Is that a lot? It depends ...

The total involved in the cases of Stavroula Bouris, the former Ottoson principal, and ex-teacher Chuck Coughlin is less than the estimate of "close to $300,000" made by School Committee member Joseph Curran at the March 27 candidates' night.

It is also less than the figure reported April 5 by YourArlington, which included $40,000 in retainer fees as related to the case that has had wide-ranging effects on Arlington. Such fees would be paid to legal counsel in any event.

These new figures include legal payments from last June, when the investigation of Coughlin and Bouris began. Those fees, which have not been previously reported publicly, total $5,740. Of this, $4,370 was related to the investigation of two employees who were later fired. The balance was related to special-education costs.

Is the amount spent to date too much? It depends whom you ask -- and it may depend when you ask.

Compared to the amount of the school's operating budget for the current fiscal year -- $36,775,603 -- the number appears small. Compared to the amount spent just for legal work in fiscal 2006 -- $107,000 -- the amount appears large.

YourArlington asked a number of school officials to comment for publication as to how the total legal fees compare to amounts spent in other recent years and what, in general, they thought of them. Superintendent Nate Levenson was the only official to comment for this story.

"No one likes spending money on legal expenses," he wrote in a recent e-mail, "but they are, unfortunately, part of running any large organization today. Legal expenses tend to fluctuate significantly year to year.

"In FY2005, they exceeded $255,000, and in FY06, they were only $107,000.

"Every effort is being made to limit our legal expenses, while responding appropriately to events and circumstances."

The amount spent to date far outpaces the allotment for legal services in the fiscal 2008 school budget -- $75,000. Even so, School Committee Chair Denise Burns had no comment, though she has expressed her views publicly about legal bills in the past.

Ron Spangler, chair of the committee's budget subcommittee, also declined to comment.

Curran, who also has expressed strong public views about legal bills, and Jack Duranceau, president of the Arlington Education Association, did not respond to requests for comment.

Should they comment after publication, this story will be updated.

Some school officials will tell you that the amount spent on legal fees could benefit the schools if spent in other areas, but no programs or personnel were cut in fiscal 2008 or in next year's budget because of legal spending.

The legal and contingency lines in the fiscal 2009 $40 million budget are expected to cover the estimated remaining costs connected to arbitration. The fiscal 2009 school budget lists $100,000 for legal services.

In general, legal costs amount to 1 percent of that budget. The effect on this year's budget is smaller still because the costs are spread over three fiscal years.

While the School Committee chair declined to comment, previously reported public statements reflect an ongoing concern about legal fees:

The School Committee minutes of March 11, 2008, say:

"On a motion by Ms. Burns and seconded by Mr. Spangler it was voted and approved to move the Policy and Procedures Subcommittee to look at moving the cost center for Legal expenses out of the operating budget and into its own line item so that any monies being moved into the legal line item have to receive the approval of the school committee and have the subcommittee report back to the full committee by the end of April. Vote: 7-0 unanimous."

On Jan. 22, 2008, under new business, the minutes say:

"Ms. Burns made the motion to refer to the Policies and Procedures subcommittee for clarification and recommendation to the full board around policies related to the employment of lawyers beyond scope of retainer, to address.

"1. Consider what /if any types of legal activities requested from Supt. should require approval of the school committee
        a. Investigations
        b. Law suits
        c. Other items or all items outside what is covered by retainer
        d. Items that could potentially have budget impact

"2. When the school committee has not approved specific activity of the lawyer, provide a policy that would require counsel represent distinctly as attorney to the district or superintendent rather than school committee, to clarify the directive for legal direction.

"3. Investigate any precedent, practices in other districts around this.

"Mr. Spangler would support the motion if number 1, 2, and 3 were deleted and would like to amend the motion to read as follows:

"To refer to the Policies and Procedures subcommittee for clarification and recommendation to the full board around policies related to the employment of lawyers beyond scope of retainer.

"Vote: 5 – 0 – 1 Abstention by Ms. Sheffler"

At a School Committee meeting two weeks earlier, the minutes say:

"Ms. Burns inquired about legal fees and bills for this fiscal year and Ms. Mazzarella provided this information to the committee.

"On a motion by Mr. Spangler and seconded by Mr. Thielman it was voted to approve the warrant #08082 dated December 11, 2007 in the amount of $595,084.59.
Vote 6-0 unanimous"

In March, The Advocate reported that from 2003 through 2005, under then-Superintendent Kay Donovan, the average annual legal expense figure was $194,531, and the highest total reached $255,809 in fiscal 2005.

In that story, Burns was quoted: "I am still not convinced of the appropriateness of this fiscal year's legal expenditures, and it is a lot of money to be spending on speculation. You spend the legal money when you have legal action to take, and I just don't think it's been appropriately handled."

On March 27, Curran said: "Until the litigation is settled, there is not enough credibility for an override." It was unclear at the time whether he was referring to the lawsuit filed in August, which had ended by then, or the ongoing arbitration. He has not responded to requests to clarify.