“A Recipe for Disaster” — Boucher Seeks to Dissuade BOF from Ever Seeking Its Own Legal Counsel

One member’s research found that, while it may not be customary in other local municipalities, the Board of Finance can theoretically seek its own counsel beyond that of the town. But getting it accomplished under the Town Charter‘s rules may be difficult, setting up a clash with Wilton’s first selectman.

Recent events inspired some BOF members to raise the question, in particular opinions that came down from Ira Bloom, the longtime town counsel and senior partner with Berchem Moses PC, based in Westport. Following some controversy relating to the BOF’s ability to disseminate email communications within the town, as well as the board’s interest in having a member sit on the Wilton Library’s Board of Trustees, the financiers indicated they could potentially desire second opinions on some issues moving forward.

However, BOF member Tim Birch, who Chair Matt Raimondi asked to explore the question, reported back to the board on Tuesday (Jan. 14) that approval for independent counsel would ultimately have to come from the Board of Selectmen.

“There is nothing specific within the Town Charter that limits the Board of Finance’s ability to engage counsel,” Birch said. “There’s nothing limiting it nor is there anything that specifically provides for it.”

“However, if you do engage counsel, that would require a signed engagement letter with a legal counsel and the Board of Selectmen is the only party that’s permitted to execute a contract agreement or other instrument on behalf of the town,” said Birch, who works as an attorney.

First Selectman Toni Boucher, who sat in on the BOF meeting Tuesday, went on the defensive when the matter was first mentioned last month. In the process of polling other municipalities about whether or not they allowed boards of finance or elected bodies to disseminate communications to the public via the town, she also inquired of municipal leaders whether elected boards could or should engage their own counsel.

“This topic did catch my attention when it was brought up, so I did a little research on my own,” she said, noting her outreach.

“Not a one of them ever employed an additional attorney other than the town attorney,” she said, calling it highly unusual based on past practices.

Boucher cited the Request for Proposal (RFP) that was sent out by the previous administration to hire the current counsel, noting it specified that the “principal contact” with the town would be the first selectman’s office.

Under the scope of legal services that the RFP outlines, which Boucher quoted aloud to the BOF, the legal counsel who was contracted would be involved in all aspects of the town operations, including working with elected boards and commissions. However, it did not say the BOF or other elected bodies were prohibited from asking for a different attorney.

“What I’m saying is not contrary to what you just read,” Birch said. “What I’m saying is there’s nothing within the formation ordinances of the town that prohibits the Board of Finance to attempt to get alternative counsel.”

Boucher also made a point of emphasizing the authority of her office on the matter.

“When there is a gap or vacuum in the charter, it’s really up to the administration to get that interpretation for us going forward,” she said.

Raimondi disagreed.

“Well, I think there’s questions to be had there,” he said.

“I don’t like spending money that I don’t think we have to spend,” he said, noting that a second counsel in town feels like it could be superfluous.

“But what I would say is there have been certain times when disagreements have come up between the two boards,” he said.

Boucher, however, citing other town leaders, called the inclusion of a second counsel “a recipe for disaster.”

“It creates chaos (and) strife,” she said. 

She said they needed to avoid situations where groups that were in disagreement with one decision might try to find another attorney that would agree with them.

“You have to go by the law,” she said, “and not find someone who would circumvent the law just to appease the client.”

BOF member Sandra Arkell responded that it wasn’t necessarily about circumventing the law but seeking a second opinion.

“I think it’s about fully understanding an interpretation of the law and is there an alternative viewpoint,” she said.

Raimondi added that, even though things have always been done a certain way, that doesn’t mean a change would not be beneficial.

“I would say that because other towns don’t do it … sometimes new things are good things and they help,” he said.