damages and other relief for their action in discharging the Chief of Police. It is the opinion of this office that the City of Andalusia may, in its discretion, expend funds for the defense of council members only if the LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BERLINS. JR . EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA PAIMMMUMMwSOMMANAM SAWnwWWwneW MOntimmett.A4AISMA WO$0 AMA UNS% tatiqi1041 Honorable Chalmers Bryant_ April 19, 1979 Page Two tests outlined in the following paragraph are met. The municipal corporation must have a proper interest in the action. The acts allegedly committed must have been done by the officials in the discharge of their corporate duties. And the officials must have acted honestly and in good faith. City of Montgomery v. Collins, 355 So.2d 1111 (1978); City of Birmingham v.-Wilkinson, 239 Ala. 199, 194, So. 548 (1940). When, in the judgment of the municipal governing body, the above-quoted tests have been satisfied, then and only then may the governing body decide whether to expend funds for the defense of city council members. I do hope that this response fully answers your question. If, however, this office may be of further assistance, please do not hesitate to contact us. Yours truly, ri Id! IL toibLO k/tholivel CHARLES A. GRADDICK ATTORNEY GENERAL CAG:cjs