Pennsburg Council needed only 14 minutes Tuesday night to sever ties with its previous solicitor and hire a new legal firm. During a special meeting, the members voted to terminate the services of Sager & Sager Associates. They also voted to hire a new solicitor.
Mark Hosterman and his firm, Wisler Pearlstine, LLP, will represent the municipality. The Whitpain attorney is familiar with the Upper Perkiomen valley.
Hosterman, a partner with the firm with 31 years of practicing, currently serves as the solicitor for Red Hill Borough and the Red Hill Water Authority. He has served as special counsel for the Upper Salford Township zoning hearing board.
Member Wayne Stevens cast the only vote against removing Daniel Sager, whose term was set to expire at the end of 2025. Diane Stevens did not attend the meeting.
Board President Patrick Suter said Sager's lack of a physical presence at the meetings played a large role in his decision to seek new representation for the borough. He claimed the attorney has not attended a council meeting in person in approximately two years. Sager, who has lived in Florida for the last four years, usually participated in the meeting via telephone.
According to the board president, Sager – who did not participate in the meeting – missed a few deadlines related to the borough's attempts to secure a loan from the U.S. Department of Agriculture to complete municipal renovations. Suter specifically mentioned a waiver related to the loan.
Suter claimed the arrangement with Wisler Pearlstine will save the borough 30 percent in legal fees. However, he provided no evidence to support that claim.
Prior to both votes, Mayor Charles Shagg encouraged the members to explain to the public why they were prepared to remove Sager's firm. He argued, via phone, that the previous solicitor has provided the borough with sound legal guidance. Shagg said that if the council president or any of the members had acted illegally, they would have heard from Sager.
Suter appeared skeptical of the mayor's argument. He said he would feel more comfortable sitting next to a solicitor during public meetings who can provide immediate guidance.
Hosterman, who appeared at the meeting, told council that his attendance would be nearly automatic. He said that if he can't attend, one of the 53 other lawyers in his firm would fill in.
"I rarely miss meetings," Hosterman said after the vote.
Suter said he, Member Richard De Angelis and Administrative Manager Lisa M. Hiltz recently interviewed three firms. He said they recommended Hosterman's firm over Siana Law, a Pottstown firm. A third firm withdrew from the process, according to the council president.
Sager had served as the borough's primary solicitor since council's appointment of his firm in January 2020. The firm succeeded Wolf, Baldwin & Associates, P.C., which had worked for the borough since 2012.
Chuck Garner, a lawyer with the firm, had served council regularly for many years. Garner first started attending meetings on an occasional basis in 1988. He served as Pennsburg's primary solicitor since 1994.
In an email received last week, Sager claimed that he never intended to resign, even though some members of Pennsburg council may have gotten that impression. He wrote that he enjoyed being the borough's solicitor and that he was looking forward to continuing in the position.