(MEMPHIS September 15, 2009 8:31 PM) -- City Attorney Elbert Jefferson still has his job. He went before the Memphis City Council Tuesday as they debated whether or not to show him the door.

Jefferson has been in the spotlight because of a $55,000 payment he approved. The payment was made to former Mayor Willie Herenton's attorney. Some question whether the fee was for legal work to prepare Herenton for a possible defense in case he gets indicted, and whether that would be appropriate use of tax-payer dollars.

The majority of the council voted to allow Jefferson to stay, going aginst the wishes of Mayor Pro-tem Myron Lowery.

Councilwoman Wanda Halbert, whose running for mayor, questioned Lowery, also a mayoral candidate, about his motives for trying to oust Jefferson.

"This appears to me to be personal retaliation," she said. "It's personal retaliation. Why are we now in an uproar?"

We asked Lowery whether his efforts to get rid of Jefferson are part of some sort of vendetta. "Not on my part," he responded.

"I'm only protecting the public. If I understand Mr. Jefferson correctly, he's currently auditing the bills. That should have been done before he signed off on them," Lowery said. "He also says that some of the money will be returned. The money should never have been given in the first place."


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In a letter sent to Herenton on September 15, 2009; Jefferson wrote, "As you are aware, claims have arisen wherein allegations are that I intentionally used public funds to pay for your criminal defense. The original scope of allowed representation of your outside counsel was to answer questions for which you were legally entitled to ask of this office but for the conflict triggered by this office's ethics investigation. I have since re-reviewed the invoices. As a result of the review, it is my opinion that I inadvertently authorized payment on certain items and ask that those payments be reimbursed to the City. I apologize for any inconvenience this may have caused you. We ask that reimbursement be made expeditiously as possible to bring this matter to a close."

Jefferson says he's identified $7,362 he believes Herenton should repay, and his audit continues.