By James Lomuscio
In a special meeting today, Westport’s Board of Selectmen unanimously recommended that the Board of Education sever its more than 30-year ties with the Hartford law firm Shipman & Goodwin LLP.
Alan Lieberman, managing partner of Shipman & Goodwin, addresses today’s Board of Selectmen meeting. (CLICK TO ENLARGE) Contributed photo
Before doing so, the selectmen asked that the matter be place on a BOE agenda for discussion.
The reason for the severance: a perception of a conflict of interest as firm attorney Tim Hollister, in representing a developer, last spring in an interview publicly disparaged the town as racist regarding the state’s affordable housing law 8-30g.
Another “grave concern to us,” Marpe said, was that on June 4 Hollister applied for a ruling to the state Department of Housing (DOH) claiming that Westport’s moratorium points were incorrect.
Moratorium points, which are good for four years, allow municipalities to work on establishing affordable housing, ”so we could be in better control of affordable housing,” Marpe said.
“We’ve seen that transformation on the Post Road,” he said about the housing complexes that have gone up in the past few years as developers have worked with the Planning & Zoning Commission (P&Z)
Without the moratorium points, a developer could override town zoning regulations if a town does not have 10% of its housing, which Westport, at 4%, does not.
Marpe, who sat on the BOE for eight years and worked with Shipman & Goodwin, said that while the DOH appeal was denied, Hollister launched another suit against the DOH, naming Westport in the suit.
He added the fact that moratorium could be overturned by Hollister’s actions “was the last straw” in his decision to ask the school board cut ties with Shipman & Goodwin.
He said that Shipman & Goodman has earned about $100,000 per year from Westport, “millions over 30 years.”
Hollister represents Summit Saugatuck headed by Felix Charney, who wants to build a 187-unit affordable housing complex on Hiawatha Lane in the town’s Saugatuck section.
His latest application was denied, as were six other housing proposals on the about 6-acre parcel for reasons of fire, traffic and pedestrian safety.
“I believe it is the duty of the Board of Selectmen to make this request,” said Selectwoman Melissa Kane. “I always had some concerns about the relationship. “Yes, I think we’ve reached a boiling point.”
Selectwoman Jennifer Tooker called the request “a very straight forward business decision,” reiterating what Marpe had said earlier about taxpayers picking up the tab for legal bills.
Mark Mathias, school board chairman, said that while his board has seen Marpe’s letter requesting it end its relationship with the law firm, “we as a board have not had an opportunity to discuss this.”
Among those speaking at the meeting was Alan E. Lieberman, managing partner of Shipman & Goodwin.
Calling this a “difficult moment” for the firm, he said Shipman & Goodwin had taken “great pride” representing the Westport Board of Education for 20 to 30 years.
“It is with profound regret that I come here and hear everything that has been stated,” he said.
Referring to an article in the Connecticut Mirror in which attorney Hollister had characterized Westport officials as having “overt racial terms,” Lieberman said: “Let me just simply state our apology for what was stated.”
[The exact quote from Hollister in the article: ““Does anybody say we need to keep blacks and Hispanics out of Westport? No, but they talk about property values, safety and preserving open space — all the things that a town can do to prevent development that would bring up a more economically and racially diverse housing population. They don’t use the overt racial terms, but it’s absolutely clear to everybody in the room that’s what they’re talking about.”]
“It was incorrect. It was undoubtedly deeply hurting and obviously very inflammatory,” Lieberman added.
He said the firm’s managing committee had met with Hollister and later sent a letter of apology to the town.
Lieberman said there was also a second letter making an “unprecedented” pledge not to represent any third party against the town as long as it represented the Board of Education.
Matthew Mandell, a Representative Town Meeting (RTM) member who has protested the Shipman & Goodwin relationship with the town for years, said an RTM sense of the meeting resolution, which merely expresses the opinion of the body, will be heard on Oct 1.
He said it will reflect today’s Board of Selectmen recommendation that Shipman and Goodwin be fired.
