Danvers Retirement Board selects Murphy Hesse Toomey & Lehane for board counsel after split vote; Sacco & Collins named special counsel for conflicts

Danvers Retirement Board trustees voted Jan. 7, 2026, to negotiate a contract with Murphy Hesse Toomey & Lehane for Board legal services. The decision followed an extended discussion during which two elected trustees argued publicly for alternative counsel and raised conflict‑of‑interest and competency concerns.

Vincent (Vinny) Malgeri read a prepared statement criticizing Murphy Hesse’s fit for Board counsel and urging the Board to select Sacco & Collins instead. "I do not believe that Murphy Hesse Toomey & Lehane is the most advantageous proposal," Malgeri said, citing concerns about Chapter 32 experience, indemnification for board members, and the absence of cyber coverage in the current proposal.

Mike Hagan echoed the concern about dual representation of the Town and the Retirement Board, saying he contacted other systems and found the prevailing practice is to avoid using the same firm for both Town and board counsel. "I take representing our members of the system very seriously," Hagan said, and he asked that his written statement be entered into the minutes.

Malgeri moved that the Board select Sacco & Collins as the most advantageous proposer; Mike Hagan seconded. The motion failed (yeas: Malgeri, Hagan; nays: Conley, Collins, Russo). Rodney Conley then moved to declare Murphy Hesse Toomey & Lehane the most advantageous proposer and to negotiate a contract; Heather Russo seconded, and the motion carried.

To address conflict concerns raised during discussion, the Board also voted unanimously to name Sacco & Collins as special counsel to serve as outside counsel when conflicts involving Murphy Hesse arise. Trustees asked that Murphy Hesse attend a future meeting to discuss member indemnification and cyber security coverage and instructed staff and counsel to ensure the negotiated contract addresses those topics.

The record shows trustees debated procurement rules, Chapter 32 experience, indemnification policy and the need for evidentiary hearings in disability cases; the board’s actions were limited to selecting counsel and designating special counsel rather than adopting substantive policy changes at that meeting.

Next steps: Staff will proceed to negotiate a contract with Murphy Hesse consistent with the RFP and return a proposed agreement for Board review; Sacco & Collins will be engaged as special counsel when conflicts arise.