Ro BROOKS & DERENSIS

260 Franklin Street BROOKS & DERENSIS Suite 700 ro Boston, MA 02110 (857) 259-5200 (857) 259-5212 fax

Paul R. DeRensis, Esq. pdet·ensis@ bd boston.com

March 21, 2021

VIA ELECTRONIC MAIL AND FIRST-CLASS MAIL to [email protected]

Select Board Town of Cohasset 41 Highland Ave Cohasset MA 02025

RE: Response to RFQ for Legal Services Town of Cohasset

Dear Members of the Select Board:

We submit this application to continue to provide legal services for the Town of Cohasset. Our response to this RFQ includes a unified encompassing proposal to provide comprehensive legal services as we have in the past, so that we propose to provide legal service areas combined with other legal service areas labelled in the RFQ as "A" through "E", (Town Counsel, Labor & Employment, Environmental and Land Use, and Litigation and Special Counsel) or some combination of areas, or each of these areas separately.

I, Paul DeRensis, have been Town Counsel for the Town of Cohasset for twenty-five years, with responsibility (except in the last few years), for comprehensively all legal services needed by the Town. As was required by the Agreement between the Town and Town Counsel, and by the General Bylaws of the Town regarding Town Counsel, whatever area of legal practice has been needed by the Town, I made sure was supplied to the Town. You know our accomplishments including successfully extracting the Town from some precarious situations, and you know that the Town of Cohasset has been safe from harm for that entire period.

The Agreement for Legal Services currently in place with the Town of Cohasset has been with me personally, and names me as a primary obligor but allows me to draw upon others that I am working with for additional legal support. The Agreement allows me to change firms, with your consent, which consent shall not be unreasonably withheld. Because of my existing obligations under the contract with the Town and under the General Bylaws of the town with regard to Town Counsel, this response to legal services is presented as a comprehensive response. (00030309 ·9999j09 ) BROOKS & DERENSIS P.C. Attornqs at Law ro BROOKS & DERENSIS

Town of Cohasset March 21,2021 Page2

The firm of Brooks & DeRensis P.C. backs up your Town Counsel and consists of experienced and seasoned attorneys including myself Paul DeRensis as a general municipal Town Counsel attorney and Leonard Kopelman, founder of the municipal law firm Kopelman & Paige PC, now KP-Law, P.C., Real Estate and Land Use Attorneys john Ruggieri and Pierre Youssef, procurement and contracts Attorney Rodney Hoffman and Litigator and Environmental Attorney Daniel R. Deutsch, Litigator Noemi Kawamoto, and Litigator and Insurance claims/Coverage Attorney Jim Hargrove. Resumes are attached as Supplement 1.

Labor & Employment counsel Jack Dolan will be responsible for legal services area B (Labor & Employment). Without limitation, those services would include collective bargaining and related matters, (e.g., grievances), mediation and arbitration services, administrative agency proceedings (such as Civil Service, DLR, JLMC, MCAD, and the like), disciplinary proceedings involving town employees, and day-to-day advise, as needed, on employment law and HR issues. This would include counsel as to health insurance matters under Chapter 32B and generally, pandemic-related issues, and the "alphabet soup" of federal and state employment-related laws (ACA, ADA, ADEA, COBRA, FCRA, FLSA, FMLA, GINA, HlPAA, PDA, PFML, USERRA, and more).

As you already know, I am a well-seasoned successful municipal lawyer, excellent at municipal Town Counsel services and common sense. I have been on both sides of the table, both as a Select Board member myself- because I am a nine-term elected member of a Select Board- in addition to personally holding the Town Counsel position in several communities (listed below- I have personally held Town Counsel positions since 1986 to and including the present time). I have served as President of the Massachusetts Select Board Association where I had the honor of representing all the Select Board members across the state. I have served ten years as an advisor to the present Governor and his administration, and prior to that, to his predecessor Governor and that administration, on local affairs as a member appointed by the Governor to the Commonwealth's Local Government Advisory Commission. I have also served for ten years as a member of the Massachusetts Municipal Association Board of Directors. I am experienced with legal services areas A through E as indicated on the filled out Attachments to the RFQ.

Leonard Kopelman, who founded Kopelman & Paige and who has considerable experience as Town Counsel representing numerous municipalities, has joined Brooks & DeRensis P.C. as of counsel. Attorney Kopelman has decades of municipal law experience. He is particularly well qualified on Town Counsel issues (Legal services area A, and Appellate Tax Board matters in legal services area E).

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BROOKS & DERENSIS P.C. A.Jtorn~s at Law ro BROOKS & DERENSIS

Town of Cohasset March 21,2021 Page 3

Jack Dolan has been a town administrator in several communities in addition to being a Labor & Employment attorney.

Because we are a mid~size firm, Cohasset is very important to us, and gets personal attention with direct access to top-level senior attorneys, directly consulting with the Town Manager and other Town officials. We do not give "cookie cutter" multi town answers to your questions. We believe in establishing direct communications between the Town Manager and Paul DeRensis and for Leonard Kopelman on all municipal law issues and Jack Dolan on Labor & Employment issues described above. Our lawyers at this level can provide quick response times as questions arise often directly on the same telephone call that initiates the inquiry.

Most importantly, we are dedicated to public service and would do whatever we could to make sure that good results were obtained to help you move the Town and its citizens forward. This is not a routine "job" for us: we care about Cohasset and the many excellent townspeople with whom we have had the opportunity to work and befriend.

We provide updates on regulations, legislation and court decisions that affect municipalities. We also provide training. We organize, as requested by the Town, training seminars on the following:

Open Meeting Law Conflicts and Public Records Substantive Regulatory Jurisdiction applicable to specific boards and land use New Select Board Member Orientation and Training

We are also available to conduct on-site training upon request concerning various land use and other issues affecting town boards and commissions and will supply alerts and our newsletters on new decisions and legislation that affects your community.

Paul DeRensis currently serves as Town Counsel to the Towns of Cohasset (25 years), Canton (18 years), Mansfield (11 years), Groton (4 years) and (New Braintree 2 years) as special counsel to other municipalities on specific legal issues. In addition, Paul DeRensis served as Town Counsel for the Town of Randolph for 20 years (1990-2010), which we continue to date to represent the town as "outside" counsel, to the present time. Please note that Randolph, Canton, and Cohasset are Norfolk County municipalities, that we have also provided legal services to the Norfolk County Commissioners, and as should be apparent from the foregoing, we are particularly interested in the Norfolk County area of the Commonwealth. We are well familiar with Norfolk Superior Court.

{00030309 ·9999/09)

BROOKS & DERENSIS P.C. Allorn8.Js at Law ro BROOKS & DERENSIS

Town of Cohasset March 21 , 2021 Page 4

Our offices are located at 260 Franklin Street, Suite 700, Boston, Massachusetts within walking distance of the State House, state agencies' offices and the state and federal courts.

We carefully have reviewed the criteria set forth in the legal services RFQ and state that we meet or exceed those criteria. We have successfully provided the requested legal services to the Town of Cohasset in all categories and agree to provide the legal services listed in the RFQ for the Town of Cohasset. See your application form filled in, attached.

Financial terms are flexible, reasonable, and furnished as an Attachment to this response.

Accordingly, I and the firm can continue to bring to the Town of Cohasset the highest level of expertise with all the issues facing a municipality in the Commonwealth of Massachusetts, and, equally important, a sense of hands-on practicality in solving problems.

In addition to the submission of this letter, we welcome an opportunity to meet with the Town to discuss these issues and to show you that Paul DeRensis, Leonard Kopelman, and Jack Dolan with Brooks & DeRensis, P.C., continues to be the best choice to assist you into the future.

PRD/mlf Enclosures

(00030309 -9999 / 09)

BROOKS & DERENSIS P.C. Attorn~s at LAw ATIACHMENT A-1

TOWN COUNSEL

RESPONSE TO REQUEST FOR QUALIFICATIONS FOR TOWN OF COHASSET LEGAL SERVICES

Note: Our response to this RFQ includes this Area of legal Services A combined w ith other legal Services Areas A through E, or some combination of Areas, or any one of these Areas separately. Therefore, our answers are the same in any case here as for the other Areas of Legal Services, except as follows;

The answers for labor & Employment legal Services area B are those of labor & Employment Attorney Jack Dolan alone, even though other attorneys such as Paul DeRen sis also has substantial knowledge in this category; lit igation arising in t he labor & Employment work will usually be handled by litigation Attorneys.

The answers as t o Special Counsel l egal Services Area E reflect that we do and have done this work in all three subcategories of licensing, cable, and Appellate tax Board work; however, we prefer subcontracting with cable television attorneys with whom we have relationships, to become part of a more comprehensive approach, with such contracted counsel to provide this service to the town through us (the cost of which would be reimbursed to us by the Town) , but if the town so requires, we can do it alone as we have done in the past .

Name: Paul DeRensis

Name of Firm: Brooks & DeRensis P. C.

BB0#:121000

Street City, State, Telephone: 260 Franklin St. Suite 700, Boston, MA 02110

Fax Number: telephone: 857-259-5200

Email: [email protected]

Web$ite; www.BDBoston.com

Please respond to each of the following, using separate pages as necessary:

1, Please identify by name (and BBO #,address and phone number if different than above) the proposed Town Counsel, and, if appffcabfe, fead counsef as weff as members of a team, and each proposed back up counsel.

Answer: Paul DeRensis (see above) Paul w ill be backed up by Atty Leonard Kopelman; See cover letter for list of names of attorneys.

2. Please attach resumes for each attorney identified above.

Answ er: See Supplement 1 for resumes. 3. Do each of the attorneys identified above meet the minimum bar admission requirements of the RFQ? If other than ''yes", please explain.

Answer: YES.

4. With respect to each attorney identified, please list each Massachusetts municipality represented by the attorney within the past ten years, the years of such representation, and the name, address, and phone number of at least one contact person in each municipality with knowledge of the attorney's representation.

Answer: See Supplement 2 for list of references.

