DAPHNE, Ala.—Mayor Fred Small is considering hiring a personal attorney to provide legal counsel in an ongoing power struggle between him and the City Council.

Last month, the council stripped Small of his hiring authority by passing an ordinance—by motion—that transferred the authority to hire department heads from Small to the council.

Small vetoed the motion at Monday’s council meeting.

He then made a motion to seek permission from the council to retain his own attorney, which failed 5-2, with Councilmen Greg Burnam and Ron Scott voting ‘yay.’

However, Small does not need the council’s permission to hire legal counsel. It was a gesture, not a formality.

“I don’t think I need your permission,” he said. “I’d just like to have your blessing.

“I am working with a city attorney that can be hired and fired by the city council,” Small said, referring to city attorney Jay Ross. “I do not think it’s fair to put the city attorney in that position.”

He added that he doesn’t need his own counsel if he and city leaders can work together.

“It still highly concerns me that we get into these situations,” Small said. “I’m here like a sitting duck.”

Concerns were raised over where and how Small would budget the expense of hiring counsel.

“We have money budgeted for legal expenses,” Small said, referring to an annual amount set aside in the city budget for legal representation.

“No extra money will be needed,” Small said.

Councilman Gus Palumbo disagreed with the mayor’s claim that his hiring a personal attorney would not cost the city.

“It’s costly enough for one attorney but in this case the city would be paying two attorneys,” Palumbo said. “It would be counterproductive. I can’t support this.”

Councilman Bailey Yelding said that hiring a personal attorney will create unnecessary communication problems and could possibly pit the mayor against the council.

“I don’t see this as being beneficial to the city,” Councilwoman Cathy Barnette said.

“I, for one, can understand the mayor’s position,” Burnam said. “It certainly appears there is a power struggle going on.”

Scott, also siding with the mayor, said that Small needs someone who he has the authority to hire and fire.

“Mr. Ross works for us,” Scott said. “His loyalty is to the city.”

“I don’t need a personal attorney if we all work as eight,” Small said.

In other news:

City leaders had conducted Morse’s employee hearing in executive session the previous eight Wednesdays.

Engineer Ack Moore said the boat ramp will be 18-feet wide, will have 15 spaces for boat trailers and is scheduled for completion by Dec. 15.

In other business, the council unanimously voted:

The measure will allow businesses to advertise using outdoor banners meeting the city’s sign ordinance restrictions.