After almost a year of litigation, it appears Bob Burns has gotten his town meeting.

The Board of Selectman passed a motion 2-1 on March 4 to warn a special town meeting on whether or not to reinstate Burns’ former town job, the engineer-two position, which was eliminated with the passing of the 2009-10 town budget on March 18, 2009 by the Board of Finance.

The special town meeting is contingent on Burns’ withdrawal of his pending legal actions against the town, First Selectman Michael Freda said March 4. The special town meeting has not yet been scheduled, according to Burns’ attorney Chip Walsh, of Licari, Walsh, and Sklaver, New Haven.

The selectmen passed the motion after almost two hours of executive sessions with new town attorney William Ryan on Feb. 25 and March 4. Freda and second selectman Tim Doheny voted for the town meeting.

“I believe that given the facts, and the pros and cons of the case, this is the best solution for the town of North Haven,” Doheny said before the vote.

A ‘yes’ vote at Burns’ special town meeting would reinstate the $60,000 engineer-two position.

“I know that economic times are tough, but the residents of town can decide the right thing to do,” Doheny said.

Third selectman Steve Fontana voted against the motion.

“I’m primarily concerned about the precedent this would set,” Fontana said before the vote. “I think that by granting a special town meeting for this purpose, we will hamstring [the selectmen’s] ability and the Board of Finance’s ability in managing the budget going forward. I can imagine scenarios in which this would complicate a job that is already so difficult.”

“Having a town meeting for this purpose is not in the town’s best interest,” Fontana added. “I am not aware of any demonstrated need for the particular job in this town.”

After the vote, Doheny said that the board would not answer questions on the motion because Burns’ litigation is still active. Freda and Ryan both declined comment.

On April 15, 2009, the Board of Finance again voted down the reinstatement of Burns’ position. On May 4, the Board of Selectman voted against recognizing Burns’ petition for a special town meeting, even though the petition contained 24 signatures of town residents, surpassing the 20 signatures necessary for the petition to be recognized. Former First Selectman Janet McCarty and then-second selectman Steve Fontana voted against Burns, and then-third selectman Freda voted for recognizing the petition.

In response, Walsh filed for a writ of mandamus to request that a higher court overrule the May 4 decision. On Sept. 30, New Haven judge Robert Berdon denied former town attorney Richard Parrett’s attempt to quash the application for mandamus, pushing the case toward a potential trial.

The trial date was delayed after Freda replaced McCarty and Ryan replaced Parrett in late 2009. The new Board of Selectman discussed the case’s future with Ryan on Feb. 25 during a special meeting, during which Freda said they would consider the Connecticut Supreme Court Case Morris v. Congdon (2006) and Judge Berdon’s Sept. 30 ruling.

In Morris v. Congdon, the Connecticut Supreme Court granted the town of Preston the right to hold a town meeting to vote on the removal of the town planner position after Preston citizens collected 20 signatures on a petition for the meeting. Preston voted against removing the position during the special meeting.

Before the selectmen voted on the motion on March 4, Freda read aloud a letter written to the board by resident Gary Amato. “There should be no hiring in the department of public works while the state attorney’s office is investigating the building department,” Amato wrote.

Amato believed all three selectman were disqualified from voting on the motion. “Steve Fontana and Michael Freda are both named on the motion for write of mandamus,” Amato wrote. “They should abstain from voting on the issue.”

“Tim Doheny is being investigated by the state attorney’s office and should not vote,” Amato added, alluding to the building department investigation, as well as past allegations that the department undercharged Doheny for permits fees.

Doheny denied the charge. “I can assure you, for everybody in the room, to the best of my knowledge I am not being investigated by the state attorney’s office,” he said.

During public comment, resident Gerry Feinberg echoed Fonatna’s vexation that recognizing Burns’ petition and allowing the special meeting would set a dangerous precedent. Feinberg asked whether the selectmen would consider moving the question of reinstatement from a town meeting to a referendum. Freda said such a move was unnecessary, as a town meeting allowed all residents the chance to vote.

“If the Board of Selectmen chooses not to do it, then we can go get 20 signatures and a referendum will have to be called,” Feinberg responded. “That’s part of the problem with the whole matter. Calling a town meeting for this purpose is allowing any 20 people in town to usurp [the selectmen’s] authority.”

Feinberg asked whether the engineer-two position up for vote would “have Bob Burns’ name on it.” Freda responded that it would not.

Feinberg asked whether the Board of Finance had sole authority to restore a town position. “Town meeting is the legislative body in town,” attorney Ryan responded.

Feinberg was still wary of the motion. “Perhaps you have resolved the immediate issue, but you might have created a problem for yourselves or other selectmen,” he said.

Freda responded that he believed the selectmen were simply following the law. “Morris versus Congdon set the precedent for this,” he said. “And the previous town attorney’s motion to quash was defeated.”

Walsh also believed Burns’ petition was in line with the law. “When the former town council moved to quash, which was really a motion to dismiss the writ of mandamus, Judge Berdon’s decision against it was well on the point,” he said on Monday. “As the 2006 Supreme Court case said, the purpose for which the petition was filed was legitimate and for proper purpose.”

“I’m pleased that they voted to hold the meeting,” Walsh added. “I wish they could have done it a year ago.”