PITTSFIELD, Mass. — The mayor now has the option of hiring a staff person or a law firm to be the city solicitor. Well, at least according to city code. 

 

The City Council approved a language change in the city code that changes "city solicitor" to "city solicitor/ legal firm." The intent of the change is to give Mayor Linda Tyer the ability to look at both forms of representation when considering options to fill the position on a more permanent basis.

 

Getting such a change, however, came with a lengthy discussion amongst the councilors, with opponents fighting the language change to prevent a law firm from being contracted.

 

Councilor at Large Melissa Mazzeo said a full-time, in-house person will both better serve the city and come at a more inexpensive cost. But, the argument on the language change was centered on her belief and opinions she received from attorneys that the city solicitor has to be a person.

 

"We have to change our charter. Our charter is clear. It says a person," Mazzeo said. "We have department heads. One person runs the department and they have people below them and our charter is clear on that."

 

On the other side of the argument, Tyer and attorney Fred Dupere believe a charter change isn't needed. Tyer said the section in which the position is specifically cited as a person is a section outlining provisions of transferring from the old charter to the new. The new one was voted in by 2013. 

 

"Transitional provisions are intended to have a sunset," Tyer said. 

 

Tyer said she likely won't put forward a special act to change the charter because she believes it is unneeded. Dupere supports her opinion and says many communities contract with law firms and list one person for the firm as the "city solicitor." The person is a special municipal employee but the entire firm is available to assist on matters. 

 

"It occurs all across Massachusetts," Dupere said, agreeing that state law requires a person to be listed while disagreeing whether or not that person has to be staff or instead can be a member of a firm. 

 

Ward 2 Councilor Kevin Morandi said the best service comes from a full-time staff member in that office. He cited last year's tax title auction in which City Solicitor Kathleen Degnan "worked long and hard on" to accomplish. He went on to cite two lawsuits in which the staff member knew exactly what to do — in one case knowing her limitations and recommending outside, specialized council that ultimately won the case. 

 

"We've had good representation," Morandi said. 

 

Ward 5 Councilor Donna Todd Rivers worked in that office and said she understands both points. She said much of the work entails a lot of researching, drafting opinions, reviewing contracts and leases, and other "basic functions."

 

"These basic functions were well done with a city solicitor in that office," Rivers said. 

 

But, at the same time, she recognizes that municipal law covers a broad range of issues and attorneys tend to have expertise in specialized fields so the ability to broaden expertise availability is also appealing. 

 

"I think it is good to have options," Rivers said.

 

Ward 6 Councilor John Krol remembers under former Mayor James Ruberto there was a staff member in the office, which worked well for the city. But when that staffer left, the best option available was to outsource. A lot depends on the availability of people or firms looking for the job. Krol says the best way to go would be to keep all options open and let the mayor determine how the city will be best be served.

 

"We're trying to put up roadblocks to doing the appropriate thing for the city," Krol said of the arguments against the language change.

 

Councilor at Large Peter White doesn't care whether it is a person or a firm.

 

"I want to see Pittsfield have the best representation possible," White said. "If it ends up being a firm, it's a firm. If it ends up being an attorney, it ends up being an attorney. But let's give ourselves the option."

 

Currently the city is being represented by Donovan & O'Connor under a six-month contract. That contract was eyed by Tyer as a temporary stop gap while she determines how to best serve the position vacated by Degnan. Donovan & O'Connor had previously represented the city under Ruberto. 

 

The language change, which more clearly gives the mayor the ability to seek both requests for proposals from firms and conduct interviews for staff members, was approved by a 7-4 vote. Ward 7 Councilor Anthony Simonelli, Ward 4 Councilor Christopher Connell, Morandi, and Mazzeo voted against the change.