Alpharetta could pick up officials’ old legal bills—not just new ones

Alpharetta, Georgia, is weighing a legal-defense policy that could reimburse elected officials, appointed officials and city employees for bills they have already incurred in civil cases tied to their city duties—not only bills incurred after adoption.⁠[1]

The proposal starts with a $50,000 reimbursement limit for each person in each eligible case. The city administrator, with the city attorney’s agreement, could raise that to $75,000 without a separate council vote on the reimbursement. Larger amounts would require a council majority. Council would also decide requests above $50,000 when the administrator declines the increase or the attorney does not concur.⁠[1]

Those are proposed rules, not an approved benefit. Staff are seeking discussion and policy direction during the Nov. 9 work session; a resolution could come back for formal consideration at a later meeting. The council meeting begins at 6:30 p.m. in City Hall’s council chambers, 2 Park Plaza.⁠[1][2]

Already-incurred bills would undergo a reasonableness review by the administrator and city attorney. For costs incurred after the policy takes effect, the draft sets reimbursement rates of $290 an hour for attorneys and $150 for paralegals, plus reasonable, itemized out-of-pocket expenses. Past and future bills would count toward the same limit, which would not reset each year or when a case reaches appeal.⁠[1]

The distinction is between paying to defend a case and paying its outcome. The policy would cover defense costs only—not damages, settlements, fines, penalties or legal fees awarded against an official or employee. Eligibility would be limited to civil actions arising from conduct within the course and scope of city service.⁠[1]

Insurance would still matter: the city would not be obligated to reimburse costs already covered by insurance or another source. If a recipient later recovered city-funded defense costs through a court award, that money would have to go back to the city.⁠[1]

Losing claims could also trigger repayment. The draft requires recipients to repay a proportionate share of city-funded defense costs corresponding to claims on which they did not prevail. The administrator and city attorney would determine the allocation, with the administrator retaining discretion over the amount. Repayment would generally be due within 30 days of a final, non-appealable judgment or order, unless the administrator approved another payment schedule.⁠[1]

The proposal itself does not appropriate money. Staff say actual spending would depend on the number and nature of eligible cases and the availability of insurance or other reimbursement—so the per-person limits are not a forecast of the city’s total bill.⁠[1]