BY DAN VALENTI

PLANET VALENTI NEWS AND COMMENTARY

(FORTRESS OF SOLITUDE, WEDNESDAY AUG. 3, 2016) — Legal dramas have long been standard fare on prime-time TV, from Perry Mason and The Defenders in the late 50s and early 60s to the contemporary Law and Order. You won’t find Raymond Burr again besting William Tallman in the rooms at City Hall, but there is a legal drama under way.

It began on Nov. 11, following Linda Tyer‘s victory over incumbent Dan Bianchi, when assistant city solicitor abruptly Darren Lee resigned. The timing was seen as a political statement. It was also no secret that solicitor Kathy Degnan would be toast upon Tyer’s taking the oath. This left Tyer with a vacancy and a decision: Should she find an in-house solicitor or job out the service?

In late spring, the city sent out a request for proposals (RFP) to provide Pittsfield with legal services. Only two firms responded, interestingly enough, on the same date: June 6. Anyone familiar with the history of Pittsfield since the 1980s probably could have predicted the two competitors. Over that time, two political machines have dominated the mayor’s office, city council, school committee, and most appointments: The Wotjkowski (Brindle, A. Wotjkowski, Hathaway, and Bianchi) and Del Gallo machines (Smith, Reilly, Doyle, Ruberto, and Tyer). This has subjected citizens of Pittsfield to an endless game of political charades, going on 35 with three more years guaranteed.

And it came to pass that two legal firms, both competent and experienced in municipal law, answered the RFP. Both had a good track record in and for Pittsfield. Donovan & O’Connor (D&O) represented the city in the initial battle to keep Spectrum Health Services and its methadone clinic out of downtown Pittsfield. Rich Dohoney won three times in court with in procedural action. Darren Lee, now of Courtney, Lee, & Hamel (CL&H), pushed for the tax title auction, scheduled it, and made it happen, a move that added $2.2 million to “free cash.”

Their submission packages were comprehensive, 34 pages for D&O and 22 pages for CL&H, the difference mainly attributed to the resumes of the respective lawyers in each firm. Let THE PLANET give you the Reader’s Digest version of the two offers:

Donovan & O’Connor: Offered the city representation for a flat fee of $10,000 per month. This fee was later negotiated down to $9,200 a month. Annual contract amount, $110,400.

Courtney, Lee, & Hamel: Offered the city representation for an hourly fee of $165, with the proviso that “All bills for the month will be capped at $7,916.66.” This would cap the maximum outlay for services at $95,000, some $15,405 per year lower than D&O.

 The Lower Bid Was No Go

On July 7, attorney Tom Hamel of CL&H received the following letter from Colleen Hunter-Mullet, Pittsfield’s purchasing agent.

“On behalf of the City of Pittsfield I would like to thank you for submitting your response to our RFP #16-407 for Municipal Legal Services.

“As you know, we received two very strong proposals from local firms. The evaluation committee, although impressed with your years of successful legal experience, has decided to award the contract to Donovan & O’Connor, who has more years of municipal legal experience, both with the City of Pittsfield and other communities.

“If you have any questions, please feel free to call my office, and again, I thank you for taking the time to respond to our request for proposals and look forward to the possibility of working together in the future.”

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The decision and letter raise two important questions:

• Hunter-Mullet claims the selection was based on D&C’s “more years of municipal legal experience.” Is that the case? An examination of CL&H’s application seems to show to the layman glance at least an equivalent expertise. This would lead to another possibility. Was this decision a matter of political spoils? Lee worked for Bianchi. Fat chance he’d work for Tyer. Is that the true explanation? Was the disregard mutually exclusive?
• During a time of fiscal concern, why would the city select the more expensive option, assuming the two firms offer essentially equivalent services? To a neutral observer reviewing the two RFPs, this would seem to have “POLITICS” written all over it. Of course, with that observation must come the Orphic incantation: The surface of the matter usually can’t contain definitiveness.

To determine the answer, THE PLANET has done some interviewing and sleuthing. We asked the two sides to comment on the record, and then we took the needle off the vinyl to get more underneath the story, speaking with backers from each side. In Parts 2 and 3, we present our findings. They provide a unique look inside the labyrinth of city politics. Part 2 present the CL&H side. Part 3 dishes the D&O version. You, our dear friends, shall be the jury.

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“Don’t want Mars. Don’t want pleated suits. No one flies there. No more Army boots.” — Humble Pie, “Sweet, Peace, and Time,” from the Smokin’ album.

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

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