5. Please describe each identified attorney's experience in municipal law.

Answer: See cover letter and attached resumes. We have extensive experience in all aspects of municipal law as the Town knows from the fact we have successfully handled all aspects of municipal law for the Town of Cohasset for twenty-five years.

6. Please describe how you propose to satisfy the Accessibility and Accountability requirements of the RFQ.

Answer: We so commit, as we have met this category in the past.

7. Please describe how you propose to satisfy the attorney back-up requirements of the RFQ.

Answer: Paul DeRensis is backed by Atty leonard Kopelman and the various other attorneys listed in the cover letter and in the attached resumes (see Supplement 1).

Answer: Paul DeRensis will be Town Counsel as he has been for twenty-five years; he will make the judgment, as he has in the past, whether particular skills of other attorneys would best serve the town and will then assign such an attorney to a particular matter or project until completion.

9. How would you conduct or oversee litigation, including administrative proceedings, in which the Town and its boards are involved in their official capacity, to the extent such legal services are not provided by the Town's insurance carriers or outside counsel?

Answer: we have defended the town in litigation for twenty-five years successfully; for the lawsuits we have handled for the town there have been no material financial damage awards

10. Are you available to review and approve as to form and content all contracts to which the Town is a party?

Answer: YES

11. Do you provide regular updates on regulations, legislation and court decisions affecting municipalities and, if so, would this be a separate expense? Answer: we provide such regular updates.

12. Do you provide training in lega l obligations and compliance for elected, appointed and compensated Town employees on issues such as conflict of interest, ethics, freedom of information, open meeting law and harassment, and, if so, would this be a separate expense?

Answer: we provide such training.

13. Please describe any complaints with the Board of Bar Overseers or suits against each identified attorney in the last ten (10) years and how the complaints or suits have been resolved.

Answer: none.

14. For each Town you and, if applicable, members of your firm have represented, please list those cases where municipal litigation has been undertaken in the last five (5) years (do not list special ed or appellate tax board cases) and the results of such litigation.

Answer: see list of significant cases attached as Supplement 3.

By my signature, I certify that the information contained in this Response to Request for Qualifications are complete and accurate, to the best of my knowledge and belief. ATIACHMENT A-3

MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member)

Rate your experience within the last five years in the following areas of municipal law using the scale below.

1. No experience

2. limited experience

3. Moderate experience

4. Advanced experience

S. Extensive experience

_ 5 __ General Municipal Law, established under Massachusetts General Law and case law;

_ s__ Municipal Finance;

_ 5_ Town bylaws and regulations;

_ 5_ Open Meeting, public record, executive session, conflicts of interest law;

_ s__ Zoning and land use issues;

_ 5 __ Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings; licenses; conservation and agricultural restrictions; right-of- first refusal;

_ 5 __ Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting;

_ 5_ Drafting and monitoring special legislation;

_ 4_ Public bidding, public construction, and municipal procurement issues including lease purchasing of equipment and contract approval;

_ S_ Affordable Housing; MGL. C. 408; MGL c. 44, s. SSC (Municipal Housing Trusts)

_ 5_ Subdivision control law;

_5__ Community Preservation Act;

_ 5_ Wetlands regulations;

_ s__ Environmental issues;

_ s__ Elections law and procedures; _s_ Licensing;

_s_ Representation of the Town in all courts, including appellate level, and administrative agencies and other litigation;

_3_Appellate Tax Board matters;

_s_ Property and Liability claims against Town;

_ 4_ Union contract negotiations, FMlA, FLSA, harassment, labor arbitration and JLMC ATIACHMENT A-4

STATEMENT OF LITIGATION EXPERIENCE (To be completed for each team member)

Rate your experience with in the last five years practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience Answer: See our response to Attachment A-2.

_ 5_ Trials before State Courts (District, Superior, Land Courts)

_ 5_ Trials before Federal District Courts

_ 5_ Appeals before Massachusetts Appeals Court

_ 5_ Appeals before Massachusetts Supreme Judicial Court

_ 5_ Administrative Proceedings before Massachusetts Civil Service Commission

_ 3_ Arbitration Proceedings

_ 5_ Mediation Proceedings

_ 3_ Administrative Proceedings before Massachusetts Appellate Tax Board

_ 5_ Administrative Proceedings before Massachusetts Department of

_ 5_ Environmental Protection

_ 5_ Administrative Proceedings before the ABCC

_ 5_ Administrative Proceedings before the Housing Appeals Committee

_ 3_ Administrative Proceedings before Division of Administrative law Appeals ATIACHMENT A-4

STATEMENT OF LITIGATION EXPERIENCE (To be completed for each team member)

DANIEL DEUTSCH

Rate your expedence within the last fi.ve years in the following areas of municipal law using the scale below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience Answer: See our response to Attachment A-2.

_5_ Trials before State Courts (District, Superior, Land Courts)

_ 4_ Trials before Feder'al District Courts

_ 4_ Appeals before Massachusetts Appeals Court

_2_ Appeals before Massachusetts Supreme Judicial Court

_1_ Administrative Proceedings before Massachusetts Civil Service Commission

_5_ Arbitration Proceedings

_5_ Mediation Proceedings

_2_ Administrative Proceedings before Massachusetts Appellate Tax Board

_5_ Administrative Proceedings before Massachusetts Department of Envfronmentar Protection

_3_ Administrative Proceedings before the ABCC

_ 3_ Administrative Proceedings before the Housing Appeals Committee

_ 4_ Administrative Proceedings before Division of Administrative law Appeals _5_ Representation of the Town in all courts, including appellate level, and administrative agencies and other litigation;

_2_ Appellate Tax Board matters;

_ 4 _ Property and llatriltty claims against Town;

_1_ Union contract negotiations, FMLA, FLSA, harassment, labor arbitration and JLMC ATIACHMENT A-3

MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member)

DANIEL DEUTSCH Rate your experience within the last five years in the following areas of municipal law using the scale below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience

4 General Municipal Law, established under Massachusetts General Law and case law;

1 Municipal Finance;

3 Town bylaws and regulations;

_4_ Open Meeting, public record, executive session, conflicts of interest law;

4 Zoning and land use issues;

2 Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings; licenses; conservation and agricultural restrictions; right-of- first refusal;

2 Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting;

_ 1_ Drafting and monitoring special legislation;

_ 4_ Public bidding, public construction, and municipal procurement issues including lease- purchasing of equipment and contract approval;

2 Affordabfe Housing; M.G.l. c. 40B; M.G.L c. 44, s. Sse (Municipaf Housing frusfs)

_2 Subdivision control law;

2 Community Preservation Act;

5 Wetlands regulations;

5 Environmental issues;

3 Elections law and procedures;

3 Licensing; R.G. Hoffman ATTACHMENT A-3

MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member)

Rate your experience within the last five years in the following areas of municipal Jaw using the scale below.

1. No experience 2. Umited experience 3. Moderate experience

4. Advanced experience

5. Extensive experience _s_ General Municipal Law, established under Massachusetts Genera/law and case law; _ 4_ Municipal Finance; _ s_ Town bylaws and regulations; _s_ Open Meetin& public record, executive session, conflicts of interest law; _4_ Zoning and land use issues; _5_ Real estate issues: acquismons, sales, eminent domain, easements, leases, tax takings; licenses; conservation and agricultural restrictions; right--of- first refusal; _5_Town Meeting: drafting and review of warrant artlcles and motions, advice on issues before and at Town Meeting;

_4_ Drafting and monitoring special legislation; _s_ Public bidding. public construction, and municipal procurement issues including lease- purchasing of equipment and contract approval;

_ 4_ Affordable Housing; MGL. C. 40B; MGL c. 44, s. SSC (Municipal Housing Trusts) __3_Subdivision control law; _ 4_ Community Preservation Act; _2_ Wetlands regulations; _2_ Environmental issues; _ 4_ Elections law and procedures; _s_ Ucensing;

1000301141 ·1602/00) _2_ Representation of the Town in all courts, indudlng appellate level, and administrative agencies and other litigation; _2_ Appellate Tax Board matters; _ 4_ Property and Uabiltty dalms against Town;

_2_ Union contract negotiations, FMLA. FLSA. harassment labor arbitration and JlMC ATIACHMENT A-3

MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member)

~Oli"Vii ~WAtviOTG Rate your experience within the last five years in the following areas of municipal law using the scale below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

S. Extensive experience

_ 4_ General Municipal Law, established under Massachusetts General Law and case law;

_ 2_ Municipal Finance;

_ " _Town bylaws and regulations;

_ 4_ Open Meeting, public record, executive session, conflicts of interest law;

_ 4_ Zoning and land use issues;

_ 2_ Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings; licenses; conservation and agricultural restrictions; right-of- first refusal;

_ "'-Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting;

_ 2_ Drafting and monitoring specia l legislation;

_ 3_ Public bidding, public construction, and municipal procurement issues including lease purchasing of equipment and contract approval;

_ 3_ Affordable Housing; MGL. C. 40B; MGL c. 44, s. SSC (Municipal Housing Trusts)

_ 3_ Subdivision control law;

_2_ Community Preservation Act;

_ 2_ Wetlands regulations;

_ 2_ Environmental issues;

_ ! _Elections law and procedures;

_ 3_ Licensing; _ 4_ Representation of the Town in all courts, Including appellate level, and administrative agencies and other litigation;

_2_ Appellate Tax Board matters;

_2_ Property and Uabllity claims against Town;

_3_ Union contract negotiations, FMLA.. FLSA, harassment labor arbitration and JlMC ATTACHMENT A-4

STATEMENT OF LITIGATION EXPERIENCE (To be completed for each team member)

NOEMI KAWAMOTO

Rate your experience with in the last five years practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. No experience

2. limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience Answer: See our response to Attachment A-2.

