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HomeMy WebLinkAbout1968-02-14-BOS-min SELECTMEN'S MEETING February 14, 1968 A Special Meeting was held by the Board of Selectmen in the Selectmen' s Room, Town Office Building, on Wednes- day evening, February 14, 1968, at 7:30 p.m , to interview for the position of Town Counsel Chairman Cole, Messrs . Burnell, Cataldo, Mabee and Kenney were present. Attor- neys Douglas Randall, William Whalon, John Fiorentino and Mrs . McCurdy, Executive Clerk, were also present Mr. Douglas Randall of Quincy met with the Board He said that he bad been City Solicitor for ten years for Quincy. He devoted about 60 hours, so he abandoned private practice. He had a two-man office and one girl in City Hall. The Chairman asked if he had attended all meetings . Mr. Randall replied that he bad attended all of the meetings with the Committees He received $L4,000 a year, (started in at $8,000) had a full time assistant, full time girl. The assistant put in 30 to 35 hours a week at a sal- ary of $10,000. Had trial cases , Supreme Court, field of zoning; did all advising of public officials , all land dam- II age cases . The rest were divided up. The Chairman asked where his law practice is now. Mr. Randall said that his office is in the Quincy Savings Bank; he does a lot of work for Arthur Burgess of the Quincy Savings Board . The Chairman asked if he had talked with Mr Legro. Mr. Randall said in a sort of general term I would like to get into public service Would open an office in Lexington with my own practice limited I find that estab- lished Town Counsel puts in one-half his full time . Counsel should be available in Town If office not in Town Hall, should be in the Square, available to Townspeople . One- third of our time is devoted to people calling us, people who feel sluffed off by building inspector, water depart- ment; people who have problems with the Town. Had a lot of land cases , people whose property was taken, would handle case in our office In some Towns, Counsel insulates him- self from that. People like to call Town Counsel up. The Chairman said that the procedure we have tried to implement here is that the Executive Assistant get the calls Things we can 't take care of go to Town Counsel. He asked Mr. Randall when he would establish an office here as Town Counsel is automatically a member at large Mr Randall said it would be within a year. I Mr. Kenney asked if Mr. Randall had hired outside 111 counsel. Mr. Randall replied that the amount of work was too much and there were several attorneys to do our titles We handled all of the City' s legal business except titles; also, tax title foreclosures . The Chairman asked if he had ever represented a Town and if he were familiar with warrants and motions . Mr. Randall said that he had never actually done that but had prepared 1,000 counsel orders a year, zoning, traffic regulations. It was the same as drawing articles for the warrant. The Chairman said that there is no question on your competence in this field . He mentioned that there was one large case in Town, Tax abatement, Appelate Tax Court. 6 or $8,000 is the budget, does that sound like a realistic budget? Mr Randall said that if you were involved in litiga- tion, Appelate is more expensive. Your budget is minimal. If the Sewer Commissioner laid out sewer line, would they provide funds to settle cases? Mr. Cataldo said, appraisals , outside budget. Mr. Randall asked how tort claims are handled. The Chairman said that we have a Board of Public Works , covers everything. We will decide on amount of dam- ages If there is a taking, make the award. Counsel tells us what he can settle for. Mr. Kenney said, to a thousand dollars . Mr Randall asked about public liability on buildings, autos , workmen compensation covered? The Chairman said everyone but Police and Fire; re- tirement Board here. Mr. Kenney said that Special Fees and Special Counsel Fees are available, Town Counsel isn't limited to $4.,000. Mr. Randall said that to expect to work at $8500 out- side of expenses is a little less than medium. The Chairman said $4.500 for office expenses , and asked if that sounds reasonable Mr. Randall answered in the affirmative Mr. Cataldo asked if he was interested in full time. Mr Randall said that the salary would have to be $16,000 or $17,000, no outside law practice. Understand that it is not an annual appointment, that the term is a minimum of three years . I am interested in full time ex- clusively. Mr. Cataldo asked about a staff for full time Mr Randall asked if there would be an office in Town Hall. With a full time secretary at $125 or $130 it would be $6400 a year; maybe in Lexington you could get a girl for about $105. 