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Tue, May 13 2008 

Published April 25, 2008 05:17 pm - The Limestone County Water and Sewer Authority board’s surprise action to dismiss their attorney, James Moffatt, just as the board comes under scrutiny for alleged ethics violations is puzzling in its haste.

What’s behind Water Board’s hasty decision?
Editorial 4/27


The Limestone County Water and Sewer Authority board’s surprise action to dismiss their attorney, James Moffatt, just as the board comes under scrutiny for alleged ethics violations is puzzling in its haste. But more puzzling is the fact that the board apparently had lined up Moffatt’s replacement counsel before the meeting at which Moffatt arrived not knowing the board’s intent.

By a vote of 3-2, board members named Mike Cole counsel for the board and stated that by removing Moffatt they were not “firing” him. Moffatt said after the meeting he certainly felt fired.

In addition, board member Mike Hardaway stated that the change would “diffuse friction” between Moffatt and Board Chairman Mark Yarbrough. Moffatt cannot state what caused the friction because of attorney-client privilege and Yarbrough declined to.

Cole was attorney for the board for many years, including 2005, when the former board members voted a $15,000 bonus for then-manager Bobby Chandler plus $500 for each employee at the same time they approved a rate increase for customers.

While the bonuses were not illegal, the public outcry was loud and swift.

Now, Wyngate LLC has alleged that a board member is guilty of ethics violations. Neither the violation nor the board member has been specified because attorneys for Wyngate have not filed the suit.

We are aware that Yarbrough’s position previously came into question because he is a developer, which could potentially lead to a conflict with his service on the water board.

Whether or not developers can serve on water boards, the commission is clear that no board member is allowed to use his position for personal gain.

The attorneys for Wyngate will be available for comment Monday, according to a spokeswoman in their Florence office.

The attorneys did, however, notify Moffatt of their intention to file a suit against the board and outlined the complaints. They also told Moffatt of their intentions to contact the media.

Moffatt then called The News Courier, saying he wanted to let us know he had received notice of a suit and that he wanted to be open with the press and the public about the matter.

Moffatt, who is a member of the board of directors for Athens-Limestone Hospital, Care Assurance System for the Aging and Homebound and many other local organizations, has earned a reputation for his character, integrity, and above all, dedication to community.

If three board members found the need to change attorneys, that is certainly their right.

What is troubling is why these members of the water board struck so swiftly to remove Moffatt at a time when meeting minutes show that he questioned the board chairman on matters of ethics.

Moffatt is bound by attorney-client privilege, but the media is not.



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