WINNSBORO – Fairfield County Attorney Charles J. Boykin emailed a notice to council members on Monday, Jan. 9, of his intentions to “withdraw my firm’s representation of the county as the county attorney, effective upon notification to us that the county has hired new council.”
“We will take all steps reasonably practicable to protect the county’s legal interests and will transfer files to the county’s new counsel upon receipt of notice of employment of new counsel.”
Boykin, who was hired in Feb. 2021, wrote that the action is being taken to allow the new council the opportunity to select legal council of its choosing.
Late last week, however, a proposed council agenda was submitted to the clerk to council for distribution, listing an executive session discussion regarding proposed contractual arrangements involving the selection of an attorney to represent Fairfield County Council pursuant to S.C. Code Ann. 30-4-70 (a)(2).
Following executive session Monday night, a motion was made to “authorize the council chair to enter into contractual negotiations with Attorney Tommy Morgan of Smith Robinson law firm as attorney for and to represent the interests of Fairfield County Council.”
On Tuesday, newly elected Council Chairman Douglas Pauley confirmed to The Voice that the contract with Morgan is being finalized.
In Fairfield County government, the administrator or interim administrator, not council, hires the county attorney, but council can hire its own attorney.
“Mr. Morgan will be representing the council for a short period of time,” Pauley said. “Council will also hire an administrator or interim administrator, and the administrator or interim will hire the county attorney.”
