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Saratoga Springs council approves legal contracts and uses fund balance for DeCensus lawsuit
Summary
The City Council authorized two contracts for outside legal services related to DeCensus v. City of Saratoga Springs and approved budget amendments to use an existing assignment of fund balance to cover the fees, leaving a remaining balance of $54,131.35.
The City Council of the City of Saratoga Springs on Feb. 21 authorized two outside legal contracts tied to the federal lawsuit DeCensus v. City of Saratoga Springs and approved related budget amendments to use a previously established assignment of fund balance for legal liabilities.
Mayor Safford moved to authorize a contract with Johnson and Laws LLC for legal services in the DeCensus case not to exceed $35,000, subject to acceptance of the firm’s certificate of insurance by risk and safety. David (staff member) told the council this step was urgent because, he said, “our insurance carrier, Nimer, disclaim coverage very unexpectedly and without warning,” and the lawsuit was about to be served, creating a 20-day deadline. The motion passed on a voice vote with a 4-0 tally.
Council members then added a separate agenda item authorizing a second contract to provide separate counsel for Commissioner Moran. Mayor Safford moved to authorize a contract with Conway Donovan and Manley PLCC for up to $20,000 at $375 per hour, also subject to a certificate of insurance. The motion passed 4-0.
On the finance side, the council approved a resolution to use an assignment of fund balance for liability for legal expenses. The assignment had been established Nov. 28, 2023; the balance in the assignment as of Feb. 21, 2025 was stated as $109,131.35. The council voted to use $35,000 of that assignment to fund the Johnson and Laws LLC contract, leaving a remaining balance of $74,131.35. The council then approved a second resolution and corresponding budget amendment to use $20,000 of the same assignment for the Conway Donovan and Manley PLCC contract, leaving a remaining balance of $54,131.35.
David explained the city may ultimately seek payment from its insurer and described the current authorizations as a protective measure to ensure the city is represented and not constrained by the insurer’s disclaimer. He also said there was a separate need for counsel for Commissioner Moran, adding, “There’s also a need for a separate attorney.”
All motions recorded in the meeting passed by voice vote with no abstentions; recorded tallies for the budget amendments were shown as 4-0 in favor. No additional conditions on the contracts were recorded in the transcript beyond the requirement that each firm’s certificate of insurance be accepted by risk and safety.
The meeting adjourned shortly after the finance votes.
