Appeals Board Votes To Keep Present Legal Counsel

by William F. Galvin

            HARWICH – The appeals board has backed away from its previous unanimous vote to request new legal counsel after meeting with two attorneys from Kopelman and Paige, P.C. last Wednesday. Instead the committee will be looking for better communication between the town and its counsel.

            As part of that agreement, Town Planner Susan Leven has requested she be left out of the loop when requesting legal opinions from counsel. She requested the board go directly through Town Administrator James Merriam to obtain legal opinions.

            In June the board voted to change counsel either to someone inside the present firm or an outside counsel. That request was based on two opinions issued by the present counsel with which the board was dissatisfied.

            Last month the board agreed to defer any action until they could meet with representatives of the legal firm. It was agreed that session would take place at its August meeting, and the board’s liaison Selectman Angelo LaMantia even suggested other boards be invited to participate in the discussion.

            At the onset of last Wednesday’s meeting, the appeals board went into executive session, citing the reason as pending litigation. Appeals Board Chairman Richard Flink said in an e-mail that discussion was “about litigation and the attorney/client privilege.”

The board met with attorneys John W. Giorgio and Ilana M. Quirk. LaMantia and Town Administrator James Merriam were also in attendance.

            Flink also said in an e-mail to The Chronicle the board at the end of its meeting and prior to adjournment had a discussion of its previous decision “with regard to town counsel and voted to continue its relationship with Kopelman and Paige and meet with them to work out how to better its communication with the law firm.”

            The town’s legal counsel, Giorgio, even sent a e-mail to The Chronicle announcing that at the end of its meeting in open session the appeals board voted to continue with its relationship with Kopelman and Paige. “Accordingly, this firm will continue to represent the board of appeals in connection with ongoing legal matters.”

            What is not clear is when the board had a discussion over the professional competency of town counsel.           

             At the opening of the discussion held in open session Flink said to the board, “You’ve heard from Giorgio and Quirk.” The question is should the board try to work with Kopelman and Paige and withdraw the request to the selectmen, Flink said.

            Members agreed there is a need to insist on better communication and there should be a line of communication between the board and counsel. Leven said at that point she recommended to the town administrator that she be taken out of the loop and requests for legal opinions go through Merriam.

            Appeals board member Jack Brown said there is a need to keep counsel on “a short leash.” Flink said he would discuss with Merriam and LaMantia the need for better communication.   

9/4/08