ATTLEBORO - Mayor Kevin Dumas did not violate the city charter when he appointed a new director of budget and administration, City Solicitor Robert Mangiaratti says in a written opinion.

Council President Frank Cook asked Mangiaratti to issue the opinion last week after freshman Councilor Gerald Chase publicly alleged Dumas violated the city's governing document by naming former Council President Barry LaCasse to the job with a temporary 90-day appointment.

Chase said the hiring was illegal because there was no "emergency" that necessitated an immediate hiring. He said the mayor should have asked the council to confirm LaCasse for a full three-year term and hire him after the confirmation took place.

Mangiaratti, however, said the charter does not require an emergency to make a temporary appointment.

A mayor has virtually no limitation on his or her ability to make a temporary hire. "The only prerequisite for any mayor to make a temporary appointment is that the office must be vacant," Mangiaratti said.

He also said making the appointment does not change the council's ability to reject confirmation.

The council is free to reject the full three-year term and is not restricted because a temporary appointment has been made.

LaCasse, a former eight-year councilor and former president, was expected to be confirmed by the council on Tuesday.

GEORGE W. RHODES can be reached at 508-236-0432 or at grhodes@thesunchronicle.com.