SAUGUS — The town has spent almost $2 million since 2014 on specialized attorneys to help provide advice or fight legal battles and the amounts rival similar spending by much larger communities.
“Outside” legal counsel expenses underscore the need, said former Saugus School Committee member and Board of Selectmen candidate Corinne Riley, for the town to post online reports detailing how much is being spent on outside counsel and identifying the lawyers receiving the money.
“We never hear how much money has been spent. Making the cost of lawsuits public is an opportunity for greater transparency. The taxpayers are paying for it; they deserve to know where every penny is going,” Riley said.
The 2019-2020 town budget includes $336,500 for outside counsel even as the town is gearing up to press forward with its lawsuit against the city of Lynn, opposing a plan for a recreational marijuana store in the former O’Brien’s Pub.
The city of Lynn’s budget includes $206,000 for outside legal counsel for the 2019-2020 spending year. With a population three times the size of Saugus, Lynn spent $1.8 million in the last six years on outside legal while Revere, with a population of 52,000 compared Saugus’ 29,000 residents, spent $1.6 million over the last six years.
Town Manager Scott Crabtree, who holds a law degree, said comparing Saugus and Lynn’s outside legal spending is like comparing apples and oranges.
Lynn, he said, has three city lawyers to help shoulder the legal load while Saugus relies on outside counsel and Town Counsel John Vasapolli, who will be paid $63,000 this year by the town for his services.
Vasapolli provides excellent “institutional advice,” but Crabtree said the town needs specialized counsel primarily to advise town residents who serve on the Zoning Board of Appeals, Planning Board and other town committees.
In addition to the Land Court attorney the town will retain on the marijuana siting lawsuit, Crabtree said Saugus relies on outside counsel for advice on the proposed Saugus Ridge housing development, the 222 Central St. Mill District case, and matters brought before the Board of Health.
“We have a lot of good volunteers providing their time, but they’ve never been given expertise. As manager, I want the boards making the best decisions,” Crabtree said.
That expertise extends to the board’s attention to matters affecting Saugus Wheelabrator.
In April 2018, after reviewing more than 1,800 written comments, the Massachusetts Department of Environmental Protection allowed Wheelabrator Saugus to stage ash residue on its landfill before transporting the material off-site.
The Board of Health and Conservation Law Foundation (CLF) appealed that decision in May 2018, setting the stage for a court fight over the town’s and CLF’s opposition to the state’s decision.
Riley is concerned the $400,000 the town has budgeted for outside counsel for the upcoming fiscal year reflects the increasing number of legal battles it is fighting on several fronts.
“There are a lot of lawsuits and settlements out there and not much transparency on what the town is spending,” she said.
But town Finance Committee Chairman Ken DePatto has a different perspective on outside legal costs.
“Things are going to go up because we have more problems that require specialized representation,” DePatto said, adding, “As one member of the Finance Committee, I believe in providing the town manager with the resources to defend the town of Saugus. Outside counsel is very important.”
Crabtree said town officials have learned the hard way about the consequences of not having outside lawyers with expertise in planning, housing and other specialized legal areas.
“The town has made mistakes that have had a negative impact on the community as a whole,” he said.
DePatto said the decision to sue Lynn over the marijuana siting decision reflects town opposition to allowing recreational marijuana businesses in Saugus.
“In my opinion, it’s incumbent on the town manager to represent the opinions and attitudes of the town,” he said.
Be that as it may, said Riley, but she said town legal expenses should be made public.
“I hear a lot of ‘let the manager manage,’ but it should not involve keeping information close to the vest,” she said.
