Mayor & Chief-of-Staff attorneys make claims against Council attorney

TULSA - A second letter has been sent to the Tulsa City Council attorney that makes claims about his position.

On Wednesday, the attorney for Mayor Dewey Bartlett wrote a letter demanding that the city council's attorney resign immediately.

Then on Friday, the attorney for Chief-of-Staff Terry Simonson sent a letter to Drew Rees stating, "I was surprised to learn that you are continuing to give advice to the City Council given the now publicly alleged circumstances of your assignment to the Council. It is widely reported that your official title as a City of Tulsa employee is "Senior Assistant City Attorney" and has been for your entire multi-year tenure of your assignment to the Council."

The first letter, released to the press Wednesday afternoon by the mayor's attorney is dated July 28.

Joel L. Wohlgemuth writes that "It has come to our attention that, for fundamental reasons, you have no authority to act as 'Council Attorney,' and we demand that you resign from that position immediately."

Wohlgemuth's letter goes on to say that the council has twice -- once in 1999, and again in 2001 -- specifically declined to amend the city charter to provide for the employment of a council attorney.

Former Mayor Bill LaFortune, Wohlgemuth says, "yielded to council pressure" and established the position by transferring the senior assistant city attorney position to that of council attorney.

Wohlgemuth's interpretation of that move was that Rees remained an assistant city attorney, and that the council's actions in paying Rees to act on its behalf constitutes "in essence, a misappropriation of funds."

Wohlgemuth's letter goes on to point out that as recently as July 15, 2010, the council agenda included an item entitled "Proposed Charter Amendment: Establishing a Council Attorney."

"We can hire and fire whom we choose to assist the council," Council Chairman Rick Westcott says Rees' salary is paid for with council funds.

He also says neither the mayor nor his attorney have any right to interfere with the council's employees.

"The city council has not violated the charter, we've not broken any laws, we've not misappropriated any funds," Chairman Westcott said there are no plans to fire Rees or fire back at the claims.

"I plan to ignore it. I plan to go about doing the business of the citizens of Tulsa. I don't expect a response," Chairman Westcott said.

Rees told 2NEWS he didn't want to comment until after reading the the letter.

He did say that while he's supervised by the city attorney, he's employed by and answers to the council.

Thursday afternoon, councilors are scheduled to take up the possible disciplinary actions against Mayor Bartlett and Chief-of-Staff Terry Simonson.

The full text of the first letter is available in PDF format on the related link above.