_ s_ Trials before State Courts (District, Superior, Land Courts)

_ s_ Trials before Federa l District Courts

_ 5_ Appeals before Massachusetts Appeals Court

_ 5_ Appeals before Massachusetts Supreme Judicial Court

- " -Administrative Proceedings before Massachusetts Civil Service Comm ission

_ 5_ Arbitration Proceedings

_ : _Mediation Proceedings

_ 2_ Administrative Proceedings before Massachusetts Appellate Tax Board

_ 2_ Administrative Proceedings before Massachusetts Department of

_ 2_ Environmental Protection

_ 2_ Administrative Proceedings before the ABCC

_ / _Administrative Proceedings before the Housing Appeals Committee

_ 2_ Administrative Proceedings before Division of Administrative law Appeals ATIACHMENT A-3

MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member)

JOHN GF RUGGIERI-LAM, ESQ.

Rate your experience within the last five years in the following areas of municipal law using the scale below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience

_ 3_ General Municipal Law, established under Massachusetts General Law and case law;

_.~. _Municipal Finance;

_ 3_ Town bylaws and regulations;

_ .:;_Open Meeting, public record, executive session, conflicts of interest law;

_ 3_ Zoning and land use issues;

_ 5_ Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings; licenses; conservation and agricultural restrictions; right-of- first refusal;

_ 3_ Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting;

_ 1_ Drafting and monitoring special legislation;

_ 2_ Public bidding, public construction, and municipal procurement issues including lease purchasing of equipment and contract approval;

_ 2_ Affordable Housing; MGL. C. 408; MGL c. 44, s. SSC (Municipal Housing Trusts)

_ 3_ Subdivision control law;

_ 1_ Community Preservation Act;

_ 3_ Wetlands regulations;

_ 1_ Environmental issues; _1_ Elections law and procedures;

_3_licensing;

_l_Representatlon of the Town in all courts, Including appellate level, and administrative agencies and other litigation;

_2:_Appellate Tax Board matters; _1_ Property and Liability claims against Town;

_1__ Union contract negotiations, FMLA.. FLSA, harassment, labor arbitration and JLMC ATIACHMENT A-4

STATEMENT OF LITIGATION EXPERIENCE (To be completed for each team member)

JOHN RUGGIERI

Rate your experience with in the last five years practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience Answer: See our response to Attachment A-2.

_ 3_ Trials before State Courts (District, Superior, Land Courts)

_ 2_ Trials before Federal District Courts

_ 1_ Appeals before Massachusetts Appeals Court

_ 1_ Appeals before Massachusetts Supreme Judicial Court

- ~-Administrative Proceedings before Massachusetts Civil Service Commission

_ 4_ Arbitration Proceedings

_ 4 _ Mediation Proceedings

_ 2_ Administrative Proceedings before Massachusetts Appellate Tax Board

_ 2_ Administrative Proceedings before Massachusetts Department of

_ 2_ Environmental Protection

_ 4_ Administrative Proceedings before the ABCC

_1_ Administrative Proceedings before the Housing Appeals Committee

_ 1_ Administrative Proceedings before Division of Administrative law Appeals ATIACHMENT B-1

LABOR AND EMPLOYMENT

RESPONSE TO REQUEST FOR QUALIFICATIONS FOR TOWN OF COHASSET LEGAL SERVICES

See our response to Attachment A-1; Our response to this RFQ includes this Area of legal Services combined with other Areas A through E, or some combination of Areas, or an Area separately. The answers are the same in any case as already provided. The Answers in this Legal Services Area B are provided by Attv Jack Dolan, Labor & Employment Counsel. However, because he is part of a comprehensive response to this RFQ, the expectation is that other attorneys such as Paul DeRensis and others at Brooks & DeRensis P. C. would be available, for example, to handle litigation if necessary. However, Atty Dolan has as his goal keeping municipalities out of litigation.

Name: John ("Jack" } Dolan

Name of Firm: Answ er: Contact through Brooks & DeRensis, P. C., lighthouse legal Counsel, llC

BBO#: Answ er: 127920

Street City, State, Telephone: Answer: contract through Brooks & DeRensis, P. C.; 775 East Falmouth Highway, E. Falmouth, MA 02536

Fax Number: Answer: contact through Paul DeRensis, or direct dial Telephone number: 508-287-7944

Email: Answer: Answer: contact through Paul DeRensis; or direct email [email protected]

Website: Answer: llCounsel.com

Please respond to each of the following, using separate pages as necessary:

l.Piease identify by name (and BBO #,address and phone number if different than above) the proposed lead counsel as well as members of a team, and each proposed back-up counsel.

Answer: lead, Attorney Jack Dolan, see information above, back up Paul DeRensis, see information above.

2. Please attach resumes for each attorney identified above.

Answer: See resumes attached In Supplement 1.

3. Do each of the attorneys identified above meet the minimum bar admission requirements of the RFQ? If other than "yes", please explain.

Answer: YES 4. With respect to each attorney identified, please list each Massachusetts municipality represented by the attorney within the past ten years, the years of such representation, and the name, address and phone number of at least one contact person in each municipality with knowledge of the attorney's representation.

Answer: see municipalities and contacts identified in Supplement 2 attached.

5. Please describe each identified attorney' s experience in municipal law.

Answer: see cover letter and the answer to legal Service Area A above. Because this response to the RFQ is comprehensive, it is expected that Attorney Paul DeRensis and Attorney leonard Kopelman would be addressing municipal law questions.

6. Please describe how you propose to satisfy the Accessibility and Accountability requirements of the RFQ.

Answer: see the answer to legal Services Area A; if Attorney Dolan is temporarily occupied, please contact Paul DeRensis for assistance.

7. Please describe how you propose to satisfy the attorney back-up requirements of the RFQ.

Answer: Attorney Paul DeRensis and others at Brooks & DeRensis will provide back up as necessary.

8.1f services are to be provided by a team of lawyers, describe how the team approach would work. For example, will specific attorneys be assigned to specific cases or subject matters? Will the specific attorney remain the contact throughout the case or matter?

Answer: Attorney Jack Dolan will remain throughout the case or matter.

9.How would you conduct or oversee litigation, including administrative proceedings, in which the Town and its boards are involved in their official capacity, to the extent such legal services are not provided by the Town's insurance carriers or outside counsel?

Answer: the plan is to have court based lawsuits handled by litigation attorneys as per above; administrative proceedings Atty Dolan will handle to the extent not provided by the Town's insurance carriers.

10. Are you avai lable to review and approve as to form and content all contracts to which the Town is a party?

Answer: Yes, as to contracts concerning labor & Employment matters. As to all other contracts, this response as to labor & Employment issues is part of a comprehensive response, see the answer to Legal Services area A above.

11. Do you provide regular updates on regulations, legislation and court decisions affecting municipalities and, if so, would this be a separate expense?

Answer: yes, as t o labor & Employment matters, otherwise same answer as in legal Services Area A 12. Do you provide training in legal obligations and compliance for elected, appointed and compensated Town employees on issues such as conflict of interest, ethics, freedom of information, open meeting law and harassment, and, if so, would this be a separate expense?

Answer: this is a comprehensive response to the RFQ, covering all legal Service Areas, these services are provided as per legal Services Area A, see above.

13. Please describe any complaints with the Board of Bar Overseers or suits against each identified attorney in the last ten (10) years and how the complaints or suits have been resolved.

Answer: none

Answer: please see the answer to legal Services Area A, and to legal Services Area B-9 above, court litigation is to be handled by litigation Attorneys.

By my signature, I certify that the information contained in this Response to Request for Qualifications are complete and accurate, to the best of my knowledge and belief. ATIACHMENT B-2

FEES AND EXPENSES RESPONSE SHEET

(To be attached to and made a part of the overall Response to Request for Qualifications)

l.Piease list the name and hourly rate for proposed Lead Counsel and for each attorney intended likely to serve as back-up.

Answer: This response to l egal Services Area B labor & employment is part of a comprehensive response to all areas of the RFQ, and will be billed as part of the totality of legal services as described in our response to Attachment A-2 .

2. if you propose to bill for services provided by paralegals, clerical staff, or ot her non-attorney personnel, please list by title and by hourly rate each position for whom you may bill.

3. Please provide a complete listing of all charges for expenses you intend to impose as incurred (i.e., any and all copy charges, telephone charges, fax charges, mileage charges and the like, but excluding any fees for stenographers, court fees, service fees and the like).

4. In what hourly increments do you intend to bill?

5. Do you bill out attorney t ime out of the office on a portal-to-portal basis or some other basis? Please describe.

6. Please describe any proposed alternative fee arrangement.

Answer: As noted above, this response to legal Services Area B labor & employment is part of a comprehensive response to all areas of the RFQ and will be billed as described In our response to Attachment A-2, for all labor & Employment services. However, on request, Attorney Dolan would offer his "HR Counsel on Demand" program, through which designated town officials can receive unlimited access for advice about employment law and HR matters, for a fixed fee, the details of which are available on request. These fixed fee services would not include traditional labor Counsel services such as collective bargaining, adversarial proceedings and the like.

7. For each city or town, you represent list the legal budget (broken down) the last five years and the actual amount spent that year, with an explanation for any substantial differences.

Answer: do not have this information.

