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Will Board Vote Again on Lawyer?

The Bristol County Water Authority will revisit its recent vote to retain its longtime legal counsel, Sandra Matrone Mack.

The Bristol County Water Authority will revisit at its meeting on Wednesday in Warren its vote last month to rehire the same legal counsel it has retained for many years.

Whether the board votes again on legal counsel at its meeting on Jan. 9 will depend on advice it receives from the attorney general’s office, said BCWA board chairman Allan Klepper of Barrington.

The issue of taking a new vote surfaced again because of criticism that the line item on the award of the contract for legal services at the Dec. 20 meeting was not posted properly. A recording of that meeting also indicates that the issue was discussed at a Dec. 18 meeting that was not posted at all.

“I will make a presentation to the board after I talk to the [Rhode Island] attorney general,” said Klepper on Monday. “I don’t know if we’ll vote again or not. It will be up to the board.”

The board voted 5-2 at the Dec. 20 meeting to retain the law firm of Cameron and Mittleman, specifically partner Sandra Mack, who has been the water authority’s legal counsel for about 20 years.

The vote ended a search for legal counsel that had gotten responses to an RFP from seven law firms, five of whom were interviewed at that meeting. Board member Robert Allio of Barrington asked each of them the exact same questions, said Klepper.

The process used by the board for the legal search is the same process used by the board to hire Pamela Marchand, the BCWA’s executive director.

Two longtime Barrington watchdogs of the BCWA, Gary Morse and Jeff Black, both questioned whether the vote came at a meeting where the issue of hiring new legal counsel was properly posted, said Klepper.

The item is listed on tomorrow night's agenda under the heading "Award of Contract – Legal Services." It is the same listing used on agendas for several previous meetings where the board discussed legal services and the process it would use to solicit a law firm to represent the BCWA, Klepper said.

During the agency's Jan. 3 meeting at Warren Town Hall, Morse and Black maintained that the Dec. 20 vote and the Dec. 18 meeting were illegally held and should be held again.

"Every month for the last six months, you've had a notice in your monthly meeting notices 'Legal RFP,' and that's it — but you went ahead with a vote on [Dec. 20] on the same meeting notice, which is a violation of the Open Meetings law," Morse said.

Klepper replied that the board had received advice from another town's attorneys that the meeting and vote were legal.

"To the extent that we're aware, it was a legally advertised meeting," Klepper said. "If there's a problem with that, then the attorney general would have to tell us that — if the board wants to take another action at the next meeting, then the board will take some other action [but] right now, there's no plan to do that."

Black told the board that he "hoped a corner had been turned on all this Open Meetings stuff — I'm really disappointed to see what happened on Dec. 18 and Dec. 20."

When Klepper explained that the Dec. 18 meeting was a "closed session" to interview applicants for the legal bid and thus not advertised, Black responded: "Well, that's illegal — don't you know that?"

"If that's wrong, we'll revisit it," Klepper said.

Morse also told the board last week that he feels the BCWA has been working without a strategic plan since 1993, as required under the state law that established the water district, and blamed the problem on the board's legal counsel.

"That plan actually is late by almost 20 years, and the question is: You have an attorney who is supposed to be guiding you through the legal phases of the Bristol County Water Supply Act — a lot of the problems you've gone through are a direct result of not working under a plan, and that it was just shoot-from-the-hip for most of the years," Morse said. "This was legal advice that you needed to make a plan consistent with the requirements of the act — it almost appears that you've rewarded your legal counsel for incompetence."

The retention of Mack and her law firm as legal counsel also did not sit well with some board members.

Barrington board member Kevin Fitta said he preferred a change in legal counsel because it is good for an organization to sometime make chanes. He also said Mack has been a “lightning rod” for criticism of the BCWA.

Fitta also said Cameron and Mittleman’s rates were 25 to 45 percent higher than other qualified firms. But the firm has a lower cap than other applicants, said Klepper.

Gary Morse January 08, 2013 at 05:45 PM
In January, 2011, BCWA was sent a letter from the RI Water Resources Board reminding BCWA that the statutorily mandated "Plan" was overdue, by 18 years at that point. On the same day, BCWA Chairman John Jannitto sent a letter to the Patch reaffirming - "The BCWA board unanimously supports moving forward with the Shad Pipeline Project and the Child Street Water Treatment Plant upgrade." http://barrington.patch.com/articles/backup-water-supply-critical-to-bristol-county Now rate payers are being told that the "Shad Pipeline Project and the Child Street Water Treatment Plant upgrade" are not in rate payers best interest, in part because the water quality from the Mass reservoirs is of such poor quality. I blame BCWA's lack of a statutorily mandated plan for most of BCWA's prior problems and mismanagement. The key phrase is "statutorily mandated". During this time, BCWA's legal counsel was charging ratepayers $475 per hour for her counsel. BCWA now wants to reward her with a vote of new confidence. Residents should question the board's judgement, or lack thereof, on this important vote. After all, you've been drinking this heavily processed water for decades, when instead, you might have been drinking 100% Scituate Reservoir water,one of the best supplies in the nation, for less cost per gallon.

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