OCEAN SPRINGS, MS — A nonprofit civic group is urging the Ocean Springs Board of Aldermen to reject the contract that would make interim City Attorney David Harris permanent, citing conflicts of interest and warning that the deal contradicts earlier commitments made by the city.
SaveOS, a 501(c)(4) organization focused on government transparency, sent a letter to Mayor Bobby Cox and the Board of Aldermen ahead of Tuesday’s meeting. “Litigating lawsuits should not be part of the City Attorney’s role,” the letter reads, warning that private firms who both advise the city and defend it in court carry “inherent risk of real and apparent conflicts of interest.”
The letter was penned and signed by SaveOS Director Mike Illanne.
Background of the Concerns
As GC Wire reported earlier this week, a unanimous February 4 vote committed the city to a new policy: keeping ongoing cases with the previous city attorney’s firm while outsourcing future lawsuits to specialized counsel. The intent was to ensure the city attorney could not profit by defending lawsuits that might arise from their own advice.
That safeguard, however, did not appear in the official minutes, leaving the city free to pursue Harris’s contract. The proposed deal pays Harris a $12,000 monthly retainer, plus $200 an hour for uninsured litigation, and gives him authority to hire additional attorneys at the same rate without separate Board approval.
SaveOS says this arrangement “is lucrative” and unnecessary, arguing that a full-time in-house attorney could be hired for the same cost. “Continuing to contract for legal services through private law firms who also litigate disputes with the City comes with inherent risk,” the group wrote.
Concerns Over Process
The group’s letter also revisits how Harris became interim city attorney. After Robert Wilkinson’s resignation earlier this year, the previous Board approved Harris only on a temporary basis, with the understanding that the city would solicit applications for either a full-time employee or a new contracted firm.
“No other candidates were vetted by the BOA,” the letter notes, adding that a planned open-source search “was not completed.” A public records request by GC Wire confirmed that no conflict-of-interest list or ethics review was conducted before Harris’s appointment.
Judicial Connections
In the letter, Illanne also flagged Harris’s family ties. His father, Chancery Judge Neil Harris, has presided over lawsuits involving affiliates of Securix, the ticketing company whose contract with Ocean Springs was cancelled following conflict-of-interest allegations against Wilkinson and former city officials. Judge Harris only recently unsealed portions of those records after lawsuits from state newspapers.
Alternative Approach
The organization urged the Board to keep Harris’s status interim while conducting a search for a full-time attorney. It cited examples of Mississippi cities such as Clinton, Madison, and Olive Branch, which employ full-time in-house counsel. According to the letter, in-house attorneys can “dedicate needed time to discuss the many diverse matters that must be managed,” “more easily avoid conflicts of interest,” and “develop deeper institutional knowledge of the city’s vision and strategies.”
What’s Next
The Board is expected to vote on Harris’s contract Tuesday night. If approved, the deal would replace the interim arrangement with a one-year agreement that automatically renews unless terminated.
SaveOS says it is urging residents to attend the meeting and voice their concerns. “The Board of Aldermen should move forward immediately with an open-source search to identify and select a full-time City Attorney,” the letter concludes.
The Board meets at 6:00 p.m. on September 2 at City Hall. Members of the public are welcome to attend and voice their concerns or opinions.
Key Points from the SaveOS Letter
- Reject the Harris contract: SaveOS urges the Board not to approve converting Harris’s interim role into a permanent, auto-renewing contract.
- Conflicts of interest: The group warns that allowing a contracted city attorney to both advise the city and litigate against it creates “inherent risk of real and apparent conflicts of interest.”
- Process not followed: Harris was intended as a temporary appointment until a public search could be conducted. No other candidates were vetted, and no conflict-of-interest review was performed.
- Contract terms: Harris’s proposed deal includes a $12,000 monthly retainer and $200/hr for uninsured lawsuits, with authority to hire additional attorneys at the same rate.
- Judicial ties: Harris is the son of Chancery Judge Neil Harris, who has presided over lawsuits involving Securix affiliates.
- Alternative solution: SaveOS recommends hiring a full-time in-house city attorney, citing cities like Clinton, Madison, and Olive Branch as examples.
I am afraid I totally agree with the Save OS group.