Civic Insights with David Billings
This is a very interesting question. Let’s explore it. As always, I like to start with Texas law. The answer depends on the type of municipality and its governing documents.
General-Law Cities
Texas law generally provides that the governing body may appoint a municipal attorney if it determines one is necessary. The statute uses permissive language (“may”), not mandatory language such as “shall.”
Home-Rule Cities
For home-rule cities, the answer depends on the city’s charter. Many home-rule charters require the appointment of a City Attorney, while others allow the city to contract with outside legal counsel instead.
Our City Charter
The City of Fate Charter requires the City Council to appoint a City Attorney. Specifically, Section 4.04 (City Attorney) states:
“The City Council shall appoint a competent, duly qualified, licensed and practicing attorney in the State of Texas who shall serve as the City Attorney. The appointment shall be made by majority vote of the City Council.”
The Charter does not require the City Attorney to be a full-time city employee. Instead, the Council may satisfy this requirement by appointing an attorney from a private law firm to serve as the City’s legal counsel.
What Does the City Attorney Do?
In Texas, the City Attorney is the chief legal advisor to the municipality. The City Attorney represents the City as a governmental entity—not the Mayor, individual City Council members, the City Manager, department directors, or city employees.
Typical responsibilities include:
- Advising City officials on legal matters.
- Drafting and reviewing ordinances, resolutions, contracts, and development agreements.
- Serving as the City’s prosecutor in Municipal Court.
- Providing legal advice during City Council meetings.
- Advising staff on the Texas Public Information Act, the Texas Open Meetings Act, zoning and land-use laws, development regulations, and Comprehensive Plan updates.
- Representing the City in litigation or supervising outside litigation counsel.
- Identifying legal risks and recommending appropriate courses of action.
- Advising officials on ethics ordinances and compliance with state law.
Who Is the Client?
This is one of the most important legal principles. Under the Texas Disciplinary Rules of Professional Conduct, the client is the City, not:
- the Mayor,
- an individual City Council member,
- the City Manager,
- department directors, or
- individual employees.
The City Attorney’s duty is to protect the legal interests of the municipal corporation as a whole.
So, What Happens Next?
Rule 1.15(d) of the Texas Disciplinary Rules of Professional Conduct provides that a departing law firm continues to owe ethical duties to its client. Among other responsibilities, the firm must:
- Protect the City’s interests during the transition.
- Transfer client files and records to successor counsel.
- Inform successor counsel of pending litigation, deadlines, and significant legal issues.
- Preserve the confidentiality of attorney-client privileged communications.
- Avoid taking any action that could prejudice the City’s legal position.
The timing of a resignation can be particularly important when significant legal matters are pending.
The City currently has several major issues underway, including the proposed Fate Yards Chapter 380 Agreement, ongoing ethics matters, the resubmission of the Crenshaw Preserve Planned Development application, multiple commercial development projects, and numerous Public Information Act requests.
A Successful Transition
Whenever there is a change in legal counsel, the City’s highest priority should be maintaining continuity of legal services.
Historically, the Mayor, City Council, and City Manager have worked together to develop a transition plan that ensures pending legal matters continue without interruption. That includes litigation, development agreements, contracts, Public Information Act requests, ethics matters, and other time-sensitive issues.
As part of the transition, the outgoing law firm should work closely with City leadership to:
- Transfer all legal files.
- Identify pending deadlines.
- Preserve attorney-client privilege.
- Brief successor counsel on significant legal matters.
- Ensure no ongoing matter is overlooked.
A well-executed transition protects the City’s legal interests while minimizing disruption to municipal operations.
Once the transition is underway, the City Council should authorize a Request for Proposals (RFP) to solicit qualified applicants for either an in-house City Attorney position or an outside municipal law firm.
To promote a fair, transparent, and competitive process, the RFP should ideally be administered by an independent municipal recruitment firm experienced in local government legal recruitment. An independent process helps ensure equal consideration for all qualified applicants, establishes objective evaluation criteria, and strengthens public confidence in the selection process.
After reviewing qualifications, municipal experience, references, and interviews, the City Council should appoint the attorney or law firm that best meets the City’s legal needs and approve the appropriate employment agreement or professional services contract in accordance with the City Charter and Texas law.
A thoughtful transition protects institutional knowledge, preserves public confidence, and helps ensure that the next City Attorney is selected based on qualifications, experience, integrity, and a demonstrated commitment to serving the citizens of Fate.
Final Thoughts
The City Attorney plays a vital role in protecting the legal interests of both the City of Fate and its residents.
Given the number of pending development applications, ethics matters, Public Information Act requests, and other significant legal issues facing the City, selecting an experienced and highly qualified City Attorney is one of the most important decisions the City Council will make.
Legendary basketball coach John Wooden once said:
“Be quick, but don’t hurry.”
That advice fits this situation well. The City Council should move with appropriate urgency while ensuring a thoughtful transition, uninterrupted legal services, and a fair, transparent, and competitive selection process.
The next City Attorney should possess not only strong municipal law expertise, but also the judgment, integrity, and independence necessary to provide objective legal advice and protect the interests of the City as a whole. Equally important, the City Attorney must be empowered to provide candid legal advice even when that advice is unpopular and to advise the City whenever a proposed action may violate the law.
Selecting the City’s chief legal advisor is one of the most consequential decisions the City Council will make. The right attorney will help the City navigate complex legal issues, ensure compliance with state law, reduce legal risk, preserve public trust, and strengthen confidence in local government.
🎙️ Continue the Conversation
Listen to my podcast, “As Fate Would Have It.” My co-host Dave Martin, host of The Good Government Show, joins me as we talk with government and local leaders about what’s happening in Fate and across Rockwall County.
New episodes drop monthly. Give it a listen and let me know what topics you’d like us to cover.
About the Author
David Billings, former Mayor of Fate, has served the community for over a decade. A longtime business leader in the telecommunication industry, Navy veteran, and resident of Rockwall County, he brings both professional and civic experience to his writing on government, budgeting, and local economics. He is a graduate of Leadership Rockwall, North Texas Commission Leadership Program, active in several Rockwall County non-profits boards, and the American Legion.
He is passionate about civic involvement in local government, maintaining transparent governance and thoughtful strategic planning to preserve a bright future for the regions.
