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Lansing board hires outside appellate counsel for town member; adds reimbursement clause
Summary
The board approved an agreement with Mancuso Brightman PLLC to provide special appellate counsel in a matter involving a board member, adding a clause that the defendant must reimburse the town for legal fees if found guilty and removed from office; one member recused and public commenters debated taxpayers covering legal fees.
The Town of Lansing board approved a resolution authorizing special legal counsel services from Mancuso Brightman PLLC in an appellate matter involving a town board member and added a provision requiring the defendant to reimburse the town for legal fees if he is found guilty and removed from office.
The board considered the contract after a lengthy public-comment period in which residents both opposed and supported using taxpayer funds to pay for a board member's legal defense. "I personally don't think that we should be the taxpayers should be paying that bill," said John Payne, a Lansing resident. "Again, all of the board members are elected to represent all of Lansing... I do not feel that my tax money is being used in the best interest of our town," said Deborah Myers.
Other commenters backed the town's duty to defend officials accused of misconduct while acting in the line of duty. "If you're a public official and you are accused of misconduct in the line of your duty, you are defended by the town," said Ken Wolken, who urged unanimous approval.
During board discussion, the chair cited Town Law § 65.1 and Public Officers Law (ch. 47, art. 2, § 18) as the statutory basis for the town's obligation to indemnify and defend employees and officials. Board members debated whether to have the town choose counsel or allow the defendant to select his own attorney; proponents said town-appointed counsel gives the town more control over cost and representation. One board member recused to avoid the appearance of a conflict.
The board approved the engagement with an additional "resolve" clause, presented by a board member, specifying that the defendant would be required to reimburse the town for legal counsel fees if he is found guilty and removed from office. The resolution was adopted by roll call with the recusal noted in the record.
The special counsel engagement and the reimbursement language are expected to be documented in the engagement agreement and to be reflected in town legal and budget records going forward.