8. For each city and town, describe cost containment procedures you have implemented to keep the legal budget reasonable and cost effective. As a former town administrator, Jack Dolan is acutely aware of t he costs of legal services. he instituted the HR Counsel on Demand program described above as a means to control costs. ATIACHMENT B-3

MUNICIPAL LAW EXPERIENCE CHECKLIST

(To be completed for each team member)

JACK DOLAN

Rate your experience within the last five years in the following areas of municipal law using the scale below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

S. Extensive experience Answer: See our response to Attachment A-3.

_ 5_ General Municipal Law, established under Massachusetts General Law and case law;

_ 4_ Municipal Finance;

_ 5_ Town bylaws and regulations;

_ 5_ Open Meeting, public record, executive session, conflicts of interest law;

_ 2_ Zoning and land use issues;

_ 2_ Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings; licenses; conservation and agricultural restrictions; right-of- first refusal;

_ 4_ Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting;

_ 5_ Drafting and monitoring special legislation;

_ 4_ Public bidding, public construction, and municipal procurement issues including lease purchasing of equipment and contract approval;

_ 1_ Affordable Housing; MGL. C. 40B; MGL c. 44, s. SSC (Municipal Housing Trusts)

_ 2_ Subdivision control law;

_ 2_ Community Preservation Act;

_ 1_ Wetlands regulations;

_ 1_ Environmental issues;

_ 1_ Elections law and procedures; _1_ Ucensing;

_3_ Representation of the Town in all courts, including appellate level, and administrative agencies and other litigation;

_l_Appellate Tax Board matters;

_ 4_ Property and Uability claims against Town;

_s_ Union contract negotiations, FMLA, FLSA, harassment, labor arbitration and JLMC ATIACHMENT B-4

STATEMENT OF LITIGATION EXPERIENCE

(To be completed for each team member)

JACK DOlAN

Rate your experience with in the last five years practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience

_ 2_ Trials before State Courts (District, Superior, Land Courts)

_ 1_ Trials before Federal District Courts

_ 1_ Appeals before Massachusetts Appeals Court

_ 1_ Appeals before Massachusetts Supreme Judicial Court

_ 4_ Administrative Proceedings before Massachusetts Civil Service Commission

_ 3_ Arbitration Proceedings

_ 3_ Mediation Proceedings

_ 1_ Administrative Proceedings before Massachusetts Appellate Tax Board

_ 1_ Administrative Proceedings before Massachusetts Department of

Environmental Protection

_ 1_ Administrative Proceedings before the ABCC

_ 1_ Administrative Proceedings before the Housing Appeals Committee

_ 1_ Administrative Proceedings before Division of Administrative law Appeals ATTACHMENT C-1

ENVIRONMENTAL AND LAND USE

RESPONSE TO REQUEST FOR QUALIFICATIONS FOR TOWN OF COHASSET LEGAL SERVICES

Name: See our response to Attachment A-1; Our response to this RFQ is intended to be comprehensive and includes this area of legal services combined with other areas A through E, or some combination of areas, or an Areas separately. The answers are the same in any case as already provided.

Name of Firm:

BBO#:

Street City, State, Telephone:

Fax Number:

Email:

Website:

Please respond to each of the following, using separate pages as necessary:

1. Please identify by name (and BBO #,address and phone number if different than above) the proposed lead counsel as well as members of a team, and each proposed back-up counsel.

2. Please attach resumes for each attorney identified above.

3. Do each of the attorneys identified above meet the minimum bar admission requirements of the RFQ? If other than "yes", please explain.

4. With respect to each attorney identified, please list each Massachusetts municipality represented by the attorney within the past ten years, the years of such representation, and the name, address and phone number of at least one contact person in each municipality with knowledge of the attorney's representation.

5. Please describe each identified attorney's experience in municipal law.

6. Please describe how you propose to satisfy the Accessibility and Accountability requirements of the RFQ.

7. Please describe how you propose to satisfy the attorney back-u p requirements of the RFQ.

8. If services are to be provided by a team of lawyers, describe how the team approach would work. For example, will specific attorneys be assigned to specific cases or subject matters? Will the specific attorney remain the contact throughout the case or matter? 9. How would you conduct or oversee litigation, including administrative proceedings, in which the Town and its boards are involved in their official capacity, to the extent such legal services are not provided by the Town's insurance carriers or outside counsel?

10. Are you available to review and approve as to form and content all contracts to which the Town is a party?

11. Do you provide regular updates on regulations, legislation and court decisions affecting municipalities and, if so, would this be a separate expense?

12. Do you provide training in legal obligations and compliance for elected, appointed and compensated Town employees on issues such as conflict of interest, ethics, freedom of information, open meeting law and harassment, and, if so, would this be a separate expense?

13. Please describe any complaints with the Board of Bar Overseers or suits against each identified attorney in the last ten (10) years and how the complaints or suits have been resolved.

By my signature, I certify that the information contained in this Response to Request for Qualifications are complete and accurate, to t he best of my knowledge and belief. ATIACHMENT C-2

FEES AND EXPENSES RESPONSE SHEET

(To be attached to and made a part of the overall Response to Request for Qualifications)

1. Please list the name and hourly rate for proposed lead counsel and for each attorney intended likely to serve as back-up.

Answer: See our response to Attachment A-2. This response to legal Services Area Cis part of a comprehensive proposal, and all billing will be handled, as it is now, through one billing statement, per our response to Attachment A-2.

2. if you propose to bill for services provided by paralegals, clerical staff, or other non-attorney personnel, please list by title and by hourly rate each position for whom you may bill.

4. In what hourly increments do you intend to bill?

5. Do you bill out attorney time out of the office on a portal-to-portal basis or some other basis? Please describe.

6. Please describe any proposed alternative fee arrangement.

7. For each city or town, you represent list the legal budget {broken down) the last five years and the actual amount spent that year, with an explanation for any substantial differences.

8. For each city and town, describe cost containment procedures you have implemented to keep the legal budget reasonable and cost effective. ATIACHMENT C-3

MUNICIPAL LAW EXPERIENCE CHECKLIST

(To be completed for each team member)

Rate your experience within the last five years in the following areas of municipal law using the scale below.

Same as our answer to legal Services Area A-3

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

S. Extensive experience

_ 5_ General Municipal Law, established under Massachusetts General Law and case law;

_ 5_ Municipal Finance;

_ 5_ Town bylaws and regulations;

_ 5_ Open Meeting, public record, executive session, conflicts of interest law;

_ 5_ Zoning and land use issues;

_ 5_ Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings; licenses; conservation and agricultural restrictions; right-of- first refusal;

_ 5_ Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting;

_ s_ Drafting and monitoring special legislation;

_ 4_ Public bidding, public construction, and municipal procurement issues including lease purchasing of equipment and contract approval;

_ 5_ Affordable Housing; MGL. C. 40B; MGL c. 44, s. SSC (Municipal Housing Trusts)

_ 5_ Subdivision control law;

_5__ Community Preservation Act;

_ 5_ Wetlands regulations;

_ 5_ Environmental issues;

_ 5_ Elections law and procedures;

_ s_ Licensing; _s_ Representation of the Town in all courts, including appellate level, and administrative agencies and other litigation;

_3_Appellate Tax Board matters;

_s_ Property and Uability claims against Town; _4_ Union contract negotiations, FMLA, FLSA, harassment, labor arbitration and JLMC ATIACHMENT C-4

STATEMENT OF LITIGATION EXPERIENCE

(To be completed for each team member)

Our answer is the same as the answer to Legal Services Area A-4

Rate your experience with in the last five years practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience

_ 5_ Trials before State Courts (Dist rict, Superior, Land Courts)

_ 5_ Trials before Federal District Courts

_ 5_ Appeals before Massachusetts Appeals Court

_ 5_ Appeals before Massachusetts Supreme Judicial Court

_ 5_ Administrative Proceedings before Massachusetts Civil Service Commission

_ 3_ Arbitration Proceedings

_ 5_ Mediation Proceedings

_ 3_ Administrative Proceedings before Massachusetts Appellate Tax Board

_ 5_ Administrative Proceedings before Massachusetts Department of

Environmental Protection

_ 5_ Administrative Proceedings before the ABCC

_ 5_ Administrative Proceedings before the Housing Appeals Committee

_ 3_ Administrative Proceedings before Division of Administrative law Appeals ATTACHMENT 0-1

LITIGATION

RESPONSE TO REQUEST FOR QUALIFICATIONS FOR TOWN OF COHASSET LEGAL SERVICES

Name:

Name: See our response to Attachment A-1; Our response to this RFQ includes t his Area of l egal Services combined with other areas A through E, or some combination of areas, or one of these Areas separately. The answers are the same in any case as already provided.

Name of Firm:

880#:

Street City, State, Telephone:

Fax Number:

Email:

Website:

Please respond to each of the following, using separate pages as necessary:

1. Please identify by name {and 880 #,address and phone number if different than above) the proposed lead counsel as well as members of a team, and each proposed back-up counsel.

2. Please attach resumes for each attorney identified above.

3. Do each of the attorneys identified above meet the minimum bar admission requirements of the RFQ7 If other than "yes", please explain.

4. With respect to each attorney identified, please list each Massachusetts municipality represented by the attorney within the past ten years, the years of such representation, and the name, address and phone number of at least one contact person in each municipality with knowledge of the attorney's representation.

5. Please describe each identified attorney's experience in municipal law.

6. Please describe how you propose to satisfy the Accessibility and Accountability requirements of the RFQ.

7. Please describe how you propose to satisfy the attorney back-up requirements of the RFQ. 8. If services are to be provided by a team of lawyers, describe how the team approach would work. For example, will specific attorneys be assigned to specific cases or subject matters? Will the specific attorney remain the contact throughout the case or matter?

9. How would you conduct or oversee litigation, including administrative proceedings, In which the Town and its boards are involved in their official capacity, to the extent such legal services are not provided by the Town's insurance carriers or outside counsel?

10. Are you available to review and approve as to form and content all contracts to which the Town is a party?

11. Do you provide regular updates on regulations, legislation and court decisions affecting municipalities and, if so, would this be a separate expense?

12. Do you provide training in legal obligations and compliance for elected, appointed and compensated Town employees on issues such as conflict of interest, ethics, freedom of information, open meeting law and harassment, and, if so, would this be a separate expense?

13. Please describe any complaints with the Board of Bar Overseers or suits against each identified attorney in the last ten (10) years and how the complaints or suits have been resolved.

By my signature, I certify that the information contained in this Response to Request for Qualifications are complete and accurate, to the best of my knowledge and belief. ATIACHMENT D-2

FEES AND EXPENSES RESPONSE SHEET

(To be attached to and made a part of the overall Response to Request for Qualifications)

1. Please list the name and hourly rate for proposed Lead Counsel and for each attorney intended likely to serve as back-up.

