Lawyer sues over firing as town attorney

A town attorney in Southwest Virginia claims his firing for criticizing town council members violates the First Amendment and his employment contract.

Tim McAfee of Norton has sued the town of Pound and three town council members for civil rights and contract violations. He claims he had a duty as town counsel to criticize the conduct of a council member and to correct him on legal matters. He contends he was within his rights to testify at a deposition that the town’s mayor abused her authority.

McAfee’s amended complaint was filed in Wise County Circuit Court April 26. He says he was hired for a six-year term as town attorney in July 2018. The lawsuit says the town council violated that deal in March of this year when a three-member majority voted to hire another lawyer for the job.

The council action violated the First Amendment, the attorney-client relationship and McAfee’s contract to serve as town attorney, according to the suit. McAfee seeks $1.32 million in compensatory and punitive damages as well as attorney’s fees.

After judges of the 30^th Circuit recused themselves, the Supreme Court last month appointed retired circuit Judge Malfourd W. “Bo” Trumbo of Botetourt County to hear the case.

McAfee is represented by Richard D. Kennedy of Wise. It was not clear if the town council members had counsel.

While McAfee’s suit goes forward, officials are trying to resolve the status of the town’s police department. The town council voted to furlough the police chief for 60 days at the same meeting that brought McAfee’s termination, according to the Kingsport Times News.