Selectmen’s Meeting Minutes
July 20, 2004
Present: Mark Gallivan, Robert Forte (late), Jesse McSweeney and Rebecca Coletta. (Catherine Kuchinski absent) Also present Executive Assistant Meredith Marini (Executive Secretary Michael Finglas absent).
7:35 p.m. Vice-Chairman Mark Gallivan called the meeting to order. He announced that Chairman Kuchinski was absent due to the death of her father Paul Kuchinski. Mr. Kuchinski served on various town committees. The Board observed a moment of silence for Mr. Kuchinski. Mr. Gallivan read the announcements and upcoming meeting schedule.
Item I Labor Counsel Interviews – Mr. Gallivan explained that the Board would be conducting interviews of five law firms for labor counsel. Several questions would be addressed to each of the firms.
Deutch Williams Brooks DeRenses – Attorney Peter Berry and Attorney Brian Magner were present. Attorney Berry gave an introduction of the firm, highlighted that the firm consists of 30 attorneys specializing in labor law. They serve several cities and towns as labor counsel including Boston, Nantucket and MWRA. Six attorneys would be working for the Town -three partners and three associates.
7:45 p.m. Mr. Forte arrived.
Attorney Berry indicated that he would personally handle all the negotiations and arbitrations. Associates would respond if he was not available. Associates would be assigned research projects. Billing would be broken down by partner or associate. Attorney Berry estimated a routine negotiation would take approximately 40 hours which would include two meetings with the Board, 4 meetings with the union and 1 follow up meeting. He indicated arbitration could take 40 to 50 hours. He has been very successful in arbitration. The firm charges for copies, mailings, phone calls and travel time. All of which will be itemized. There is no charge for clerical staff and paralegals are billed at $85.00 per hour. Attorney Berry indicated he would request a summary of cases from the
current labor counsel during transition. He suggested that current labor counsel finish cases, which are near completion. Mr. McSweeney inquired how he would prepare the Board for negotiations. Attorney Berry indicated he would review the current contracts and arbitrations and make recommendations. He would determine the Board’s goals and put together a proposal for the Board’s approval. Mrs. Coletta inquired how he would handle a small town as opposed to large cities such as Boston. Attorney Berry indicated that he has experience with both large cities and small towns. He is aware of budgetary constraints on municipalities and provides the same service whether the client is big or small.
Collins, Loughran & Peloquin – Attorney Leo Peloquin, Attorney Kevin Feeley and Attorney Phil Collins represented the firm of Collins, Loughran & Peloquin. Attorney Collins gave a brief introduction indicating the firm has six attorneys. They represent several other communities. They will not let the Town be pushed around and will always be prepared to litigate. Attorney Peloquin indicated that the firm has worked for several years with the MMA and has conducted seminars for the MMA. Their current rate is $160.00 per hour but they will honor the fee of $150.00 per hour as set in their response to the RFP. Attorney Peloquin indicated that he and Attorney Feeley will be assigned to Hanson and will handle all the cases. Hanson will always have a partner at the
table or on the phone. Only one attorney will be assigned to a union. Mr. Gallivan inquired about billing. Attorney Collins explained that billing can be broken down as specifically as the Town requests. He pointed out that the firms’ billing practices are extremely careful with respect to public records and confidentiality. Mr. Gallivan inquired as to the percentage of negotiations verse arbitration. Attorney Peloquin estimated the percentage to be 60/40. He explained that he carefully reviews each case and if he feels it would be more beneficial for the Town to settle, he will recommend settlement. Attorney Peloquin indicated with respect to his batting average for arbitrations, he wins more than his share, because he can get a good handle on which cases should be arbitrated or settled. Attorney Feeley pointed out that Attorney Peloquin was being modest and is quite good at arbitration. Regarding transitioning,
Attorney Peloquin recommended the current counsel finish existing cases. The transition would be at no cost to the Town. Attorney Peloquin’s preparation of the Board for negotiations depended on how the Board wished to handle negotiations. If the Board was going to participate in the negotiations, he would meet with them prior to meeting with the union. If the Board was not going to participate, he would keep the Board up to date on the status of negotiations. Billing is calculated on ¼ hour increments and there is no charge for copies or mailing.
