HomeMy WebLinkAbout2014-06-10 Board of Selectmen Handout - Part 4DwDEUTSCH IWILLIAMS
Paul R. DeRensis, Esq.
pderensis @dwboston.com
May 6, 2014
VIA FEDEX
Robert W. LeLacheur, Jr., CFA
Town of Reading
16 Lowell Street
Reading, MA 01867
One Design Center Place
Suite 600
Boston, MA 02210
(617) 951 -2300
(617) 951 -2323 fax
RE: Proposal for Town Counsel Services, Town of Reading
Dear Town Manager LeLacheur:
Pursuant to the Town of Reading's Invitation for Bids (IFB) for Town Counsel Services,
we are herewith submitting our formal proposal for the position of Reading Town Counsel to
provide the community with the means for positive change and successful growth.
Let me introduce myself. I am a well seasoned successful municipal lawyer, excellent at
municipal law and common sense. Here is why:
• I and the firm currently serve as Town Counsel to the Towns of Cohasset (18 years), Canton (11
years), Wilmington (11 years), Mansfield (4 years), Templeton (2 years), and as special counsel
and labor counsel to numerous other municipalities and local and regional school committees on
specific legal issues. In addition, we served as Town Counsel for Nantucket for 24 years (1986-
2010), Randolph for 20 years (1990- 2010), Foxborough for 4 years (2008 -2012) and Carlisle for
15 years (1998 -2013) and we continue to provide legal services to those communities.
• I was named a New England Super Lawyer in Boston Magazine, November 2013 in
Government/Cities/Municipalities category, among a group of only ten lawyers in the entire
six -state New England Region so recognized. This is the ninth time I have been awarded this
recognition as a Super Laws.
• I have been on both sides of the table, both as a selectman - because I am a six term elected
selectman — and as town counsel. I have served as President of the Massachusetts
Selectmen's Association where I represented all the selectmen across the state, and am
currently continuing as an Executive Committee member of that Association. I am serving a
sixth term as an advisor to the Governor and his administration on local affairs as a member
appointed by the Governor of the state's Local Government Advisory Committee. I am now
DEUTSCH ( WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at law
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DwDEUTSCHIWILLIAMS
May 6, 2014
Page 2
and have been for the past six years a member of the Massachusetts Municipal Association
Board of Directors. I
Accordingly, I and the firm can bring to the Town of Reading the highest level of
expertise with all of the problems facing a municipality in the Commonwealth of Massachusetts
and, equally important, a sense of hands -on practicality in solving problems.
In addition to the submission of this proposal, we request an opportunity to meet with you
to discuss these issues and to show you that Deutsch Williams is the best choice to lead you into
the future.
PRD:ham
Enclosures
eutsch Williams
The Governor recently appointed me to serve as "Public Member" on the State Board that
regulates the medical profession in the Commonwealth.
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PROPOSAL OF DEUTSCH WILLIAMS
TOWN COUNSEL SERVICES
FOR THE TOWN OF READING
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TABLE OF CONTENTS
Name/Location of Firm ..................................................................... ............................... 1 -2
1. Town Counsel ............................................................................... ...............................
2 -7
2. Resumes ............................................................................................. ..............................7
3. Minimum Bar Requirements .............................................................. ..............................7
4. Massachusetts Municipalities ....................................................... ...............................
7 -8
5. Municipal Law Experience ......................................................... ...............................
8 -13
6. Accessibility and Accountability ..................................................... .............................13
7. Back -up Requirements ...................................................................... .............................13
8. Team Approach ......................................................................... ...............................
13 -14
9. Litigation ........................................................................................... .............................14
10. Contracts ......................................................................................... .............................14
11. Regular Updates .............................................................................. .............................14
12. Training ................................................................................... ...............................
14 -15
13. Transition Suggestions .................................................................... .............................15
14. Board of Bar Overseers Complaints ............................................... .............................15
15. Conflict of Interest .......................................................................... .............................15
16. Municipal Litigation ............................................................... ...............................
15 -16
Resumes........................................................................... ...............................
Attachment A
Fees and Expenses Response Sheet ................................. ...............................
Attachment B
Municipal Law Experience Checklist .............................. ...............................
Attachment C
Statement of Litigation Experience ................................. ...............................
Attachment D
Municipal Labor Client List ............................................. ...............................
Attachment E
Landmark Cases ........................................... ............................... .....................Attachment
F
Newsletters....................................................................... ...............................
Attachment G
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PROPOSAL
TOWN COUNSEL SERVICES
FOR THE TOWN OF READING
Name:
Paul R. DeRensis
BBO #:
121000
Name of Firm:
Deutsch Williams Brooks DeRensis & Holland, P. C.
Street Address:
One Design Center Place, Suite 600
City, State, Zip:
Boston, MA 02210
Telephone:
(617) 951 -2300
Fax Number:
(617) 951 -2323
Email:
pderensis(a)dwboston.com
Website:
www.dwboston.com
Introduction:
THE FIRM: Deutsch Williams Brooks DeRensis & Holland, P.C. ( "Deutsch Williams ") has the
capacity to provide a full range of municipal legal services which include land use, labor,
litigation and tax title services. Here at Deutsch Williams we recognize that each community has
its own set of unique issues and one general answer does not fit all communities.
We fill the gap between the large municipal law firm and the small local practitioner and we do
not take the cookie -cutter approach. We vigorously represent our clients with a staff of thirty
three full -time employees, including seven shareholders, eight non - equity principals, six
associates and two full -time paralegals. We are unlike other large firms practicing municipal law
in that we avoid legal "mass- production" and instead provide personal attention and personal
commitment to the community inexpensively.
In sharp contrast to the limited resources of the individual practitioner or small firm, all of the
attorneys here at Deutsch Williams have a wide variety of expertise, and each of those counsel is
familiar with the full range of legal problems that a town may face. Consequently, we can
handle problems running the full gamut of municipal issues from procurement, litigation, ethics,
financial concerns, environmental, eminent domain, land use and real estate matters. Many
municipal problems span several different areas of the law, requiring input from practitioners in
those different areas who work as a team to effectively resolve issues and problems, with an eye
toward conservation of your time, energy and expense.
Ours is a well respected practice with an excellent Martindale Hubbell rating and we are on the
cutting edge of municipal practice for a number of practice areas, including the renewable energy
(solar power, wind power, green community), Quinn bill issues, historic preservation,
community preservation, sewer districting and wastewater utilities. We at Deutsch Williams
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have expertise beyond that of the usual town counsel areas of municipal practice. Unlike a
typical municipal law firm, we here at Deutsch Williams are particularly sensitive to the types of
legal issues not commonly found in either municipal law firms or individual practitioners —we
have authored revisions to a Historic District Act and are fully familiar with the court decisions
in Massachusetts and nationwide dealing with Historic Preservation. We are at the cutting edge
of land preservation issues, including Land Bank issues (having written many of the provisions
of one of the Commonwealth's Land Bank Acts), Community Preservation Act issues,
conservation restrictions, zoning and land use issues, public charitable trusts, and other land use
and preservation issues. We have unparalleled knowledge and experience in the areas of
alternative energy. We also have a significant labor law practice department.
We represent manypublic sector clients, including school committees, towns, and cities, in
labor, employment and school law matters. We negotiate collective bargaining agreements with
teachers, paraprofessionals, librarians, clerical workers, school traffic supervisors, custodians,
public works personnel, and public safety personnel and have used both traditional and interest -
based bargaining techniques in negotiations with unions.
We have an established positive relationship with many Public Entity Insurers and we represent
insurers of public entities.
We have $5,000,000 professional liability insurance provided by Westport Insurance
Corporation, together with statutory workers compensation.
As our decades of experience have shown, we are committed to public service. We care about
the quality and integrity of government and come to any assignment with a dedication to serve
you and with a personal commitment and enthusiasm for our work.
1. Please identify by name (and BBO #, address and phone number if different than above)
the proposed Town Counsel, and, if applicable, lead counsel as well as members of a
team, and each proposed back -up counsel.
Deutsch Williams Brooks DeRensis & Holland would supply personal attention from a
senior team of experienced attorneys (all in good standing with the Federal and State Bar for
the Commonwealth of Massachusetts), backed up with associates and paralegals. Please see
Attachment A for our attorney resumes. Primary contact for municipal law advice would be
Paul R. DeRensis, who would be designated Town Counsel. Other attorneys specializing in
various aspects of law, such as litigation (supervised by Attorney Steven J. Brooks), real
estate (supervised by Attorney Valerie Swett), or labor (supervised by Attorney Brian
Magner) would be utilized and a brief statement of their credentials and qualifications is as
follows:
Paul R. DeRensis (BBO# 12 1000) is one of the founders of Deutsch Williams and a graduate
of Harvard College and Harvard Law School; he has been a member of the Bar of the State
of New York and of the Commonwealth of Massachusetts. Attorney DeRensis has been
admitted to practice in numerous federal courts, including the Supreme Court of the United
States, the United States Court of Appeals for the First Circuit, the United States Court of
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Appeals for the Second Circuit, and several United States District Courts. In addition to his
legal perspective, Attorney DeRensis has practical hands -on experience with the problems
faced by a municipality as he has served in municipal government as an appointed official, as
an elected member of a Town Planning Board and as an elected member of a Board of
Selectmen for six terms. Attorney DeRensis was named a New England Super Lawyer in
Boston Magazine, November 2013 in Government/Cities/Municipalities category, among a
group of only ten lawyers in the entire six -state New England Region so recognized. This is
the ninth time he has been so recognized. Attorney DeRensis is backed up by Rodney
Hoffman, BBO# 542573 (for contracts and procurement and energy), John Richard
Hucksam, Jr., BBO# 546519 (for energy, zoning and land use), John Foskett, BBO# 175540
(employment litigation), Daniel Deutsch, BBO #551744 (environmental issues), Louis Ross,
BBO #641120 (land & tax title issues) and Kimberly M. Saillant BBO# 548775 (for
litigation), as well as by the attorneys listed below.
Steven J. Brooks (BBO# 059140) is one of the founders of Deutsch Williams and a graduate
of the State University of New York - Harper College and the Boston University School of
Law and is a member of the Bar of the State of New York and of the Commonwealth of
Massachusetts. He has been admitted to practice before numerous federal courts, including
the United States Supreme Court, United States Tax Court, United States Courts of Appeals
for the First, Second and Third Circuits, and numerous United States District Courts. Prior to
joining DWBD &H, Attorney Brooks was an Assistant District Attorney for New York
County and an Assistant United States Attorney for the Districts of New Jersey and
Massachusetts. A more detailed copy of his resume is enclosed. Attorney Brooks is backed
up by litigation attorneys Robert Hillman (BBO# 552637), John Foskett (BBO# 175540),
Daniel Deutsch (BBO# 551744), Kimberly M. Saillant (BBO# 548775), Jan M. Gould
(BBO# 651536) and Sandy A. Curko (BBO# 641389).
Valerie Swett (BBO# 490480) is the head of our real estate department. She has over 20
years experience and she is a member of the Bar of the State of Illinois and of the
Commonwealth of Massachusetts. A more detailed copy of her resume is enclosed.
Attorney Swett is backed up by Attorney Louis Ross who specializes in real estate matters.
John Foskett (BBO# 175540) is a Principal in the litigation and labor departments of Deutsch
Williams. He has extensive experience in the federal and Massachusetts trial and appellate
courts, the Massachusetts Commission Against Discrimination, and the Massachusetts Labor
Relations Commission. Attorney Foskett's practice concentrates in all types of employment -
related matters, primarily representing employers. He has handled matters involving
discrimination claims (race, gender, age, handicap, religion); civil rights claims (including
speech, privacy, and procedural due process, as well as the foregoing discrimination
categories); ERISA discrimination claims; claims under state wage payment and overtime
statutes; federal Fair Labor Standards Act claims; state unemployment compensation claims;
wrongful termination claims; breach of contract claims; severance claims, breach of fiduciary
duty claims; employee privacy and computer access claims; "whistle- blowing" claims;
claims of unfair labor practices; non - competition/non - disclosure covenant claims; trade
secrets and proprietary/confidential business information claims; and judicial review of
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arbitration awards. The employers which Attorney Foskett has represented in these matters
include large and small for -profit corporations, educational institutions, municipalities, state
agencies and authorities, and non -profit corporations. In addition to this practice, Attorney
Foskett also specializes in handling appeals which involve all types of civil cases. He has
obtained a number of significant reported decisions in the Massachusetts Supreme Judicial
Court, the Massachusetts Appeals Court, and the United States Court of Appeals for the First
Circuit.
Kimberly M. Saillant (BBO# 548775) is a Principal specializing in litigation for over twenty
five years, successfully representing clients throughout the Commonwealth on a wide variety
of matters, in both state and federal courts, with a concentration in all phases of land use
issues, including governmental defense, environmental issues, eminent domain proceedings,
municipal board and department defense and administrative advise, civil rights claims and
real property claims. Attorney Saillant is an accomplished and well respected trial attorney
with a history of decades of successful resolution of hundreds of land use disputes, with an
eye to resource conservation and proven public interest results. Prior to becoming a
principal, Ms. Saillant was an Associate at the firm from 1997 through 2002 and she was
Assistant Corporation Counsel to the City of Boston, from 1993 through 1997, concentrating
in high profile, complex multi -party civil rights and associated tort litigation from initial
pleadings through trial, post trial, and appellate proceedings. From 1986 to 1993 Attorney
Saillant was an Associate at the large defense firm of Morrison, Mahoney & Miller where
she specialized in litigation representing governmental entities and their employees for
alleged violations of state and federal constitutional rights and the Massachusetts Tort Claims
Act in both federal and state courts, during which, in addition to successfully conducting
several Federal and State Superior Court trials as lead counsel, she effectively researched,
drafted, and argued over 60 dispositive motions and supporting memoranda on complicated
state and federal constitutional issues and related tort claims as well as briefed and argued
appellate court cases in the United States Court of Appeals for the First Circuit.
Rodney G Hoffinan (BBO# 542573) is a Principal in the Business Law and Municipal Law
Departments of the firm. Attorney Hoffman has over twenty years experience in the practice
of business and corporate law and has represented municipalities and other government
entities in procurement and contracting matters since joining Deutsch Williams in 1986.
Attorney Hoffman represents clients in a wide variety of business matters including
organizational matters, acquisitions and financing and also counsels municipal clients on
various matters related to contracting and the Massachusetts public procurement statutes and
renewable energy. Attorney Hoffman is a graduate of the University of Pittsburgh and
Harvard Law School.
Robert D. Hillman (BBO# 552637) is a Principal of the firm, practicing primarily in the
litigation department. Attorney Hillman represents clients in a broad range of matters,
including commercial and contract disputes, disputes involving shareholders in closely -held
enterprises, securities compliance and SEC investigations, environmental issues, Cable TV
matters and the defense of tort liability claims. Mr. Hillman also represents clients in
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employment matters ranging from executive compensation and noncompetition covenants to
the defense of employment discrimination, whistle- blowing and wage - related claims.
John Richard Hucksam (BBO# 546519) is a Principal in the Municipal Department. He has
over twenty -six years of land use, litigation and municipal law experience. Attorney
Hucksam has represented and advised municipal officials including mayors, city councils,
boards of selectmen, town managers, building officials, conservation commissions, planning
boards and zoning boards on a wide range of municipal law issues including comprehensive
permits pursuant to MGL Chapter 40B, telecommunications towers, large scale solar energy
facilities and wind turbines. Attorney Hucksam has represented private and municipal clients
in litigation in the Land Court and Superior Court and has argued appeals involving land use
permits and other municipal law issues before the Massachusetts Appeals Court. He also has
represented clients in adjudicatory hearings before the Massachusetts Department of
Environmental Protection and in appeals before the Massachusetts Appellate Tax Board,
where he preserved over $500,000 of property tax income for a municipality in an appeal
involving land contaminated with hazardous materials. He is a is a former Chairman of the
Norwood Conservation Commission.
