Lawyer to county commission: Offer olive branch to settle legal bill

LACONIA — A local attorney is urging the Belknap County Commission to offer to settle the dispute involving payment of $30,000 in legal fees on the County Delegation's behalf so as to avoid the likelihood of mounting legal bills.

David Osman suggested to commissioners at their Monday meeting that they consider making an offer to pay one-third of the amount, with the understanding that the County Delegation and the law firm the delegation retained absorb the rest.

The law firm of Cleveland, Waters & Bass has threatened to sue the county commissioners if the $30,000 bill is not paid. The amount is the balance owed for approximately $50,000 in legal expenses for services the firm says it provided the delegation, stemming from the legal battle between the delegation and the Gunstock Area Commission. The commission has agreed to pay $20,000, the amount the delegation authorized.

Osman said he feared that unless the county attempts to settle, it faces the prospect of significant legal expenses that would result if the law firm follows through on its threat to take the county to court.

“Without admitting any responsibility, you take a third of the responsibility,” said Osman, whose legal practice consists of mediation and arbitration. “The delegation should accept a burden; and maybe the law firm should accept a burden because they should have known there was a budgetary allowance.”

Osman told the commissioners that should the law firm file suit, the county could very well spend $10,000 to proceed through the court system at a minimal level.

Commission Chair Peter Spanos said the commission wants to resolve the matter, but there needs to be full disclosure of the scope of the legal services that were provided.

Right now the payment of the $30,000 has been tabled on the condition that email exchanges between state Rep. Mike Sylvia, the delegation chair, and Rep. Norm Silber and the law firm are released to the rest of the delegation.

Sylvia and Silber declared themselves the “control group” of the county delegation after the GAC filed an injunctive action against the delegation.

“The 16 other reps in the delegation need to know what they are paying for,” Spanos said of the reason the commission is making the payment of the remainder of the legal bill contingent on the release of the emails.

Commissioner Glen Waring said the commission has not refused to pay the $30,000, but that he feels that in the interest of transparency it first needs more information.

“There’s no vote not to pay. It’s been tabled,” he said.

New Hampton resident Francis Maineri also told the commissioners that he agreed with their decision to hold up the payment of the $30,000.