By admin 
A dispute over who has authority to hire attorneys for the town is the latest chapter of drama in the Chapin Town Council in S.C., with council members challenging the mayor’s decision to sign an engagement letter with attorney Bubba Samuels.
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During a council discussion Monday evening, member Ainslee Bost said the council had not received or approved a contract authorizing Samuels or his firm to represent Chapin. Bost cited a South Carolina Attorney General’s Office opinion stating that municipal councils have authority to appoint a town attorney and argued that the council should have a say in hiring any lawyer representing the town.
Chapin Mayor Bill Mitchell disputed that interpretation, saying the opinion addressed the hiring of general counsel — not attorneys retained for specialized matters. The mayor said engagement letters for attorneys handling specific cases fall within the mayor’s day-to-day authority, similar to contracts with contractors or town employees.
“I never had any question in my mind that it is the responsibility of municipal council, mayor and council members to hire a general counsel ortown attorney,” the mayor said during the meeting, while maintaining that specialized legal representation is a separate issue.
Last week, Lexington County filed a lawsuit against the town for Mitchell’s refusal to issue more than 600 sewer taps to a proposed development in the former county technology park at Brighton. That refusal has jeopardized a $20 million sale of the site for a new housing development.
Mitchell implemented a freeze on new connections to the town’s wastewater system shortly after he took office in November. He has said the town’s wastewater plant has already committed to serving 97% of its capacity, although the county claims the plant isn’t anywhere near capacity and can accommodate the planned housing development.
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Lexington County said in its lawsuit that it has spent more than $16 million making improvements to the 200-acre site, including sewer infrastructure the county says is ready to be added to the town’s system. Lexington County is asking a judge to order Chapin to release the taps or pay the county $20.4 million in damages.
Just a week earlier, Chapin Town Council had voted to give itself the ability to hire a town attorney, bypassing Mitchell. The mayor had previously engaged Bubba Samuels of Buford, Georgia, as a “utility attorney” to serve the town on issues related to its wastewater system, but it was unclear heading into Monday’s meeting if Samuels would continue working with the town long term.
The mayor said he’d signed a letter of engagment with Samuels had signed an engagement three or four weeks ago, though the exact date was not immediately available. The mayor also said Samuels had not yet provided extensive legal services, but had met with town officials and taken over documentation related to the pending complaint.
Council members continued to argue that Samuels should not represent Chapin without council approval. The mayor responded that the disagreement could be resolved through additional legal opinions — from the Attorney General’s Office, the Municipal Association of South Carolina or another outside attorney — or, if necessary, through a court decision.
The council ultimately voted to enter executive session to continue discussing the matter.
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