Answer: See our response to Attachment A-2. This response to legal Services Area D is part of a comprehensive proposal that covers all legal services Areas A through E. the billing is to be handled per Attachment A-2.

2. if you propose to bill for services provided by paralegals, clerical staff, or other non-attorney personnel, please list by title and by hourly rate each position for whom you may bill.

4. In what hourly increments do you intend to bill?

5. Do you bill out attorney time out of the office on a portal-to-portal basis or some other basis? Please describe.

6. Please describe any proposed alternative fee arrangement.

7. For each city or town, you represent list the legal budget (broken down) the last five years and the actual amount spent that year, with an explanation for any substantial differences.

8. For each city and town, describe cost containment procedures you have implemented to keep the legal budget reasonable and cost effective. ATIACHMENT D-3

MUNICIPAL LAW EXPERIENCE CHECKLIST

(To be completed for each team member)

Answer: This response to legal Services Area D is part of a comprehensive response to all legal Services Areas A through E; our municipal law experience is described in our response to legal Services Area A

Rate your experience within the last five years in the following areas of municipal law using the scale below.

1. No experience

2. limited experience

3. Moderate experience

4. Advanced experience

S. Extensive experience Answer: See our response to Attachment A-3.

_ 5_ General Municipal law, established under Massachusetts General law and case law;

_ 5_ Municipal Finance;

_ 5_ Town bylaws and regulations;

_ 5_ Open Meeting, public record, executive session, conflicts of interest law;

_ 5_ Zoning and land use issues;

_ 5_ Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings; licenses; conservation and agricultural restrictions; right-of- first refusal;

_ 5_ Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting;

_5_ Drafting and monitoring special legislation;

_ 4_ Public bidding, public construction, and municipal procurement issues including lease purchasing of equipment and contract approval;

_ 5_ Affordable Housing; MGL. C. 40B; MGL c. 44, s. SSC (Municipal Housing Trusts)

_ 5_ Subdivision control law;

_ 5_ Community Preservation Act; ATIACHMENT D-4

STATEMENT OF LITIGATION EXPERIENCE

(To be completed for each team member)

Rate your experience with in the last five years practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experrence

5. Extensive experience

_ s_ Trf~ls before State Courts (Ofstrfct, Superior, land Courts)

_ 5_ Trials before Federal District Courts

_ s_Appeals before Massachusetts Appeals Court

_ 5_ Appeals before Massachusetts Supreme Judicial Court

_ 5_ Administrative Proceedings before Massachusetts Civil Service Commission

_ 3_ Arbitration Proceedings

_ 5_ Mediation Proceedings

_ 3_ Administrative Proceedings before Massachusetts Appellate Tax Board

_ 5_ Administrative Proceedings before Massachusetts Department of

_;,_Environmental Protection

_ 5_ Administrative Proceedings before the ABCC

_ s_ Administrative Proceedings before the Housing Appeals Committee

3_ Administrative Proceedings before Division of Administrative law Appeals ATIACHMENT E-1

SPECIAL COUNSEL

RESPONSE TO REQUEST FOR QUALIFICATIONS FOR TOWN OF COHASSET LEGAL SERVICES

Name: See our response to Attachment A-1; Our response to this RFQ includes this Area of legal Services combined with other Areas A through D, or some combination of Areas, or one Areas separately. The answers are the same in any case as already provided.

We have handled licensing issues for the Town of Cohasset until recently, and handle licensing issues for other communities. Attorney len Kopelman is experienced in Appellate Tax Board work. We have done cable work but prefer to engage a specialist lawyer to assist us to provide this service together in a comprehensive, coordinated manner, to the town.

Name of Firm:

880#:

Street City1 State1 Telephone:

Fa)(; Number:

Email:

Website:

Please respond to each of the following} using separate pages as necessary:

1. Please identify by name (and 880 #1 address and phone number if different than above) the proposed lead counsel as well as members of a team, and ea~h proposed back-up counseL

2. Please attach resumes for each attorney identified above.

3. Do each of the attorneys identified above meet the minimum bar admission requirements of the

11 RFQ? If other than uyeS 1 please explain.

4. With respect to each attorney identified1 please list each Massachusetts municipality represented by the attorney within the past ten years1 the years of such representation} and the name} address and phone number of at least one contact person in each munfdpality wfth know[ edge of the attorne{s representation.

5. Please describe each identified attorney1 s experience in municipal law.

6. Please describe how you propose to satisfy the Accessibility and Accountability requirements of the RFQ.

10. Are you available to review and approve as to form and content all contracts to which the Town is a party?

11. Do you provide regular updates on regulations, legislation and court decisions affecting municipalities and, if so, would this be a separate expense?

12. Do you provide training in legal obligations and compliance for elected, appointed and compensated Town employees on issues such as conflict of interest, ethics, freedom of information, open meeting law and harassment, and, if so, would this be a separate expense?

13. Please describe any complaints with the Board of Bar Overseers or suits against each identified attorney in the last ten (10) years and how the complaints or suits have been resolved.

By my signature, 1 certify that the information contained in this Response to Request for Qualifications are complete and accurate, to the best ot my knowfedge and belfet. ATIACHMENT E-2

FEES AND EXPENSES RESPONSE SHEET

(To be attached to and made a part of the overall Response to Request for Qualifications}

1. Please list tile name and llourly rate for propo9ed Lead Coumel and for each attomey intended likely to serve as back-up.

Answer: See our response to Attachment A-2. This response to legal Services Area 0 is part of a comprehensive proposal that covers all legal services Areas A through E, t he billing is to be handled per Attachment A-2 except that if the town accepts our suggestion to allow us to engage specialty cable counsel, the billings of such counsel are proposed to be reimbursed by the town ..

2. if you propose to bill for services provided by paralegals, clerical staff, or other non-attorney J'lersonnel; please list by title and by hourly rate each position for whom you may bm,

4. In what hourly increments do you intend to bill?

5. Do you bill out attorney time out of the office on a portal-to-portal basis or some other basis? Pfease describe.

6. Please describe any proposed alternative fee arrangement.

7. For each c;ity or town, you represent Hst the legal budget 'broken down) the last five years and the actual amount spent that year, with an explanation for any substantial differences.

8. For each city and town, describe cost containment procedures you have implemented to keep the legal budget reasonable and cost effective. ATIACHMENT E-3

MUNICIPAL LAW EXPERIENCE CHECKLIST

(To be completed for each team member}

Rate your experience within the last five years in the following areas of municipal law using the scale below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced experience

5. Extensive experience Answer : See our response to Attachment A-3 .

.-S~General Municipal Law, established under Massachusetts General Law and case law;

_ 5_ Municipal Finance;

_ S_Town bylaws and regulations;

_ 5_ Open Meeting, public record, executive session, conflicts of interest law;

_ 5_ Zoning and land use issues;

_ s_ f{eaf estate Issues: acquisitions, safes, eminent domafn, easements, reases, tax takings; fi'censes; conservation and agricultural restrictions; right-of- first refusal;

_ 5_ Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at fown Meeting;

_ 5_ Drafting and monitoring special legislation;

_ 4__,. Public bidding, public construction, and municipal procurement issues including lease purchasing of equipment and contract approval;

_ 5_ Affordable Housing; MGL. C. 408; MGL c. 44, s. SSC (Municipal Housing Trusts}

_ 5_ Subdivision contror raw;

_ 5_ Community Preservation Act;

= 5= Wetlands regulations;

_ 5_ Environmental issues;

_ 5_ Elections law and procedures; _5_ Licensing;

_s_ Representation of the Town in all courts, including appellate level, and administrative agendes and other litigation;

_3_ Appellate. Tax Bo-ard matters;

_5_ Property and Liability claims against Town;

_ 4_ Union contract negotiations, FMLA, FlSA, harassment, labor arbitration and JLMC ATTACHMENT E-4

STATEMENT OF LITIGATION EXPERIENCE

(To be completed for each team member)

Answer: See our response to Attachment A-4. This response to Legal Services Area E is part of a com prehensive proposal t hat covers all Legal Services Areas A through E, these questions have already been answered per Attachment A-4.

Rate your e~perience with in the last five years practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. No experience

2. Limited experience

3. Moderate experience

4. Advanced e"perience

5. Extensive experience

_ 5_ Trials before State Courts (District, Superior, Land Courts)

_ 5_ Trials before Federal District Courts

_ 5_ Appeals before Massachusetts Appeals Court

_ 5_Appeals before Massachusetts Supreme Judicial Court

_ 5_ Administrative Proceedings before Massachusetts Civil Service Commission

_ 3_ Arbitration Proceedings

_ 5_ Mediation Proceedings

_ 3_ Administrative Proceedings before Massachusetts Appellate Tax Board

_ 5_ Administrative Proceedings before Massachusetts Department of

_s__ Environmental Protection

_5__ Administrative Proceedings before the ABCC

_ 5_ Administrative Proceedings before the Housing Appeals Committee

_ 3_ Administrative Proceedings before Division of Administrative law .Appeals CERTIFICATE OF TAXES/TAX ATIESTATION

Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under penalties of perjury that

has/have complied with all laws of the Commonwealth of Massachusetts relatin to taxes, reporting of employees and contractors, and withholding and remitting chi pport. [)V f?t te UJ ctk. r& N 1./

Social Security Number, or Signature of Individual, or Federal Identification Number Corporation Name

:~~::.:_ Corporate Officer & Title 'if applicable)

AFFIX CORPORATE SEAL CERTIFICATE OF NON-cOLLUSION

The undersigned certifies under penalties of perjury that this bid, or proposal, has been made and submitted in good faith and without collusion or fraud wtth ~my ott.er person. As used in this certification, the word 11person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature of Individual, or Corporation Name

By: ______

Corporate Officer & Title (if appUcable}

AFFIX CORPORATE SEAL PAUL R. DERENSIS, ESQ.

