Thursday, October 30, 2008 6:20 AM EDT
By Amanda Pinto, Register Staff
MADISON — A $250,000 special appropriation to replenish the town’s depleted legal fund passed without a quorum at a town meeting Wednesday night.
About a dozen residents who turned out to discuss the allocation — deemed necessary because of costs associated with the Police Department, selectmen’s consultations with town counsel on a variety of issues and 96 assessment appeals — stayed for nearly an hour to express their frustrations about the costs of scandal in Madison.
Under the town charter, if fewer than 75 voters attend a meeting, there is no quorum and items pass automatically. The $250,000 will come from the $1.2 million general fund.
Many residents voiced anger about the town’s handling of trouble in the Police Department, where 10 officers have resigned, been suspended or fired since scandals broke public last spring.
Mary Bacque, assistant town clerk, suggested the town take the money from the police budget.
"I think they should pay for the problems they caused themselves," she said.
Selectmen William Gladstone and Noreen Kokoruda pointed out that the police budget has seen cuts, but that forcing them to pay their own legal fees would not help taxpayers, since the department is funded by taxpayers.
Others, like resident Robert Murray, questioned the Board of Police Commissioners prudence in firing Sgt. Timothy Heiden, who was terminated, in part, because of failure to supervise other officers on his shift.
The town is now considering a deal with Heiden, which reportedly includes increased pension considerations.
"If we’re talking about settling, it’s because we don’t think we have that strong a case," Murray said. "We should be more confident when we (terminate people)."
The $250,000 is needed to replenish the town’s $165,000 legal budget, which was exhausted in less than two months.
With about $30,000 spent on legal fees in the selectmen’s office, and more than $13,000 spent on land-use issues, the town would have exhausted its fund even without the police legal fees.
The town is over budget more than $70,000 on this line item, officials have said.
Kokoruda said William Clendenen Jr., the town attorney, was the first town attorney to bring to officials’ attention problems that have persisted since the 1960s.
Some of the night’s most pointed comments came from Michael Haynes, former leader of the town Republican Party, who suggested First Selectman Al Goldberg was "in over his head" and would not win a second term.
"You’re spending too much, you’re doing it without the approval of the Board of Finance, (and) you are giving the town attorney work that can be done by town employees," Haynes said.
The town spent $534,000 in legal fees last fiscal year. It had earmarked $134,000 for the item.
Goldberg has estimated the town will spend $400,000 in legal fees this fiscal year.
Selectmen said they did not want to ask for a special appropriation, but felt they had no choice, given the problems the town faces.
"I’m comfortable that the money we are spending and the legal fees we are incurring are unavoidable for us," Gladstone said.
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