Council to meet with new city attorney today

SALISBURY -- The City Council will hold its first open meeting with newly appointed City Attorney Mark Tilghman at today's work session.
Tilghman's firm -- Seidel Baker & Tilghman -- was hired as city solicitor on Jan. 23, replacing longtime City Attorney Paul Wilber and his firm, Webb, Burnett, Cornbrooks, Wilber, Vorhis, Douse & Mason LLP.
The council has called a meeting with Tilghman and the administration regarding several pending items, including appointment of a new fire chief following the Jan. 20 resignation of Jeff Simpson. Mayor Jim Ireton has nominated acting Chief Rick Hoppes to permanently replace Simpson, but the council has been reluctant to move forward pending a legal opinion on whether the mayor is able to forgo a competitive search process.
Ireton said he does not need to conduct a competitive search because Hoppes has submitted his name in two prior searches, including one that occurred a little more than a year ago, yielding Simpson as chief.
An initial opinion from Wilber stated that although the prior practice has been to engage in a competitive selection process, the city's employee handbook does not require the mayor to do so and "as a result, the council can act to provide advice and consent to the mayor on the current nomination."
However, some council members were unsatisfied with the opinion. Council President Terry Cohen said Wilber's interpretation of the handbook "differs from several decades' worth of practice."
Cohen also expressed concern regarding disparate treatment of other employees who went through the selection process, as well as possible conflicts with local, state and federal employment laws.
Councilwoman Laura Mitchell said she's satisfied with Wilber's opinion and Ireton's recommendation, as Hoppes is "one of those people who has worked his way up in the department for the past 25 years and fits the criteria of what we should be observing."
Cohen has contacted the Local Government Insurance Trust -- an organization that specializes in Maryland government risks -- regarding the employment law/risk management issue associated with the council majority's concerns. She is expected to reveal her findings and solicit an opinion from Tilghman on the matter, at today's meeting.
The council is also expected to discuss with Tilghman the appointment of an acting city clerk, since Brenda Colegrove's retirement will go into effect March 1.
Assistant City Clerk Kim Nichols is expected to receive the appointment, and she has said she will also throw her name into the hat for consideration for the permanent position.
Also on the agenda is discussion about the appointment of additional legal counsel for several ethics complaints filed against council members, as well as the pending legal transition, which Wilber said his firm is willing to assist with for 60 days, at its normal hourly rate.