"There's some questions and allegations the ratification of the solicitor's contract requires a ratification vote … I don't agree with that and I don't think that there's a sense of the majority of the council that it's necessary."”

— Tiverton Town Council Vice President Justin Katz

"I realize at this point that the four of you are never going to agree with the three of us.””

— Tiverton Town Council member Denise deMedeiros,

"It seems more like a piece of campaign literature than an appropriate resolution for the ratification of a contract… But I really do object to the council voting on something essentially saying they are findings, when there are things that are not accurate in here,"”

— Tiverton Town Council member Patricia Hilton

TIVERTON — After listening to objections, questions, and corrections of fact posed by town Councilors Patricia Hilton, Denise deMedeiros, and Joe Perry regarding a resolution proposed by Council Vice President Justin Katz, the Tiverton Town Council voted 4-3 to approve the resolution.
The two-part resolution confirmed the formal hiring by the council of Giovanni Cicione to serve as town solicitor, and the approval of the attorney-client engagement agreement that formalized his hiring.
The new council four-person majority — elected as a Tiverton Taxpayers' Association (TTA) slate last November — made no changes in the Katz resolution, approving it "as presented" despite criticisms and corrections the minority of three said were necessary.
"I realize at this point that the four of you are never going to agree with the three of us," said Councilor Denise deMedeiros, one of the three in the minority during the proceedings.
The three-page Katz resolution consisted of 29 "whereas" clauses referred to as "findings of fact" during the debate.
That last paragraph stated that the council "approves, ratifies, and confirms in all respects," the appointment of Giovanni Cicione (and his law firm) effective December 27, as Town Solicitor. It also stated the majority's approval of what it called "the at-will engagement agreement as executed and delivered."
"There's some questions and allegations that ratification of the solicitor's contract requires a ratification vote," Mr. Katz had said at the outset of the meeting, when introducing his three-page resolution. "I don't agree with that and I don't think that there's a sense of the majority of the council that it's necessary."
"So there are some 'whereas clauses,' in the resolution laying that argument out. In the interests of time, now, rather than read that all out, I'd prefer to move the resolution, as included in our packet." His motion was quickly seconded.

"A ratification of a contract does not require a resolution," said Councilor Hilton, beginning a series of criticisms she and Councilor de Medeiros launched against the resolution.
"We have this multi-page resolution, which bothers me, because there are things in here that are not true. There are statements that are made in here as though they are statements of fact, and they are not in actuality correct. There is also a fair amount of editorializing in here which I don't think is appropriate either," she said.
"It seems more like a piece of campaign literature than an appropriate resolution for the ratification of a contract," she said.
"But I really do object to the council voting on something essentially saying they are findings, when there are things that are not accurate in here," she said.
Among her objections, for example, was one seeking to correct the record. Mr. Katz had stated in a whereas clause in his resolution that on December 10 the council had set a special meeting "to interview and appoint" Mr. Cicione at a meeting on December 27. Ms. Hilton said there had been no such notice that an "appointment" might be made on the 27th.
The whereas clause in question, however, was not corrected before the resolutionwas approved "as presented."
The so-called "engagement agreement" had already been signed by Council President Rob Coulter, and posted online, before the January 22 meeting began.

Rolling quorum issue
During council discussion on the resolution, Councilor Hilton referred to the "whereas" language in it that said "at least a majority of the members of the Town Council and the Town Solicitor" did not believe a ratification vote was necessary.
In fact, she said, no meeting and vote had ever taken place showing how the majority felt about the matter.
"This has the earmarks — I'm sorry to say it — of a rolling quorum," she said. "I don't agree that it's possible for the town to enter into a legally binding contract that has been seen and created" only "by a subset of the council, not the entirety of the council."
A rolling quorum, prohibited under the open meetings act, can exist when elected councilors communicate with each other in succession, one after the other (hence rolling), by phone or otherwise, not together in a meeting when all in the quorum are present at the same time.
Referring to the meeting of December 27, when Mr. Cicione was allegedly appointed, Councilor Hilton said "we were never given copies of the contract [between Mr. Cicione and the Town] to see the night of the appointment." The contract "was simply not available to us. It's not acceptable."
"Only the body" of the council "has the right to encumber the town into a binding agreement," Ms. Hilton said. "Individual councilors, without the approval of the body, don't have the authority to sign legal agreements."
Mr. Coulter had not secured the requisite approval of the body at a properly noticed meeting before he signed the agreement with Mr. Cicione, was Ms. Hilton's claim.

Zoning and planning board meetings
Quoting the proposed professional services agreement with the solicitor, Ms. Hilton said the agreement with Mr. Cicione said that he would "prepare for and attend selected meetings of the zoning and planning boards, as may be reasonably required in the event of an appeal, to protect the interests of the town."
In the past, said Councilor deMedeiros, the solicitor's contract with the town said the solicitor would attend "all zoning and planning meetings."
Because most zoning board meetings involve attorneys for the applicants, it would appear necessary for the town's lawyers to be present at zoning meetings as well, she said.
As for planning board meetings, following some cross-talk at the meeting with Mr. Cicione, Ms. Hilton extracted from Mr. Cicione a clarification regarding his attendance at planning board meetings.
"So the understanding is," she said, "that if there's a planning board meeting at which the applicant will be present with his/her attorney, the town solicitor will be present at the meeting."
"Correct," said Mr. Cicione.
Approval of the Katz resolution. however, "as presented" would seem to negate this understanding. The resolution was not amended to include the understanding Ms. Hilton extractedfrom Mr. Cicione.

Assessor contract approved
At the same meeting, the council approved a new three-year employment contract with Tiverton Tax Assessor Dave Robert, from December 11, 2018 to December 10, 2012, with a salary increase from $73,618 to $75,090.