Byline: John Dignam

WEBSTER - The Board of Selectmen will look into a request that it pay a $21,000 bill for a lawyer who sued the board over a town administrator appointment, but there was little indication last night that the town would pay.

"It's time to end all this tonight

The Finance Committee in September 2005 hired Mr. Hennigan in a suit over selectmen's attempt to appoint a town administrator not recommended by the screening committee, which is required by town bylaw. The screening committee joined the suit, and later a 10-taxpayer group signed on.

Mr. Cassavant hired Mr. Hennigan on behalf of the Finance Committee. However, a Worcester Superior Court judge in May 2006 dismissed both town committees as plaintiffs to the suit, leaving the 10-taxpayer group the lone plaintiffs.

The 10 taxpayers are Francis Carbonneau, Edward W. Dowgiewicz, Shirley Dowgiewicz, Gregory Finamore, Paul O'Donnell, Lee S. Prescott, Michael Finamore, Alfred E. Beland, Joseph S. Beresik and Gilbert Guay.

Selectmen in February 2006 would not approve a Finance Committee transfer of $10,000 to pay legal fees for the suit, saying it was illegal for the committee to hire a lawyer.

Among materials presented by Mr. Cassavant last night was an Aug. 22, 2005, opinion from town counsel Kopelman & Paige that said selectmen were "required to appoint a town administrator from a list prepared by the screening committee." A later town counsel opinion supported the board's action.

Mr. Cassavant noted that if selectmen could pay bills they acquired defending their illegal action, they should pay the bills for the lawyer hired to oppose that action, even though they considered the hiring illegal.

Selectmen Chairman Mark G. Dowgiewicz last night stepped down as chairman for the discussion because his parents, Edward W. and Shirley M. Dowgiewicz, were members of the 10-taxpayer group.

Selectman Robert J. Miller was critical of Kopelman & Paige, saying town counsel "got us into this mess" with "incorrect advice to the town. We didn't do anything unless we were advised that we could."

He suggested that town counsel possibly could negotiate an agreement to settle the bill to "get it done and over with."

A motion by Selectman Deborah A. Keefe to find out if Kopelman & Paige had an errors and omissions insurance policy that might cover Mr. Hennigan's bill was not seconded.

Ms. Keefe said the board had not gotten a bill from Mr. Hennigan.

Selectman Charles R. Cormier questioned with whom Mr. Hennigan had a contract. He said he would never pay the bill for the 10 taxpayers, who, he said, "went into this not knowing what they were doing."

The May 2006 annual town meeting voted to pay the bill, then about $18,000, but the town learned two days later that the finance and screening committee had been dismissed as plaintiffs.

NAME: WEBSTER SELECTMEN; WEBSTER FINANCE COMMITTEE