Daniel R. Deutsch (BBO# 551744) has been a Principal at Deutsch Williams since 1996,
with over twenty -three years of experience preparing and trying complex civil and white -
collar criminal cases in the state and federal courts of Massachusetts and New Hampshire.
He also has argued extensively before the Massachusetts Appeals Court and the First Circuit
Court of Appeals in a wide variety of matters, including civil and criminal cases of first
impression. Attorney Deutsch concentrates his practice in the prevention, management and
litigation of commercial, insurance coverage, employment termination and discrimination,
shareholder, land use, and environmental disputes (including contamination cost recovery
and wetland matters). In addition, Attorney Deutsch regularly counsels individual and
corporate clients on insurance coverage matters, including commercial general liability,
fidelity, fiduciary, directors and officers liability, automobile, and casualty coverages.
Before becoming a principal of the firm, Attorney Deutsch was associated with the firm from
1988 to 1996, clerked with the Office of the United States Attorney for the District of
Massachusetts, and practiced law in southern New Hampshire. He holds a Bachelor's
Degree, with distinction, from Cornell University and a J.D. from Boston University.
Brian Magner (BBO# 645320) is a Principal in the Labor and Employment Law Department
who advises private and public sector clients on a variety of labor and employment issues,
including collective bargaining, labor relations, discipline and discharge, layoffs and
demotions, FMLA, FLSA, Title VII, ADA, ADEA, CORI, discrimination, unemployment
benefits, severance and release agreements, the Education Reform Act, school committee
policy, and student discipline. Attorney Magner also has experience representing clients in
labor and employment matters before the Massachusetts Appeals Court, the Massachusetts
Superior Court, the Massachusetts District Court, the Massachusetts Division of Labor
Relations, the Civil Service Commission, the American Arbitration Association, and the
Division of Unemployment Assistance. Attorney Magner regularly conducts training
seminars for employers on discrimination and harassment avoidance. Attorney Magner is
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admitted to practice law in Massachusetts and is a member of the Massachusetts Bar
Association, and the Massachusetts Council of School Attorneys. Attorney Magner is a
graduate of Boston College Law School and the College of the Holy Cross.
Louis M. Ross (BBO# 641120) is a Principal in the Municipal Department. He is a 1994
graduate of Dartmouth College and a 1998 graduate of Boston University School of Law. He
has over 12 years of experience in real estate and land use law for both the public and the
private sector, including representation of numerous towns and counties in eminent domain
matters, road layouts, real estate tax assessment and takings, land sales and acquisitions,
conservation restrictions, community preservation, and municipal harbor plans. Attorney
Ross also has far - reaching experience in other land use and regulatory matters including
subdivision control, zoning, permitting, wetlands and waterways matters, environmental law
(such as MEPA and protection of the environment under G.L. c. 21E, the Massachusetts
Contingency Plan and the Natural Heritage Endangered Species Program), smart- growth
projects, utility matters, dam safety matters, the construction of municipal and regional water,
wastewater and waste disposal systems and affordable housing (such as G.L. c. 40B, LIP
Regulatory Agreements and affordable housing trusts). He has also represented
municipalities at town meetings and local boards and private parties at public hearings and
meetings and he has drafted numerous legal opinions, petitions to the General Court,
municipal regulations, permitting decisions and town meeting warrants and motions. Lou
has been a member of the Bar of the Commonwealth of Massachusetts since 1998.
Jan M. Gould (BBO# 651536) is a 1998 graduate of Dickinson College and a 2001 graduate
of Boston University School of Law. Her practice concentrates on litigation, primarily in the
context of business, municipal, and employment matters. Attorney Gould has extensive
litigation experience, including depositions, hearings, arbitrations, and trials in the state
District, Superior, and Federal Courts. She also has significant experience representing a
variety of clients before various state agencies and governmental bodies including the Joint
Labor Management Committee, the Joint Resolution Committee, the Housing Appeals
Committee, the Division of Labor Relations, the Massachusetts Commissions Against
Discrimination, and the State Ethics Commission. Ms. Gould has represented a broad range
of clients, including individuals, municipalities, school districts, local businesses, general
contractors, developers, hotels, insurance companies, and various other multi - national
corporations. Attorney Gould has been admitted to the Massachusetts Bar since January
2002, and to the Federal District Court for the District of Massachusetts since 2003. She was
named a Super Lawyer Rising Star in 2006, 2007, 2009, and 2010 and is a member of the
Massachusetts Bar Association. In addition to handling litigation issues, Jan has counseled
clients in the areas of risk management and insurance coverage.
Sandy A. Curko (BBO# 641389) is a graduate of Boston University and a graduate from
Suffolk University Law School. Attorney Curko's practice specializes in civil litigation. Her
practice focuses on the areas of commercial and business litigation, labor and employment,
school law and municipal law. She has significant experience in breach of contract cases, as
well as other matters arising out of contractual disputes and interpretation. Ms. Curko also
advises clients on a broad range of labor and employment issues, ranging from discrimination
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claims to policy development issues. Additionally, she advises schools on various topics,
including student discipline, employment applications and handbooks, and special education
issues. Over the years, Ms. Curko has successfully represented a wide variety of clients,
including individuals, municipalities, school districts, retail establishments, businesses of all
sizes and international corporations. She has represented her individual, municipal and
corporate clients through all phases of litigation and trial.
James T. Hargrove (BBO# 550975) is a graduate of Loyola University in Chicago and a
graduate from Suffolk University Law School. Attorney Hargrove's practice specializes in
insurance coverage litigation, including personal and commercial property, personal and
commercial liability, environmental liability, directors' and officers' liability, errors and
omissions liability, fidelity and surety, and inland and ocean marine. In addition to his trial
work, Jim has consulted with insurers and insureds regarding the drafting and interpretation
of insurance policies and alternative methods of managing risks.
Nicholas J. Dominello (BBO #685637) is an Associate and his practice concentrates on labor
and employment law since 2012. He currently performs labor and employment work for the
towns of Arlington, Brookline, Canton, Cohasset and Templeton and the cities of Taunton
and Fitchburg. Nick has helped represent employers at the Joint Labor Management
Committee and before the American Arbitration Association.
2. Please attach resumes or curriculum vitae for each attorney identified above.
We have done so for each of the attorneys named above, as contained within the attached
Attachment A.
3. Do each of the attorneys identified above meet the minimum bar admission
requirements of the RFP? If other than "yes", please explain.
Yes, they do.
4. With respect to each attorney identified, please list each and every Massachusetts
municipality represented by the attorney within the past ten years, the years of such
representation, and the name, address and phone number of at least one contact person
in each municipality with knowledge of the attorney's representation.
Town of Randolph, 41 South Main Street, Randolph, MA 02368, Councilor, James Burgess,
781- 885 -0131, ifburgess@randolph- ma.gov (Special Counsel, 1981 to 1989; Town Counsel,
1990 -2010; Outside Town Counsel, 2010 to present)
Town of Cohasset, 41 Highland Avenue, Cohasset, MA 02025, Selectman Chairman
Frederick R. Koed, 617- 710 -7512, fred.koed(u gmail.com (Town Counsel, 1996 to present)
Town of Canton, Memorial Hall, 801 Washington Street, Canton, MA 02021, Town
Administrator William Friel, 781- 821 -5000, bfriel @town.canton.ma.us (Town Counsel, 2003
to present)
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Town of Wilmington, 121 Glenn Road, Wilmington, MA 01887, Selectman Chairman
Michael McCoy, 978 - 657 -5495, artistDMCCa,aol.com (Town Counsel, 2003 to present)
Town of Halifax, 499 Plymouth Street, Halifax, MA 02338, Executive Secretary, Charles
Seelig, 781 - 294 -1316, cseeligQ4own.halifax.ma.us (Land Use Counsel, 1998 to present)
Town of Mansfield, 6 Park Row, Mansfield, MA 02048, Town Manager William Ross, 508-
261- 7370, wross @mansfieldma.com (Town Counsel, 2010 to present)
Nantucket Islands Land Bank, 22 Broad Street, Nantucket, MA 02554, Director Eric
Savetsky, 508- 228 - 7240, director nantucketlandbank.org (General Counsel, 1986 to
present)
Town of Carlisle, 66 Westford Streetm Carlisle, MA 01741, Selectman Douglas A.G.
Stevenson, 978) 635 -9700, dags66(c1comcast.net (Town Counsel, 1998 to 2013)
Town of Templeton, P.O. Box 250, Templeton, MA 01468, Selectwoman Julie Farrell, (978)
939 -8801, j farrellCa,hotmail.com (Town Counsel, 2012 to present)
Please see Attachment E for a full list of our municipal labor clients
5. Please describe each identified attorney's experience in municipal law.
General Municipal Law
We understand the difficulties and challenges elected public officials face as they fulfill their
offices and endeavor to represent their constituencies in light of various demands for public
resources in a time of fiscal constraint. We have served various town government officials
for many decades and have advised many such elected officials over these changing times.
The attorney whose concentration focuses on this area of the law is Paul DeRensis.
Municipal Finance
We have for decades advised our clients about the procedures applicable to municipal
finance, including the application of Proposition Two and V2 so called, issues related to
appropriations, transfers of funds, handling of trust funds, health insurance issues and the
like. The attorney whose concentration focuses on this area of the law is Paul DeRensis.
Town bylaws and regulations
We have drafted every conceivable type of municipal by -law, regulation and legislation,
including without limitation general by -laws, zoning by -laws, affordable housing by -laws,
community preservation by -laws, expedited permitting by -laws, parking by -laws, site plan
review by -laws, animal control by -laws, sewer district by -laws, storm water by -laws,
comprehensive permit regulations, parking regulations, septic system regulations, special
permit regulations, subdivision regulations, wetlands by -laws and regulations, sewer
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connection by -laws and translation. The attorneys whose concentration focuses on this area
of the law are Paul DeRensis and Rich Hucksam.
Open Meeting, public record, executive session, conflicts of interest law
We provide upon request training seminars on the Commonwealth's Open Meeting Law. We
provide advice as to agenda preparation, executive session, and minutes and record keeping
strategies. The attorneys whose concentration focuses on this area of the law are Paul
DeRensis, Rich Hucksam and Lou Ross.
Zoning and land use issues
Our collective experience in the area of zoning is unsurpassed and it extends from the
drafting of zoning bylaws through the litigation phases of an applicant or abutter's dispute
concerning the application of same. We have drafted local zoning bylaws, amendments and
town warrant articles, trained members of Boards of Appeal, rendered legal opinions, drafted
decisions, and successfully defended clients throughout the litigation of these concerns from
the hearing through the Land Court, the Superior Court and the Massachusetts Appeals
Court. The attorneys whose concentration focuses on this area of the law are Paul DeRensis,
Rich Hucksam, Kimberly Saillant, Lou Ross and Valerie Swett.
The team at Deutsch Williams has decades of collective experience in the area of land use.
We have been involved in all phases of this area of land law from acquisition, disposition,
purchase of town property, takings by eminent domain, procurement, permitting, licensing,
tax title, contracts, drafting of bylaws concerning zoning and subdivision control, land
restrictions, road layouts, deed restrictions, land bank issues, real estate tax assessments,
conservation questions and enforcement, waterways, comprehensive permits pursuant to G.L.
c. 40B, official maps, telecommunications towers, large scale solar energy facilities and wind
turbines, community preservation, conducting and/or attendance at board, committee and
commission hearings involving land use, drafting of board and commission decisions
involving bylaws, interpretation, application and procedural concerns, smart-growth
projects, utility matters, dam safety matters, the construction of municipal and regional water,
wastewater and waste disposal systems and affordable housing such as G.L. c. 40B, LIP
Regulatory Agreements and affordable housing trusts, petitions to the General Court,
municipal regulations, permitting decisions and town meeting warrants and motions, and all
phases of litigation involving land use issues in the Land Court, the Superior Court, the
Massachusetts Appellate Tax Board, the Massachusetts Appeals Court and the Supreme
Judicial Court. The attorneys whose concentration focuses on this area of the law are Paul R.
DeRensis, Rich Hucksam, Kimberly Saillant, Dan Deutsch, Rod Hoffman, Valerie Swett,
and Lou Ross.
Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings;
licenses; conservation and agricultural restrictions; right -of -first refusal
Deutsch Williams has always had a component of its practice focus on public sector real
estate law. Our firm has advised its municipal clients in all aspects of their acquisition,
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financing, permitting, development, regulation and disposition of real property and property
interests for major public projects and community objectives, including tax title takings and
takings by eminent domain, leases, easements and restrictions for may purposes. Our proven
team has over 140 years of combined experience in the legal disciplines governing the
acquisition, disposition and use of public property and expertise and resourcefulness enable
them to work efficiently and effectively with clients to recognize and respond to real estate
matters. The attorneys whose concentration focuses on this area of the law are Valerie Swett,
Lou Ross and Rod Hoffman.
Town Meeting: drafting and review of warrant articles and motions advice on issues before
and at Town Meeting
Mr. DeRensis has attended a record 1,168 Town Meetings. He is thoroughly familiar with
Town meeting procedures and particularly rules of parliamentary procedure, including but
not limited to Town Meeting Time and Robert's Rules of Order.
Drafting and monitoring special legislation
We have drafted every conceivable type of municipal by -law, regulation and legislation,
including without limitation general by -laws, zoning by -laws, affordable housing by -laws,
community preservation by -laws, expedited permitting by -laws, parking by -laws, site plan
review by -laws, sewer district by -laws, stormwater by -laws, wetlands by -laws,
comprehensive permit regulations, parking regulations, septic system regulations, special
permit regulations, subdivision regulations, wetlands regulations, public endangerment
legislation, sewer connection legislation and wastewater district legislation. The attorneys
whose concentration focuses on this area of the law are Paul DeRensis and Rich Hucksam.
Public bidding public construction, and municipal procurement issues including lease-
purchasing ease -
purchasing of equivment and contract approval
Deutsch Williams has more than 20 years experience in representing public entity clients in
all aspects of construction contracting. This includes preparing and drafting bid documents
and construction contracts; representation in matters regarding the FAA, FHA, MSBA and
other federal and state funding sources; oversight of bidding and response to contractor
issues; representation at bid protests; advice and representation regarding issues arising
during construction; representation in bidding and other contract litigation including claims
for breach of warranty and other contract issues. Deutsch Williams' philosophy is that
careful preparation of the documents and strategy as the project is being planned is time well
spent as it allows the public entity to stay ahead of the curve in protecting the its financial
and other interests. The attorneys whose concentration focuses on this area of the law are
Rod Hoffman, Robert Hillman and Paul DeRensis.
Affordable Housing; MGL. c. 40B; MGL c. 44, § 55C (Municipal Housing Trusts)
We have extensive experience advising municipalities on affordable housing issues,
including advising towns concerning Comprehensive Permit applications, representing
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D W LIB DB\277487.109999/09
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Boards of Appeal during hearings on Comprehensive Permit applications, representing
Boards of Appeal before the Housing Appeals Committee and advising towns concerning
Inclusionary zoning bylaws and other affordable housing related bylaws and acquisition of
property for development of affordable housing. The attorneys whose concentration focuses
on this area of the law are Paul DeRensis, Rich Hucksam, Lou Ross and Jan Gould.
Subdivision control law
We have extensive experience advising Planning Boards concerning every aspect of the
Subdivision Control Law process and representing Planning Boards in appeals of subdivision
control law decisions. The attorneys whose concentration focuses on this area of the law are
Paul DeRensis, Rich Hucksam and Lou Ross.
Communitv Preservation Act
We have advised many municipalities regarding Community Preservation Act adoption
issues, how Community Preservation Act funds may be used and drafting of warrant articles
concerning use of Community Preservation Act funds. The attorneys whose concentration
focuses on this area of the law are Paul DeRensis, Rich Hucksam and Lou Ross.
Wetlands regulations
We have extensive experience advising Conservation Commissions concerning
Massachusetts Wetland Protection Act issues as well as issues concerning local, nonzoning
wetland protection bylaws. We also have represented Conservation Commissions in
enforcement actions and in appeals of wetland permitting decisions before the Department of
Environmental Protection and in court. The attorneys whose concentration focuses on this
area of the law are Rich Hucksam and Dan Deutsch.
