The city of Germantown has been charged more than $19,000 for a lawsuit in which it wasn’t involved.

The lawsuit was between the Shelby County Election Commission and former alderman John Barzizza.

Barzizza sued the election commission after Mayor Mike Palazzolo won the November 2018 mayoral election by a margin of 120 votes.

Germantown mayoral election results
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Now, the election commission is asking Germantown to pay the legal fees it incurred to defend itself. The $19,351 bill was sent to the city in March, according to City Administrator Patrick Lawton.

“It is the position of city administration, taxpayer dollars should not be used for this purpose – for a lawsuit filed by a private citizen,” Lawton told aldermen during Monday night’s Board of Mayor and Aldermen meeting.

Lawton said the election commission hired its own legal counsel and did not consult the city. 

By state law, the election commission can ask municipalities to “furnish counsel” if election results are contested in court.

Mac McCarroll, Germantown’s city attorney, said he understood the city must pay the bill, according to the law. However, aldermen could ask Barzizza to pay before paying the election commission.

“I don’t think anything would prevent the lawsuit from seeking indemnity from the person who filed the lawsuit if the lawsuit was frivolous,” McCarroll said.

Alderman Scott Sanders said it would be “inappropriate” to pay the bill since the election commission did not consult the city regarding legal counsel.

“(Barzizza) has caused the expense,” said Alderman Rocky Janda, who wants the city to bill the former alderman.

“The people of Germantown shouldn’t have to pay a private citizen’s legal bills,” Alderwoman Mary Anne Gibson added, noting her displeasure in the situation.

Although the item has been deferred until Aug. 24, Alderman Dean Massey asked that the process be expedited so the issue did not become “political football” as the Nov. 3 election approaches. However, other aldermen did not agree.

The board toyed with the idea of billing Barzizza for the amount but did not make a final decision. McCarroll mentioned there may be a chance the cost will be reduced. 

Barzizza declined comment.