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This summer, the Charlotte City Council voted to extend the contract of interim City Attorney Anthony Fox. In addition to giving him a $75,000 retention bonus, the new deal pays Fox his total salary for November and December, if he worked past Oct. 1 — even if a new city attorney was hired after that.
It was previously reported that Fox would receive the two additional months' pay for working beyond Oct. 31. WFAE was provided with the contract Friday that stated Oct. 1.
Three council members voted "no": Dimple Ajmera, Renee Johnson and Tiawana Brown.
They were concerned about the city potentially giving Fox a lucrative payout for doing basically nothing. Council member Ed Driggs said he thought the payout was strange, but he voted "yes."
“If he is still in position through Oct. 31, 2025, and he leaves on Nov. 2, 2025, we’re agreeing to pay him through the end of the contract, is that right?” Driggs said. “I think that’s odd. What can I say?”
Now that embarrassing scenario has arrived.
The new city attorney, Leslie Andrea-Fite, will be sworn in on Nov. 3. The city has confirmed Fox will work until then, and he will be paid $28,000 for November and $28,000 for December.
That’s significantly more than the lowest-paid city workers make in a year, essentially paid out for being on the payroll one Saturday and Sunday.
The City Council doesn’t have to pay out that cash, however.
Because the attorney works for council members, they could simply vote to end Fox’s employment at 5 p.m. on Oct. 31 and name Deputy City Attorney Lina James to be the interim attorney over the weekend.
Fox’s contract with the city says the City Council can end his contract without cause. If they do that, he is owed one month’s salary. That means Fox would be paid $28,000 for November, but taxpayers would save $28,000 for December.
What City Council says
I asked City Council member Malcolm Graham whether he would consider that.
Graham said he “didn’t know” how long Fox planned to work, and added that he might continue to help the city with important legal work during the transition period after the new attorney starts. He said he doesn't want to interfere.
(Before becoming interim city attorney, Fox hosted a fundraiser for Graham and has donated to the campaigns of several council members.)
Of course, it’s not up to Fox as to how long he works and collects a paycheck — it’s up to Graham and his colleagues. City attorney is one of three positions that the council directly hires and fires.
In past transitions in the city attorney’s office, the old city attorney didn’t continue to collect a paycheck after the new attorney started.
Council member Edwin Peacock said this week that he’s just learning about the possibility that Fox makes $56,000 for working a little more than a weekend.
“I’m not comfortable with that,” he said.
Peacock said the council should vote to save taxpayers’ money and end Fox’s contract on Oct. 31. He said he is concerned that Mayor Vi Lyles and City Manager Marcus Jones have not briefed council members on the potential payout. (Which, we should note, has previously been reported by the Charlotte Observer.)
Outside investigation results
The looming payout to Fox comes days after Lyles announced the results of an outside investigation into inflammatory comments made by council member Victoria Watlington in a fundraising email about the city’s $305,000 settlement with outgoing CMPD Chief Johnny Jennings. After the settlement was revealed, Watlington wrote about "unethical, immoral and illegal activities” within the city government.
She quickly walked that back in a second email, when she wrote she wanted the city to operate with “truth, transparency, respect and authenticity."
The report by law firm Cranfill Sumner found “no evidence of unethical, immoral or illegal conduct.” That was repeated eight times in the five-page report.
Lyles held a news conference about the report Tuesday, in part, she said, because she wanted to be transparent.
She then announced she wouldn’t be taking any questions from reporters.
The report also said the city could do some things better, including being “more structured and transparent.”
A month ago, the Republican state auditor released an investigation into the Jennings payment. Dave Boliek criticized the city, saying that Charlotte “doesn’t share our interest in being open and transparent.”