7 , Mr. Kenney asked if he felt with approximate idea of work load that he could handle it Lexington can afford full time counsel; decisions involve hundreds of thou- sands of dollars . If a fireman is injured you can get him back to work and save $100,000; no pension work with local retirement board; land damage involved in substantial takings, you can successfully reduce excess of verdicts . Full time Counsel has no conflict; Town would be very wise to consider full time Counsel who is willing to perform for the Town Mr. Mabee asked if Mr Randall felt that Department Heads can call you at dinner time on work that may not have legal implications . Mr. Randall answered in the affirmative. Mr. Mabee said that if you answer off-the-cuff, you could give them wrong answer. Mr. Randall said that he made it a practice not to have written question; never felt anybody called me just to sand- bag me I have bad excellent relations with everyone. If somebody calls me on Sunday, it is important to give them time, day or night . The Chairman said that if the Board and the Town should decide on full time Counsel at $16,000 or $17,000, you would need a secretary at $5200 or $5500, office $5500, term, three years, and asked if that seemed reasonable. Mr. Randall said it would be, except for some grandiose problem. The Chairman said that it would take a month to make the transition. It would be advisable to keep former Town Counsel as Special Town Counsel to clean up cases we have had . Mr. Randall said that it was a good idea. He should be permitted and required to keep what he is working on if it is possible for him to carry on for a while. The Chairman asked Mr. Randall if he had any questions. Mr. Randall said that the only thing that might bother you is that I am not a native Would come to Lexington in a year; I would assume a fairly permanent arrangement as I have six children. Municipal Law is my life; I can claim that I am an expert in the field Prefer public rather than private practice; feel happier with bigger problems . The Chairman thahked Mr. Randall. Mr John Fiorentino met with the Board He has a law office in Everett and has opened an office in Lexington. The Chairman explained the Law Budget and asked if he was familiar with the work load Mr. Fiorentino said that he had heard it was 80 or 90 hours a week but it was hard to judge the number of hours involved, as it might take one man 80 or 90 hours and an- other could accomplish the work in less time. He asked if Town Counsel was required to attend many meetings . The Chairman said he attends the Board of Select- men meetings, and at Town Meeting time, there are more meetings . He asked how many hours Mr. Fiorentino could devote as Town Counsel, assuming you will keep your practice. Mr. Fiorentino said that he had a young man working in the Lexington office and between us time would not be a problem. The Chairman said that Mr. Fiorentino could appoint him as Special Counsel. Mr. Fiorentino said that the young man could work in his office on his cases plus Mr Fiorentino's cases . A secretary would handle just Town business ; he asked if there was an office in Town Hall. The Chairman an- swered in the negative. Mr. Fiorentino said be had found that where City Solicitor tries to do the job without an assistant, there is too much work to handle. He asked how many written opinions are you asked to do? The Chairman asked if he had some reluctance to give oral opinions and Mr Fiorentino said that it is your job to give them The Chairman asked if someone called him and gave the circumstances, would there be any reluctance to give an oral opinion Mr Fiorentino said that he would like to have the set of facts ; it is very dangerous thing to do. I think that if these opinions are necessary, you should try to give them Most Town Counsels are handicapped, they try to run a practice and try to keep up with Town work. He felt that it was wise to have an office with a secretary in Town Hall. The Chairman said that the work involved many sewer easements , widen streets, many Takings ; we make the award when we make the Taking. Mr. Fiorentino said that the amount of work here is a Law Office itself. Town Counsel needs a secretary if he is trying to fit Town Work in It is an important task to run it independently; files should be here, li- brary, statutes . This becomes the legal center for the Town. Mr Kenney said that he thought his idea was well taken. Mr. Fiorentino said that you need a girl and an as- sistant. Most of your working law is done in the office. He asked how many cases are farmed out. The Chairman replied that it depends on Town Counsel, how he feels about farming cases out. It is his responsi- bility, if he has confidence in another lawyer . . Mr. Fiorentino said that it would depend on the case, some cases are involved. The Chairman asked if he would farm out cases like this? Mr Fiorentino said that you don't know until you do them. As you do more, you handle well If I were Town Counsel, I would be hesitant to farm out . I think you have to judge as you go along If you have enough help, you may manage better. I have an associate who could spend 5 or 6 hours a day doing preliminary work. I should be able to handle most of the cases the Town is confronted with. If negotiations, call in specialists on it . Special mat- ters that Town Counsel couldn' t know. The Chairman said that with our Town Counsel, we haven' t had to hire any specialists . He asked how he felt about the $4,000 retainer fee, an office in the Town Hall with a girl provided, expenses for supplies . If you limit lawyer, you might want to spend some on an Investigator. Mr. Kenney said that it would be close to $10,000 to draw on. Mr. Cataldo asked if $10,000 would cover you being Town Counsel, no matter how many hours you put in? Mr. Fiorentino said that he would keep a chart for a year. Mr. Burnell asked if the associate would fit in and Mr . Fiorentino said that he would pay him Mr. Kenney said that, ordinarily, they would expect him to handle most of the cases . Mr. Fiorentino said that begness is not the test. It is whether you are familiar with it. The main thing is if you prepare them, have a good file, ready to go to