PITTSFIELD, Mass. — Kathleen Degnan is out.

Donovan & O'Connor is in.

The City Council approved Tuesday outsourcing its legal services to Donovan & O'Connor, which ends City Solicitor Kathleen Degnan's appointment.

 

Mayor Linda Tyer, in her first major move since taking office last week, proposed the switch as a temporary contract to buy time for the administration to review the city's needs and structure of legal representation.

 

"I wanted to make a change but at the same time I want an assessment of the city solicitor's office," Tyer said.

 

Donovan & O'Connor LLP is now contracted for the next six months at a cost of $51,000, or $8,500 a month. Tyer said the cost will be covered by money left in the legal budget with the departure of Degnan and part-time City Solicitor Darren Lee resigning.

 

The six-month period provides representation through the rest of the fiscal year, when Tyer is expected to return with a proposal for the city's representation — which could mean moving back to contracting with outside representation for the service.

 

"I recruited the firm because I am familiar with their experience in municipal law," Tyer said.

 

The firm is more than 100 years old and currently represents North Adams, Egremont and Great Barrington as well as previously representing the city under both former Mayors James Ruberto and Sara Hathaway.

 

The city solicitor's position was brought back to city government in 2012 and Degnan was appointed by former Mayor Daniel Bianchi. The department heads work at the pleasure of the mayor's office and Tyer opted not to keep Degnan on staff. Tyer thanked Degnan for her service but would not comment on job performance, citing it being a personnel matter.

 

"It is important for any new mayor to build a team of department heads," Tyer said, as the move is the first toward crafting the team she feels will be the most effective working with her administration. 

 

In the interim contract with Donovan & O'Connor, Richard Dohoney will be the city's lead attorney and will staff the office in City Hall two days a week, Mondays and Wednesdays. With some 18 other attorneys on staff, Dohoney says there will always be someone available to provide services. 

 

"There will always be somebody available during working hours to take calls," Dohoney said. "Those [Monday and Wednesday] are open office hours when anybody can just walk in. We'll be available in this office on other days as well, we'd just need advanced notice."

 

The council approved the contract with an 8-3 vote. Those who opposed the contract cited the limited open office hours, the total costs and questions about the city charter. 

 

"At the end of six months, it will be $51,000. So at the end of 12 months, we'd be well over what our current solicitor is paid," said Ward 7 Councilor Anthony Simonelli.

 

Tyer said the financial aspect will be analyzed during the next six months and that outsourcing the work does limit the costs of insurance benefits and pensions. She also refuted claims that the city will receive lesser service because of the limited hours inside City Hall.

 

"I expect this to be a full-service legal contract," Tyer said.

 

Councilor at Large Melissa Mazzeo said she counts on being able to walk into the office at any time during the week to get an opinion and she believes that overall it is more costly to outsource the work because of the volume.

 

"I feel like the size of our municipality and the number of times we have to refer to our legal department, having someone there is important," said Mazzeo, who was joined by Councilors Christopher Connell and Kevin Morandi in opposing the contract. "There is something about having someone in that room five days a week that we really need to have."

 

Morandi agreed, "Having a law firm will not provide what we really need and what we've gotten out of the city solicitor's office."

 

Mazzeo contended that the city charter, which was just approved three years ago, specifically creates a city solicitor position and salary scale. She further contended that with the contract ending Degnan's appointment, there is a vacancy that needs to be filled within 90 days. Tyer disagrees and says the city is still conforming with the charter — "I'm confident we are in good standing."

 

Councilor at Large Peter White said voters made it clear that the city should not be "doing things just because we've always done it that way" and felt a short-term, six-month contract is sufficient time to dig deeper into the office's operations. 

 

"In six months, I think we can have a more informed debate by knowing the cost and the different structure of that office," White said. "The voters of Pittsfield asked us to do things different."

 

Ward 1 Councilor Lisa Tully agreed, "I would like to see a change. I would like to see what happens over the next six months."

 

Ward 5 Councilor Donna Todd Rivers once served in that office and said there are various areas of expertise needed based on the types of issues being faced. She wants the mayor to take a look at the types of cases to determine the type of expertise needed for that office. 

 

"I think this is a great way to step back, look at our needs, what expertise we need and the expenses," Rivers said.