Environmental issues
We are also leaders in this area of the law. Our experience encompasses all such
environmental issues from conservation restrictions to appellate review of Conservation
Commission decisions and it includes all aspects of the Wetlands Protection Act as well as
local bylaws, MEPA and protection of the environment under G.L. c. 21E, the Massachusetts
Contingency Plan and the Natural Heritage Endangered Species Program. We also have
notable success with solid waste facilities and we have handled site assignments and capping
of landfills, as well as a myriad of legal issues associated with superfund sites. Some of our
principals have also been members of their local Conservation Commission and thus bring
hands -on experience to complement their legal knowledge of this area of the law. The
attorneys who practice in this area of the law are Dan Deutsch, Rich Hucksam and Kimberly
Saillant.
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Elections law and procedures
We have many years of experience with election law and procedures. We have prepared
ballot questions, handled election recounts, signature validations, addressed storm
interruption of elections, and the like. Mr. DeRensis and Mr. Hucksam would provide this
area of expertise to the Town of Reading.
Licensing
We have extensive experience in alcohol licensing issues. We have answered licensing
procedural questions, we have drafted license rules and regulations, including regulations of
BYOB establishments. We have prosecuted establishments for violation of liquor laws, such
as over serving and serving minors, at the full range establishments from large venues like
Gillette Stadium to restaurants and bars, to small county owned package stores. Attorney
DeRensis and Rich Hucksam would be pleased to assist Reading with this area of law.
Representation of the Town in all courts, including appellate level, and administrative
agencies and other litigation
Deutsch Williams has often represented Boards of Assessors in appeals before the Appellate
Tax Board, including preserving over $500,000.00 of property tax income for a municipality
in an appeal involving land contaminated with hazardous materials.
Our reputation, experience, knowledge and winning litigation record is unequalled. Each of
the Principals in our group whose concentration is litigation has no less than twenty five
years of public sector litigation skill and experience. We have successfully represented
clients throughout the Commonwealth on a wide variety of municipal matters, in both state
and federal courts, with a concentration in all phases of land use issues, including
governmental defense, land use, zoning, environmental issues, eminent domain proceedings,
municipal board and department defense and administrative advise, torts, civil rights
allegations, and real property claims. Each of our litigation counsel is an accomplished and
well respected trial attorney with a history of decades of successful resolution of hundreds of
land use disputes, with an eye to conservation of your time, effort and expense and proven
public interest results. For a listing of some of our landmark decisions, please see
Attachment G. The attorneys in our group with a concentration in litigation are Steven J.
Brooks, Kimberly M. Saillant and Robert D. Hillman.
Appellate Tax Board matters
Deutsch Williams has often represented Boards of Assessors in appeals before the Appellate
Tax Board, including preserving over $500,000.00 of property tax income for a municipality
in an appeal involving land contaminated with hazardous materials.
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Municipal Light Plants
Two of our towns operate Municipal Electric Departments. Accordingly, we are familiar
with Chapter 164 and the special requirements applicable to municipal electric departments.
Attorneys DeRensis, Ross and Dominello are well experienced in this area.
6. Please describe how you propose to satisfy the Accessibility and Accountability
requirements of the RFP, specifically with regard to Reading's somewhat decentralized
form of government, including volunteer Boards.
Our offices are located at One Design Center Place, Boston, MA 02210. We spend the time,
and will in the future spend the time, necessary to get the job done, including visits to town
offices as needed or as requested; we are available by e-mail (days, nights and weekends),
telephone (days, nights or weekends) or fax, and are available for day /evening and weekend
meetings as needed or requested. We respond to contacts within 24- hours, however, the
length of time to respond to a specific inquiry of course depends on the complexity of the
questions. Some questions we can answer on the spot, and do so. Others require research,
collaboration with third parties such as developing additional information from opposing
parties, or from Bond Counsel or Department of Revenue or the Inspector General, and the
like, requiring more time.
Most of our towns are decentralized, including many volunteer boards, and we are quite
comfortable working in that environment.
For further information on the attorneys who will provide services, see our response to
section 1 above.
7. Please describe how you propose to satisfy the back -up requirements of the RFP.
Town counsel will assign any and all back up counsel as needed in order to render a timely
response to your needs and your questions. All counsel are members in good standing and
all scrupulously adhere to the standards of professional conduct and ethics and are committed
to providing sound objective legal advice.
8. If services are to be provided by a team of lawyers, describe how the team approach
would work. For example, will specific attorneys be assigned to specific cases or subject
matters? Will the specific attorney remain the contact throughout the case or matter?
Mr. DeRensis is in a position to replicate the legal service model that prior town counsel has
provided to the town. Mr. DeRensis would personally serve as your town counsel, providing
a close working relationship between lawyer and town officials, while his firm Deutsch
Williams would provide comprehensive back up. Yes, for matters requiring specialized
counsel, specific attorneys experienced in that area of the law would be assigned and remain
the point person throughout the case or matter.
13
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As you can see from the resumes of counsel attached, what makes DW unique is that you are
getting top rate lawyers to assist the Town. All have a proven, successful track record. The
Town of Reading is not a number to DW and each of our clients receives specialized hands -
on assistance and care. With our years of experience we can navigate the Town through any
problem.
How would you conduct or oversee litigation, including administrative proceedings, in
which the Town and its boards are involved in their official capacity, to the extent such
legal services are not provided by the Town's insurance carriers or outside counsel?
Yes, our reputation, experience, knowledge and winning litigation record is unequalled.
Each of the Principals in our group whose concentration is litigation has no less than twenty
five years of public sector litigation skill and experience. We have successfully represented
clients throughout the Commonwealth on a wide variety of municipal matters, in both state
and federal courts, with a concentration in all phases of land use issues, including
governmental defense, land use, zoning, environmental issues, eminent domain proceedings,
municipal board and department defense and administrative advise, torts, civil rights
allegations, and real property claims. Each of our litigation counsel is an accomplished and
well respected trial attorney with a history of decades of successful resolution of hundreds of
land use disputes, with an eye to conservation of your time, effort and expense and proven
public interest results. For a listing of some of our landmark decisions, please see
Attachment F. The attorneys in our group with a concentration in litigation are Steven J.
Brooks, Kimberly M. Saillant and Robert D. Hillman.
10. Are you available to review and approve as to form and content all contracts to which
the Town is a party?
Yes, we would.
11. Do you provide regular updates on regulations, legislation and court decisions affecting
municipalities and, if so, would this be a separate expense?
We issue free of charge regular newsletters advising of new legal developments. In addition,
we provide advisory opinions to our clients regarding ways to comply with the various laws
of the Commonwealth to avoid incurring liability.
12. Do you provide training in legal obligations and compliance for elected, appointed and
compensated town employees on issues such as conflict of interest, ethics, open meeting
law and harassment, and, if so, would this be a separate expense?
We will organize, as requested by the Town, training seminars on:
Open Meeting Law
Conflicts and Public Records
Substantive Regulatory Jurisdiction applicable to specific boards and land use
Sexual Harassment
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Employment Claims
Selectmen Training
We are also available to conduct on -site training upon request concerning various land use
and other issues affecting town boards and commissions and will supply our newsletters on
new decisions and legislation that affects your community. In addition, Paul DeRensis
personally meets with each new member of the board of selectmen to answer questions and
to provide intensive individual training, as needed. Our firm is also proactive in assisting all
Town employees and volunteers with training, upon your authorization to do so. Financial
terms are discussed separately in Attachment B.
13. Please describe your suggestions for the transition from current Town Counsel.
We have handled, in the past, transitions from prior counsel, all very successfully. Some
transitions we have done without any assistance from prior counsel. Here we would suggest
that Mr. DeRensis work with present town counsel with some overlap as part of the
transition. There would be no charge for transition.
14. Please describe any complaints with the Board of Bar Overseers or suits against each
identified attorney and how the complaints or suits have been resolved.
None against Mr. DeRensis. There have been no such complaints or claims relating to the
municipal law practice group in the last five years except, very recently, a former member of
a planning board sued one of our municipalities and one of our lawyers, seeking
reimbursement of personal legal fees pursuant to a personal defamation lawsuit claimant filed
on his own personal behalf as plaintiff without consent or authorization from the
municipality, for which lawsuit this firm was not his counsel, and which lawsuit the courts
found in 2011 to be frivolous and assessed against this former planning board member the
amount of the legal fees incurred by the parties he had sued.
15. Please identify any past or current clients that may give rise to a conflict of interest as a
result of representing the Town of Reading.
We are aware of no actual or potential conflicts of interest that might arise as a result of
representation of the Town. We do represent the Town of Wilmington but are not aware of
any dispute or litigation between Wilmington or Reading. Should the occasion arise where
another private client of Deutsch Williams appears before any Reading Town Board or
Committee, the firm will forego representation of that client to avoid any such conflict.
16. For each Town you and, if applicable, members of your firm have represented, please
list those cases where municipal litigation has been undertaken (do not list special ed or
appellate tax board cases).
For all Towns we represent, we have handled any and all litigation that may arise which were
not defended by insurance defense counsel. A list of our litigation spanning decades would
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be over a thousand of lawsuits but see our list of notable litigation attached hereto as
Attachment F.
By my signature, I certify that the information contained in this Response to Request for
Proposals are complpWaAd a urate, to the best of my knowledge and belief.
Signed: Date: May 6, 2014
i
1001
D W LIB DB\277487.109999/09
iLW DEUTSCH IWILLIAMS
Paul R. DeRensis
Principal — Municipal Department
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
Dderensisna,aol.com
Areas of Practice
Mr. DeRensis has represented municipalities for approximately thirty years. In addition to his legal perspective, he has practical hands -on
familiarity with the problems faced by a municipality in that he has served municipal government as an appointed official, as an elected
member of a Town Planning Board and as an elected member of a Board of Selectmen. He serves as an advisor to the Commonwealth for
local affairs; he has been appointed by the governor to serve on the Commonwealth's Local Government Advisory Committee.
Work for Clients
Mr. DeRensis has represented a number of public entities and has served as Town Counsel or Special Town Counsel, County Counsel,
counsel to a Land Bank, an Airport, and a Water Company. As a consequence of these activities, Mr. DeRensis has had experience with
City Councils, Town Managers, Boards of Selectmen, Planning Boards, Conservation Commissions, Town Meetings, Warrants, Boards of
Appeals, Executive Secretaries or Town Administrators, Housing Partnerships, Study Committees, Historic District Commissions, Parks
& Recreation Commissions, Boards of Health, Boards of Assessors, Treasurers, Town Clerks, Town Accountants, Building Inspectors,
Police and Fire Departments, Schools and Continuing Education Programs, Alcohol Licenses and other licenses and permits, Boards of
Sewer Commissioners, Special Permit Granting Authorities, Department of Revenue, State Ethics Commission, and the like. He also has
an understanding of public procurement, land use, environmental, civil rights, contracts of all kinds, ethics issues, municipal
finance/Department of Revenue issues, and the like. Mr. DeRensis also practices in the area of corporate governance and litigation,
representing both non -profit and for -profit corporations.
Professional Activities
• Mr. DeRensis was named as one of 2013's New England
Super Lawyers. This is the ninth time he has been so
recognized. The list of 2013 Super Lawyers is assembled by
Thomson Reuters in conjunction with Boston Magazine
based on peer nominations by attorneys, independent
research conducted by the Thomson Reuters research staff,
and peer evaluations by practice area across the six New
England states aimed at selecting as Super Lawyers the top 5
percent of New England attorneys in more than 60 practice
areas and reflects both peer recognition and professional
achievement verified through careful selection process to
determine New England's best.
• Mr. DeRensis is admitted to practice in New York; U.S.
District Court, Southern and Eastern Districts of New York;
Massachusetts, U.S. Court of Appeals, Second Circuit and
U.S. District Court, District of Massachusetts; U.S. Court of
Appeals, First Circuit; and the U.S. Supreme Court.
• In June, 2013, Mr. DeRensis was appointed by Governor
Deval Patrick as "Public Member" of the Board of
Registration in Medicine (the Board which regulates and
supervises the medical profession in Massachusetts) for the
term 2013 -2016.
• Mr. DeRensis was also listed in the Martindale Hubbell Bar
Registry of Preeminent Lawyers, 2014 Municipal and
Zoning Law (Volume 1, page 1258A and 1258B).
Personal/Community Activities
Mr. DeRensis is a member of the Boston Bar Association and the Massachusetts Bar Association. Mr. DeRensis is a six -term elected
official serving as a town selectman. He was also chairman of the Board for six years, a former planning board member, and has been
President and First Vice President of the Massachusetts Selectman's Association and is a member of the Executive Committee of the
Massachusetts Municipal Association. Mr. DeRensis has served six terms on the Governor's Massachusetts Local Government Advisory
Committee.
Education
Mr. DeRensis received his Bachelor's Degree from Harvard College and his J.D. from Harvard Law School.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Law ■
5d a - la-
,k% J11W DEUTSCH I WILLIAMS
Steven J. Brooks
Principal— Litigation Department'
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
sbrooksCa)dwboston.com
Areas of Practice
Mr. Brooks is the Senior Managing Principal of the Firm. His practice focuses on white collar criminal law,
international law with specialization in Peoples Republic of China, trade secrets, tax litigation, civil and criminal
securities litigation, regulatory law, health care regulations, intellectual property litigation, and casinos and
gambling law. Expertise includes criminal litigation.
Work for Clients
Mr. Brooks represents individual and corporate clients. He has practiced in courts throughout the United States.
Professional Activities
Mr. Brooks is a member of the Boston Bar Association, Massachusetts Bar Association, American Bar
Association and Federal Bar Association. He is also admitted to the New York Bar, U.S. Court of Appeals for
the 0, 2"d and 96' Circuits, U.S. Tax Court and U.S. Supreme Court. Prior to joining Deutsch Williams, Mr.
Brooks was an Assistant District Attorney in New York, an Assistant U.S. Attorney for the District of New
Jersey and an Assistant U.S. Attorney for the District of Massachusetts.
Personal Activities
Mr. Brooks is an avid scuba diver, enjoys participating in various sports and likes to travel the world.
Education
Mr. Brooks holds a Bachelor of Arts Degree in political science from Harpur College and a J.D. from Boston
University Law School.
Awards
Martindale- Hubbell "AV Preeminent Rating: Highest Possible Rating in Both Legal Ability & Ethical
Standards"
2014 Super Lawyer
Boston Magazine's "2014 Top Attorneys in Massachusetts"
DEUTSCH I WHI IAMS I BROOKS I DERENSIS & HOLLAND, Y.C.
5d a - a.3
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Valerie Swett
Principal —Real Estate
and Private Client Services Groups
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
vswet OWwboston.com
Areas of Practice
Ms. Swett is a Principal in charge of the real estate group. In addition, she serves as principal in the private client
services group and works extensively with the municipal group. Ms. Swett works with a wide range of transactional
and personal services matters, including trust administration; negotiation, drafting contracts, and closing transactions;
and review and resolution of title and title related matters, such as boundary disputes. She is licensed to practice law
in Illinois as well as Massachusetts.
Work for Clients
In the real estate area, Ms. Swett represents individuals, businesses, non - profit corporations and governmental units in
various real estate based transactions, including purchases and sales, financing arrangements, leases, 1031 exchanges,
and eminent domain takings. She also works in the development of affordable housing, and assists with creation of
appropriate ownership entities. A title insurance agent, Ms. Swett is expert in title matters, with a particular emphasis
on Nantucket titles.
Ms. Swett's practice with the private client group focuses on trust and probate administration. She deals with tax and
accounting issues related to such administrations and consults with fiduciaries and beneficiaries regarding trust and
estates issues. In consultation with other attorneys in the group, she advises clients regarding estate planning and
wealth disposal issues. She serves as fiduciary for trusts and estates.
