Selectman Barry Greenfield says Massachusetts towns have successfully petitioned the Office of State Auditor Suzanne Bump to overturn unfunded mandates in the past.
Now, he and a majority of fellow selectmen want the town's lawyer to consider heading down a similar path — petitioning Bump's office.
Selectmen are directing the town's lawyer to look into a petition asking Bump's office to declare as an unfunded mandate the pension system for Swampscott public employees.
The lawyer will report to selectmen an opinion on whether such a petition would have merit.
But Swampscott Firefighters Union President Jim Snow told selectmen on Wednesday that the unfunded mandate question was rendered moot years ago.
In 1995 Swampscott Town Meeting voted to accept provisions of the public employees retirement system, he said.
As such, the town accepted — and were not mandated to join — the pension system, he said.
He said it is a waste of taxpayers' money to have lawyers spend time investigating a question to which the answer is clear.
Selectman Greenfield said the lawyers are on a retainer and it will not cost the town money to look into the matter.
The chairman of the Board of Selectmen, Jill Sullivan, said the board is taking no formal action by investigating the petition.
Any decision on whether to go forward on a petition would have to come before the board in the future.
Wednesday's discussion is part of an ongoing review of options with respect to pensions.
In May Town Meeting rejected a home rule petition that would have asked legislators to give Swampscott the option to offer alternative retirement and health insurance benefits for new town employees in collective bargaining with unions.
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