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Oakland Will Lose in Suit, Mayor Says -- Mullins Warns of Legal Fees From Election Challenge
Tuesday, January 06, 2009 7:53 PM
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(Source: Commercial Appeal, The)trackingBy David Healy

Oakland Mayor Bill Mullins said the man trying to take his job is also costing the city thousands in legal bills.

The mayor announced Monday that the town had paid $18,159 in attorney fees to defend the Fayette County Election Commission against a challenge filed by Scott Ferguson.

Mullins defeated Ferguson by 15 votes on Nov. 4 to earn his fifth term in office.

The Election Commission has certified the results, but Ferguson is challenging the decision claiming at least 15 people voted in the election who should not have.

Mullins estimates the city's final bill for the suit will be between $80,000 and $100,000.

"The citizens need to be aware of the irreparable harm this lawsuit is causing, whether Ferguson wins or not," Mullins said in a press release. "It could mean the difference in being able to keep our full-time fire department going, much less being able to continue our parks and recreation programs or starting anything new like the city library or a community center."

Ferguson called the mayor's statements an intimidation tactic. He said he remains committed to seeing the challenge through.

"I am disappointed that he has not been interested in maintaining the integrity of the voting system," Ferguson said.

Ferguson is still waiting to inspect the records from the election. His attorney, Lang Wiseman, is currently working with attorneys for the Election Commission to govern the inspection process.

The bill paid by the town last week was for the services of Baker, Donelson, Bearman, Caldwell and Berkowitz. The firm represents the Election Commission in the dispute.

Ferguson's attorney said he was surprised by the amount of the bill.

"I am shocked that the fees could possibly be that high at this early stage in the litigation process," Wiseman said.

Oakland Atty. Richard Myers said the Election Commission informed the city it would pass its legal fees to the city.

"The statue that governs election challenges indicates that any extraordinary expenses incurred by the election commission due to challenge is born by the political subdivision (Oakland) of whose election is being challenged," Myers said.

Mullins said the town will seek to recoup legal expenses from Ferguson in the event his suit is unsuccessful.

- David Healy: 529-5880.

Originally published by David Healy healy@commercialappeal.com .

(c) 2009 Commercial Appeal, The. Provided by ProQuest LLC. All rights Reserved.

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