Professional Activities
Ms. Swett's professional associations include New England Women in Real Estate; the Real Property, Probate and
Trust Section of the American Bar Association; the Property Law and Probate Sections of the Massachusetts Bar
Association; the Real Estate and Trusts & Estates Sections of the Boston Bar Association; and Christian Legal
Society.
Personal Activities
Personal pursuits include walking, gardening, and singing.
Education
Ms. Swett earned her J.D. with honors from Northwestern University. She graduated with high honors in economics
from,the University of Rochester.
DEUTSCH I WILLIAMS ( BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Lmv
5d a -C)4
D-W DEUTSCH I WILLIAMS
John Foskett
Principal— Litigation and Labor and Employment
Departments
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
i foskettCa�dwboston. com
Areas of Practice
John has been a principal in the litigation group since 1987. He is admitted to practice in Massachusetts, in the
United States Supreme Court, in the United States Courts of Appeals for the First Circuit and for the Ninth
Circuit, and in the United States District Court for the District of Massachusetts.
Work for Clients
John has successfully litigated lawsuits involving all types of employment - related disputes, including claims of
employment discrimination, wrongful termination, violations of federal and state statutory and constitutional civil
rights, violations of the Fair Labor Standards Act and Massachusetts Wage Payment Law, judicial review of
administrative and arbitral labor law rulings, claims under the Massachusetts Civil Service Law and Contributory
Retirement Law, breach of severance agreements, and breach of non - competition covenants, as well as business
litigation claims. In addition, John specializes in appellate litigation in numerous substantive areas of the law in
the Massachusetts Supreme Judicial Court, Massachusetts Appeals Court, United States Supreme Court, and
United States Courts of Appeals for the First and the Ninth Circuits. These cases include several significant
decisions including domestic relations, labor, employment, civil rights, municipal law and contracts.
The clients he has worked for include a wide range of governmental bodies at the state and local level, for - profit
corporations, non - profit corporations, and individuals.
Professional Activities
John is a member of the Massachusetts Bar Association, Litigation Section, and has participated in professional
continuing education presentations.
Personal Activities
In his spare time, John pursues his interests in rock climbing and mountaineering, mountain biking, the American
Civil War, and Notre Dame sports.
Education
John received his J.D. from Boston College Law School in 1976 and his B.A. from the University of Notre Dame
in 1973.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Law
5dQ -Q5
4LW DEUTSCH IWILLIAMS
Kimberly M. Saillant
Principal — Municipal and Litigation Departments
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
ksaillant(a)dwboston.com
Areas of Practice
Kimberly M. Saillant is a principal specializing in litigation. Ms. Saillant is a seasoned trial attorney with over
twenty-five years of experience successfully representing both plaintiffs and defendants on a wide variety of matters in
both state and federal courts, from pre- Complaint through litigation and conducting trial as lead counsel, including
post trial proceedings. Some of the areas of specialization in which Ms. Saillant has represented clients include:
governmental defense, environmental issues, negligence defense, eminent domain proceedings, municipal board and
department defense and administrative advice, civil rights claims and real property disputes.
Work for Clients
Ms. Saillant is admitted in the United States Court of Appeals, First Circuit, the United States District Court, District
of Massachusetts, and the Supreme Judicial Court of Massachusetts. She is a member of the American Bar
Association, the Massachusetts Bar Association, the Massachusetts Defense Lawyers Association, the Defense
Research Institute, City Solicitors and the Town Counsel Association as well as the Frank J. Murray Inn of Court.
Prior to becoming a principal, Ms. Saillant was an associate at the firm from 1997 through 2002. From 1993 through
1997 she was Assistant Corporation Counsel to the City of Boston concentrating in high profile, complex multi -party
civil rights and associated tort litigation. From 1986 to 1993, Ms. Saillant was an associate at the large defense firm of
Morrison, Mahoney & Miller in Boston where she specialized in litigation representing governmental entities and their
employees for alleged violations of state and federal constitutional rights and the Massachusetts Tort Claims Act in
both federal and state courts. During that time, in addition to successfully conducting several Federal and State
Superior Court trials as lead counsel, she effectively researched, drafted, and argued over 60 dispositive motions and
supporting memoranda on complicated state and federal issues and related tort claims as well as briefed and argued
appellate court cases in the United States Court of Appeals for the First Circuit.
Publications/Presentations
"From Euclid to Lucas — A Retrospective," published in December, 1992, by Massachusetts Continuing Legal
Education, Inc., "Defending the Civil Rights Case after Canton and Connor," co- authored with Richard E. Brody, in
February 1990, and published by The Defense Research Institute. "Potential Municipal Liability for the Actions of
Off -duty Police Officers," published in Civil Liability Alert as the lead article by the Civil Liability Institute of
Massachusetts, Inc. in its Winter, 1987 edition. "Implementation Exemption Under the Massachusetts Tort Claims
Act," published in The Standard in January, 1987. Ms. Saillant has also served as a faculty member for
Massachusetts Continuing Legal Education, Inc. in December, 1992, October, 1999 and Autumn, 2000.
Education
Ms. Saillant holds an A.B. in Government and with a minor in Political Theory from Cornell University as well as a
J.D. from Northeastern University School of Law.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attoineys at law
Sda-
I OL)W DEUTSCHIWILLIAMS
Rodney G. Hoffman
Principal— Corporate, Municipal and Human Service
Departments
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
rhoffmanAdwboston.com
Areas of Practice
Mr. Hoffman is a principal of the firm and a member of the business corporate law, the municipal law and the
Non - Profit law groups. His business practice focuses on general business and commercial law including secured
transactions, capital formation and lending transactions and intellectual property matters. His municipal law
practice focuses on contracting and construction transactions and municipal procurement matters. His Non -
Profit law practice focuses on the business aspects of human services delivery including organization and
structuring of legal entities, acquisitions, mergers and sales.
Work for Clients
Mr. Hoffman represents clients in a wide variety of business matters including organizational matters,
acquisitions and financing, capital funding and intellectual property and licensing matters. He counsels clients
on matters relating to corporate governance and strategic planning as well as employment law matters especially
relating to compensation, non - compete and severance issues.
Professional Activities
Mr. Hoffman is a member of the Massachusetts Bar Association and Boston Bar Association and is a member of
both the Massachusetts and Pennsylvania bars. He is president of the Massachusetts Council on Compulsive
Gambling, which provides services for both professionals and clients regarding problem gambling in the
Commonwealth.
Personal Activities
Mr. Hoffman enjoys cooking, history and bicycling. He is an active member of his local church.
Education
Mr. Hoffman holds a Bachelor of Arts degree from the University of Pittsburgh and a Juris Doctorate from
Harvard University.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Law
5d 0,- a-�
6,k.% JI)w DEUTSCH I WILLIAMS
Robert D. Hillman
Principal— Litigation Department
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
rhillmanr7a,dwboston.com
Areas of Practice
Mr. Hillman is a principal of the firm, practicing primarily in the litigation department. His practice focuses on
the litigation and arbitration of business and employment disputes as well as land use disputes in all courts in
Massachusetts, federal courts and commercial and securities industry arbitration forums.
Work for Clients
Mr. Hillman represents clients in a broad range of matters, including commercial and contract disputes, disputes
involving shareholders in closely -held enterprises, securities compliance and SEC investigations, environmental
issues and the defense of tort liabilty claims. Mr. Hillman also represents clients in employment matters ranging
from executive compensation and noncompetition covenants to the defense of employment discrimination,
whistle- blowing and wage - related claims.
In the area of land -use litigation, Mr. Hillman has represented both private and municipal clients in connection
with zoning, title and eminent domain disputes.
Professional and Civic Activities
Mr. Hillman is a member of the Massachusetts bar and is admitted to practice before the United States Court of
Appeals for the First Circuit, and the United States District Court for the District of Massachusetts. He is a
member of the American and Massachusetts Bar Associations. He chaired the Cohasset Cable Television
Committee, and serves on the Board of Directors of the Cohasset Dramatic Club.
Publications
Mr. Hillman has authored several articles on commercial and securities laws issues, including Other Peoples'
Money: Problems in Attaching Securities Under Three Versions of U.C.C. Article 81 16 U.Pitt.J. of Law and
Commerce.
Personal Activities
Mr. Hillman is Principal Trombone of the Rusty Skippers, a concert band in Cohasset.
Education
Mr. Hillman holds an A.B. from Boston College (1985) and a J.D. from Cornell Law School (1988).
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Lan
5dQ. -O�8
6k.% OL)WL DEUTSCH WILLIAMS
John Richard Hucksam, Jr.
Principal — Municipal Department
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
jrh(a)dwboston.com
Areas of Practice
Mr. Hucksam is a Principal in the Municipal Department. He has over twenty-five years of experience
representing clients in land use, litigation and municipal law.
Work for Clients
Mr. Hucksam has represented and advised municipal officials including mayors, city councils, boards of
selectmen, town managers, building officials, conservation commissions, planning boards and zoning boards on a
wide range of municipal law issues including comprehensive permits pursuant to MGL. Chapter 40B,
telecommunications towers, large scale solar energy facilities and wind turbines. Mr. Hucksam has represented
private and municipal clients in litigation in the Land Court and Superior Court and has argued appeals involving
land use permits and other municipal law issues before the Massachusetts Appeals Court. He also has represented
clients in adjudicatory hearings before the Massachusetts Department of Environmental Protection and in appeals -
before the Massachusetts Appellate Tax Board, where he preserved over $500,000 of property tax income for a
municipality in an appeal involving land contaminated with hazardous materials.
Professional Activities
Mr. Hucksam is a Member of the Boston Bar Association and the Massachusetts Bar Association and is a former
member and chairman of the Norwood Conservation Commission.
Personal Activities
Mr. Hucksam is an avid outdoorsman and enjoys activities such as bicycling, hiking, backpacking, skiing and sea
kayaking. He is the author of several articles which have been published in Appalachian Mountain Club
publications, most recently "An Alaskan Adventure, Gates of the Arctic National Park ".
Education
Mr. Hucksam graduated cum laude from Framingham State College in 1980 and is a 1985 graduate of Suffolk
University Law School.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS R HOLLAND, P.C. Attorneys at Lvv
5da -aq
il)-W DEUTSCH IWILLIAMS
Daniel R. Deutsch
Principal— Litigation Department
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
ddeutschna,dwboston.com
Areas of Practice
A principal of Deutsch Williams since 1996, Dan Deutsch concentrates his practice in the prevention, management
and litigation of commercial, insurance coverage, employment, shareholder, land use, and environmental disputes
(including contamination cost recovery and wetland matters).
Work for Clients
For seventeen years, Mr. Deutsch prepared and tried complex civil and white - collar criminal cases before judges and
juries in the state and federal courts of Massachusetts and New Hampshire and before administrative tribunals. He
also has argued extensively before the Massachusetts Appeals Court, Supreme Judicial Court and the First Circuit
Court of Appeals in a wide variety of matters, including cases of first impression. As a counselor, Mr. Deutsch
regularly advises individuals and businesses on insurance coverage matters, including commercial general liability,
fidelity, fiduciary, directors and officers liability, automobile, and casualty coverages. With experience in the
operation of a family -run manufacturing business, Mr. Deutsch is especially attuned to the concerns of small
businesses, for whom he provides general counsel services.
Professional Activities
Mr. Deutsch has served the Massachusetts Bar Association as a member of its September 11 Committee and has
presented to students in the public schools.
Personal Activities
Mr. Deutsch enjoys bicycling, cross - country skiing, soccer, tennis and landscape photography.
Publications/Presentations
Cases which Mr. Deutsch has litigated have resulted in decisions published by the appellate courts. Mr. Deutsch also
frequently lectures and authors articles on business planning, litigation prevention and employment practices for trade
groups, including several chapters of the Painting and Decorating Contractors Association, the nation's oldest trade
association.
Education
Before becoming a principal, Mr. Deutsch was associated with the firm from 1988 to 1996, clerked with the Office of
the United States Attorney for the District of Massachusetts, and practiced law in southern New Hampshire. He
earned his Bachelor's Degree, with distinction, from Cornell University and his J.D. from Boston University.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at law
5da -3o
J)w DEUTSCH I WILLIAMS
Brian Magner
Principal —Labor and Employment Law Department
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
bmasnerla.dwboston.com
Areas of Practice
Mr. Magner is a principal in the Labor and Employment Law Department and is admitted to practice law in the
Commonwealth of Massachusetts.
Work for Clients
Mr. Magner advises private and public sector clients on a variety of labor and employment issues, including
collective bargaining, labor relations, discipline and discharge, layoffs and demotions, FMLA, FLSA, Title VII,
ADA, ADEA, CORI, discrimination, unemployment benefits, severance and release agreements, the Education
Reform Act, school committee policy, and student discipline. Mr. Magner also has experience representing
clients in labor and employment matters before the Massachusetts Appeals Court, the Massachusetts Superior
Court, the Massachusetts District Court, the Massachusetts Division of Labor Relations, the Civil Service
Commission, the American Arbitration Association, and the Division of Unemployment Assistance.
Professional Activities
Mr. Magner is a member of the Boston Bar Association, Massachusetts Bar Association, and the Massachusetts
Council of School Attorneys.
Personal/Community Activities
Mr. Magner is a member of the Board of Directors for Matthew 25, Inc., a private non - profit corporation that
provides affordable housing to low income tenants in Worcester and Boston.
Publications/Presentations
Mr. Magner regularly conducts training seminars for employers on discrimination and harassment avoidance.
Education
Mr. Magner is a graduate of the College of the Holy Cross and Boston College Law School.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Lair
Dw- DEUTSCH WILLIAMS
Louis A Ross
Principal — Municipal and Real Estate Departments
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
IrossCa,dwboston.com
Areas of Practice
Mr. Ross is a Principal of Deutsch Williams whose practices concentrates on public and private real estate and
land use projects and municipal law.
His public and private real estate practice includes providing counseling on all the nuts and bolts of real estate
projects large and small from concept through occupancy, and creative solutions to complex issues and
transactions. Such projects include commercial and residential subdivisions, office and public buildings, hotels,
shopping centers, affordable housing, community development and preservation, conservation, wetlands and
environmental protection, water supply and treatment, sewer projects and wastewater treatment, waterfront
development, public access projects, energy generation and distribution, eminent domain proceedings, street
layouts, public bidding and construction and public financing and partnerships for private and public projects.
His municipal law practice includes providing counseling on public records law and information requests, open
meeting law, state ethics laws and municipal governance issues.
Work for Clients
Mr. Ross has represented many public agencies and elected and appointed boards and officials, including
mayors, councils, selectmen, town managers, clerks. Mr. Ross has also counseled private corporations,
individuals, closely held businesses and numerous national and regional owners, executives, investors, lenders
and developers in all aspects of commercial real estate and ongoing strategic corporate concern.
Professional Activities
Mr. Ross has been admitted to practice in the Commonwealth of Massachusetts since 1998 and is a member of
the Boston Bar Association.
Personal/Community Activities
Mr. Ross enjoys running and hockey in his spare time. He has served as a volunteer for Jimmy Fund events and
the North East All Retriever Rescue.
Education
Mr. Ross received an A.B. from Dartmouth College in 1994 and a J.D. from Boston University School of Law in
1998 where he was an editor for the American Journal of Law & Medicine.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at law
16 D—W DEUTSCHIWILLIAMS
Jan M. Gould
Principal— Litigation Department
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
i aould(&dwboston.com
Areas of practice: Ms. Gould is a senior associate concentrating her practice on litigation, primarily in
the context of business, municipal, and employment matters. Ms. Gould has extensive litigation
experience, including depositions, hearings, and trials in the state District, Superior, and Federal Courts.
Prior to joining Deutsch Williams, Ms. Gould practiced for five years in Boston as a defense litigator,
specializing in construction and products liability issues for corporate clients.
Work for clients: Ms. Gould has represented a broad range of clients, including individuals,
municipalities, local businesses, general contractors, developers, hotels, insurance companies, and
various other multi - national corporations. In addition to handling litigation issues, Ms. Gould has
counseled clients in the areas of risk management and insurance coverage.
