Niagara Gazette

Local News

July 8, 2011

Falls schools legal counsel contracts questioned

NIAGARA FALLS — The Niagara Falls School District will maintain its longstanding legal counsel for another school year, despite objections from one school board member who believes it’s time to see what some other legal firms may have to offer.

In its annual re-organizational meeting on Thursday, the school board voted 7-1 to renew retainer agreements with school district attorney Angelo Massaro and his deputy James Roscetti. Board member Nick Vilardo did not attend the meeting.

Board member Johnny Destino, who cast the lone dissenting vote, said he felt it has been far too long since the district sought bids for legal services, noting the combined contracts of Massaro and Roscetti will cost the district roughly $200,000 this year. Destino said his concerns were not meant as an attack on the abilities of either attorney, but on the “close nature and extended relationship between the district and its present attorney.”

“Earlier this year I asked that we begin issuing RFP’s for such professional services and so I ask again that we make this our practice as a board going forward to not only better safeguard the public’s finances, but to strengthen our image as good stewards of the public trust,” Destino said. “It may very well be the case that we are getting a great deal from our current attorneys in the number of hours of service they provide to us. We ought to know, in this data-driven industry, just how good we have it and allow our decision to be based off of those facts — not the subjective desire of the current board members.”

Massaro’s retainer agreement calls for him to be paid $96,987 for the school year starting July 1 and ending June 30, 2012. The deal does not include health insurance or fringe benefits of any type. It does cover reimbursement for expenses incurred by Massaro during the course of district business, including telephone toll charges, postage, travel and mileage. Roscetti’s deal as co-counsel will pay him $91,702 for the school year. Like Massaro, Roscetti’s agreement does not contain any provisions for fringe benefits, but does allow for reimbursement of documented expenses. Both men have represented the district for many years.

Both attorneys indicated that Destino was entitled to his opinion, while defending their work on behalf of the district. They noted a majority of board members showed by their vote they are satisfied with the quality of legal representation.

“The services we've provided throughout the years have been well-received,” Massaro said.

Added Roscetti, "The course of conduct speaks for itself."

Destino charged that the nature of the terms of the contracts with both attorneys made it difficult for the district to effectively evaluate legal costs, noting that Massaro and Roscetti are only required to submit a summary of their services each month, instead of a more detailed report. Destino also challenged the administration’s decision to allocate the services of a school psychologist to serve as the superintendent’s hearing officer for all student discipline matters. He noted the duties were previously handled by Massaro’s daughter, former district assistant attorney and current administrator for human resources Maria Massaro.

“Since we are already paying two attorneys to represent us in such matters it is an unjustifiable expense to further pay members of the staff to act in their stead,” Destino said.

Following the meeting, newly elected board President Carmelette Rotella noted the board is not under any specific requirement to solicit bids for specialized services like legal counsel and said the majority of the board has been satisfied with the work of Massaro and Roscetti. Rotella did not rule out the possibility of seeking other bids for legal services next year.

“I think it’s something we should look at in the future,” she said. “I think we should look at everything.”

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