SAUGUS – The Saugus Board of Selectmen named Sean Fitzgerald as town manager Thursday night, pending completion of negotiations for a three-year term with the Peabody resident.The decision capped off a day that began earlier in the afternoon with a court hearing at which Lawrence Superior Court Judge Robert Tochka ruled against an effort by the Save Saugus PAC to keep the board from naming a town manager until the March 17 recall election. Tochka said there was no violation of the law involved, according to Selectman Stephen Castinetti, who represented the board at Thursday?s hearing.Selectmen voted 4-1 for Fitzgerald, with Debra Panetta opposing. The same four selectmen – Chair Ellen Faiella, Maureen Dever, Castinetti and Paul Allan – voted to oust previous town manager Scott Crabtree last October, with Panetta the lone opposition.Panetta said after the meeting that she was not ready for a vote at this time, as she had additional questions after rewatching Fitzgerald?s interview. She also said that it would be prudent to wait until after the recall election, as the Save Saugus PAC had requested when seeking the injunction.Panetta also said she thought that Mark Rees, one of the three finalists, was more experienced, but that Fitzgerald is well-versed with Saugus?s buzzwords and technology.Fitzgerald, who was not present, is the town manager of Plaistow, N.H., which has a population of 7,800, a town budget of $7.8 million and 65 employees since November 2008. Saugus? population is 26,628 with an annual budget of $81 million.Dever said Fitzgerald, who ran for mayor of Peabody four years ago, was chosen for his charismatic, professional and approachable nature. Allan concurred.?I would like to move forward with our offer,” he said. “He?s the type of person Saugus needs.”The Save Saugus PAC Tuesday sought an injunction stopping the selectmen from making a decision at Thursday?s meeting. Attorney Neil Rossman of Peabody, representing the board at Thursday afternoon?s hearing, said Tochka was fair, giving both sides equal opportunity to present their case.?Until something happens, they should and could exercise all of their powers that belong to them, including terminating a town manager and hiring a new one,” Rossman said.Attorney Thomas P. Fowler, representing the PAC, did not comment after the hearing.?I would like to confer with my client (today) before I comment,” he said. “I apologize for the delay.”Tochka had initially taken the PAC?s request under advisement. But 40 minutes after he did, Castinetti received word that Tochka denied the motion.?It was an afternoon hearing scheduled at 2 p.m., and we got called at 2:45 p.m.,” Castinetti said. “It lasted until 3:20 p.m. Forty minutes later, I got a call from (Rossman)” saying the judge had ruled against the motion.Faiella said disagreements are bound to happen in town politics.?Would we stop public hearings, because perhaps a new board doesn?t like them?” Faiella said. “I?m not trying to put that on the same level, but that?s not how it works. We won?t always agree, but that shouldn?t stop it from taking place.”Fitzgerald?s appointment is contingent upon successful completion of background, reference and credit checks.