The Westport Board of Education made clear tonight it will not change its attorney although concerns were raised about a potential conflict of interest since he is from the same firm as the attorney representing a developer suing the town over a residential project.
Attorney Chris Smith, representing Redcoast Development, and school board attorney Tom Mooney are both from Hartford-based Shipman and Goodwin. Redcoat Development is appealing the Planning and Zoning Commission’s decision to reject a proposed condominium development, which includes affordable housing, for the Gorham Avenue Historic District.
Mooney said during tonight’s meeting the Connecticut Bar Association ruled 22 years ago that there is no conflict of interest because the Board of Education is a state agency. The question comes up regularly, he said, because the firm has 140 attorneys representing a variety of issues, including 80 school districts in the state, he said.
“This is a land use issue, and it’s unrelated to the work of the school system,” he said. “I represent the Board of Education. I do not represent the town. It’s separate.”
Board Chairwoman Mary Parmelee said she asked if Town Attorney Ira Bloom could ask to have Smith removed from the case since the school board had its attorney first.
Bloom declined the request, she said, because he did not feel there was a conflict of interest.
Additionally, he told her he would lose the motion, she said, and felt he would look foolish in an effort that would waste the court’s time.
School officials have an attorney who literally wrote the book on Connecticut education law, Parmelee said, and she doesn’t know how the board could get someone better.
“It would be a severe setback to shift to a different firm,” she said.
Several residents, including those in the Gorham area, said they believed that the board should hire a different attorney at least during the duration of the case with Redcoat Development.
Dick Lowenstein, RTM District 5, said he believes the ruling from the Connecticut Bar Association is outdated.
The standards for conflict of interest are stricter today, he said, and the public needs more confidence that there is no perceived conflict of interest.
Grayson Braun, of Gorham Avenue, said she believes it is a moral issue, and the school board needs to question if they are doing the right thing.
Matthew Mandell, RTM District 1, said the school board should not let the attorneys decide the issue and examine it as a business decision.
“Your money is going to a firm that is actively working against the town,” he said. “Send the message that they cannot come here and try to harm the town.”
