Georgia's Court of Appeals sided Monday with former Snellville Mayor Kelly Kautz, upholding a previous ruling that she should be awarded more than $80,000 to cover attorney's fees accrued during a contentious battle with the city she once served.
Snellville — and its taxpayers — would be on the hook for the money if the city declines to further pursue the matter.
"It is unfortunate that the taxpayers of the city of Snellville have to bear this expense, and it is our hope that the city council will go ahead and pay the judgment, which has incurred substantial interest to date, and not continue to appeal," Kautz's attorney, Phyllis Miller, wrote in an emailed statement late Monday afternoon.
The Court of Appeals' ruling comes more than a year after a Gwinnett County Superior Court judge first awarded Kautz attorney's fees in the case, which stemmed from her dispute with city council members over whether, as mayor, she had the power to hire and fire the city's manager and clerk.
City attorney Tony Powell — whose own firing by Kautz led to a case that was argued before the Georgia Supreme Court — cited a conflict of interest and represented the city council in the case, forcing Kautz to hire her own attorney.
The case was ultimately resolved in a settlement, leading the city to argue Kautz was not "successful" in her claim, a key point of contention in the subsequent case involving the mayor's attorney fees. But both the trial and appeals courts held that Kautz indeed succeeded.
In Monday's decision, the Court of Appeals cited the Supreme Court's previous ruling that a local government must pay an official's attorney fees if that official, while "acting in his [or her] capacity, is required to hire outside counsel to assert a legal position the local government attorney cannot assert" —and if the official is successful in asserting that position.
The appeals court's ruling upholds the trial court's previous award to Kautz of $83,347 in attorney fees and $2,864 in "costs of litigation."
It was unclear Tuesday morning if Snellville will continue to pursue the matter.
The city declined comment and does not comment on legal issues, city spokesman Brian Arrington said in an email.
Kautz was elected in 2011 and served one contentious — and litigious — term as mayor before losing her re-election bid to Tom Witts, her most ardent critic on the city council, last year.
Gwinnett County District Attorney Danny Porter is currently investigating allegations that Witts failed to pay state taxes, kept other state tax money for himself and improperly received payment for work his business did for the city of Snellville.
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