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El Paso City Council postpones attorney evaluation after testy discussion

The El Paso City Council is considering evaluating City Attorney Sylvia Borunda Firth using a method which has not been used to assess a city attorney.

City Council on Tuesday talked about evaluating Firth using a so called 360-method. That’s when Human Resources talks to people who work above, below and at the same level as Firth and get input on her performance.

Other department heads have been evaluated this way but never the city attorney. Firth’s contract clearly states it’s the Mayor who evaluates her – with the input from City Council and the City Manager.

But some City Representatives, like Cortney Niland want more feedback from those who work with Firth, especially, she said, because the legal department deals with all city departments.

Deputy City Attorney Laura Gordon told the City Council they can get feedback from anyone but ultimately have to respect Firth’s contract.

City Rep. Michiel Noe said he wanted legal advice from someone other than Firth on the subject.

“When the City Attorney gives legal advice to us about herself, it has at the very least a perception of bias.”

At that point, Firth got up from her regular seat and addressed council at the podium, where the public speaks to Council.

“It’s not a perceived, it is a definite bias. I’ve gotten up to leave my City Attorney chair. I’m speaking as person Sylvia Firth – someone who has a contract with the City of El Paso that I expect to be respected. I have not given you legal advice with regard to the matters that pertain to me and my contract,” she said.

The issue stemmed from City Rep. Ann Lilly’s request that the legal department, which Firth leads, be evaluated.

She, Niland, and Noe suggested getting feedback from employees through electronic surveys, something that could cost the City about $3,000.

However, Lilly’s item was not accurately posted on the agenda and was ultimately postponed for next week.

“I’m not after anyone,” Lilly said twice.

Some City Representatives have expressed confusion or frustration with Firth in the last few months.

Council was initially confused about her legal advice when they voted to hire new City Manager Tommy Gonzalez.

Last month, City Rep. Cortney Niland publicly rebuked Firth, saying she sometimes doesn’t communicate well with Council and oversteps her bounds.

Others, like Mayor Oscar Leeser and City Rep. Carl Robinson have defended Firth’s performance, saying she’s been singled out.

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