By Jarret Liotta
The Board of Education (BOE) found a compromise Monday night when it decided to put out a Request for Proposals (RFP) likely in the spring for a new law firm rather than fire Shipman & Goodwin LLP outright.
Westporter Marge Cion, a former Board of Education chair, attorney, and former director of human resources for the Westport Public Schools, who now plays the same role for Darien Public Schools, defends Shipman & Goodwin, LLC, as the best law firm for the students and town in general. (CLICK TO ENLARGE) Jarret Liotta for WestportNow.com
Both the Board of Selectman and Representative Town Meeting (RTM) have publicly asked the BOE to terminate its 27-year relationship with S&G.
The requests followed revelations that the Hartford-based firm — which has been representing a local developer trying to put a stake in the ground in Westport under the 8-30g statute — is now suing the state to try and reverse the town’s four-year moratorium on affordable housing.
“This could have a significant impact on the town,” First Selectman Jim Marpe told the BOE, where he served eight years. He said it should have been common courtesy and decorum for S&G to inform the town about the lawsuit.
Comments in a news article made by S&G attorney Timothy Hollister, who is representing Summit Saugatuck in its quest to build a 187-unit complex on Hiawatha Lane, have also drawn considerable ire.
He implied that attempts to prevent affordable housing developments in Westport were tantamount to veiled racism.
“Quite frankly you can’t un-ring the bell,” Marpe said, indicating that Hollister should have been fired for his comments.
Meanwhile Tom Mooney, a partner with S&G, whom Marpe described as a friend from the time Marpe served as BOE chair, made his case for retaining the firm.
Mooney shared what he said was an “unprecedented” offer on the part of the firm to not take anymore clients in Westport in the area of land use.
It would be an addendum to its current agreement with the town from 2017 that stipulates it will not entertain clients in all other areas that might conflict with its representation of Westport.
Mooney said, however, that given its length of representation with Summit Saugatuck — 10 years — it would not be possible to terminate their agreement “within the ethical canon,” in particular on the Hiawatha Lane project, on which it has worked for three years.
“The comment made by attorney Hollister was wrong and hurtful,” Mooney said, “and our firm has made an unconditional apology,” noting this amounted to the first instance in 27 years in which the firm was called into question on any issue.
S&G attorney Jessica Richman Smith, a Staples High School graduate who now lives in town with her family, said her firm—- and she in particular—- offer Westport Public Schools a uniquely personalized legal representation.
But advocates of firing the firm weren’t swayed. In a veritable who’s who of town officials, several expressed their disappointment that Hollister himself had not publicly apologized.
“We don’t see that partner at meetings like this,” Board of Finance Chairman Brian Stern said, questioning the “sincerity” of the apology.
“I really strongly suggest that this is a time from a public relations standpoint and from a due diligence standpoint,” he said, for the BOE to entertain new proposals from other law firms.
“There are other law firms out there … See if we can get a better one or not,” he said.
For their part, many BOE members were not only hesitant to leave a firm that currently represents more than 100 school districts in Connecticut — and brings sizable resources as a result — but they also believe the timing for changing representation is bad.
“This year has been unbelievably challenging,” said BOE member Neil Phillips, “and I do think we need to finish the work … and not give our central office or administration another in an insurmountable year of challenges.”
He and others cited the search for a new superintendent, which is just starting to get underway, as well as the reconstruction of Coleytown Middle School.
Others defended S&G simply on its quality, making the point that the BOE was charged with making decisions based on what was best for the students.
“The Board of Education did not create this situation,” said Steve Halstead, a former BOE chair who implied the push to get S&G ousted was politically motivated.
“Why should you walk away from this proven relationship?” he said.
Others — including about a dozen RTM members in attendance — spoke harshly against the firm and its actions.
“They’re not the only law firm in the world,” said Andrew Colabella, RTM member from District 4, noting that the news article had brought negative national attention to the town. “We could do much better.”
“We’ve been working incredibly hard for years to have the threshold to meet the moratorium,” said Wendy Batteau, RTM District 8. “S&G sued the state to take away the points that we’d earned.”
“This law firm is not only defaming our town, but it’s creating severe negative impacts to the town,” she said.
“There has been a terrible deterioration in our relationship with them,” said Selectman Melissa Kane.
“I believe the firm has been speaking out of both sides of its mouth (and) to me that is the deterioration of a business relationship,” she said.
“It’s a fair process,” said BOE member Vik Muktavaram, who proposed the motion for an RFP, which was unanimously approved. “It’s an open process … that offers a soft landing for everyone.”
“I think that is a more reasonable request,” said member Candice Savin, versus firing the firm outright. “I’m more open to that as a best practice.”
Superintendent of Schools David Abbey said it would make the most sense to put the RFP out in later March, early April, after budget work is completed and, potentially, after it is known who the next superintendent might be.
“The new superintendent might have experience working with other law firms,” he said.
“I would think the board would want to at least ask and it may be a surprisingly rich resource,” he said.
“I certainly think it’s critical that the law firm (S&G) stays through the year … given all that’s going on,” he said, noting it could be “destructive” otherwise.
