Public raises conflict-of-interest concerns over interim Freeport city attorney; council moves interviews into executive session

Tom Pearson, a resident of 110 South Hunt Street, told the council on Oct. 6 that he believes the city “did little research” before hiring Chris Duncan as interim city attorney and said Duncan is listed as attorney of record in litigation involving Councilman Jeff Pena.

Pearson named two case numbers he said list Duncan as attorney of record: 125934 (Pena v. Board of Adjustments) and 266626687 (Jeff Pena v. City of Freeport over hotel-motel taxes). He said the record shows a motion for dismissal of counsel dated Sept. 10, 2025, and warned that Duncan’s attendance at council executive sessions could create a conflict if he also represents a sitting council member in litigation against the city. “This is not about Pena being guilty or innocent. This is about the city council hiring an attorney with a conflict of interest by being the attorney of record for another city councilman,” Pearson said.

Pearson told the council he had suggested another attorney, Pat Taylor, as an interim option and said Taylor had offered to serve until a permanent attorney was hired. Pearson said council declined that option and later voted Duncan into the interim role.

During the Oct. 6 meeting the council announced it would move to executive session earlier than scheduled. The mayor said the meeting would go into executive session under Texas Government Code §551.074 (personnel matters) to interview city attorney applicants and under §551.072 (deliberation about real property) for a presentation by Bracewell regarding the Skinner property. The meeting record shows the regular session paused at about 6:29 p.m. for executive session.

The public comments and the announcement to move to executive session were presented during the citizens-comment portion of the agenda. The council did not take a formal vote on the hiring during the portion of the meeting captured in the public comment transcript.