Town Attorney Denies Conflict Following Selectman’s Allegation

By John Voket

Town Attorney David Grogins said this week that according to state judiciary guidelines, his own firm’s ethics review panel, and the Newtown Ethics Code, there is no conflict or appearance of a conflict of interest as alleged by Selectman William Furrier in a March 18 e-mail to another town official and constituent.

Mr Grogins also said that prior to that e-mail noting the appearance of a conflict, Mr Furrier never thought to ask about the matter either through private or official channels.

In an April 13 interview attended by First Selectman Pat Llodra, the town attorney told The Bee he has spent the better part of 40 years engaged in the law. And despite any personal feelings he or a client may have about a legal situation, Mr Grogins said he is personally and professionally bound to provide advice to his clients based on strict adherence to professional ethics, and the facts surrounding each case.

Mr Grogins said it is a fact that he has represented Claris Construction, which is a client of his firm Cohen and Wolf. And Claris Construction has been involved in a couple of high profile projects at Fairfield Hills as a contractor for Peter D’Amico and the Newtown Youth Academy, but never for the town.

More recently, Claris provided schematic designs for what Mr Grogins classified as “a single-purpose LLC [limited liability corporation]” whose principals are pitching a possible residential conversion of Cochran House at Fairfield Hills. That LLC is not a client of Cohen and Wolf or Mr Grogins.

Furthermore, he said the town has not entered into any formal relationship with that development group. And as a function of his duty to the town, Mr Grogins said he accepted and filed on the request of Mrs Llodra a letter of intent regarding the proposed residential project.

Among other paperwork, that file includes the schematic designs from Claris because Claris provided them to its client, the aspiring developer.

This appears to be the issue that prompted Selectman Furrier to write constituent and fellow Independent Party of Newtown member Karen Pierce via e-mail that Mr Grogins appears to be in conflict of interest because of the connection.

In the e-mail, Ms Pierce asks the selectman to comment on rumors that there is a conflict of interest with the town attorney.

“For years I have heard rumors that our Town Attorney [David Grogins] and/or his firm [Cohen and Wolf] represent Claris Construction ...if so, then we have a conflict of interest...” Ms Pierce’s e-mail states.

Mr Furrier replied: “It is clear that the schematic diagrams were prepared by Claris Construction. Is it true that Attorney Grogins represents Claris Construction? If so, then your assertion that an appearance of a conflict of interest does exist, and if so, then I believe that Mr Grogins, in my opinion, should not represent Newtown in this matter.”

Claris Connection ‘Vetted’

When questioned about the allegation at a subsequent selectmen’s meeting, Mr Furrier said he would offer no comment on the e-mail.

The town attorney said he is convinced there is no conflict or appearance of one, and a three-way vetting of any ethical implications proves the two issues are separate. Mr Grogins added that while he is loathe to perpetuate further discussion on the matter, he felt obliged to respond when asked about the appearance or allegations of a conflict.

The town attorney said his professional relationship with both Claris and the town has been fully vetted by an ethics review committee at his firm, which has found no such conflict, but he is legitimately concerned about the allegation and “takes very seriously” such assertions, particularly when they come from one of the community’s top-ranking elected officials.

“My company has a formal procedure about these kind of things, and you cannot even open a file unless you’ve been vetted through that process. That includes a committee review to determine if we can represent that client,” Mr Grogins said. “Claris has been a contractor for Peter D’Amico and the Newtown Youth Academy, and I can’t represent Claris related to anything involving Newtown.

For example, Mr Grogins said, “If Claris was interested in leasing a building in Newtown, I couldn’t represent either.”

He said in another case where Claris provided services to a veterinary group proposing a building lease at Fairfield Hills some time ago, it was deemed appropriate for him to continue representing the town on the project.

“It was determined that there was no conflict under the state judiciary rules of professional conduct in the case,” Mr Grogins said. “In this case with the new developer, I don’t even know the names of the principals involved in the LLC. And the first time I became aware of the Claris connection was when I received the file on Pat’s behalf,” he added referring to the first selectman.

Mr Grogins said that since Claris is a client of his firm, other attorneys at Cohen and Wolf have also represented the construction company in Newtown, Brookfield, and Stratford.

Even in terms of the Newtown Code of Ethics, Mr Grogins said that the provision in Section 36-5 would call for the town attorney to “disqualify himself from decisionmaking” on any public project.

“But we are a long way from there,” Mr Grogins said, noting the need for both a master plan and zoning regulation change that would be required before any such residential development moves into the purview of the Board of Selectman.

“Only after that would I potentially be involved in a legal review,” Mt Grogins said. “And if Claris became part of the contracting party, it could be perceived as a potential conflict so I would have to get out of the case.”

Mr Grogins said that in 40 years of practicing law and representing the town for about 20 years he has never been accused of any ethical breach.

“Mr Furrier is entitled to his views, but I take issue with that,” Mr Grogins said. “And he never even bothered to call me or ask about it, either privately or through official channels.”

Mrs Llodra said it is important for residents to know that the town attorney never makes any decisions for the town.

“When I go to the town attorney for advice on a decision I or the board may have to make, we get straight information with context drawn from a 20-year history of service to Newtown,” Mrs Llodra said. Besides his work representing Newtown, Mr Grogins noted that he and his firm represent several other communities, including Ridgefield and Darien.

The town attorney added that unlike legal council in a few other communities who play political roles, “I haven’t played an advisory role politically, which is probably why I’ve been welcomed by three Newtown Republican first selectmen and three Democrats.”