Reading the minutes : The matter of the Village board hiring attorneys to protect itself from its own mayor

From the minutes of the Brockport Village Board meeting on 03/12/13:

Special Counsel – consider: Aloi – cease agreement, Lunn – request return of
hours pre VB authorization – Mayor Castañeda reminded that in October, the Board terminated the need for Attorney Lunn and requested the refund of unused retainer. After Clerk Morelli recently reminded Attorney Lunn that the unused portion of the $5,000 retainer had not been refunded, he subsequently sent a check for $2,580. Mayor Castañeda said she has previously mentioned it should be of concern that special counsel began work prior to Board authorization. She further stated she has yet to receive an answer to her question as to who initiated special counsel.

→ Mayor Castañeda moved, Trustee Blair seconded, carried 5/0 to have Clerk Morelli contact Attorney Lunn to request refund of the billable hours prior to Board authorization.

Trustee Blackman said she contacted Attorney Lunn’s office and spoke with his secretary and explained the concern. She said she received an email from Attorney Lunn that he was soon meeting with Attorney Aloi and would get back to her. He is aware it is a concern and that the Board would likely be requesting refund of the ~$900.

Trustee Blackman said there was no intent that special counsel would put in billable hours prior to Board authorization. Lawyers talk. It is for them to clear up, not the Board.
Trustee Blair concurred.

Mayor Castañeda said if none of the Village Board solicited Attorney Lunn or gave Attorney Aloi to bring Lunn on, who did?

Trustee Blair suggested Mayor Castañeda have a conversation with Attorney Aloi as the Board had nothing to do with that.

Mayor Castañeda suggested terminating the need for Attorney Aloi. He utilized the entire $5,000 retainer and not been authorized further monies.

→ Mayor Castañeda moved, Trustee Andrews seconded, to terminate the need for Attorney Aloi.

Trustee Blair said Attorney Aloi isn’t doing any work now as he has utilized the retainer. No further money has been allocated. However, the reason for securing his services – why he was retained – is still lingering. He should not be released/terminated until it has been resolved.

Mayor Castañeda said it was stated that Attorney Aloi was hired to counsel the Village Board on certain things since Village Attorney Leni recused himself. She asked what Attorney Aloi did or is doing for the Board.

Trustee Blair said she is well aware of the notices of claim filed by her and partner that have not been resolved.

Mayor Castañeda said the D.A. is handling the prosecution and the Village’s Insurance carrier has assigned an attorney.

Trustee Blair said the insurance may determine it’s not covered.

Call to question: Mayor Castañeda in favor. Trustees opposed.
1/4 – motion fails.