New developments in three city of Snellville ‘follies’ | Gwinnett Daily Post

Friday follies, indeed.

New developments surfaced Friday in three of the plentiful ongoing controversies surrounding Snellville, its city council and its mayor, again embodying what’s become Mayor Pro Tem Tom Witts’ favorite alliterative phrase. Each has different implications — and none of them point to any sort of end to the shenanigans.

Gwinnett County Superior Court Judge Warren Davis denied Friday Mayor Kelly Kautz’s motion to disqualify city attorney Tony Powell from representing the city council, city manager Butch Sanders and city clerk Melisa Arnold in her suit against them. The suit, filed in February, involves Kautz’s powers to appoint and terminate people for the latter two positions.

In his decision Friday, Davis ruled Powell will be permitted to serve as an attorney in the case — but cautioned all involved to consider the possible ramifications of that decision. In a counterclaim, the defendants have asked for Kautz to pay their attorney fees, which means that they would have to argue the suit is frivolous or brought in bad faith.

“In short, it is not up to the Plaintiff (Kautz) whether Mr. Powell represents the Defendants or not,” he wrote. “However, if the Defendants desire to continue with Mr. Powell as their attorney, they cannot use him or his law firm as witnesses or as a source of evidence to repel the claim of attorney fees, which is likely to entail substantial claims.”

In an emailed statement Saturday, Kautz said she was “happy with” the order.

Witts, who has become a sort of spokesperson for the council, called it “the first of several favorable decisions that we will need to get through in order to put all of these issues to bed.”

The Georgia Court of Appeals denied Friday Kautz’s motion of reconsideration in a March 19 split-decision that found she did not have the power to fire Powell.

via New developments in three city of Snellville ‘follies’ | Gwinnett Daily Post.