Principal -Municipal, Business and Corporate, Labor and Employment, and Environmental Groups

[email protected]

WORK FOR CLIENTS Mr. DeRensis has represented public entities and has served as Town Counsel or Special Town Counsel, County Counsel, counsel to a Land Bank, an Airport, and a Water Company. As a consequence he has extensive experience with City Councils, Town Managers, Boards of Selectmen, Planning Boards, Conservation Commissions, Town Meetings, Warrants, Boards of Appeals, Executive Secretaries or Town Administrators, Housing Partnerships, Study Committees, Historic District Commissions, Parks & Recreation Commissions, Boards of Health, Boards of Assessors, Treasurers, Town Clerks, Town Accountants, Building Inspectors, Police and Fire Departments, Schools and Continuing Education Programs, Alcohol Licenses and other licenses and pennits, Boards of Sewer Commissioners, Special Permit Granting Authorities, Department of Revenue and the State Ethics Commission. Mr. DeRensis is experienced in municipal matters involving public procurement, land use, environmental, civil rights, contracting, ethics, municipal finance/Depattment of Revenue issues, special education, and retirement issues. In addition, he practices in the area of corporate governance representing both non-profit and for-profit corporations. PROFESSIONAL ACTIVITIES Mr. DeRensis is admitted to practice in New York; U.S. District Court, Southern and Eastern Districts of New York; Massachusetts, U.S. Court of Appeals, Second Circuit and U.S. District Court, District of Massachusetts; U.S. Court of Appeals, First Circuit; U.S. Supreme Court. PERSONAL AND COMMUNITY ACTIVITIES

• DeRensis is a member of the Boston Bar Association and the Massachusetts Bar Association. • DeRensis is an eight-term elected official serving as a town selectman. He was also chairman of a Board of Selectmen for seven years, a former town planning board member, and former town Finance Committee Member.

• DeRensis has been President and First Vice President of the Massachusetts Selectman's Association and is a board member of the Massachusetts Municipal Association and the Massachusetts Selectmen's Association.

• DeRensis has served nine terms on the Governor's Massachusetts Local Government Advisory Committee.

• DeRensis was appointed by the Governor as "Public Member" of the Board of Registration in Medicine (the Board which regulates and supervises the medical profession in Massachusetts) for the tenn 2013-2016. PUBLICATIONS/PRESENTATIONS • "The Civil Liabilities of Data Base Operators", The Practical Lawyer, July 1978 (Reprinted), DATA EXCHANGE, March-April 1979),

• "Impact of Computers on Professional Malpractice", The Practical Lawyer, June 1979 (Reprinted), Case & Comment, May-June 1980).

• "Discovery and Pretrial Defense in a Proprietary Rights Case", Contesting Computer Disputes, Harcourt, Brace & Janovitch, 1981.

• Handbook for Massachusetts Selectmen, Fourth Edition, 2014, Member of Editorial Advisory Board, Mass. Municipal Association. EDUCATION

Mr. DeRensis received his Bachelor Degree from Harvard College and his Juris Doctorate from Harvard Law School. AWARDS • DeRensis has been named 12 times as a New England Super Lawyers, most recently in 2016. The list of2016 Super Lawyers is assembled by Thomson Reuters in conjunction with Boston Magazine based on peer nominations by attorneys, independent research conducted by the Thomson Reuters research staff, and peer evaluations by practice area across the six ew England states aimed at selecting as Super Lawyers the top 5 percent ofNew England attorneys in more than 60 practice areas and reflects both peer recognition and professional achievement verified through careful selection process to determine New England's best. • DeRensis was recognized in Mattindale Hubbell Bar Registry of Preeminent Lawyers, Municipal and Zoning Law (Volume 1 page 1258A and 1258B). • DeRensis was named as one ofthe Boston Globe's Top Rated Lawyers of2015 in both the Government Law category and the Zoning, Planning and Land Use category.

PRACTICE AREAS

• Municipal

• Business and Corporate

• Labor and Employment

• Environmental LEONARD KOPELMAN, ESQ. Of Counsel- Municipal Group WORK FOR CLIENTS Mr. Kopelman specializes in advising town officials and departments on state law issues affecting the operation of local government, including open meeting law, public records law, conflict of interest, municipal fmance, Town Meeting, the implementation of local laws and regulations, and land use.

PROFESSIONAL ACTIVITIES Leonard Kopelman serves as a master in the Superior Court and was the former chair of the Education Committee of the American Judges Association. He was appointed by the Justices of the Supreme Judicial Court to serve as member of the Court's Special Committee on Legal Education. He is a past president of the Massachusetts State Chamber of Commerce, State Chairman of the American Bar Association Committee on Diplomatic and Consular Law and was appointed by the President of the United States to head the legal division of the Office ofEconomic Opportunity in Massachusetts. He is also active in community and civic organizations and serves on the Board of Trustees of several nonprofit organizations. Mr. Kopelman has also appeared before the Supreme Court of the United States and is frequently called upon by state agencies to testify before the legislature and various commissions.

• Massachusetts Bar

• State and Federal Courts in Massachusetts • Supreme Cowt of the United States

100029909 ·9999/00} PERSONAL AND COMMUNITY ACTIVITIES Mr. Kopelman has been lecturing on management and law at Harvard University for the past 30 years. He has taught at the Harvard Law School, Harvard Business School, Harvard College, and Harvard Extension School and is a Pre-Law Advisor. He delivered 1983 and the 2009 Commencement address to Harvard University Extension and was the 25-year Honorand for the year 200 I. He has won two teaching awards at Harvard and lectures abroad extensively.

Leonard Kopelman has an international reputation as well. He serves as the Consul General to the Republic of Finland for the states of Massachusetts, New Hampshire, Vennont, Maine, and Rhode Island and is Dean of the Consular Corp of Boston. In addition, he was the Director General of the Consular Corps College. He has participated in several Foreign Policy Conferences for senior business executives with the Secretary of State and was the United States 1 Delegate to the Society for International Development 14 b World Conference held in Abidjan, Ivory Coast. He is past state chainnan of the American Bar Association Committee of Diplomatic and Consular Law. • Trustee, Cathedral of the Pines, a National Shrine • Director, Camp Allan for Blind Girls (Kiwanis)

• Trustee, Faulkner Hospital • Trustee, Parker Hill Medical Center

• Director, United Nations Association of Greater Boston PUBLICATIONS/PRESENTATIONS • Fonner Editor of Law Notes (second largest legal publication) and the Quarterly Journal ofEconomics • Author of books entitled Rent Control and the Health Code and Legal Checklists • Has appeared in Business Week and on CNN • Various articles on Municipal Law in the Boston Bar Journal and the Municipal Advocate (MMA), including: "Municipalities Can Use Tax Agreements to Promote Affordable Housing" and ''The Art and Science of Managing Legal Services"

• Boston Business Journal: "Municipal Bankruptcies" EDUCATION Mr. Kopelman received his Bachelor of Arts cwn laude from Harvard College and his Juris Doctorate from Harvard Law School. AWARDS • Who's Who in America, WJw's Who in American Law, and Who's Who in the World • 2006-2011 "Super Lawyer" in the field ofmunicipallaw by Law & Politics, Inc. • Recognized as one of the twelve most "Influential Lawyers in Massachusetts" by the National Law Journal • Received a National Endowment for the Humanities Grant in Jurisprudence • Harvard University Shattuck Award for Excellence in Teaching

• Harvard University Fussa Distinguished Teaching Award PRACTICE AREAS • Municipal

(00029909 -9WW

Principal- Litigation, Environmental, Labor and Employment, Municipal, Insurance Advisory Services, and Real Estate and Land Use Groups ddeutsch@bdboston .com

WORK FOR CLIENTS For 32 years, Mr. Deutsch has prepared complex civil and white-collar criminal cases and tried them before judges and juries in the state and federal courts of Massachusetts and New Hampshire and numerous administrative tribunals. He also has argued extensively before the Massachusetts Appeals Court, Supreme Judicial Court, and the First Circuit Couri of Appeals in a wide array of cases, including matters of first impression.

In 2007, Mr. Deutsch tried in the federal court in Boston, with several other attorneys, a wrongful imprisonment case arising from the 1968 capital murder conviction of four innocent men (Limone etal. v. United States). That trial resulted in an award of$100 million for the plaintiffs and their families, which was upheld on appeal. It is the largest such award in United States history. As a counselor, Mr. Deutsch regularly advises individuals and businesses on insurance coverage matters. Informed by his litigation experience, he also negotiates and drafts corporate and transactional documents, employment contracts, and severance agreements. Because he has operational experience in a family-run manufacturing business, he is especially attuned to the concerns of small businesses, for whom he acts as general counsel. PROFESSIONAL ACTIVITIES

(00029906 ·9999100) Mr. Deutsch is a Vice-Chair of the Appellate Advocacy Committee, Torts Trials and Insurance Practice Section of the American Bar Association. He served the Massachusetts Bar Association as a member of its September 11 Committee and has presented to students in the public schools. Mr. Deutsch received the Boston Bar Association President's A ward in 2014 for his assistance to a business victimized by the Boston Marathon bombing. PERSONAL AND COMMUNITY ACTIVITIES

Mr. Deutsch has served on Vision 2020, a strategic planning committee for the Town of Lexington, and is a member ofthe Executive Committees ofthe University of Chicago Laboratory Schools and ofthe Boston University School of Law Alumni Association. He is an accomplished landscape and architectural photographer and enjoys bicycling and cross-country skiing. PUBLICATIONS/PRESENTATIONS

Mr. Deutsch lectures on environmental law to visiting Chinese pre-law students at Boston University School of Law each summer. He also has lectured and authored articles on business planning, litigation prevention, and employment practices for trade groups, including several chapters of the Painting and Decorating Contractors Association, the nation ' s oldest trade association. Hi s professional publications include:

• Co-author: " Recent Developments in Appellate Advocacy," 45 TORT TRlAL & INS. PRAC. L.J. 179 (Winter 2010).

• Co-author: ·'Recent Developments in Appellate Advocacy," 46 TORT TRIAL & INS. PRAC. L.J. 195 (Winter 20 11 ).

