Politics & Government

City's Legal Expenses in Civil Service Case Reach Nearly $70,000; Case May Take Years

More than $69,500 has been spent in defending the termination of two fired Redevelopment Authority employees. More legal expenses are expected.

The City of Attleboro has spent nearly $70,000 so far in defending the of fired Attleboro Redevelopment Authority (ARA) employees Michael Milanoski and Meg Ross, according to documents provided by the city solicitor.

The amount of legal fees to pay City Solicitor Robert Mangiaratti is expected to increase with the ARA's recent the Massachusetts Civil Service Commission's order to reinstate the two employees. It may be years before a decision is made. More than $69,500 was spent in defending the two employees between November 2009 and March 2011.

There are several steps that need to be taken before the case goes before Bristol County Superior Court, according to Brian Simoneau, a labor law attorney in Framingham. 

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The ARA has 30 days from the Commission's June 3 decision to file an appeal with Superior Court. The ARA will have to serve the State's Attorney General Office and Civil Service Commission with a copy of the complaint. The state's attorney general then has 90 days to file an administration record, which consists of transcripts of the hearings, documents submitted at the hearing and other evidence. 

Once the records are submitted by the attorney general, it is served to the city and it is filed with Superior Court. The ARA will then have 30 days to file a motion for the judge, which is to reverse the Civil Service Commission's decision.  

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Lastly, the attorney general has 20 days to file on an opinion to the motion. Once all of those steps are complete, the case goes to Superior Court, Simoneau said. 

"The appeal, once filed in Superior Court, can take anywhere from a few months to a few years before a decision is made by the court," Simoneau said. "It could take a few months or it can take a few years."

"I had a case filed on January 2010 in Superior Court and I still don’t have a decision," Simoneau added. 

Settlement

Mangiaratti said both sides attempted to settle, but neither party could agree on a settlement. Mangiaratti would not disclose the details of settlement offers that were made by the city. Still, another attempt to settle can be made by either camp.

"At any time up until a decision is issued by the Superior Court they could decide to settle the case," Simoneau said of the employees and the City of Attleboro. 

Support From the Council

Normally any decision to appeal a finding is handled by the city's administration. The ARA would normally fund its own legal expenses, but if it does not have any funds to do that, and since state law allows the city to assist the ARA if it is requested and the city has the money, then the administration can request funds for transfer. The request to transfer would need to approved by the City Council. 

The City Solicitor's expenditure, however, comes under the mayor's budget and is ultimately left to his discretion. 

"The City Solicitor already is funded in the General Government budget," Mayor Kevin Dumas said. "Any legal representation by Attorney Mangiaratti comes from this account."

If the city does not win its appeal and must reinstate both employees, the city may be ordered by the judge to pay Milanoski and Ross back pay and benefits from the time they were fired until the Superior Court reaches its decision.

As of June 6, 2011, the city was expected to pay approximately $277,000 in back pay to both employees. Traditionally in these types of cases, the employees may be entitled to a remedy that includes back pay from the time they were terminated through the judge's decision, Simoneau said. 

The City of Attleboro, however, can take it one step further and appeal the Superior Court's decision in appeals court.


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