Professional activities: Ms. Gould has been admitted to the Massachusetts Bar since January 2002, and
to the Federal District Court for the District of Massachusetts since 2003. She was named a Super
Lawyer Rising Star in 2006 & 2007, and is a member of the Massachusetts Bar Association.
Personal activities: Ms. Gould enjoys travel, gardening, and theatre in her spare time.
Education: Ms. Gould received a Bachelor of Arts degree from Dickinson College in 1998, with a dual
major in Sociology and Anthropology. She received her J.D. from Boston University School of Law in
2001, where she served as research assistant to the Director of the Civil Litigation Clinical Program.
While in law school, Ms. Gould represented a number of indigent clients in a variety of matters,
ranging from domestic issues to summary process matters, through the B.U. Civil Clinic at Greater
Boston Legal Services.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attoineys at law
5da -33
DW-
DEUTSCH IWILLIAMS
Sandy A. Curko
Senior Associate— Litigation Department
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
scurkoCa,dwboston.com
Areas of Practice: Sandy Curko is a senior associate specializing in civil litigation. Her practice focuses on the
areas of commercial and business litigation, labor and employment, school law and municipal law. She has
significant experience in breach of contract cases, as well as other matters arising out of contractual disputes and
interpretation. Ms. Curko also advises clients on a broad range of labor and employment issues, ranging from
discrimination claims to policy development issues. Additionally, she advises schools on various topics,
including student discipline, employment applications and handbooks, and special education issues.
Work for Clients: Over the years, Ms. Curko has successfully represented a wide variety of clients, including
individuals, municipalities, school districts, retail establishments, businesses of all sizes and international
corporations. Prior to joining Deutsch Williams, she was a litigation associate at a defense firm in Boston, where
she specialized in the areas of premises liability, products liability, insurance coverage litigation, and G.L. c.
93A/176D cases. She has represented her individual, municipal and corporate clients through all phases of
litigation and trial.
Professional Activities: Ms. Curko has been admitted to practice in the Commonwealth of Massachusetts since
1998. She is also admitted to practice in the United States District Court for the District of Massachusetts. Ms.
Curko is the Northeast Regional Director of the Croatian- American Bar Association.
Personal/Community Activities: Ms. Curko enjoys basketball, swimming, golf and traveling. A member of the
Cambridge Masters Swim Club, she enjoys competitive swimming and is active in USMS events. In the past,
she has served as a volunteer basketball coach for the West End Boys & Girls Club in Allston. She has also
served as a volunteer in the Floating Hospital for Children at New England Medical Center. She is fluent in
Croatian and proficient in French.
Education: Ms. Curko holds a Bachelor of Arts degree from Boston University, and received her J.D. from
Suffolk University Law School.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys a( Laty
5d(� -3q
OLW DEUTSCH IWILLIAMS
James T. Hargrove
Senior Associate— Litigation Department
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
i hareroveAdwboston.com
Areas of Practice
James Hargrove brings to his practice over 30 years of involvement in the insurance industry, first as a licensed
agent, licensed broker, claims adjuster, claims supervisor, claims manager, public adjuster and for the past 23
years trial practice in insurance coverage litigation, including personal and commercial property, personal and
commercial liability, environmental liability, directors' and officers' liability, errors and omissions liability,
fidelity and surety, and inland and ocean marine. He has represented commercial insureds as well as many major
domestic and foreign insurers including Underwriters at Lloyds, London. In addition to his trial work, Jim has
consulted with insurers and insureds regarding the drafting and interpretation of insurance policies and
alternative methods of managing risks.
Work for Clients
Over the years Jim has tried numerous cases in state and Federal Courts, ranging from arson and fraud defense to
fish mortality claims in jurisdictions from Maine to California. In addition he has argued matters before the
Massachusetts and Connecticut Courts of Appeal and the First and Second Federal Circuits. Prior to joining
Deutsch Williams Jim was a principal at Goulston & Storrs, PC and a partner at Morrison Mahoney LLP.
Professional Activities
Mr. Hargrove is admitted to practice in Massachusetts and admitted before the Federal District Courts of
Massachusetts, Maine, Connecticut, New York and Michigan. In addition he is admitted to practice before the
First and Second Circuit Courts of Appeal. He has been admitted pro hac vice in the state courts of Maine,
Connecticut, New York, Nevada and California.
Personal/Community Activities
Jim has acted as a trial advisor for the Harvard Law School Trial Advocacy Workshop, as a judge for the Suffolk
University Law School Moot Court Board, and as a judge for the ATLA (now American Association for Justice)
2005 National Student Trial Advocacy Competition. He has also volunteered in Scene Design and Construction
for the Manchester Essex Regional Schools.
Education
Mr. Hargrove holds a Bachelor of Arts degree from Loyola University in Chicago and received his J.D. from
Suffolk University Law School.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Lain
5da -35
h6� % JDW- DEUTSCH IWILLIAMS
Nicholas J. Dominello
Associate —Labor and Employment Departments
One Design Center Place
Suite 600
Boston, MA 02210
617.951.2300
617.951.2323 fax
ndominelloA)dwboston.com
Areas of Practice
Nicholas J. Dominello is an Associate in the Labor and Employment Law Department specializing in public and
private sector management -side labor and employment law. Mr. Dominello's practice also involves issues of
school law such as the Education Reform Act and school committee policy.
Work for Clients
Mr. Dominello represents and advises clients in the areas of labor relations, employment and discrimination. He
represents clients in labor relations and employment litigation matters before the American Arbitration
Association, the Massachusetts Division of Labor Relations, the Civil Service Commission and the
Massachusetts Commission Against Discrimination.
Professional Activities
Mr. Dominello is a member of the Boston Bar Association, Massachusetts Bar Association, Massachusetts
Council of School Attorneys and the American Bar Association.
Personal Activities
Mr. Dominello enjoys long distance running and playing golf. He has also served as a volunteer for the
Massachusetts Special Olympics.
Education
Mr. Dominello holds a Bachelors Degree from Boston College and a J.D., cum laude, from Boston College Law
School.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C.
5d a - 3b
ATTACHMENT B
RESPONSE TO REQUEST FOR PROPOSALS FOR TOWN OF READING
TOWN COUNSEL — FINANCIAL INFORMATION
Fees and Expenses Response Sheet
(To be attached to and made a part of the overall Response to Request for Proposals)
Please list the name and hourly rate for proposed Town Counsel and for each attorney
intended or likely to serve as back -up.
Attorneys
$210.00/hr
2. If you propose to bill for services provided by paralegals, clerical staff, or other non-
attorney personnel, please list by title and hourly rate each position for whom you
may bill.
Paralegals/Law Clerks $115.00/hr
3. Please provide a complete listing of all charges for expenses you intend to impose as
incurred (i.e., any and all copy charges, telephone charges, fax charges, mileage
charges and the like, but excluding any fees for stenographers, court fees, service fees
and the like).
Black & White Copies
Color Copies
Scanning
Local Facsimile
Long Distance Facsimile
International Facsimile
Telecommunications
Postage
Mileage
$0.15 per page
$1.00 per page
$0.03 per page
$1.00 per page
$2.00 per page
$5.00 per page
$0.23 /minute minimum
rates calculated by USPS
$0.565 per mile or current IRS rate per mile
4. In what hourly increments do you intend to bill?
Our billing practices reflect the work performed in tenths of an hour.
5. Do you bill out attorney time out of the office on a portal-to -portal basis or some
other basis? Please describe.
We bill for time spent in court or meetings, or depositions, from the time of
arrival to the time of departure, not for time spent "travelling ".
DW LBDB\277487.1 ❑9999/09
5da -33
6. Please describe any proposed alternative fee arrangement.
We are prepared to entertain a monthly flat rate retainer for all the usual Town
Counsel Services not including the following areas which are to be billed at the
hourly rates set forth above:
Real Estate Counsel
Labor Counsel
Litigation Counsel
Cable TV Counsel
DWLIBDB\277487.1 D9999/09
5dg-39
ATTACHMENT C
MUNICIPAL LAW EXPERIENCE CHECKLIST
(To be completed for each team member)
Paul R. DeRensis, Esq. and the members of Deutsch Williams
Rate your experience in the following areas of municipal law using the scale below
1. No experience
2. Limited experience
3. Moderate experience
4. Advanced experience
5. Extensive experience
5 General Municipal Law
5 Municipal Finance
5 Town bylaws and regulations
5 Open Meeting, public record, executive session, and conflicts of interest law
5 Zoning G.L. c. 40A and land use issues
5 Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax taking;
licenses; conservation and agricultural restrictions; right -of -first refusal
5 Town Meeting: drafting and review of warrant articles and motions, advice on issues
before and at Town Meeting
5 Drafting and monitoring special legislation
5 Public Bidding, Construction Law and Municipal Procurement Law
5 Chapter 40B Affordable Housing
5 Subdivision Control Law
5 Community Preservation Act G.L. c. 44B
5 Wetlands Regulation (State and Local)
5 Elections law
5 Liquor Licensing
5 Municipal Labor Law
5 Chapter 32B
D W LIB DB\277487.10 9999/09
5dQ -H�
MUNICIPAL LAW EXPERIENCE CHECKLIST
(To be completed for each team member)
John Richard Hucksam, Jr., Esq.
Rate your experience in the following areas of municipal law using the scale below
1.
No experience
2.
Limited experience
3.
Moderate experience
4.
Advanced experience
5.
Extensive experience
5 General Municipal Law
3 Municipal Finance
5 Town bylaws and regulations
5 Open Meeting, public record, executive session, and conflicts of interest law
5 Zoning G.L. c. 40A and land use issues
3 Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax taking;
licenses; conservation and agricultural restrictions; right -of -first refusal
4 Town Meeting: drafting and review of warrant articles and motions, advice on issues
before and at Town Meeting
4 Drafting and monitoring special legislation
3 Public Bidding, Construction Law and Municipal Procurement Law
4 Chapter 40B Affordable Housing
5 Subdivision Control Law
4 Community Preservation Act G.L. c. 44B
5 Wetlands Regulation (State and Local)
3 Elections law
3 Liquor Licensing
4 Municipal Labor Law
5 Chapter 32B
D W UMM277487.10 9999/09
56Q _U
MUNICIPAL LAW EXPERIENCE CHECKLIST
(To be completed for each team member)
Kimberly M. Saillant, Esq.
Rate your experience in the following areas of municipal law using the scale below
1. No experience
2. Limited experience
3. Moderate experience
4. Advanced experience
5. Extensive experience
5 General Municipal Law
4 Municipal Finance
5 Town bylaws and regulations
5 Open Meeting, public record, executive session, and conflicts of interest law
5 Zoning G.L. c. 40A and land use issues
5 Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax taking;
licenses; conservation and agricultural restrictions; right -of -first refusal
4 Town Meeting: drafting and review of warrant articles and motions, advice on issues
before and at Town Meeting
3 Drafting and monitoring special legislation
5 Public Bidding, Construction Law and Municipal Procurement Law
5 Chapter 40B Affordable Housing
5 Subdivision Control Law
3 Community Preservation Act G.L. c. 44B
5 Wetlands Regulation (State and Local)
4 Elections law
5 Liquor Licensing
5 Municipal Labor Law
3 Chapter 32B
DWLIBDB\277487.1 X9999/09
56 D -43
MUNICIPAL LAW EXPERIENCE CHECKLIST
(To be completed for each team member)
Louis M. Ross, Esq.
Rate your experience in the following areas of municipal law using the scale below
1. No experience
2. Limited experience
3. Moderate experience
4. Advanced experience
5. Extensive experience
4 General Municipal Law
2 Municipal Finance
4 Town bylaws and regulations
5 Open Meeting, public record, executive session, and conflicts of interest law
3 Zoning G.L. c. 40A and land use issues
5 Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax taking;
licenses; conservation and agricultural restrictions; right -of -first refusal
4 Town Meeting: drafting and review of warrant articles and motions, advice on issues
before and at Town Meeting
3 Drafting and monitoring special legislation
3 Public Bidding, Construction Law and Municipal Procurement Law
3 Chapter 40B Affordable Housing
4 Subdivision Control Law
5 Community Preservation Act G.L. c. 44B
3 Wetlands Regulation (State and Local)
3 Elections law
2 Liquor Licensing
3 Municipal Labor Law
3 Chapter 32B
D W LB DB\277487.109999/09
5da -1�y
ATTACHMENT D
STATEMENT OF LITIGATION EXPERIENCE
(To be completed for each team member)
Paul R. DeRensis, Esq. and the members of Deutsch Williams
Rate your experience practicing with the following Courts, Boards and Commissions based on
the scale listed below.
1. No experience
2. Limited experience
3. Moderate experience
4. Advanced experience
5. Extensive experience
5 Trials before State Courts (District, Superior, Land Courts)
5 Trials before Federal District Courts
5 Appeals before Massachusetts Appeals Court
5 Appeals before Massachusetts Supreme Judicial Court
5 Administrative Proceedings before Massachusetts Civil Service Commission
5 Arbitration Proceedings
5 Mediation Proceedings
5 Administrative Proceedings before Massachusetts Appellate Tax Board
5 Administrative Proceedings before Massachusetts Department of Environmental
Protection
5 Administrative Proceedings before Massachusetts Commission Against
Discrimination
5 Administrative Proceedings before the ABCC
5 Administrative Proceedings before the Housing Appeals Committee
5 Administrative Proceedings before Division of Administrative Law Appeals
D W LIB DB\277487.109999/09
5da -q�
STATEMENT OF LITIGATION EXPERIENCE
(To be completed for each team member)
John Richard Hucksam, Jr., Esq.
Rate your experience practicing with the following Courts, Boards and Commissions based on
the scale listed below.
1. No experience
2. Limited experience
3. Moderate experience
4. Advanced experience
5. Extensive experience
4 Trials before State Courts (District, Superior, Land Courts)
1 Trials before Federal District Courts
3 Appeals before Massachusetts Appeals Court
1 Appeals before Massachusetts Supreme Judicial Court
1 Administrative Proceedings before Massachusetts Civil Service Commission
1 Arbitration Proceedings
2 Mediation Proceedings
5 Administrative Proceedings before Massachusetts Appellate Tax Board
4 Administrative Proceedings before Massachusetts Department of Environmental
Protection
1 Administrative Proceedings before Massachusetts Commission Against
Discrimination
1 Administrative Proceedings before the ABCC
1 Administrative Proceedings before the Housing Appeals Committee
2 Administrative Proceedings before Division of Administrative Law Appeals
D W LIB DB\277487.1019999/09
Sda-ql
STATEMENT OF LITIGATION EXPERIENCE
(To be completed for each team member)
Kimberly M. Saillant, Esq.
Rate your experience practicing with the following Courts, Boards and Commissions based on
the scale listed below.
1. No experience
2. Limited experience
3. Moderate experience
4. Advanced experience
5. Extensive experience
5 Trials before State Courts (District, Superior, Land Courts)
5 Trials before Federal District Courts
5 Appeals before Massachusetts Appeals Court
5 Appeals before Massachusetts Supreme Judicial Court
2 Administrative Proceedings before Massachusetts Civil Service Commission
4 Arbitration Proceedings
5 Mediation Proceedings
2 Administrative Proceedings before Massachusetts Appellate Tax Board
4 Administrative Proceedings before Massachusetts Department of Environmental
Protection
4 Administrative Proceedings before Massachusetts Commission Against
Discrimination
5 Administrative Proceedings before the ABCC
5 Administrative Proceedings before the Housing Appeals Committee
3 Administrative Proceedings before Division of Administrative Law Appeals
DW LIBDB\277487.109999/09
56 a -q3
STATEMENT OF LITIGATION EXPERIENCE
(To be completed for each team member)
Louis M. Ross, Esq.
Rate your experience practicing with the following Courts, Boards and Commissions based on
the scale listed below.
1.
No experience
2.
Limited experience
3.
Moderate experience
4.
Advanced experience
5.
