The Virginian-Pilot
©
NORFOLK
Mayor Paul Fraim's law firm is defending the Norfolk Community Services Board and its executive director in a defamation lawsuit, an arrangement that does not pose a conflict of interest, according to the ethics counsel for the state bar association and the city attorney.
Todd Fiorella, a partner in Fraim's law firm, was retained in November by Scottsdale Insurance to defend the agency.
Fraim said his law firm, Fraim and Fiorella, has handled hundreds of cases for Scottsdale and its parent company, Nationwide Insurance, in more than 34 years. He approved Fiorella's request to represent the Community Services Board, whose liability insurance is with Scottsdale, he said.
"Our contract, if you will, is with the insurance company," Fraim said. "They are paying our bill, not the Community Services Board.
"We have no contract with the Community Services Board. That removes us from any question of a conflict of interest."
"We're going to do a good job for them," he said.
The Community Services Board is a state-chartered institution that is not a part of the city, but it is closely aligned with City Hall. The City Council, over which Fraim presides, appoints the agency's governing board. The agency also receives annual funding from the city and the city attorney's office provides legal advice.
James M. McCauley, ethics counsel for the Virginia State Bar Association, said that as long as the council or the agency's board doesn't have a say on any potential lawsuit settlement, there is "not even an appearance of a conflict of interest."
City Attorney Bernard Pishko said Monday that any decision on a settlement will be made by the insurance company.
At Fraim's request, Pishko also issued a written opinion Monday, saying the contract to defend the agency does not violate the state's conflict of interest laws.
"Under the act, the contract is legal and proper," Pishko wrote.
However, Kevin Martingayle, the Virginia Beach attorney who filed the defamation lawsuit, said he might subpoena council members.
"I'm confident there will be some degree of involvement with the Norfolk City Council," he said.
Martingayle also called McCauley to provide specifics of the case. Fraim described Martingayle's phone call to McCauley as an "extraordinary step."
"Apparently, he wants this law firm out of the case. That's what this is all about," Fraim said.
If a judge requires the deposition of Fraim and other council members, "then we may have to rethink our position," Fraim added.
The defamation suit is a result of the discovery last spring that a former office assistant, Jill McGlone, had been placed on suspension and provided $320,000 in pay and benefits over 12 years by the Community Services Board even though she did not show up for work.
McGlone was fired in May, shortly after agency head Maureen Womack made the discovery, Womack said. Womack then turned the case over to the city attorney's office, which investigated. Womack fired or forced the resignations of another five employees in September in connection with her revelations about McGlone.
In announcing the five departures to the media, Womack said the employees were guilty of "an egregious error in judgment."
Human resources officer Linda Berardi and director of clinical services Anthony Crisp were among those forced to resign. Martingayle filed a defamation lawsuit on their behalf in November against Womack and the agency. Martingayle said Womack slandered his clients at a press conference when she announced in September that five employees had been forced to leave the agency.
He also said his clients frequently told superiors about McGlone's status as a suspended employee.
Court records indicate the case is scheduled for trial on Aug. 31.
Martingayle said he was caught off guard when the mayor's law firm began to represent the Community Services Board and Womack.
Fraim said he agreed that Fiorella should accept the case "because we want to maintain a good working relationship" with Scottsdale. Even though he is technically a part-time mayor, Fraim said he works full time in the post and rarely practices law. He leaves nearly all legal work to the four other attorneys in his office.
"It occurred to me at some point that I might have to explain this," he said.
"There is some kind of conflict every time we walk into a courtroom in Norfolk," he added. "But this is how we make a living. We certainly analyzed the conflict issues and concluded there were none."
Harry Minium, (757) 446-2371, harry.minium@pilotonline.com
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Conflict of interest-the mayor's law firm!!!!
Another prime example of why Norfolk needs new people! The mayor's law firm has no business representing the CSB or anybody else directly or indirectly related to city services paid by taxpayers!
Conflict of interest-the mayor's law firm!!!!
Another prime example of why Norfolk needs new people! The mayor's law firm has no business representing the CSB or anybody else directly or indirectly related to city services paid by taxpayers!
Conflict of interest-the mayor's law firm!!!!
Another prime example of why Norfolk needs new people! The mayor's law firm has no business representing the CSB or anybody else directly or indirectly related to city services paid by taxpayers!
http://hamptonroads.com/2009/
http://hamptonroads.com/2009/03/twist-involving-norfolk-lobbying-firm-clouds-port-deal
See the above article where the mayor discusses a conflict of interest. But, I guess its not a conflict of interest if the mayor is the one profiting.
Use your vote to make real change...
May 2012 is coming, and all of you folks who are "upset" (nice word) at what is going on in Norfolk need to make your vote count. That is the only way you are going to see real change. Replace the super ward seats (Winn and Williams) with some fresh faces and independent voters. Look for people who will be accountable to the people and not big business (and not backed by the Mayor, like the last elected candidate). Love that during election time, everyone is all about transparency, and then once elected they don't want any part of video taped informal council sessions. The exceptions, and the only ones worth keeping, are Tommy Smigiel and Andy Protogyrou, but they are only two votes. We need more like them on Council! VOTE May 2012!
your'e right follow the
your'e right follow the money your money cause that what they are spending. Look at the landlords and their connections you say privatize they are private because we pay them with no return. You do not want the city in the landlord business. well instead of looking for places to rent why cant they do something with all this land. we have with nothing on it trying to build more homes and sell to developers that create what no one can afford to live in or they are empty when they get built. Build a community services complex and put all services inside and get all those crazy organizations out of city hall.
Again I say. We should win
Again I say. We should win this one and it should all be done for free right? We have a power player in our city and he does not care about the thing you call politics that was proven last election. He threw a meet and greet so we could get to know one of the candidates. Now come on he wasnt worried about his own campaign he was out working for someone else that tells me that he needed this person to make it. of course they did aI think the only person not in his pocket is Smigiel. Well Riddick is still outspoken and hanging on but he is a lot quieter and calmer than ever and maybe not as sharp as the past so they are slipping by him. We have one person to gain total control so it will be prevalent even in their absence.
attorneys out there please respond
It makes no sense for the Mayors Law Firm to be so close to this for conflict of interest we all can agree. BUT, I can not understand why the Mayor would risk the political fall out representing CSB... UNLESS....
QUESTION FOR A LAWYER: Does being the law firm in this case allow control of evidence..or sealing records or any other public disclosure of this case as it goes forward reguardless of outcome of the law suit????
THAT would make sense of this...scarey as it is.
and why sue for defamation?
Wonder why they sue for defamation if there is no wrong doing by anyone why would not the law suit be for wrongful termation? I wish the Va Pilot would do a legal story about this stuff. Maybe I have seen to many TV shows..but no wrong doing...how about falsifying city and federal payroll records. Falsifying insurance and benifit filings..was this person paid by direct deposit? (wire fraud) or by mail (mail fraud)....mis-allocating company and or tax funds....what form do they fill out for "NO SHOW" status? Or is there another form that states employee status and what was checked and who signed that? And did the no show employee use any benifits over the years that are fraudently obtained? ect..ect..ect..
This has coverup written all
This has coverup written all over it. Mayor Fraim, you and City Attorney Bernard Pishko should just resign before this hole gets any deeper. The city of Norfolk has no creditability anymore. No one believes you or your city attorney. With light rail, the fisaco with the chief of police with the police recruit and his credit card, The CSB where the city is responsible responsible, but yet not responsible, and now your law firm is representing is representing them, I would say to the both of you, get out now and resign with what little dignity you have left. This stinks to high heaven.