The Select Board on Tuesday night questioned attorneys from four law firms that hoped to provide Hopkinton with its legal counsel about their experience in municipal representation.
The candidates included current town counsel Harrington Heep; KP Law; Mead, Talerman & Costa; and Brooks & DeRensis. Three of the four firms are based in the Boston area, while Mead, Talerman & Costa is headquartered in Newburyport.
The Select Board is required to appoint its town counsel annually. Harrington Heep’s contract was set to expire on June 30, but the board decided to extend it on June 17 to allow for time to seek quotes from other firms.
Each firm had 30 minutes to introduce itself and take questions from board members. Member Brian Herr recused himself from the process, as his solar company has a potential conflict of interest.
Chair Joe Clark stressed that a decision would be made at a future meeting.
Harrington Heep stresses history, ‘humility’
Bryan Bertram, who currently serves as the town’s lead counsel, explained that the firm has represented the town since 2007. He has more than a decade of experience in municipal law.
Bertram noted that his firm does not represent any abutting towns.
In response to a question from member Amy Ritterbusch, he noted his experience in dealing with public utilities such as Eversource’s liquefied natural gas (LNG) facility as well as the state’s Appellate Tax Board. There has been an issue with Eversource appealing its tax bills. This included a last-minute decision to appeal its $2.2 million charge in 2023 that threw the town’s proposed fiscal year 2023 budget into disarray.
“I think a lot of people have this old vision of Mayberry and sleepy town governments,” he said. “You are a much more sophisticated organization that deals with many complex issues. And sometimes those need quick responses.”
The town operates under a flat-fee agreement with Harrington Heep. Bertram said this allows him to “act as an ambassador” with parties before disputes rise to lawsuits.
Bertram said the most important word in conflict management for him is “humility.” An example he gave to member Matt Kizner was his role in the creation of a stronger redaction policy.
The need for this policy arose during the case of disgraced former Hopkinton Deputy Police Chief John “Jay” Porter. Porter was convicted of three counts of child rape in May.
During the termination proceedings for former HPD Sgt. Tim Brennan, who failed to report the rape accusations against Porter to his superiors, an insufficiently redacted report was released to the public. It shared identifying information about the accuser. Brennan’s dismissal caused a rift in town, and his case is still in arbitration.
“I’m not going to hide from it,” said Bertram. “We made a mistake. That’s humility.”
KP Law touts experience, number of communities served
Jeffrey Blake led KP Law’s presentation. He has worked at the firm for more than 22 years. The firm’s 50 lawyers represent one-third of the state’s 351 communities.
While KP Law is a large firm, he said a team of five lawyers is assigned to a community to provide more personalized services. He stressed a “team approach” in working with towns.
Fellow attorney Lauren Goldberg stressed ways that towns have streamlined their Town Meeting articles with the firm’s help.
Blake touted his experience representing up to 15 towns a year Annual Town Meetings. He said he likes to work with the town moderator and department heads beforehand to address any potential issues before they arise.
Goldberg said the firm tries to help towns avoid lawsuits by providing legal updates as well as sample policy templates.
“We are here to support your actions and make sure you have the knowledge to make good decisions,” she said.
The majority of KP Law’s clients pay an hourly rate of $260, Goldberg said. There also is a retainer option, which can be lowered depending on the town’s usage. The firm also offers free trainings for town officials.
Brooks & DeRensis a small firm with ‘hands-on’ approach
Paul DeRensis immediately pointed out four ways in which his firm differs from the other contenders.
“The point is what makes us different is that we’re hands-on,” he stressed. The firm also “deliberately” represents only five towns in order to have deeper connections with them.
Another selling point is the firm’s expertise in a group of chemicals known as PFAS (perfluoroalkyl and polyfluoroalkyl substances) that have appeared in high concentrations in Hopkinton’s water supply over the past few years.
DeRensis added that confidential information is never released to the public. Vice chair Shahidul stressed the “balancing act” between transparency and confidentiality. DeRensis said knowing the difference is “second nature” to him.
One difference from other firms is that Brooks & DeRensis usually will write Town Meeting warrants.
DeRensis added that he has four decades of legal experience that allows him to provide quick responses to questions.
The firm provides the latest information on municipal law to its clients. An example he gave was a law signed recently by Gov. Maura Healey that expands the ability of businesses holding beer and wine licenses to upgrade to all-package licenses.
The firm seeks to be paid an hourly rate if chosen.
Mead, Talerman & Costa provides ‘team-oriented approach’
Attorney Jason Talerman explained that his firm specializes in land use and zoning law as well as labor, environmental and energy law. It serves 42 towns as town counsel.
He stressed a “team-oriented approach” to working with communities. The firm seeks to identify issues early without becoming involved in creating town policies.
One difference with Mead, Talerman & Costa is that it represents contiguous communities. It is representing Southborough currently on an intermunicipal agreement (IMA). It also represents Holliston, Upton and Millis.
Although conflicts are rare, the firm will refer a town to another firm if something arises. Usually, the attorneys try to work on joint agreements first.
Clark mentioned the current negotiations with Southborough on an IMA to connect with its water supply. This connection would allow Hopkinton to receive water from the Massachusetts Water Resources Authority (MWRA).
Talerman said this situation would have to be discussed. If he perceived a “direct conflict,” the firm could not represent either town.
He added that he is a Town Meeting moderator in Norfolk. He also trains new moderators.
There are two flat fee plans. The plans provide an “early intervention approach.” Contracts, templates and meetings with town officials are included. The more extensive plan covers most litigation.
The firm also differs in that it runs proposed bylaws through the Attorney General’s Office first to ensure approval. This was used for towns affected by the MBTA Communities law.













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