Supervisor questions attorney’s contract

Newly-seated District 1 Supervisor Casey Brannon came out swinging Tuesday against Board Attorney Mike Espy over concerns about billing and representation for the county. 

Brannon initially tried to halt the appointment of Espy as board attorney by making a motion to issue a Request for Qualifications, but his effort failed in a 3-2 motion, with District 2 Supervisor Trey Baxter the other yes vote. 

“We need to possibly put an RFQ out for our county attorney so that we can get the most qualified person in to do this, somebody who wants to be here,” Brannon said. 

After Espy’s appointment, Brannon then requested the attorney’s contract be pulled from the consent agenda for further discussion. 

“This is not the best contract for the benefit of the county and the taxpayers and I would like for it to be tabled until the next meeting,” he said. 

Board President Gerald Steen asked Brannon if he would expound on why he thought that way. 

“During the prior administration, Mike Espy was paid over $1 million,” Brannon responded. “It’s our responsibility to be good stewards of taxpayers’ money.

“His billing is exorbitant,” he continued. “I think we need to re-evaluate this contract.”

Brannon also pointed to the fact that the contract was with Espy and his law firm and questioned whether or not the county was being “double billed” in some instances. 

“We’ve already approved Mike,” he said. “What I want to do is table this contract, maybe re-evaluate this contract, and make sure we are not being overbilled. I’m certain we can have a better contract to save the county money.”

Brannon then took issue with Espy’s performance as it relates to issues with the county, calling him a “black hole” where issues go to sit for long periods of time. 

He said Espy doesn’t ever “seem prepared for meetings, never has answers, and he always seems surprised.”

He said issues always seem to be put off for the next meeting and questioned if that was a “billing tactic.”

“I also happen to know from several good sources that Mr. Espy does not reply and get back to people in a timely fashion,” he continued. “Seems to be a black hole of things falling in his lap that never get done.”

Brannon pointed to a specific issue at the playground at Madison Avenue Upper Elementary that went ignored for over a month. 

“He’s been approved, there’s nothing I can do about that,” he said. “There needs to be leverage in his contract to make sure the county is a priority for him.”

Steen asked Espy if there was any rate change from the previous contract, to which Espy affirmed there were no changes. 

According to the contract, Espy receives $250 per hour as board attorney, attorneys with his firm receive $150 per hour, and paralegals receive $50 per hour. 

From 2020-2024, Espy received a total of $1,269,715.89 from the county. The yearly breakdown was as follows:

• 2020 — $231,246

• 2021 — $384,181.17

• 2022 — $342,492.69

• 2023 — $311,796.03

Espy had previously served as board attorney for Madison County from 2012 to 2016 before he was replaced by Katie Bryant Snell. 

During that four-year term, Espy charged the county $195 per hour, and in 2015 billed the county approximately $380,000 for legal work. 

Snell, who served as board attorney from 2016-2020, had an hourly rate of $140 per hour, and once she had made $150,000, her hourly rate was reduced to $100 per hour. 

The Journal has since asked the county for a list of payments made to Snell during her tenure, as well as payments made to outside counsel, in addition to payments made to outside counsel during Espy’s most recent term.

District 5 Supervisor Paul Griffin later made a motion to approve the contract as-is, telling Brannon that Espy puts in a lot of hours with the county. 

Steen then defended Espy as well, saying a lot is going on in the county, including several lawsuits. 

“It costs to do that type of business,” he said. “There’s something going on every day.” 

He said the $250 per hour is not a lot for being an attorney. 

“That’s very reasonable,” he said. “And Mike gives the supervisors the information, all of us. He’s an attorney for all supervisors.”

Steen, Griffin, and District 4 Supervisor Karl Banks ultimately approved Espy’s contract, with Brannon and Baxter voting against it.