Extensive experience
2 Trials before State Courts (District, Superior, Land Courts)
1 Trials before Federal District Courts
1 Appeals before Massachusetts Appeals Court
1 Appeals before Massachusetts Supreme Judicial Court
1 Administrative Proceedings before Massachusetts Civil Service Commission
1 Arbitration Proceedings
1 Mediation Proceedings
2 Administrative Proceedings before Massachusetts Appellate Tax Board
2 Administrative Proceedings before Massachusetts Department of Environmental
Protection
1 Administrative Proceedings before Massachusetts Commission Against
Discrimination
1 Administrative Proceedings before the ABCC
1 Administrative Proceedings before the Housing Appeals Committee
1 Administrative Proceedings before Division of Administrative Law Appeals
DW LIBDB\277487.1 ❑9999/09
56a- Hq
ATTACHMENT E
MUNICIPAL LABOR CLIENTS
ANDOVER PUBLIC SCHOOLS
ANDOVER TOWN OF
ARLINGTON PUBLIC SCHOOLS
ARLINGTON, TOWN OF
ASHLAND PUBLIC SCHOOLS
BERLIN PUBLIC SCHOOLS
BERLIN, TOWN OF
BERLIN - BOYLSTON REGIONAL SCHOOLS
BOSTON, CITY OF
BOSTON HOUSING AUTHORITY
BOSTON PUBLIC SCHOOLS
BOSTON WATER AND SEWER COMMISSION
BOYLSTON PUBLIC SCHOOLS
BRISTOL COUNTY COMMISSIONERS
BROOKLINE, TOWN OF
BROOKLINE PUBLIC SCHOOLS
CAMBRIDGE PUBLIC HEALTH COMMISSION
CAMBRIDGE PUBLIC SCHOOLS
CANTON, TOWN OF
CASE COLLABORATIVE
CHELMSFORD PUBLIC SCHOOLS
CHELSEA, CITY OF
CITY OF BOSTON CREDIT UNION
DWLI3DB\277487.1 L19999/09
5dI-51
COHASSET, TOWN OF
EDIC
FAIRHAVEN PUBLIC SCHOOLS
FITCHBURG, CITY OF
FOXBOROUGH, TOWN OF
GLOUCESTER, CITY OF
HEALTH AND HOSPITALS, TRUSTEES OF
HOLLISTON, TOWN OF
HUDSON PUBLIC SCHOOLS
IPSWICH SCHOOL COMMITTEE
LONGMEADOW PUBLIC SCHOOLS
MANSFIELD, TOWN OF
MARBLEHEAD PUBLIC SCHOOLS
MARTHA'S VINEYARD AIRPORT COMMISSION
MASSACHUSETTS BAY TRANSPORTATION AUTHORITY
MASSACHUSETTS CONVENTION CENTER AUTHORITY
MASSPORT
MASSACHUSETTS HIGHWAY DEPARTMENT
MASSACHUSETTS, COMMONWEALTH OF
(Secretary of State's Office)
MASSACHUSETTS STATE LOTTERY COMMISSION
MASSACHUSETTS TURNPIKE AUTHORITY
MASSACHUSETTS WATER RESOURCES AUTHORITY
MATTAPOISETT PUBLIC SCHOOLS
MENDON, TOWN OF
DW L[BDB\277487. l 09999/09
Isla -5a
MERRIMACK VALLEY TRANSPORTATION AUTHORITY
METROPOLITAN AREA PLANNING COUNSEL
MONTACHUSETT REGIONAL PLANNING COMISSION
NAHANT, TOWN OF
NANTUCKET PUBLIC SCHOOLS
NANTUCKET, TOWN OF
NATURAL RESOURCES TRUST OF EASTON
NEW BEDFORD SCHOOLS
NEWBURYPORT, TOWN OF
NORTHBRIDGE, TOWN OF
NORTHBRIDGE PUBLIC SCHOOLS
OLD ROCHESTER REGIONAL SCHOOL DISTRICT
PUBLIC HEALTH COMMISSION
RANDOLPH, TOWN OF
ROCHESTER CITY SCHOOL DISTRICT (NY)
SALEM, CITY OF
SOMERVILLE, CITY OF
SOMERVILLE HOUSING AUTHORITY
SOUTHBRIDGE, TOWN OF
SPRINGFIELD WATER AND SEWER COMMISSION
SUDBURY PUBLIC SCHOOLS
SWAMPSCOTT SCHOOL COMMITTEE
TAUNTON, CITY OF
TEMPLETON. TOWN OF
DW LIBDB\277487.109999/09
Sd a - 53
UXBRIDGE, TOWN OF
WAKEFIELD RETIREMENT BOARD
WAKEFIELD, TOWN OF
WAYLAND, TOWN OF
WESTBOROUGH PUBLIC SCHOOLS
WILLIAMSTOWN SCHOOL COMMITTEE
WILMINGTON, TOWN OF
WORCESTER CITY OF
DW LBDB\277487.109999/09
5,d), - 5q
ATTACHMENT F
LANDMARK CASES
Weston & Sampson CMR. Inc. v. Town of Foxborough and Barbato Construction Co Inc.,
Norfolk Superior Court C.A. # 2012- 00561. Successfully defeated Weston & Sampson's Motion
for a Preliminary Injunction. On March 26, 2012 a Two Count Complaint for TRO and
Declaratory Judgment regarding Oak Street Water Treatment plant and associated facilities was
filed. Weston and Sampson claimed that it was the lowest responsible bidder under G.L. c. 30,
§ 39M and should have been awarded the contract. An investigation into DCAM Update filings
post- certification revealed unsatisfactory performance by Weston & Sampson in other contracts.
A determination was made that Weston & Sampson was not a "responsible bidder ". The
Director of D.P.W. recommended to the board and the board in turn recommended to the Chief
Procurement Officer to award the contract to another bidder. Weston & Sampson appealed, as
its bid was numerically lower. The Complaint was dismissed with prejudice by Stipulation.
Susan Young v. Randolph, Appeals Court No. 2011 -P -1572, was Norfolk Superior Court C.A. #
2009 - 00649. Sought and successfully received Judgment for the town on the plaintiff's claims
of failure to pay compensation, pursuant to G.L. c. 149, § 150, to former employee "Pool
Manager" in the amount of over $39, 606.00, which she claimed should be doubled or trebled,
along with the plaintiff's request for costs and attorneys' fees, as allowed by the statute. We
drafted, filed and argued a comprehensive Motion for Summary Judgment on plaintiff's failure
to pay for monies she claimed were due on `authorized' compensation time, which involved both
a complicated paper trail as well as a complex employment situation that involved appointments
to various employment positions and an alleged history of authorizations for such work by her
supervisor who left the employ of the town under less than amicable circumstances and who
supported plaintiff's claim via affidavit. After our victory at the Superior Court the plaintiff
appealed filed an appeal with the Appeals Court which was later dismissed.
Town of Randolph v Darren Woolf (Police Bypass Appeal) Civil Service Commission Case
No. G1- 09 -36; Town of Randolph v. Civil Service Commission and Darren Woolf Civil Action
No. 10 -2061. Darren Woolf was bypassed for an original appointment to the police department
based on his dishonesty during interviews about the nature of a prior arrest. He filed an appeal
of the bypass with the Civil Service Commission. A full hearing was held on June 24, 2009
before an Administrative Magistrate at the Division of Administrative Law Appeals. On January
4, 2010, the Administrative Magistrate issued a recommended decision that the Town was
justified in bypassing Mr. Woolf for appointment. On February 2, 2010, Mr. Woolf filed
objections to the recommended decision, and we filed a response to those objections on February
23, 2010. On April 22, 2010, the Commission, in a 2 -1 decision, decided not to adopt the
recommended decision of the Administrative Magistrate, and instead allowed Mr. Woolf s
appeal ordering him to the top of the current requisition list for future appointments. The Town
filed an appeal of the Commission's decision to the Superior Court and the parties filed motions
for judgment on the pleadings. The parties appeared in Superior Court for oral argument on
April 13, 2011 and the court rendered its decision on April 28, 2011, allowing the town's Motion
for Judgment on the Pleadings, which sought to vacate the decision of the Civil Service
Commission and to enter a Judgment for the town. Woolf appealed, the appeal was briefed and
DW LIBDB\277487.1 L19999/09
5da -5(
argued, and on February, 2012, the Appeals Court affirmed. Woolf has now filed an application
for further review with the Supreme Judicial Court, which we intend to oppose by the required
date of April 20, 2012.
Foley v. Town of Randolph et al, Civil Action No. 07- 12213 -PBS, United States District Court,
March 11, 2009. In this case, a Fire Chief was suspended for three weeks by the Board of
Selectmen after making statements about budget and staffing issues during an official press
conference at the scene of a fatal fire. The Chief sued, claiming that his First Amendment speech
rights had been violated. The federal judge ruled against him, agreeing with our argument that
under Supreme Court precedent his statements were made as part of his job, since his duties
included communications to the media about the Fire Department. We believe that this is the first
reported decision in the country which addresses the speech rights of an employee whose job
involves interacting with the media. The decision in favor of the town was affirmed by the U.S.
Court of Appeals 2010.
McCoy v. Town of Wayland et al., Suffolk Superior Court C.A. No. 07- 1089 -G, April 10, 2008.
The court affirmed the Town's decision to fire a police officer who lied during the chiefs
investigation into whether he had falsely called in sick.
Porfido v. Boston Water and Sewer Commission, Suffolk Superior Court C.A. No. 07- 3974 -H,
March 25, 2008. The court granted summary judgment on an employee's claim that he was
wrongly terminated for violating a residency requirement.
Ameral, et al. v. City of Somerville Suffolk Superior Court C.A. No. 06- 4883 -H, March 20,
2008. The court affirmed the City's decision to suspend two police officers who failed to disclose
certain facts during investigation of a firearms discharge.
I. Fred DiCenso Trust v. Board of Assessors of Wilmington, Appellate Tax Board, November
27, 2007. The firm successfully defended denial of property tax abatements representing over
$500,000 in tax revenue for Town in a case involving industrial properties contaminated by
hazardous materials. Denial of abatements was upheld by the Massachusetts Appeals Court
(2010) in spite of claim on property owner of contamination on property.
Boston Public Schools Custodians Association BPS Labor Relations Commission, November 4,
2007. The firm obtained an order from the LRC reducing the interest calculation in an earlier
case by nearly $1,750,000, by persuading it to apply a different interest statute.
Avalon Cohasset, Inc. v. The Town of Cohasset Zoning Board of Appeals Housing Appeals
Committee, September 20, 2007. Finding for the town, after extensive hearing, regarding
Modification of Comprehensive Permit, Pro Forma, and calculation of profit in reference to G.L.
c. 40B developer's claim that denial of modification made development uneconomic.
McCain v. City of Somerville, U.S. District C.A. Action No. 07- 10646 -RCL, April 18, 2007.
The court denied a police officer's request for an injunction requiring that he be promoted off a
Civil Service list where he alleged that the City failed to promote him because he had engaged in
protected speech about City policies.
D W LB DB\277487.109999/09
5da, -57
Boston Public Schools, et al. v. Boston Teachers Union, Suffolk Superior Court C.A. No. 07-
0587 -F /Appeals Court No. 2007 -J -0080, February 12, 2007. The firm obtained an injunction
preventing the union from holding a meeting to discuss and take a vote on a strike.
King Taylor Cohasset, LLC v. Cohasset Sewer Commission et al Suffolk Superior Court C.A.
No. 03- 05614A, December 29, 2006. Finding for the town on Dispositive Motion regarding
several claims made by developer in reference with application for connection to common sewer,
pursuant to G.L. c. 83, § 3, G.L. c. 40, §21(6), G.L. c. 249, §4, and G.L. c. 231A.
Richard J. and May Petano v. Kenneth W Holdgate Jr Philip D Bartlett John J Stackpole
Polly T. Miller, and Allen Reinhard in their capacity as members of the Nantucket Islands Land
Bank Commission, Nantucket Superior Court C.A. No. 03 -25, May 16, 2005. Eminent Domain
Jury Trial pursuant to G.L. c. 79 with Jury Verdict of $900, despite plaintiffs' claim of over
$60,000 in damages.
Taggart, et al. v. Town of Wakefield et al., Appeals Court No. 2009 -P -0007. The Appeals Court
decided in December, 2010, holding that Massachusetts state law does not require that
firefighters attending basic training at the Academy in Stow must be paid for their daily travel
time to and from the Academy.
Santini v. Board of Selectmen, Middlesex Superior Court, C.A. No. 09- 0714,. The firm defeated
a motion for summary judgment and secured an order affirming the decision of the Town's liquor
licensing authority that had denied transfer of an all - alcohol license to a multi -use (gas
station/convenience store/Dunkin'Donuts) located at a busy intersection close to an interstate
highway. The court victory followed two local board hearings, an intervening state
administrative review hearing, and extensive argument by the applicant.
Donald A. Baker, et al v. The Board of Selectmen for the Town of Foxborough, Land Court
Misc. Action No. 370294 affirmed Mass. Appeals Court (Aug., 2010). The firm has represented
the Town of Foxborough in a case addressing the authority of a Town Manager under a strong
local Town Manager form of government. The Town had been sued by homeowners abutting a
"dog park" which had been constructed on conservation land owned by the Town and
administered by its conservation commission. The Town settled the lawsuit by agreeing to close
the dog park (leaving the Town free to locate the facility elsewhere) and dismissing all claims for
damages which had been asserted against the Town and its officials. The conservation
commission disagreed with the decision to settle, and wished to have the Town take the case to
trial. A group of taxpayers sought to intervene in the action in the Land Court to challenge the
right of the Town Manager to settle the action, taking the position that only the conservation
commission could approve the terms of a settlement. The Land Court agreed holding that under
the Town Manager Act for the Town, the Town Manager had the exclusive authority to manage
litigation on behalf of the Town. The decision has been affirmed by Massachusetts Appeals
Court in August, 2010.
JER Trust #2, Polly Dean Trustee v. Town of Cohasset, Norfolk Superior Court C.A. No. 2008-
00868. We succeeded at the Superior Court on a Motion for Summary Judgment on a six count
D W LB DB\277487.109999/09
Sdd -SS
Complaint concerning a Tax Taking of property located at 821 Jerusalem Road, valued at several
hundred thousand dollars. The Complaint alleged "unjust enrichment ", negligence, promissory
estoppel, breach of contract, breach of implied covenant of good faith, equitable relief and for
"an accounting ", in connection with a tax taking foreclosure for thousands of dollars in unpaid
real estate taxes. Judgment entered for the town, affirming its title to the property, and the
Complaint was dismissed on May 28, 2010.
Hanover Hills v. Town of Carlisle, Appellate Tax Board Docket Nos. X301716- X301737;
F308220; F310968. We succeeded at the Appellate Tax Board concerning the valuation of a 35-
lot residential subdivision in the Town of Carlisle. The property owner claimed that the property
should be valued as a bulk inventory of lots to be sold to a single purchaser and that the costs to
construct the subdivision roadway and utilities should be deducted from the value of the
property. The Town's Board of Assessors argued that the highest and best use of the subdivided
property was as individual retail building lots for sale to multiple purchasers with no deduction
for development costs. The Appellate Tax Board's decision in favor of the Board of Assessors
preserves thousands of dollars of tax income for the Town and is an important precedent for the
valuation of other residential subdivisions.
D W LIBDB\277487.179999/09
56a -5q
One Design Center Place
Suite 600
Boston, MA 02210
U.S. Supreme Court
Limits Use of Local
Supreme Judicial Court
Decision Reinforces
Affordable Housing
Law
Municipal Exemptions
from Liability Defended
School Bus Transporta-
tion Company Bank-
ruptcy Triggers Chapter
30B Emergency Ex-
emption
Significant Changes
Coming to Massachu-
setts Contingency Plan
Environmental Appeal
of High School Campus
Construction Permit
Decided in Favor of
Town
Supreme Judicial Court
Clarifies Reach ofArti-
cle 97
isa
ias
2
2.3
3
3
a•s
U.S. SUPREME COURT LIMITS USE OF LOCAL
IMPACT FEES
The United States
Supreme Court re-
cently rendered an opin-
ion that, in the words of
one Supreme Court Jus-
tice, will "work a revolu-
tion in land -use law."
