Law firm's bill causes stir among township trustees

Thursday, August 24, 2006 Trustees hadn't passed a resolution to hire the firm or to pay the bill. By DENISE DICK VINDICATOR STAFF WRITER BOARDMAN — Trustees spent some time discussing a less-than-$1,200 bill for legal services, and how it will be paid. Earlier this month, the township received a bill from a Columbus law firm with offices in Akron for $1,192 for less than five hours of work. The bill was sent to Michael Villano, the short-term administrator who resigned two weeks ago. Problem is that trustees hadn't passed a resolution to either hire or pay the firm, as required by law. William Leicht, township fiscal officer, said at a special trustees meeting Wednesday that he contacted the Mahoning County Prosecutor's office about how to address the bill. "One alternative is to pass a resolution of moral obligation to pay the bill," Leicht said. To hire outside legal counsel, trustees have to make a motion to do so and set a monetary cap that those services aren't to exceed, the fiscal officer said. Consulting Robyn Gallitto, trustees chairwoman, said that it was her understanding that Villano was consulting someone for free legal advice. Villano didn't attend the meeting, but he said by phone that he contacted the law firm for advice about the township civil service commission's scoring of hiring and promotional exams. He took that issue up after Gallitto told him she believed that the exams weren't being properly scored and asked Villano to look into it. "They asked me to consult someone with expertise in civil service law," Villano said. Initially, the firm wasn't going to charge, but he said that Gallitto and Trustee Kathy Miller both had additional questions after his initial inquiry. He said the firm then indicated that there would be a charge for the work. He said Miller and Gallitto told him to go forward with it. Villano said he wrote an initial letter to the township's civil service commission, asking members to clarify how the scoring methods conform with state law and township civil service rules and regulations. He said Miller and Gallitto both told him to get a second opinion and seek the help from the law firm. Miller and Gallitto said they were unaware of a fee when Villano talked to them about seeking the legal advice. They said they didn't OK spending the money. Leicht said the law firm also should have known that board action was required to hire the outfit. Finding for recovery He said the prosecutor's office indicated that the bill would result in a finding for recovery. "I think we should move in that direction," Leicht said. "He [Villano] had no authority to hire outside legal counsel without a prior motion from the board." Gallitto said she believes the township should pay the bill or risk getting sued. Leicht said he's never been involved with a resolution of moral obligation, and he would have to consult with the prosecutor's office on how to proceed with it. Trustee Elaine Mancini said she was on vacation when the discussion about the law firm was going on and may vote against a resolution for moral obligation. "I was not a party to the whole issue," she added.