Cases that Mr. Deutsch has litigated have resulted in decisions published by state and federal appellate courts:

• Cardoso v. Liu; Soares v. Liu, App. Div. No. 10-ADMS-10036, 10038 (May 4, 2011)

• Limone v. United States ofAmerica, Court of Appeals, Case No. 08-1327 (2010)

• Limone v. United States ofAmerica, U.S. District Court for District of Massachusetts, Civil Action No. 02-cv- 10890NG(2007) (http://pacer.mad.uscourts.gov/dc/opinions/gertner/pdf/limonefinalalljuly26.pdf)

• Grassia v. Magee, 10 Land Court Rptr. 179 (2002)

• California Plant Protection, Inc. v. Durand, 39 Mass. App. Ct. 627 ( 1996) EDUCATION Mr. Deutsch served as a law clerk with the Office of the United States Attorney for the District of Massachusetts, practiced law in southern New Hampshire, and for 29 years practiced with the Deutsch Williams law firm in Boston, where he also served as co-Managing Principal. He earned his Bachelor of Arts in Government, with distinction. from Cornell University and his Juris Doctorate from Boston University School of Law.

l000l9906 -99'J91001 PRACTICE AREAS • Litigation • Environmental Law • Labor and Emgloyment • Municipal • Insurance Advisory Services • Real Estate and Land Use NOEMI KAWAMOTO, ESQ. Litigation and Municipal Groups [email protected]

AREAS OF PRACTICE Noemi concentrates her practice on the prevention, management, and litigation of a wide variety of matters, including commercial disputes and municipal matters.

WORK FOR CLIENTS Noemi has practiced law for over ten years, concentrating on a wide variety oflitigation matters in both state and federal court. Her experience includes managing complex commercial disputes, antitrust issues, professional malpractice claims, and land use and municipal matters.

Noemi has experience at both the trial and appellate court levels and has briefed and argued cases in Superior Court, Land Court, the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court, the federal District Court for the District of Massachusetts and the First Circuit Court of Appeals, including matters of first impression.

As a litigator, Noemi pays particular attention to working with clients to devise strategies that make sense for each matter and client, including pre-litigation strategies. Noemi also has experience mediating and arbitrating disputes.

Noemi is admitted to practice law in the Commonwealth of Massachusetts as well as in the StateofNewYork.

PERSONAL AND COMMUNITY ACTIVITIES

Noemi is an avid fitness enthusiast and enjoys cycling and teaching group fitness classes in her free time.

EDUCATION Noemi earned her J.D. from Boston University School of Law after graduating magna cum laude from Santa Clara University with dual degrees in Combined Sciences and Spanish Studies. She is also a member of Phi Beta Kappa.

{00026324 -9

PRACTICE AREAS • Litigation • Municipal

100026324 -9999100) RODNEY G. HOFFMAN, ESQ.

Of Counsel - Business and Corporate Law and Municipal Groups

[email protected]

WORK FOR CLIENTS

Mr. Hoffman's broad transactional practice embraces general corporate formation and documentation, commercial and secured transactions, capital formation, lending transactions, and intellectual property matters. He counsels closely-held and other businesses relative to those matters, as well as corporate governance, strategic planning, and employment law matters relating to compensation, non competition, and severance issues. In addition, Mr. Hoffman regularly advises municipal clients on contracting and construction transactions and procurement matters. PROFESSIONAL ACTIVITIES

Mr. Hoffman is a member of the Massachusetts Bar Association and Boston Bar Association and is a member of both the Massachusetts and Pennsylvania bars. He is long-time counsel to and President of the Massachusetts Council on Compulsive Gambling, which provides services for both professionals and clients regarding ,•

problem gambling in the Commonwealth. He also is a member of the municipal Personnel Committee in the city in which he resides. EDUCATION

Mr. Hoffman holds a Bachelor of Arts degree from the University of Pittsburgh and a Juris Doctorate from Harvard University. PRACTICE AREAS • Business and Corporate Law • Municipal JOHN GF RUGGIERI-LAM, ESQ.

Of Counsel - Real Estate and Land Use Group

857-930-4828 [email protected]

WORK FOR CLIENTS

Mr. Ruggieri has extensive experience in residential condominium development and financing including business entity (LLC, Partnerships, et al) selection in connection with real estate development and residential purchase and sales contracts and conveyancing. John also advises businesses in the restaurant and hospitality industry as to all aspects of business formation, financing, contracts and business dispute and issue resolution.

PROFESSIONAL ACTIVITIES

Mr. Ruggieri is a member ofthe Massachusetts and Rhode Island Bars, the Massachusetts Bar Association, and the Real Estate Bar Association. PERSONAL AND COMMUNITY ACTIVITIES

Mr. Ruggieri is presently the Chainnan of the Board of the Boston Center for the Arts, a non profit organization based in the Boston's South End, whose mission is connecting emerging artists to the community, as well as providing space and opportunity for artists to thrive and foster their work. John is board member emeritus ofthe East End House, one of Cambridge Massachusetts oldest charitable organizations catering to the elderly and children in the Cambridge area.

{00()29908 -9999/00} PUBLICATIONS/PRESENTATIONS

Mr. Ruggieri has made numerous presentations to real estate brokers and professionals, as well as first time home buyer seminars, for purposes of education and fostering of good business and understanding of the real estate purchase and sales process and legal aspects related to such transactions.

EDUCATION

Mr. Ruggieri received his Bachelor's Degree in Business Administration for Boston University, and his Law Doctorate from Suffolk University, Boston in 1990. PRACTICE AREAS

• Real Estate

• General Business

• Restaurant and Hospitality • Litigation

!00029908 ·99')9/00) PIERRE C. YOUSSEF, ESQ. Real Estate, Municipal, and Litigation Groups pyoussef@bd boston.com

WORK FOR CLIENTS Pierre Youssef is an Associate with the firm. Pierre's practice focuses on real estate, municipal, and general litigation matters. Prior to joining Brooks & DeRensis, Pierre represented municipalities throughout the Commonwealth concerning: evictions, land court and property title matters, tax taking matters and general litigation.

PROFESSIONAL MEMBERSHIPS Pierre Yousef is a Member of the Massachusetts Bar and is licensed to practice in the United States District Court for the District of Massachusetts.

PERSONAL AND COMMUNITY ACTIVITIES In his spare time, Pierre enjoys spending time with his family and fiancee. He enjoys staying active and traveling.

EDUCATION Mr. Youssef holds a Bachelor's Degree, cum laude, from Framingham State University, and a Juris Doctorate from Suffolk University Law School.

PRACTICE AREAS • Real Estate • Municipal • General Business • Litigation STEVEN SCHALK

ParalegaljLegal Assistant PROFESSIONAL EXPERIENCE

Steven has worked as a paralegal/legal assistant in the Boston area since late 2014 in a variety of fields including real estate, corporations, and estate planning. EDUCATION

Steven graduated from Tulane University with a Bachelor of Arts, Majoring in Political Science, in 2010 and later from Cuyahoga Community College with a Certificate in Paralegal Studies in 2012. INTERESTS

Among some of his interests, Steven is a passionate Cleveland sports fan, an avid reader of science fiction, and owns far too many video games. He's attended Mardi Gras in New Orleans, Oktoberfest in Munich, and hopes to someday know what he wants to be when he grows up. JAMES T. HARGROVE, ESQ. Chair- lnsurance Advisory Services and Litigation Groups

[email protected]

WORK FOR CLIENTS

Mr. Hargrove's litigation has included personal and commercial property, personal and commercial liability, environmental liability, directors' and officers' liability, errors and omissions liability, fidelity and surety, and inland and ocean marine. He has represented commercial insureds as well as many major domestic and foreign insurers including Underwriters at Lloyds, London. ln addition to his trial work, Mr. Hargrove has consulted with insurers and insureds regarding the drafting and interpretation of insurance policies and alternative methods of managing risks.

Over the years, Mr. Hargrove has tried numerous cases to verdict in state and federal Courts, ranging from arson and fraud defense to fish mortality claims in jurisdictions from Maine to California. He has argued matters before the Massachusetts Appeals Court, Connecticut Appeals and Supreme Courts, and the Federal First and Second Circuits. Prior to joining Brooks & DeRensis, Mr. Hargrove was counsel at Deutsch Williams, a shareholder at Goulston & Storrs, PC, and a partner at Morrison Mahoney LLP. PROFESSIONAL ACTIVITIES Mr. Hargrove is admitted to practice in Massachusetts and admitted before the Federal District Courts of Massachusetts, Maine, Connecticut, New York, Vermont, and Michigan. He is admitted to practice before the Federal First and Second Circuit Courts of Appeal. He has been admitted pro hac vice in the state courts of Maine, Connecticut, New York, Nevada, Louisiana, and California. Mr. Hargrove has acted as a trial advisor for the Harvard Law School Trial Advocacy Workshop, as a judge for the Suffolk University Law School Moot Court Board, and as a judge for the ATLA (now American Association for Justice) National Student Trial Advocacy Competition. PERSONAL AND COMMUNITY ACTIVITIES

He has also volunteered in Scene Design and Construction for the Manchester Essex Regional Schools. In addition, he has taught at the University of Windsor, Ontario, while in the MFA program at Wayne State University, as well as an instructor at Northeastern University. EDUCATION

Mr. Hargrove holds a Bachelor of Arts degree in Theatre from Loyola University in Chicago and received his Juris Doctorate from Suffolk University Law School. PRACTICE AREAS • Insurance Advisory Services • Litigation JOHN F. DOLAN, ESQ. Municipal, Labor and Employment Groups

AREAS OF PRACTICE

Mr. Dolan has decades of experience as a municipal attorney. Futther, he has served three communities as a Town Administrator. He knows first-hand the challenges management faces.