The Court's decision in
Koontz v. St. Johns Riv-
er Water Management District, 133
S. Ct. 2586 (2013) has given developers
a potent new legal tool to challenge local
impact fees and mitigation charges by
now requiring communities to prove the
validity of such fees and charges.
The Court's 5 -4 decision arose from
the denial of an application of a
landowner, Coy A. Koontz, for a permit
to fill 3.7 -acres of wetlands to build a
small shopping center. The governmen-
tal body denying the application made
clear that it would only grant
the permit if Mr. Koontz agreed
either to reduce the size of the
development or to spend mon-
ey on any of a variety of wet-
lands- restoration projects de-
signed to offset the project's
environmental effects. When
Mr. Koontz rejected both these
options, the governmental body denied
the permit.
After the permit was denied, Mr.
Koontz sued, claiming that the per-
mit denial constituted an illegal taking
based upon two prior Supreme Court
decisions, Nollan v. California Coastal
Commission, 483 U.S. 825 (1987) and
Dolan v. City of Tigard, 512 U.S. 374
(1994).
(Cont'd on Page 4)
SUPREME JUDICIAL COURT DECISION
REINFORCES AFFORDABLE HOUSING LAW
What does it mean to be local?
Sometimes your neighbors may
determine your fate when it comes to
decisions on matters of "Local Concern"
on applications by developers for ap-
proval of low and moderate income
housing in your town. Or maybe not; it
depends on who your selected neighbors
are. According to a regional standard
applied by "expert affordable housing
market analysts ", and accepted by Mas-
sachusetts' Supreme Judicial Court in
Zoning Board of Appeals of Sunderland
v. Sugarbush Meadows, LLC and the
Housing Appeals Committee, 464 Mass.
166 (2013), when determining whether a
regional housing need outweighs matters
of local concern it is appropriate to con-
sider the housing stock of surrounding
towns, as well as that of your own. The
regulations however do not define the
relevant region for examination.
(Cont'd on Page 5)
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Law
Page 2 Volume 6, Issue 1
UIR W A-Ppeal of Trash
Facility Permit Resumes
Following Major Permit
Changes and Remand by
Land Court
While defending against our
clients' Land Court appeal of
its site design permit for a new
truck- to-rail solid waste trans-
fer station, a developer
changed major elements of the
project on the fly. In a motion
to remand the application back
to the town planning board,
Deutsch Williams' attorney
Dan Deutsch successfully
argued that those changes
seriously undermined the
premise for issuing the permit,
because the proposed facility
would remove waste by truck
instead of (or in addition to)
rail and would ship out loose
bulk waste instead of pro-
cessing it into sealed bales.
The Land Court sent the appli-
cation back to the planning
board, which approved the
Sreformulated project but re-
quired additional traffic stud -
ies. The appeal has resumed
with new expert reports con -
ceming the project's likely
impacts on our clients and the
surrounding community.
pow-,
on existing structures with good visibility? Deutsch
Williams represented the
Foxborough Water & Seaver
Commission in obtaining
both state and local permits
for outdoor advertising on a
water storage tank. The
advertising will raise revenue
for the water system and for
the benefit of the rate payers
at relatively little cost. You
too may have opportunities to
generate revenues from tradi-
tional and digital outdoor
advertising per the rules of
the Office of Outdoor Adver-
rising.
MUNICIPAL EXEMPTIONS FROM LIABILITY DEFENDED
Is your city or town taking advantage of all its legal protections against potential
for claims? In Massachusetts, municipalities receive legal protection from cer-
tain tort claims under the Massachusetts Tort Claims Act (the "MTCA ") and under
the recreational use statute (G.L. c. 21, § 17C). In a recent decision, the Massachu-
setts Appeals Court elaborated on municipal rights under the MTCA and the recre-
ational use statute.
he case involved a four -year old girl, injured when she was struck in the head
by a baseball while she was using a public playground adjacent to a public
little league baseball field. The playground and baseball field were separated by
the outfield fence and protective netting, but the netting did not run for the entire
distance of the outfield fence.
he Court, in rejecting the plaintiffs claims and ruling that the municipality
was not liable, held that to receive the benefit of the MTCA, the municipali-
ty's obligation were only to maintain what had already been constructed, namely
the playground, baseball field and the existing fencing and netting. The municipal-
ity's obligations did not include accounting for every possible way to maintain
public property to prevent injury.
The Court further went on to hold that the recreational use statute provided ad-
ditional, independent protection from liability because the municipality did
not charge any fees for use of public property and did not recklessly fail to sur-
round the entire playground with protective netting. This aspect of the Court's de-
cision should cause all municipalities to reconsider their policies of charging fees
for use of public property.
SCHOOL BUS TRANSPORTATION COMPANY BANKRUPTCY
TRIGGERS CHAPTER 30B EMERGENCY EXEMPTION
Section 8 of Chapter 30B permits an
"emergency procurement" of
goods or services when, due to an un-
foreseen circumstance, full compliance
with Chapter 30B would endanger the
health or safety of people or their prop-
erty. The statute must be complied
with to the extent reasonably possible
and the procurement should be only of
enough goods or services to meet the
emergency.
n example of an emergency pro-
curement is the recent case of a
school district represented by Deutsch
Williams.
he dis-
trict Cy �►�
had a bus (, on
transporta-
tion contract
lu
with a company that filed a Chapter 11
bankruptcy. Under federal bankruptcy
law, the district was not permitted to
terminate the contract. The bankruptcy
schedule was such that the district
would not know until mid - December
whether its contract would be kept or
rejected by the bankrupt company. If
rejected, the contract would be termi-
nated on December 20th.
his situation was an emergency
because the health and safety of
students would be jeopardized if trans-
portation was not available for the re-
opening of schools in January. The
statutory advertising requirements
would have to be waived to assure that
bus transportation would be available.
(Cont'd on Page 3)
Municipal Law Newsletter Page 3
SCHOOL BUS TRANSPORTATION COMPANY BANKRUPTCY
TRIGGERS CHAPTER 30B EMERGENCY EXEMPTION
(Cont'd from Page 2)
n anticipation of the possible rejection
of the contract, the district contacted
the second lowest bidder for the contract,
which indicated it would provide service
at its bid price if the contract with the
bankrupt was rejected. When the bank-
rupt company rejected the contract, the
district waived compliance with the statu-
tory advertising requirements and entered
into a contract with the other company for
the remainder of the school term.
As required by Chapter 30B, the dis-
trict has posted a notice of this emer-
gency procurement in the state Goods and
Services Bulletin. It will advertise for a
new transportation contract for the up-
coming school year.
SIGNIFICANT CHANGES COMING TO MASSACHUSETTS
CONTINGENCY PLAN
Massachusetts' Department of Envi-
ronmental Protection (MassDEP)
recently formally issued proposed chang-
es to the Massachusetts Contingency
Plan, as set forth in 310 CMR 40.0000
( "MCP "). Highlights of MassDEP's pro-
posed changes include:
I.Permit/Tier Classification and Numer-
ical Ranking System — Eliminating the
Tier 1 permit requirement and simpli-
fying site classification criteria to fo-
cus on risk;
4.Nonaqueous Phase Liquid and Source
Control — Eliminating the upper con-
centration limit for Nonaqueous Phase
Liquid ( "NAPL," which is a residue of
petroleum products in soil or ground-
water that can be particularly challeng-
ing to remediate) to focus more on
NAPL mobility and risk of exposure;
and
5. Risk Assessment and MCP Standards —
Revising cleanup standards and report-
able concentrations to reflect latest
2.Activity and Use Limitations — Elimi-
changes in risk assessments methods
nating the requirement that a Licensed
and technology.
Site Professional (LSP) sign an AUL
The proposed changes should signifi-
Opinion with AULs;
1 cantly expedite the clean up of con -
3.Vapor Intrusion — Allow closures of
taminated sites and reduce cleanup costs,
sites with depressurization systems
essentially reducing regulatory burdens
such as those used for radon mitiga-
without decreasing protection for the en-
tion (which are relatively affordable)
vironment. This should allow for more
to present vapors from contaminated
site closures, ease financing and encour-
soil or groundwater from migrating
age redevelopment, while safeguarding
into buildings air;
the public's interest in having a safe and
healthy environment.
ENVIRONMENTAL APPEAL OF HIGH SCHOOL CAMPUS
CONSTRUCTION PERMIT DECIDED IN FAVOR OF TOWN
The only remaining appeal of a long - standing municipal client's permit to construct a
new, $80 million high school complex on the site of its existing campus recently was
decided in the client's favor on an expedited basis. By successfully expediting and then
winning the administrative and court appeals, Deutsch Williams attorney Dan Deutsch
was able to protect project funding by the Massachusetts School Building Authority
(MSBA). Now, construction of the modern school campus is well underway with the
full use of that funding.
In eeetion with the'devel-
opment of a large mixed -used
development, Deutsch Wil-
liams' attorneys Paul DeRen-
sis and Lou Ross recently
assisted a municipality with
the negotiation of an agree-
ment for mitigation for im-
pacts from a project in an
abutting municipality. Those
negotiations resulted in miti-
gation for Deutsch Williams'
client valued at over $2.7
million. This mitigation in-
cludes upfront payments and
improvements to eight local
intersections and local infra-
structure and engineering
and design work, including
traffic monitoring for two
years, traffic - signal warrants
analysis and implementation
of new traffic signals and
other traffic -flow upgrad
5a a -� 3
Page 4 Volume 6, Issue 1
1 + 1 -? Deutsch Williams
has already done the math,
and won
fe If you take one "stored" ingre-
dient and add another "stored"
ingredient in an effort to pro-
duce a product, that's
"manufacturing." It isn't
"warehousing," as the Superi-
or Court ruled in a recent trial
of five consolidated matters.
In those lawsuits the plaintiffs
claimed that their proposed
use of a parcel, located within
the Ground Water Protection
and the General Industrial
Zoning Districts of the town
of Wilmington, was
"warehousing" and therefore
allowed "as of right" under the
town's zoning bylaws Not so,
said the Court. Despite the
fact that site plan approval had
been sought and secured and a
building permit issued, when
the true nature of the activities
proposed was uncovered and
in accordance with the evi-
dence at trial, including a post
building permit decision ren-
dered by the Building Inspec-
tor, the Court determined and
ruled that a special permit was
necessary to engage in the
activities on -site even though
= the "product" wasn't com-
pletely manufactured until
some time after it
premises.
n
U.S. SUPREME COURT LIMITS USE OF LOCAL IMPACT
FEES
n reversing the Flori-
da Supreme Court,
the Supreme Court
found in favor of Mr.
Koontz and held that the
Nollan and Dolan test
applies to cases where a
governmental body:
(1) issues a permit sub-
ject to a condition or
outright denies a permit,
and (2) requires the con-
veyance of an interest in
tangible property or a
generalized requirement
of an applicant to spend
some money.
This holding is a sig-
nificant develop-
ment in land use law.
First, it will very likely
discourage local govern-
ment officials from
communicating with
applicants rather than
discussing permit condi-
tions that might allow
projects that benefit the
community and the ap-
plicant. Second, contra-
ry to the traditional def-
erence given to govern-
ment officials and tech-
nical experts on issues
of regulatory policy, this
decision will require a
heightened standard for
scrutiny of impact fees,
shifting to the govern-
ment the burden of justi-
(Cont'd from Page 1)
fying its fees in any le-
gal challenges related to
impact fees.
The practical result
of the decision then
will be generally to limit
the use of impact fees
and, if a local govern-
ment does use impact
fees, to greatly increase
the difficulty and cost in
defending legal chal-
lenges to local impact
fees and regulations.
Given this decision, it is
now important to focus
on the legality of local
impact fees.
SUPREME JUDICIAL COURT CLARIFIES REACH OF
ARTICLE 97
Article XCVII ( "Article 97 ") of the Amendments to the Constitution of the Com-
monwealth of Massachusetts creates a public right to have clean air and water
and a clean environment. Article 97 protects the public's right to the conservation of
these natural resources by requiring the adoption of a state law by a two -thirds majority
vote before any public land acquired by any state or municipal body for park, forest,
water protection or other conservation purposes can be used for
other purposes or otherwise disposed of.
Because Article 97 is broadly drafted and because Article 97
court decisions providing guidance on Article 97 are
scarce, it is not unusual for there to be questions regarding the
applicability of Article 97.
y its decision in Mahaian v. Dept. of Envtl. Protection, 464
Mass. 604 (2013), the Supreme Judicial Court provided us with some guidance on
Article 97. At issue in Mahaian was whether the Boston Redevelopment Authority
(BRA) could convert a public park on public property originally acquired for urban
redevelopment purposes to a restaurant without the adoption of a state law by a two -
thirds majority vote pursuant to Article 97. The Court in Mahaian held that yes, the
BRA could convert that public park on public property to a restaurant without a special
act by the legislature.
(Cont'd to Page 5)
Municipal Law Newsletter Page 5
SUPREME JUDICIAL COURT DECISION REINFORCES
AFFORDABLE HOUSING LAW
The region chosen by the developer
and accepted by the Court in Su¢-
arbush Meadow consisted of the towns
of Amherst, Deerfield, Hadley, Monta-
gue and Whately, which are all located
within a twenty mile radius of Sunder-
land, the parameter chosen by the de-
veloper's expert, rather than all of the
55 municipalities within that radius,
which would also have included the
cities of Springfield, Northampton, Ho-
lyoke and Chicopee, as proposed by the
local board. In Suparbush Meadow,
the Court ruled that the Housing Ap-
peals Committee did not err in finding
a substantial regional housing need
based on the limited availability of sub-
sidized housing within the chosen six -
town region, as well as Sunderland it-
self, thus supporting the issuance of a
comprehensive permit to the housing
developer under the statute.
According to the Court state law
defines low or moderate income
housing as any housing subsidized by
the federal or state government. The
(Cont'd from Page 1)
Court reasoned that the exclusion of un-
subsidized, affordable market -rate hous-
ing is consistent with the purpose of the
law to help provide "decent, safe, low
and moderate cost housing" for low or
moderate income households, independ-
ent of short-term market conditions.
o, if it isn't subsidized by the gov-
ernment, it is not by definition
"affordable housing" and cannot be con-
sidered in weighing local concerns
against the regional need for low and
moderate income housing under the
Massachusetts comprehensive permit
act, even if it is otherwise affordable,
market -rate housing. Therefore, per the
Court's rationale, Sunderland only had
six affordable housing apartments, less
than .4 percent of the town's overall
housing stock, and was required to issue
a comprehensive permit for the con-
struction of a 150 -unit apartment com-
plex exemption from the town's usual
zoning bylaws and permitting require-
ments.
SUPREME JUDICIAL COURT CLARIFIES REACH OF
ARTICLE 97 (Cont'd from Page 4)
In its holding, the Court
clarified that the critical
component to determine
the applicability of Arti-
cle 97 is whether or not the
public property was ac-
quired for Article 97 pur-
poses, not whether the
public property is ever
used for Article 97 purpos-
es. The Court reasoned
that the BRA'S acquisition
was for the redevelopment
of blighted property, so
that even though a portion
of that property was subse-
quently used as a park,
Article 97 did not apply or
require the permanent use
of that portion of the prop-
erty for a park.
y its holding, the
Court limited prior
opinions regarding the
breadth of Article 97 and
provided much welcomed
clarification. However,
the Court still left the door
open for instances where
acquisitions of property for
purposes other than Arti-
cle 97 purposes could be
deemed to be converted
into Article 97 land upon
demonstration of a specific
intent to do so. If you are
the owner of public land or
seek to own or use public
land the lawyers at
Deutsch Williams would
be happy to advise you as
to whether Article 97 ap-
plies, requiring you to ob-
tain a special act before
any change of use or dis-
position of such public
property.
