Byron lawsuit among reasons Peach BOE cuts ties with attorney

FORT VALLEY -- The Peach County school board will soon have new legal representation after voting to terminate its services with attorney Buddy Welch.

Among the reasons for the move was Welch’s involvement in a recent lawsuit over a sewer system between the city of Warner Robins and the city of Byron in which Welch represents the city of Warner Robins.

“We’ve got water from our public school going into the sewer they’re suing over,” said board member B.J. Walker at Tuesday’s study session, referencing Kay Road Elementary School.

Walker, Ben Hoots and board Chairman Ben McDaniel voted to terminate the relationship, with Jamie Johnson and Vice Chairwoman Virginia Dixon voting against the move in a rare 3-2 vote. In his support for Welch, Johnson said that the board needed to remember that Peach County schools were not Welch’s only clients despite what other members called a “conflict of interest” in the lawsuit.

“I think at some point, we have to understand he’s in the business of being an attorney,” Johnson said.

Johnson also questioned the timetable for finding new representation for the district. McDaniel suggested scheduling a called meeting for later in the week, although no official decision was made Tuesday.

“My recommendation would be I don’t think we need to go too long without representation,” he said.

Johnson and Dixon expressed concerns that any time without representation would be a risk. In addition to any other situations that may arise, the district is in ongoing conversations with the federal Department of Justice over any staffing changes or other moves that affect demographics due to a desegregation act that remains from the 1970s.

“Legal matters will always be a part of what we do every day,” Hoots said.

On top of the lawsuit, board members said that the fees paid to Welch’s firm had become an issue.

“We want to take a chance on spending less on attorney’s fees,” McDaniel said.

Fees had been potentially increased by Welch’s involvement in issues where the board’s lawyer might not have been a necessary participant. McDaniel and Superintendent Daryl Fineran pointed to insurance claims for accidents on school grounds, which were handled by the insurance company but for which Welch had charged fees.

“I think we spend too much on attorney’s fees,” McDaniel said before complimenting the service the board has gotten in Welch’s roughly seven years with the district. “As a person, I like him, and I appreciate the representation he’s given us.”

Before the vote, Johnson also suggested the board present Welch with its issues to see if he’d like to resign or take other action, but the motion had already been made, and the vote was cast.

“It’s time to move on,” Hoots said.

To contact writer Jeremy Timmerman, call 744-4331 or find him on Twitter@MTJTimm.

This story was originally published August 25, 2015 at 8:55 PM with the headline "Byron lawsuit among reasons Peach BOE cuts ties with attorney ."