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County attorney seeks and secures conflict waiver for joint representation of county and solid‑waste authority
Summary
The board unanimously approved a conflict waiver for Gerard & Davis LLP to continue representing both Newton County and the Newton County Solid Waste Management Authority, with counsel noting that the firm will withdraw if an actual adverse conflict arises.
County attorney Stephanie Johnson told the Board on May 5 that Gerard & Davis LLP has represented both Newton County and the Newton County Solid Waste Management Authority and that, as a matter of record and professional responsibility, the county should execute a conflict‑waiver form. Johnson said current negotiations show aligned interests but the waiver documents the joint representation and commits the firm to withdraw and require separate counsel if the two entities’ interests become adverse.
Commissioners who also serve on the Solid Waste Management Authority asked whether other constitutional officers or county entities are represented by the same firm and whether billing is separate for separate entities; Johnson confirmed the firm recently began representing the tax commissioner and said bills are generated separately for each client. The board approved the waiver unanimously.
The action places the waiver on record and preserves options for separate representation should a true conflict arise.