5d a - V5
MDEUTSCHIWILLIAMS
One Design Center Place
suite 600
Boston, MA 02210
Phone: 617.951.2300
Fax: 617.951.2323
Compiled by: Louis M. Ross, Esq.
Produced by: Heather McCarthy
Municipal Law Department:
Paul R. DeRensis, Esq.
1.)dcreiisis@dNvbostoii.com
dNvbostou.com
Valerie Swett, Esq.
vswett dwboston.com
Rodney G. Hoffman, Esq.
rhoffmankt',.dceboston.com
John Richard Hucksam, Esq.
j hucksamQdwbo s ton. corn
Kimberly M. Saillant, Esq.
ksaillant a.dwboston.com
Louis M. Ross, Esq.
lross a,dwboston.com
We're Iffieebi www.d
Deutsch Williams Brooks DeRensis & Holland, P.C. is a
Boston -based law firm providing a wide range of legal
services. Our clients include cities, towns, school com-
mittees, public agencies, corporations, closely held busi-
nesses, insurance carriers, non -profit corporations and
individuals.
Deutsch Williams enjoys a scale of operations large
enough to serve our clients' needs hilly without sacrific-
ing responsiveness and personal attention. It is our
philosophy of practice to keep sight of client goals and
respond with competent advice, aggressive advocacy and
timely follow through Deutsch Williams regards a posi-
tive, responsive relationship with our clients as the key
to our effectiveness as counsel.
Whatever a client's needs, a Deutsch Williams attorney is
available to listen, confer and take responsibility for
achieving a timely, cost - efficient resolution of the mat-
ter. We believe in bringing to each client- attorney rela-
tionship a personal component that is result- oriented.
The information in this newsletter is provided for information-
al purposes only and should not be considered legal advice.
Deutsch Williams' Attorneys Named Super Lawyers in 2013
As in past years, several Deutsch Williams attorneys were named
Massachusetts Super Lawyers in 2013. Steve Brooks, Paul
DeRensis, John Foskett and Rob Hillman were named Super Law-
yers and a fifth -- Jan Gould -- was named a Rising Star. Super
Lawyers is an independent rating service of outstanding lawyers
from more than 70 practice areas who have attained a high - degree
of peer recognition and professional achievement.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Late
5-d a -(D�
State Ethics Commission
Approves Exemption for
Public Employees'
Financial Interest in
Contracts
Ongoing Implementation of
New C,immal
Background Check Law
Anti - Bullying Statute
Broadened to Include
School Staff as Possible
Aggressors
Massachusetts Courts
Weigh in on Association!
Discrimination Claims
Educator Evaluation and
District- Determined
Measures
Firm Announcements
STATE ETHICS COMMISSION APPROVES EXEMPTION FOR
PUBLIC EMPLOYEES' FINANCIAL INTEREST IN CONTRACTS
i
On January 16, 2014, the
State Ethics Commission ap-
proved a major exemption to
1 the Commonwealth's conflict
of interest law. Under the new
exemption, state and munici-
pal employees — including
2 elected officials —are permit-
ted to have financial interests
in public contracts, as long as
they meet certain conditions.
2 A public employee may
now retain a financial interest
in a contract with a public
e agency, as long as that interest
predates the employee's public
service. Such employees may
not, however, participate in
4 any negotiations concerning
the contract. The Ethics Com-
mission requires the employee
to submit a form identifying the
contract and providing infor-
mation about his or her finan-
cial interest in that contract.
The exemption also makes it
possible, under some circum-
stances, for a current public
employee to acquire a financial
interest through inheritance or
from a disabled relative, or to
acquire an interest in a new
public contract that is substan-
tially similar to another contract
predating that employee's pub-
lic service.
The Ethics Commission ap-
proved the final version of the
exemption on January 16,
2014 after accepting public
comment on the original draft
and holding multiple public
hearings. A previous draft
excluded publicly bid con-
tracts, which are often very
lucrative, but the final version
allows them.
The attorneys of the Deutsch
Williams Labor and Employ-
ment Law department are
available to educate and train
public employees on the im-
portant details of the Com-
monwealth's conflict -of-
interest law.
ONGOING IMPLEMENTATION OF NEW CRIMINAL BACKGROUND CHECK LAW
The 2013 -2014 school year marks the
initial implementation of new back-
ground check requirements signed into
law by Governor Patrick last year. The
law makes national background checks
mandatory for school employees, in
addition to the state -level CORI checks
already required every three years.
CORI checks reveal criminal history
only in Massachusetts, previously creat-
ing a dangerous loophole for school
employees (or applicants for employ-
ment) who might have criminal records
elsewhere. Prior to the law's passage,
Massachusetts was the only state in the
nation that did not require national fin-
gerprint -based criminal background
checks of school employees.
The new law applies to public and
private K -12 schools, but not to institu-
tions of higher education — unless they
are running day care, early education,
or special education programs as well.
Substitute teachers are also school em-
ployees under the law, and must have
background checks. Additionally, the
law applies to independent contractors
performing work at public or private
schools.
Beginning with the current school
year, all newly hired school employees
(whether in licensed or unlicensed posi-
tions) must submit to a national back-
ground check. School districts have
three years, however, to `phase in' cur-
rent and returning employees, which is
currently happening on a rolling basis.
At the annual meeting of the Massachu-
setts Council of School Attorneys, in
December 2013, Lucy Wall (an attor-
ney with the Department of Elementary
and Secondary Education) explained
that most schools are in the process of
conducting checks alphabetically, as
they phase in all existing employees.
The Executive Office of Public Safety
and Security (EOPSS) continues to add
(Cont'd on Page 3)
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attoineys at Laiv
Page 2
ANTI - BULLYING STATUTE BROADENED TO INCLUDE SCHOOL STAFF AS
POSSIBLE AGGRESSORS
An Act Relative to Bullying in
Schools, enacted in 2010, offers defini-
tions of both bullying and cyberbullying,
and requires each school district (as well
as approved private schools and charter
schools) to develop and implement a
plan for addressing this difficult prob-
lem. The Department of Elementary and
Secondary Education (DESE) created a
Model Bullying Prevention and Inter-
vention Plan that year, but a September
2013 update has broadened the plan's
applicability. Under Sections 72 -74 of
Chapter 38 of the Acts of 2013, the re-
vised Model Plan has updated the defini-
tion of "aggressor" (perpetrator) to in-
clude the following:.
Ag essor is a student or
member of a school staff who en-
gages in bullying, cyberbullying,
or retaliation towards a student.
(Emphasis added.)
School staff members include, but are
not limited to, "an educator, administra-
tor, school nurse, cafeteria worker, cus-
todian, bus driver, athletic coach, advi-
sor to an extracurricular activity or
paraprofessional." Under the revisions,
school districts are responsible for ad-
dressing bullying of students at the
hands of not only fellow students but
also school personnel. The definition
of "target" (victim) remains unchanged,
and includes students only: the Massa-
chusetts statute does not apply to bully-
ing or cyberbullying directed at a mem-
ber of the school staff.
Bullying, as defined in the Model
Plan, is "the repeated use by one or
more students or a member of a school
staff of a written, verbal, or electronic
expression or a physical act or gesture
or any combination thereof' that causes
physical or emotional harm to the tar-
get, damages the target's property, plac-
es the target in reasonable fear of harm,
creates a hostile environment at school,
infringes on the target's rights, or mate-
rially and substantially disrupts the edu-
cation process. Cyberbullying is any
bullying conducted through the use of
technology or electronic devices, and is
likewise prohibited. The statute re-
quires schools to train teachers, and to
educate students, about responding to
and preventing bullying.
The attorneys in the Deutsch Williams
Labor and Employment Law
department are available to assist our
clients in developing and implementing
an effective policy to address and pre-
vent bullying in schools.
MASSACHUSETTS COURTS WEIGH IN ON ASSOCLATIONAL DISCRIMINATION CLAIMS
Claims of associational discrimination
are a developing source of new Massachu-
setts case law in both state and federal
court. To make such a claim, a plaintiff
alleges that his or her employer subjected
the employee to an adverse employment
action based not on the employee's own
protected status, but on the protected status
of someone with whom he or she associ-
ates. In Flagg v. AliMed, Inc., the plaintiff
argued that his termination was due to his
wife's disability (and the attendant health
care costs), but a superior court judge dis-
missed the claim. This summer, the Su-
preme Judicial Court reversed that ruling
and allowed the claim to proceed, approv-
ing associational discrimination as a valid
claim under the Commonwealth's Fair
Employment Practices Act (FEPA) and
expanding employee rights under that law.
The following month, however, the Ap-
peals Court of Massachusetts affirmed the
dismissal of another association] discrimi-
nation claim, in Lashgari v. Zoll Medical.
In that case, a terminated employee alleged
that he suffered an adverse employment
action from his employer after discussing
his child's autism. Acknowledging the
standard established in Flagg, the Appeals
Court nevertheless held that the plaintiff in
Lashgari failed to state a claim, as he did
not allege a connection between the con-
versation about his son's disability, and the
adverse action taken against him. This
case effectively narrowed the Flagg stand-
ard.
Most recently, in November 2013, the
United States District Court for the District
of Massachusetts rejected an associational
discrimination claim under FEPA. The
plaintiff in Perez v. Greater New Bedford
Vocational Technical School District was a
special education coordinator who claimed
that her termination was the result of her
advocacy on behalf of disabled students.
The federal district court, relying on the
SJC's decision in Flagg, dismissed the
claim of associational discrimination be-
cause it was not a familial association, and
because the plaintiff had not alleged that
she was subject to the same prejudices or
stereotypes as the protected class for which
she advocated. The judge found that her
association was too attenuated.
All three recent decisions further refine
the Massachusetts standard for these types
of claims. Employers should take care to
limit their exposure to associational dis-
crimination claims, as this area of the law
continues to develop.
Deutsch Williams encourages employers to
work closely with our Labor and Employ-
ment Law department to develop effective
policies and make informed employment
decisions. Please contact one of our attor-
neys for assistance.
5_da_��
Labor and Employment Law Newsletter Page 3
EDUCATOR EVALUATION AND DISTRICT - DETERMINED MEASURES
Under the Department of Elemen-
tary and Secondary Education's
(DESE) new educator evaluation
framework, educators will receive
both a Summative Performance Rat-
ing and a Student Impact Rating. A
particularly important factor in deter-
mining the Student Impact Rating
will be District - Determined Measures
(DDMs).
The new regulations define DDMs
as "measures of student learning,
growth, and achievement ... that are
comparable across grade or subject
level district - wide." Using these
DDMs, the evaluator shall determine
whether an educator's impact on stu-
dent learning is high, moderate, or
low —based on at least two years of
data, and two different measures.
(Wherever possible, one measure
must be a statewide growth measure,
such as MCAS Student Growth Per-
centiles, but these are currently una-
vailable for most educators in the
Commonwealth.)
This fall, DESE issued a revised
timeline for the implementation of
DDMs across the Commonwealth.
Based on this revised timeline, all
districts must pilot at least one DDM
during the 2013 -2014 school year.
By June 1. 2014, each district must
submit its final plans both for im�le-
menting DDMs and for collecting the
first year of Student Impact Rating
data during the 2014 -2015 school
y�ar. A district will also be able to
apply for a one -year extension for
specific grades or subjects in which it
has not yet identified DDMs. In the
2015 -2016 school year, districts will
fully implement DDMs and collect
the second year of Student Impact
Rating data.
Districts should work with a team
of administrators and teachers to
identify and select appropriate DDMs
for each grade and subject, and
should clearly communicate with
educators about the measures' devel-
opment, implementation, and use.
Sample DDMs, and documents offer-
ing guidance in determining those
appropriate for each district, are
available on the DESE website as a
helpful starting point.
For more information about develop-
ing DDMs for your school district,
including potential bargaining obli-
gations, please contact one of the
attorneys in our Labor and Employ-
ment Law department.
ONGOING IMPLEMENTATION OF NEW CRIMINAL BACKGROUND CHECK LAW
testing sites and eventually expects to
have more than thirty sites available,
many of them mobile. The EOPSS is
currently developing an implementation
guide and assessing the feasibility of
the three -year implementation schedule.
In the meantime, school districts should
make sure they are on pace to complete
background checks for at least one third
of thew staff during the current school
y�ar•
The national background check is
only necessary once per employer. A
teacher or other staff member who
moves to another job within the same
school district does not require a new
background check. Massachusetts CO-
(Cont'd from Page 1)
RI checks remain mandatory, however, at no fee for the state -level CORI checks.
least once every three years.
The cost of the background check
(ranging from approximately $35 for
nonlicensed employees to $55 for li-
censed employees) is the responsibility of
the employee or applicant, as is the case
in nearly every other state. There remains
The law does provide for a hardship
exception, if any employee is unable to
pay the cost of the background check
and seeks reimbursement from the
school or district.
For more information regarding the
new background check law, including
potential bargaining obligations, please
contact one of the attorneys in our
Labor and Employment Law depart-
ment.
5_da__�q
DwDEUTSCH I WILLIAMS
One Design Center Place
Suite 600
Boston, MA 02210
Phone: 617.951.2300
Fax: 617.951.2323
Produced by: Lauren Mongillo -
Labor and Employment Law
Department:
Elizabeth B. Valerio, Esq.
evalerioRldwboston.com
John Foskett, Esq.
jfoskett a dwboston.eom
Brian Magner, Esq.
bmagncr(i` dwbos ton.com
Robert D. Hillman, Esq.
rhilhnan a,dwboston.com
Jan M. Gould, Esq.
igould a,dwboston.com
Sandy A. Curko, Esq.
scurko(a_dwboston. com
Nicholas J. Dominello, Esq.
ndouunello(aM wbo ston.com
Hilary K. Detmold, Esq.
hdcmiold c dwboston.com
Visit us online!
www.dwboston.com
Deutsch Williams Brooks DeRensis & Holland, P.C. is
a Boston -based law firm providing a wide range of legal
services. Our clients include cities, towns, school com-
mittees, public agencies, corporations, closely held
businesses, insurance carriers, non -profit corporations
and individuals.
Deutsch Williams enjoys a scale of operations large
enough to serve our clients' needs fully without sacrific-
ing responsiveness and personal attention. It is our
philosophy of practice to keep sight of client goals and
respond with competent advice, aggressive advocacy
and timely follow through. Deutsch Williams regards a
positive, responsive relationship with our clients as the
key to our effectiveness as counsel.
Whatever a client's needs, a Deutsch Williams attorney
is available to listen, confer and take responsibility for
achieving a timely, cost - efficient resolution of the mat-
ter. We believe in bringing to each client - attorney rela-
tionship a personal component that is result- oriented.
The information in this newsletter is provided for information-
al purposes only and should not be considered legal advice.
FIRM ANNOUNCEMENTS
Liz Valerio and Jan Gould each con-
ducted training sessions at the recent
Joint Conference of Massachusetts
Association of School Committees and
Massachusetts Association of School
Superintendents. Jan addressed bully-
ing prevention and related poli-
cies. Liz trained participants on col-
lective bargaining and interest -based
bargaining.
Brian Magner has just concluded his
term as president of the Massachusetts
Council of School Attorneys. He will
continue as a member of the COSA
Executive Committee for the 2014
term as the past- president. He also
serves as a member of the Advisory
Council to the Division of Labor Rela-
tions, a position to which he was re-
cently appointed by Governor Deval
Patrick.
Hilary Detmold has joined the firm as
an associate in the Labor and Employ-
ment Law department. Hilary gradu-
ated from Suffolk University Law
School, where she was editor -in -chief
of the Suffolk University Law Review.
Hilary was recently admitted to the
Massachusetts bar and to the United
States District Court for the District of
Massachusetts.
John Foskett of the Labor and Em-
ployment Law practice group, as well
as his colleagues Steve Brooks, Paul
DeRensis, and Rob Hillman, were
named 2013 Super Lawyers. We are
also proud to recognize Jan Gould, of
the Labor and Employment Law and
Litigation departments, who was
named a 2013 Rising Star.
DEUTSCH I WILLIAMS I BROOKS I DERENSIS & HOLLAND, P.C. Attorneys at Law