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Thursday, May 24, 2012

Heads or Tails? Call it for a Nickel.

Today's S-T on page 3 discusses the issue of the potential conflict of interest involving Selectman Espindola and the wind turbines, his request for appointment of special town counsel and the the once again tabled request for the same.

I don't care what side you are on in the whole turbine issue, for this particular matter every citizen should be concerned over what is playing out here.  Something needs to be done so that whatever future action taken involving the turbines can be done without "question" of ethical conduct.

It is one of those situations where there are two sides to the coin, but the two sides are both heads, or tails if you prefer.

Seems Mr. Espindola prefers retaining a different attorney to deal with the issue.  Based on the meetings I have seen and what I have read, the primary issue in opposition to such a move is costs.

I can understand to a point Mr. Espindola's concern about being represented on this issue by counsel from the opposing side.  Indeed there are conflict of interest standards beyond those simply involved in those applicable to municipal employees.

I certainly can understand the cost factor.  

A possible solution?  I believe I heard during one of the meetings that a quote had been obtained.  Easy solution, enter into a flat fee agreement, or an upper limit agreement for services to be performed.  You want an opinion, get the quote in writing and then have the board take the vote.  there are some issues that need to be resolved and the fact that special counsels hourly rate may exceed that of retained counsel should not be the determining factor.

This one needs to be resolved.  If Mr. Espindola has done his due diligence on retaining special counsel than a maximum cap on what may be incurred should be a resolution either side can live with.  

Whoever gives the opinion, if done right in order to have strict compliance with the law, the opinion should be forward to the state ethics commission. If the commission has any disagreements with the opinion it will respond.

This is a very limited synopsis of what is done.  I am not going to detail the whole process.  That is not my job, nor the function of this piece.

We as a town need something to happen on this matter.  We need to know if in fact dealing with the existing turbines and the multiple subsidiary issues related to the existing turbines, is going to be dealt with by 2 selectmen or 3.  

For what it is worth, in the end I think we will see Mr. Espindola being excluded from at least some dealings.  The caveat to that is, in the actual end, it still is the ethics commission that has the actual final say.

I think the quote was for four hours.  Be sports, make it a maximum of six, and be done with it.  

Everybody be clear for the record that is the maximum the town will pay and that it is understood by all that is it.  

Get it over with.  

There are times I will in fact jump in the mud to fight over the town's nickel.  This isn't one of them.

Might have some more to say later on today on some other things, but for now, this is my 2 cents worth, adjusted for inflation.

1 comment:

  1. A question has buzzed around my ear for sometime: does the town put the contract for Town Counsel out to bid on any timeframe? We've had the same legal office for 30 years and it has the appearance of a "for life" appointment. Just asking.

    ReplyDelete

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