Meeting record

Town Board — April 11, 2024 Special meeting

Summarized from the meeting minutes. Refer to the official documents below for the authoritative record.

The Nunda Township Board of Trustees held a special meeting focused on a dispute over legal bills from the ZRFM Law firm and related FOIA/attorney-client privilege issues. The board approved the Road District Warrant and an amended payment for part of the ZRFM invoice, but motions to fully pay the ZRFM bill and to assert attorney-client privilege exemptions were not voted on. Township Attorney Scott Puma argued the invoice was improper due to lack of an engagement letter and work product, while ZRFM's attorney defended the firm's privilege claims.

Present: Karen Tynis (Trustee), Rob Parrish (Trustee), Johanna Donahue (Trustee), Tim Parrish (Trustee), Leda Bobera-Drain (Supervisor), Scott Puma (Township Attorney), Brandy Quance (ZRFM Law Attorney), James Kelly (Attorney, Franks, Kelly, Matuszewich), Joni Smith (Township Clerk)

  • ZRFM Law firm invoice dispute
  • attorney-client privilege
  • FOIA exemptions
  • Road District Warrant approval
  • outside counsel authorization
  • township legal fees

Minutes (PDF)

  1. Public Comments on ZRFM bill and FOIA privilege

    Attorney Brandy Quance of ZRFM Law addressed agenda items regarding payment of the ZRFM bill and asserting attorney-client privilege under FOIA, asking the board to maintain privilege.

  2. Road District Warrant approval for payment ($34,000.00)

    Motion to approve the Road District Warrant for payment dated April 11, 2024.

    Motion: Motion made for Road District Warrant for approval for payment for April 11, 2024 in the amount of $34,000.00

    Vote: 4-0 (1 abstention) Approved

  3. 6 Motion to direct supervisor to pay the ZRFM bill approved at March board meeting

    Discussion followed regarding whether the Supervisor should pay a ZRFM Law invoice; Township Attorney Puma argued the bill was improper due to lack of an engagement letter and no work product provided to the board.

    Motion: Motion to direct supervisor to pay the ZRFM bill approved at the March board meeting

    Tabled

  4. Amended motion to pay portion of ZRFM Warrant

    Trustee Rob Parrish made an amended motion to pay only the portion of the ZRFM warrant billed starting from the 15th, following extensive discussion about billing legitimacy and privilege concerns.

    Motion: Amended motion to pay the portion of the ZRFM Warrant for approval for payment for the amount billed starting from the 15th

    Vote: 3-2 Approved

  5. 7 Motion to assert available exemptions including attorney-client privilege under FOIA

    Motion to assert FOIA exemptions was discussed but not voted on; Attorney Puma stated privilege cannot be asserted over documents the Board does not possess.

    Motion: Motion to assert any available exemptions including attorney client privilege under the FOI act

    Tabled

  6. Adjournment

    Motion: Motion to Adjourn

    Vote: unanimous Approved

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