Giovanni Cicione named Tiverton solicitor

4-3 vote caps raucous, marathon meeting

By Tom Killin Dalglish
Posted 12/28/18

TIVERTON — For a little over three-and-a-half hours, speaker after speaker in a standing-room-only Town Hall, rose to oppose the appointment of Giovanni Cicioni to be Tiverton town solicitor. 

But at the end of it, by a vote of 4-3 shortly before midnight, the council majority approved the appointment of Mr. Cicioni, who begins his duties as town solicitor immediately. 

 

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Giovanni Cicione named Tiverton solicitor

4-3 vote caps raucous, marathon meeting

Posted

TIVERTON — For a little over three-and-a-half hours, speaker after speaker in a standing-room-only Town Hall, rose to oppose the appointment of Giovanni Cicioni to be Tiverton town solicitor. 

But at the end of it, by a vote of 4-3 shortly before midnight, the council majority approved the appointment of Mr. Cicioni, who begins his duties as town solicitor immediately. 

It was a council session filled with shouting from the audience, which was critical (except for audience member Richard Rom), and featured council members and a council president who despite the tumult remained even-tempered. 

About 100 people were crowded into council chambers for the occasion.

Voting in favor were Council President Rob Coulter, Council Vice-President Justin Katz, and councilors Nancy Driggs and Donna Cook. Against, were Denise deMedeiros, Patricia Hilton, and Joe Perry Jr. 

Mr. Cicione's level of compensation was also said to be accommodated in the budget, but no details about his pay and benefits were mentioned at the meeting — an absence that was noted several times by the audience. (An agreement was ultimately disclosed, however, by Town Administrator Jan Reitsma early Friday afternoon, see below.)

At 8 p.m., the meeting turned to the question of hiring a new solicitor. Without introduction or comment, Councilor Nancy Driggs moved for the appointment of Giovanni Cicione. Her motion was immediately seconded by Donna Cook.

Councilor deMedeiros, along with Councilors Hilton and Perry, said they preferred a process for hiring a new solicitor that involved an RFP (request for proposals) process — that entailed advertising and soliciting bids. 

After Ms. Driggs made her motion to put Mr. Cicione's name into play, Ms. deMedeiros said that no resume or background information for Mr. Cicione had been provided.

"I have interviewed this candidate for the town council," said Ms. Driggs.

"I object, I object," said Councilor deMedeiros, to loud applause. At which point there was shouting in the audience, and cross talk among the councilors. 

"Individual councilors should not be interviewing lawyers without ... talk about a back-room deal," Ms deMedeiros said.

"I object, and I think that's an open meeting violation, take note of that," Ms. deMedeiros said. 

Ms. Driggs continued. "I have spoken with the candidate, of whom I am a sponsor, and feel he is competent for the following reasons, that I believe the council should consider." And she proceeded to give a short history of Mr. Cicione's career.

"I think he is more than qualified to serve as solicitor until June 30," Ms. Driggs said.

"If he is so qualified," Ms. deMedeiros said, "let him apply," referring to the RFP approach she, Ms. Hilton and Mr. Perry preferred for selecting a solicitor.

"Even if I felt separately from what I think are the potentially ethical issues around all this," said Ms. Hilton, "the idea that I would vote to hire somebody without doing any due diligence is a complete abdication of our responsibility to the voters.'

And so the debate went on, for another two hours.

At the heart of the objections voiced to hiring Mr. Cicione, and to three of the members of the council majority doing the hiring, is the fact that the three have filed a lawsuit against the town they have been elected to govern. And In a second pending lawsuit, Mr. Katz alone is suing the town.

"I don't think there is any kind of an ethical issue," said Council President Coulter.

"This is just crazy," one person in the audience said. "This isn't a job interview," someone said, when the suggestion was made to interview Mr. Cicione during the meeting.

"There's something that smells rotten in the Town of Tiverton," said Barbara Martin, "and it really stinks."

In evident reference to the normal RFP procedure for making hires in the town administration, Lise Gescheidt, a lawyer who serves as chairwoman of the town zoning board, said, "why this [RFP] procedure is being short-circuited is beyond my comprehension." 

Ms. Gescheidt, is chairwoman of the Ethics Advisory Panel of the Rhode island Supreme Court, which gives guidance to lawyers in the state about ethical concerns in their legal practice.

"I was a criminal lawyer for 41 years and I would have just loved to pick my opposing counsel," Ms. Gescheidt said. 

Having reviewed Mr. Cicione's credentials, she said, "he does not have the requisite experience.This is a very specialized field." It would be a "tremendous disservice to the town" and be "prejudicial to the town" she said, to hire him.

"It just doesn't make sense that you're hiring your own opposing counsel," another woman in the audience called out.

Richard Rom spoke in favor of continuing the entire discussion until a later date.

Later in the meeting, Mr. Cicione was interviewed by the majority of four TTA councilors, while councilors deMedeiros, Hilton and Perry recused themselves from the interview process.

Criticism of the council continued unabated untIl the vote to hire Mr,.Cicione was taken later. 

"Mr. Coulter, you've only met him (Mr. Cicione) tonight," said Russ Smith.

"We're going to vote for a man none of us know," said Deborah Janick

Shortly after 11:30 p.m. the 4-3 vote was taken

Professional services agreement

An "interim  professional services agreement," not available the night of the council meeting on December 27, but dated that date, has been executed.  

Under the agreement, the law firm of Cameron and Mittleman is appointed town solicitor, with all of the legal and other staff staff of the law firm available to provide services to the town, and with Giovanni Cicione serving as lead attorney. 

The term of the agreement is December 27, 2018 to June 30, 2019. Lawyers from the firm will maintain solicitor hours in Town Hall for a minimum two hour period at least two weeks per month (currently Wednesdays from 10 a.m. to 12 noon). 

They will attend town council meetings and public hearings and, when required, attend workshop sessions. They will provide legal advice to all boards, commissions, and agencies of the town except the school department.

Annual fees billed, paid on a prorated monthly basis, will be $98,000 for general solicitor services, $28,000 for zoning and land use, and a cap of $5,000 for 25 hours of attorney time billed at $200 hourly for other civil matters, and at $295 hourly above the cap.

Other lawyers currently representing the town in specialized matters will continue to do so, as follows: Timothy C. Cavazza (labor), and John Bernardo (criminal prosecution).

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