PB: The Education of John Dubois
by SDM
The village council will meet in full regalia on Monday night, Feb. 4th.
On the council’s agenda – after a number of noteworthy and typical items upon which SDM hopes to comment later this weekend – sits an interesting item authored by Vice Mayor John Dubois asking the council to join him and terminate the village attorney!
Thankfully, the Vice Mayor isn’t asking to terminate her with prejudice, but the act is surely intended to do harm, nonetheless.
SDM’s reaction to this item is decidedly mixed, so in an act of public-spiritedness worthy of a candidate for Mayor, we will attempt to contextualize Mr. Dubois’s plan so that he may learn the correct method of reaching the end he seeks.
To begin, it is important to understand that SDM sees the village attorney without any rose colored glasses interfering with our 20/20 hindsight. Ms. Boutsis – that is the village attorney’s name – has been serving the community faithfully for many years. She has had moments of both desperate failure and of shining courage.
For example, SDM would argue that Ms. Boutsis failed to vigorously argue against Mayor Stanczyk’s fateful motion to limit Palmer’s enrollment. A serious and competent attorney would have made clear on that record that the motion is likely to expose the village to significant litigation and financial harm.
Unfortunately, speaking the truth forcefully to power is dangerous for a village attorney, especially for one who serves at the pleasure of some unstable people. Ms. Boutsis didn’t do it.
On the other hand, Ms. Boutsis seems to have learned from Palmer and has provided the council written warnings when they attempted to go too far on the nonsensical and farcical “neighborhood protection” ordinance. SDM Says: Absent Ms. Boutsis, the NPO would have been much worse.
Mr. Dubois is right in one sense, which is that Ms. Boutsis is a contractor at-will and being a village attorney should not be a permanent sinecure. He raised at the last council meeting a serious point on her billing practices. He was doing his fiduciary duty when he questioned her decision to bill the village for speaking to Mr. Dubois about her billing practices.
Imagine if you called your lawyer to complain about her billing practices and she had the temerity to bill you for taking the phone call. SDM would not be pleased with our now former attorney, that’s for sure.
But is all of this grounds to fire the village attorney, just like that? SDM doubts it and unless we are reading the mood of the council incorrectly (heaven forbid), they just may rally to her side, even if they do so only out of antipathy toward Mr. Dubois.
SDM would have handled the matter differently (and, if elected will handle such matters differently…harrumph). SDM would place an item on the agenda putting the legal services contract out for bid.
The fact is that Ms. Boutsis and her late partner – SDM believes this to be correct – have been under contract to Palmetto Bay since its inception. Certainly, one should put virtually any contract out to bid at least once every ten years!
Had Mr. Dubois followed SDM’s plan, he would only be swatting away nit picky objections as if they were flies at the picnic. Instead, he may be facing a pity party.
SDM Says: The village council should transform the Vice Mayor’s idea into motion to put the legal services contract out to bid. No harm – and much good – can come from doing so.
In support of Ms. Boutsis’ termination allow me to throw out a few relevant bits of information not widely known, which I discovered thru a public records request. First, to the remarkable stupidity o the council Eve was hired under a 1 page retainer agreement!, which states she will represent the village for approximately $180 an hour (maybe less, I’m going by memory). No municipality would ever hire a lawyer under a 1 page letter agreement failing to detail what her job responsibilities would entail and the scope of her representation. Second, in the decade of service her bills have never been subject to an audit, something the incompetent village manager should have done annually. Because Eve has been at the beck and call of her highness, she could bill with impunity, without oversight and no real specificity, meaning she could “block bill” for chunks of time where she did a whole bunch on little things lumped together in one block. No business would ever allow their attorney to operate that way. I’m certain the Bar would be able to identify numerous ethical violations arising out of her billing practices, although it could only label as stupid the lack of oversight of the council and village manager. Viewed as a whole, it’s time for her to go and I think Mr. DuBois may be able get it done. (Btw what is your reference to Mr. Figoredo’s passing?)
You’re missing the point SDM. He’s not put typical politician you are wanting him to be.
SDM can appreciate a business approach, but even a business needs to be ready for the next step. Once he gets her fired, then what? Do you believe this government can function without legal counsel? John comes from world where you fire a vendor in the morning and hire a replacement at lunch. He can’t do that in government. It’s a common mistake but one that’s rectifiable. SDM’s still a supporter…think of this as tough love.
I wish Cutler Bay would take your advice and put out a bid for new legal services. I agree with your position SDM that “No harm – and much good – can come from doing so.”
Perhaps the termination should be tied into the process of the hiring of a new firm therefore keeping the current lawyer on a month to month retainer or the hiring of an interim firm with experience, (we would not be the first Village to hire or fire the lawyers)until such time as Council action has awarded the new contract.This current firm has represented the Village well and should also be given consideration in the bidding process. This process should clearly state what the Village needs and want from representation and should be crafted clearly and carefully to avoid any long term issues r comfusion. This bid could also have a sunset clause in order to ensure that in the future the Village looks at its legal representation in reasonable time frames. But this takes time and takes a Council that is willing to work together for the betterment of our Village.
As to the NPO ordinance it remains to be seen what havoc it will create in the future, even in this meeting the Village is asking for waivers from the Ordinance, unintended consquences of a vendetta against a certain private school from elected officials who have had blinders on for many years. I wonder what is left after exempting parks and what does it do to a future potential relupa claim?I also wonder why it wasnt brought up during the workshops or hearings.
The attorneys in Cutler Bay are far worse. Lap dogs to the mayor. I heard the mayor there makes the town attorney sit next to him. You should research that SDM? Truly Embarrassing.
Just a small detail: what does SDM mean by “late partner.” Did he pass away or did they split up? Also as everyone knows Eve and her partner were terminated from their role as counsel for South Miami for billing issues, [the writer makes an allegation about an issue related to a parking garage. Since SDM isn't familiar with the issue, we edited a portion of the comment.]
Ed. Note: SDM is under the impression that Ms. Boutsis had a partner named Earl Gallop who was the village’s first attorney and that he passed away. SDM is willing to correct the record if that recollection is incorrect.
Another curiosity regarding Eve’s block billing is that some amounted to 10 hours per day or so. That’s a full day’s work. Wonder if she also billed other clients during the same time periods so as to double bill during any given day.