work. The Chairman asked when he would be available and Mr. Fiorentino said, any time Mr. Cataldo said that we don' t know what concept we are going to go, full or part time Mr Fiorentino said that from a lawyer' s point of view, part time is better The Chairman thanked Mr. Fiorentino Mr William Whalon of the Law Firm of Gallup and Hadley, Boston, met with the Board. The Chairman explained the Law Budget and said that William the Special Fees budget was pretty substantial. He asked Whalon if it sounded reasonable. Mr Whalon said that it would depend on the volume of work. The Chairman said that the volume is heavy, takings , contracts . Everything that we do in Town, Town Counsel prepares , some negotiations . He asked how he felt about attending meetings . Mr . Whalon said he would not be available to Boards 111 in Town As far as Selectmen' s Meetings are concerned, it would depend on the agenda. Things that might re- quire my attention, yes . The Chairman said that if nothing was on the agenda, there was no reason for Town Counsel to attend all meet- ings for one or two hours Mr Mabee said that, quite frequently, if we don' t have something for him, he has something for us . He ap- pears and does not have to stay. Most of the time he is here one-half hour, sometimes three hours Don't know if there are too many other meetings Mr Burnell said there were Planning Board meetings . Mr Mabee said that hardly a Monday night goes by that he is there a half hour. School Committee occasion., ally wants him or Conservation wants him. The Chairman said he cbuld be harrassed by phone calls . Policy is, if Board has a problem with a citizen they might deem it advisable to refer to Town Counsel. Mr Mabee said that since he was elected by the people he didn' t see why he didn't have the right to contact Town Counsel He is Town Counsel, not Selectmen' s Counsel. Mr. Kenney asked if he was a member of a large firm Mr Whalon said there are six lawyers in my office in Boston . , The Chairman asked if other members would be avail- able for Town' s things Mr Whalon said they are not all familiar to any de- gree with Town problems ; one is a patent attorney, another limited to criminal work; one taught municipal law, one on tort work; we spell each other. I would certainly expect to get somebody else. The Chairman asked if the work load was too heavy, or if you found it needed special counsel, would you farm it out? Mr Whalon said he would have to call upon somebody to teach him a few things The Chairman said that the Board has a completely open mind, it has been suggested a full time counsel, and asked if he were interested. Mr Whalon said, I think probably not . I don' t know enough about how much is involved. Can' t express opinion as to whether the Town ought to have part or full time. I can look forward to the time the Town has attained a full measure of growth with a new office building, office for counsel, small library, secretary and possible full time counsel Mr Cataldo asked what his feeling is concerning some- thing like that at this time. L� Mr. Whalon said that he didn' t know whether he would be in a position to say, with financial problems as we all have. Has been associated with firm for some years , couldn't terminate. Can' t say presently whether he would want to give these things up. Don't know if I was asked and did take the job, whether I would remain with that feeling Mr. Cataldo asked if the work would be done in your office. Understand you would use talent on some of these Boards . What is your feeling of secretary right here, work load to stay here Mr. Whalon said it might be preferable, I don' t know. Can see distinct advantages to my office, Appelate Tax across from me. Mr. Mabee asked( oull er on Town Committees i Mr. Whalon said a t ns ere interested; attended a great many meetings on Conservation. Familiar with the nature of the problems they have. The Chairman asked if he would utilize lawyers on various committees and Mr. Whalon answered in the affirmative. Mr. Whalon was asked how long would it be before he would be available and he said that there was an urgency of situation now. It is also a matter of Town Meeting coming up. Not going to be easy, except for the fact that Town Meeting is as far advanced . I could be available any time, my work is constant The Chairman said that it would be advisable that pre- sent Town Counsel keep working on cases . Mr. Whalon said that it makes sense from Town and every point of view. The Chairman asked about fees Mr. Whalon said that Mr Legro told him that time works out to nominal charge. There is great variance in work between towns The Chairman said, you are aware of Article for Town Manager? I am in favor of the Board electing Town Counsel. Mr. Mabee said that he thought they should take into consideration the Town Manager system Mr. Whalon agreed Mr Cataldo asked if his office setup was adequate. Mr. Whalon said with great volume of work, would have to take on another girl, if her time was used totally for Town work Mr. Mabee asked if he had represented any clients against municipalities . Mr. Whalon said that his experience was limited to Board of Appeals, Planning Board, and the like. Supreme Court case, tries to oust City Manager. Had experience with contracts, public works contracts The Chairman said that you are familiar with the Town, Town Meeting and your availability would be on or about April 1st . The Chairman thanked Mr. Whalon. 1 void t 1