Decision on representation set for Sept. 14

The School Committee is to work until mid-September to decide who will provide its legal representation and has voted unanimously to replace member Jeff Thielman as part of that process. New member Kirsi Allison-Ampe becomes a member of the subcommittee involved after a 6-0 vote Tuesday, June 22. Thielman was away on business.

Responding to a request from YourArlington, committee Chairman Joseph Curro Jr. wrote June 25 that Thielman "acknowledged the appearance of a conflict of interest through his presence on the Legal Services Review Subcommittee and offered his resignation." Thielman, a committee member since 2003, is a school administrator and an attorney.

May 23: Number of options sought as school legal services under review

After committee appointments were announced in April some in the public registered their objection. Among them was Ron Colosi Jr., president of the Arlington Education Association (AEA). He was among those critical of the committee's longtime legal firm, Stoneman Chandler & Miller, its role in the three-year-old Bouris/Coughlin case, and Thielman's connection to that case. Thielman provided YourArlington with documents about an initial investigation of the Ottoson principal and teacher, who were fired in August 2007. Their cases remain in arbitration and are the subject of a federal lawsuit.

The retainer agreement with Stoneman Chandler, the committee's counsel for as many as 40 years, ends June 30, but "given the importance of this decision," Curro wrote, "I requested the opportunity for the subcommittee to work through the summer to complete its research and recommendations." 

During this period, the Boston firm  will continue to represent the committee, but there will be no retainer. "The summer is historically a time of less activity in this area, which minimizes any cost risk," he wrote.

The retainer is a flat annual fee that covers a discrete set of services. Certain services, such as the handling of ongoing arbitrations, do not fall under this and are within the category of "nonretainer legal expenses," Curro wrote.

The unanimous June 22 vote made other changes. Judson Pierce, an attorney, replaces:

• Curro on the negotiation team for the Arlington Administrators Association; and

• Leba Heigham on the negotiations team for Unit C of the Arlington Education Association.

In a June 17 memo to the committee, Curro wrote: "I hope that these changes will provide our newest members with more opportunities to participate in a fuller range of Committee activity and will further address concerns that have been raised about individual appointments.

"Further to subcommittee activity, I request your support of the following motion: Moved that the Legal Services Review Subcommittee is authorized and directed to research legal services arrangements of other school districts, investigate and solicit proposals for such services, and report back to the full School Committee on all findings no later than September 14, 2010; provided that existing legal representation shall continue uninterrupted during this period on a nonretainer basis at current hourly rates.

"I have solicited the assistance of Town Counsel in assisting us with this process, and I am prepared to report further at our Tuesday meeting [June 22]."

Curro chairs with legal-services subcommittee; the other member is Pierce.

Reasons for switch sought

Asked for reasons for these changes beyond providing new members fresh opportunities, Curro wrote June 25:

"When I consulted with members in April regarding their interests, Mr. Pierce had expressed a desire to participate in this area of Committee activity. At the time, it was my intention to maintain consistent teams -- consisting of the Committee officers -- to work with all bargaining units.

"Upon further reflection, I opted to take this opportunity to grant Mr. Pierce's original request. In view of the fact that negotiations with the two units in question have not yet formally begun, this was an opportune time to make the switch.

"During Roundtable at our meeting on Tuesday evening, I presented the [June 17] memo .... My two requested actions were taken by unanimous vote and without further discussion."

The motions read: Mr. Curro had requested the support of the School Committee members on the following changes to the subcommittee and other assignments, as follows:

Ms. Heigham moved that the following changes to subcommittee and other assignments are as follows, Legal Services Review Subcommittee: Dr. Allison-Ampe (replacing Mr. Thielman), AAA Negotiations Team: Mr. Pierce (replacing Mr. Curro), AEA Unit C Negotiations Team: Mr. Pierce (replacing Ms. Heigham), seconded by Mr. Curran.

Voted: 6-0

Ms. Heigham moved that the Legal Services review Subcommittee is authorized and directed to research legal services arrangements of other school districts, investigate and solicit proposals for such services, and report back to the full School Committee on all findings no later than September 14, 2010; provided that existing legal representation shall continue uninterrupted during this period on a non-retainer basis at current hourly rates, seconded by Ms. Starks.

Voted: 6-0

Stoneman Chandler seeks to be retained

Earlier, Stoneman Chandler made its pitch to be retained as legal counsel. Curro provided the committee at its June 8 meeting a June 2 memo from Alan S. Miller, a partner at firm, which says, in part:

"As you are aware, the current annual retainer amount is $45,000, and matters not covered by the retainer are billed at a reduced rate of $190 per hour. You will note from the attached that, during the three year period, services performed under the retainer were substantially more than the amount paid under the retainer. (The current year is only computed through March 2010.) 

"However, in recognition of the fiscal difficulties and the approximately forty year relationship that our firm has enjoyed with the Arlington School Committee, I am proposing a new two-year retainer through June 30, 2012 at the same $45,000 per year rate. The reduced rate of $190 per hour for matters not covered by the retainer would continue; I am also enclosing the statement of what is covered by the retainer, which is the same as in the past." 

Read the full June 2 memo here (PDF) >>

The legal-services subcommittee began meeting in May. Curro said the temporary body is looking at a number of options.

The subcommittee "discussed the breadth of legal services utilized by the district," Curro wrote in an e-mail May 17. Those services include collective bargaining, special education, human resources, and general counsel.

Curro wrote that the subcommittee has requested that Superintendent Kathleen Bodie, working with CFO Diane Johnson and Mark Ryder, special-education director, "expand this list into a more granular inventory of the types of issues for which we utilize counsel, both outside counsel and Town Counsel."

He also wrote that the committee is looking at the possibility of cooperating with others in the LABBB collaborative around special-education counsel. The regional collaborative addresses special-education issues. Participants are Arlington, Lexington, Belmont, Burlington and Bedford.

Legal costs linked to special-education issues represent an expanding issue with significant budget impact.

This story was first published Saturday, June 16.