Kopelman & Paige – Attorney Richard Bowen and Carolyn Murray represented the firm of Kopelman & Paige. Attorney Bowen indicated that Kopelman & Paige started working in labor laws approximately 15 years ago as it was a natural progression with municipal law. The labor department consists of seven full time labor attorneys. They represent over 100 cities and towns. He introduced Carolyn Murray who was Executive Secretary in Braintree for 7 years. She worked for the lottery for a short period of time. Attorney Bowen would be the Town’s contact and Attorney Murray, Attorney David Jankin and Attorney Darren Kline would be working for the Town. One or two attorneys would be work on each contract to maintain consistency and assurance that someone is always
available to the Town. Kopelman & Paige has a good batting average in arbitration and good success at the Joint Labor Relations Board. Attorney Bowen would meet with current labor counsel at no charge to deal with the transition. He indicated that the Board of Selectmen would set the tone regarding negotiations. Kopelman & Paige can be tough when it comes to arbitration. However, they spend a lot of time on prevention to avoid arbitration. Kopelman & Paige would prepare the Board for negotiations by meeting with the Board and keeping them current during negotiations. They would review previous negotiations and set ground rules for negotiations.
Murphy, Hesse, Toomey & Lehane – Attorneys James Toomey and Joseph Bartulis represented the firm of Murphy, Hesse, Toomey & Lehane. Attorney Toomey informed the Board that the firm consists of 40 attorneys and the firm is located in Quincy. One half of the practice deals in the public sector and one half in the private sector. They represent a large number of communities. They try to resolve issues prior to litigation. Attorney Toomey indicated that the Board of Selectmen is the boss and sets the policies and direction of negotiations. Attorney Bartulis would be the lead attorney for the Town. He is an associate and has been with the firm for 6 ½ years. Attorney Lehane would also be working for the Town. To prepare the Board for negotiations, he
would have several meetings with the Board to discuss hot issues. He expressed the importance of keeping labor relations positive. He would review previous proposals, grievances and settlements. They would set ground rules with the negotiation teams and draft proposals. He would meet with the Board a few times a year to review all the cases. Murphy, Hesse, Toomey & Lehane charges for copies, out of pocket expenses and travel from the office to Town. They would not charge for the transition. He would review all the cases to determine which ones should be handled by the previous counsel. Attorney Toomey indicated that all the contracts should have a management rights clause. He indicated he would evaluate matters regarding arbitration and determine whether the case was worth pursuing.
Donovan Hatem – Attorneys David Thomas and Sarah Walley represented Donovan Hatem. Attorney Walley is a senior associate and has been with the firm for 8 years and specializes in labor law. Attorney Thomas will be lead counsel and will handle the negotiations, but he will have a team behind him. Attorney Thomas indicated that he would utilize staff for research.
Donovan Hatem currently charges $300.00 per hour, but will charge the Town $150.00. They charge for copies, mailing and overhead but do not mark up the costs. Mileage is charged at the federal rate. Paralegal are charged out at $75.00 - $125 per hour. Attorney Thomas will not charge for travel time, but other staff will charge at ½ time. Attorney Thomas gave the Board a brief history on his experience. He indicated that he has worked well with Kopelman & Paige and has known Rich Bowen personally and professionally. Attorney Thomas indicated that a well written contract reduces the need for arbitration. He stressed good communication and management. In the event of arbitration, he is always well prepared. He will keep the Board up to date on the status of cases every
two months. Updates on litigation would be as needed. With respect to the transition between counsel, Attorney Thomas would meet with current counsel and the Board to discuss the current cases. Any outstanding cases should be completed by current labor counsel. He would file notices of appearances when necessary. Donovan Hatem would provide training on various labor matters free of charge. They would also review the Town’s policies and handbook and make recommendations.
Vice-Chairman Gallivan thanked all the candidates after their presentations and informed them that the Board would review the information and make a decision within the next two meetings.
Financial Warrants –
MOTION by McSweeney, second by Forte to sign the FY04 Expense warrants 56, 56B & 56C and FY05 Expense warrants 4 and 4A and payroll warrant 4. Voted 4 – 0
MOTION by Forte, second by McSweeney to adjourn. Voted 4 – 0
9:55 p.m. Meeting adjourned.
| 