WORK FOR CLIENTS

Mr. Dolan provides legal advice and representation to employers conceming all labor and employment/human resource issues; conducts labor negotiations with employee unions: represents public and pri vate employers in resolving disputes involving labor matters, employment and di scrimination issues; provides training for employers in all aspects of employment law; represents management entities in labor relations/employment proceedings beforethe courts, the American Arbitration Association, the Massachusetts Department of Labor Relations, the Civil Service Commission, the Massachusetts Commission Against Discrimination,theJointLabor/ManagementCommitteeand other forums: and advocates management interests with the Massachusetts legislature.

Mr. Dolan regularly counsels management in all phases ofthe employer-employee life cycle. He provides guidance on best practices and pitfall avoidance in hiring, drafts personnel policies and employment handbooks, prepares employment and severance agreements, and serves as an integral part of the management team in managing employment-related legal risks. Mr. Dolan also has extensive experience in the area of health insurance, particularly in the public sector.

Mr. Dolan is admitted to practice in Massachusetts and New Hampshire (inactive status at present), the Federal District Courts of Massachusetts and New Hampshire, and the Supreme Court of the United States.

PERSONAL AND COMMUNITY ACTIVITIES

In his rare spare time, Mr. Dolan enjoys saltwater flyfishing and performing with the Irish band Rare Ould Times (at least in the pre-COVID days).

EDUCATION

Mr. Dolan holds a Bachelor of Arts degree from Harvard College and a Juris Doctor degree from the Boston University School of Law.

PRACTICE AREAS • Municipal • Labor • Employment

(OOo.?lWB ·9'9'!9/001 PETER J. BERRY, ESQ. Labor and Employment Group

[email protected]

WORK FOR CLIENTS

Mr. Berry provides legal advice and representation to employers concerning all labor and employment/personnel issues; conducts labor negotiations with employee unions; represents public and private employers in initiating and defending litigation involving labor relations, employment and discrimination issues; provides training for employers and educational entities in all aspects of employment law; represents management entities in labor relations/employment litigation before Massachusetts and Federal Courts, the American Arbitration Association, the Massachusetts Labor Relations Commission, the Civil Service Commission, the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, the Board of Conciliation and Arbitration, and the Joint Labor/Management Committee; and advocates management interests with the Massachusetts legislature. Mr. Berry has represented management interests in both traditional and interest based bargaining with unions representing police, fire, dispatch and other public safety personnel, employees of public works departments, custodians, clerical employees, teachers, administrators, and paraprofessionals. PROFESSIONAL ACTIVITIES • Massachusetts Bar Association, Labor and Employment Law Section Council: Chair, 1999-2000; Vice-Chair, 1998-1999 • Massachusetts Bar Foundation: Fellow, 1989-Present. • Lawyers Clearinghouse on Affordable Housing and Homelessness: Founding Board Member, 1987-1995. • Berry received the Boston bar Association President's Award in 2014 for his assistance to a victim of the Boston Marathon bombing.

PERSONAL AND COMMUNITY ACTIVITIES • Acton Board of Selectmen: 2007- 2010; 2013-present • Massachusetts Division of Labor Relations Advisory Council Governor's Appointment, 2007- 2013 • Emmanuel Church, Newbury Street, Boston, MA: Senior Warden; 1983-1990. • Acton Housing Authority: Commissioner, 1988-1990. • Acton Community Housing Corporation: Director, Chairman, 1989-2002 • Acton Zoning Board of Appeals: Member, Chairman, 1993-2000 • Action Conservation Commission: Commissioner, Vice-Chair, 2001-2003. • Acton Community Preservation Committee, Chair, 2002-2005; 2013-present EDUCATION

Mr. Berry holds a Bachelor of Arts degree from University of Massachusetts and Juris Doctorate from New England Law. PRACTICE AREAS • Labor and Employment SUPPLEMENT 2

Town of Canton, 801 Washington Street, Canton MA 02021 Town Counsel 2003- to present time Chair of the Select Board John Connolly, Telephone: 781-760-1405; Email, irnnnnii117R1 f@vPri7cm n pf

Town of Randolph, 41 Sout h Main Street, Randolph, MA 02368 Town Counsel1990-2010, Outside counsel 2011-present time. Council President William Alexopoulus, Telephone: 781-389-8132 Email: walexopoulusrandolph-ma.gov

Town of Mansfield, 6 Park Row, Mansfield, MA 02048 Town Counsel 2010 to present time Select Board Chair Frank Delvecchio, Tetephone:860-335-0343 Email: [email protected]

Town of Groton, 173 Min Street, Groton, MA 01450 Town Counsel 2018 to present time Select Board Chair Al ison Manugian Telephone : 978-877-7042 Email [email protected]

Town of New Braintree (Attorney Len Kopelman) Executive Secretary Kristen Thacker Telephone: 508-867-2071 extension 1 Ema il: [email protected]

Special Counsel:

Town of Templeton, Select Board member Jeff Bennett Telephone : 978-939-8201 Email: [email protected]

Town of Wilmington (Attorney Dan Deutsch) Former 27 year select boa rd member, Michael McCoy Telephone 978-604-8115

City of Sommerville (Attorney Peter Berry) Attorney Francis Wright, City Solicitor Telephone: 617-625-6600 x4410 Email: [email protected] Town of Halifax (Attorney Kawamoto) Town Administrator Charles Seelig Email: ~eeitg@ town . halt fax . ma . u s LIST OF MASACHUSETTS MUNICIPALITIES REPRESENTED BY ATIORNEY JOHN F. DOLAN IN THE PAST TEN YEARS (AS LABOR COUNSEL, llRIEMPLOYMENT COUNSEL, OR BOTH)'

Municipality Years Represented Contact TownofDedham 2010 - Present Nancy Baker, Assistant Town Manager Dedham Town Hall, 450 Washington St., Dedham, MA 02026 I C781l 751·9102 Town of Falmouth 2015 -Present Julian Suso, Town Manager Falmouth Town Hall, 59 Town Hall Sq., Falmouth, MA 02540 I rso8) 495-732o Town ofFoxborough 2015 - Present William Keegan, Town Manager Foxborough Town Hall, 40 South St., Foxborough, MA 02035 I 1508\543-1219 Town of Littleton 2010-2016 Ann Essman. Assistant Treasurer/HR Administrator, Littleton Town Offices, 37 Shattuck St., Linieton, MA 01460 ' (978) 540.2450 Town and County of 2010-2013 Gregg Tivnan, Assistant Town Manager Nantucket Nantucket Town Hall, 16 Broad St., Nantucket, MA 02554 , f 508\ 228-7200 ext. 7307 Town of Princeton 2016- Present Sheny Patch, Town Administrator Princeton Town Hall, 6 Town Hall Dr., Princeton, MA 01541 _(978)464-2102 Town of Stoughton 2016-Present Robin A. Grimm, Ph.D., Town Manager Stoughton Town Hall, I 0 Pearl St., Stoughton, MA 02072 (78!) 341-1300, ext. 9211 Town of Truro 2011-2016 Robert Weinstom, Chaitperson, Select Board P.O. Box 479, Truro, MA 02666 (508) 349-6437

1 Omitted from this list are a number of towns Attorney Dolan served as Special Counsel for limited purposes, such as conducting an investigation into allegations of employee misconduct. LANDMARK CASES

• Weston & Sampson CMR. Inc. v. Town ofFoxborough and Barbato Construction Co .• In£.., Norfolk Superior Court C.A. # 2012-00561. Successfully defeated Weston & Sampson's Motion for a Preliminary Injooction. On March 26, 2012 a Two Count Complaint for TRO and Declaratory Judgment regarding Oak Street Water Treatment plant and associated facilities was filed. Weston and Sampson claimed that it was the lowest responsible bidder under G.L. c. 30, § 39M and should have been awarded the contract. An investigation into DCAM Update filings post· certification revealed unsatisfactory perfonnance by Weston & Sampson in other contracts. A detennination was made that Weston & Sampson was not a "responsible bidder". The Director of D.P. W. recommended to the board and the board in tum recommended to the Chief Procurement Officer to award the contract to another bidder. Weston & Sampson appealed, as its bid was numerically lower. The Complaint was dismissed with prejudice by Stipulation.

• Susan Young v. Randolph. Appeals Court No. 2011-P-1572, was Norfolk Superior Court C. A. # 2009-00649. Sought and successfully received Judgment for the town on the plaintiffs claims of failure to pay compensation, pursuant to G.L. c. 149, § 150, to former employee "Pool Manager" in the amount of over $39, 606.00, which she claimed should be doubled or trebled, along with the plaintiffs request for costs and attorneys' fees, as allowed by the statute. We drafted, ftled and argued a comprehensive Motion for Summary Judgment on plaintiffs failure to pay for monies she claimed were due on •authorized' compensation time, which involved both a complicated paper trail as well as a complex employment situation that involved appoinbnents to various employment positions and an alleged histozy of authorizations for such work by her supervisor who left the employ of the town under less than amicable circumstances and who supported plaintiff's claim via affidavit. After our victory at the Superior Court the plaintiff appealed filed an appeal with the Appeals Court which was later dismissed.

• Town of Randolph v. Darren Woolf(Police Bypass Appeal), Civil Service Commission Case No. Gl-09-36; Town of Randolph v. Civil Service Commission and Darren Woolf. Civil Action No. 10-2061. Darren W oolfwas bypassed for an original appoinbnent to the police department based on his dishonesty during interviews about the nature of a prior arrest. He filed an appeal of the bypass with the Civil Service Commission. A full hearing was held on June 24, 2009 before an Administrative Magistrate at the Division of Administrative Law Appeals. On January 4, 2010, the Administrative Magistrate issued a recommended decision that the Town was justified in bypassing Mr. Woolf for appointment. On February 2, 2010, Mr. Woolf filed objections to the recommended decision, and we filed a response to those objections on February 23, 2010. On Apri122, 2010, the Commission, in a 2-1 decision, decided not to adopt the recommended decision of the Administrative Magistrate, and instead allowed Mr. Woolf's appeal ordering him to the top of the current requisition list for future appointments. The Town filed an appeal of the Commission's decision to the Superior Court and the parties filed motions for judgment on the pleadings. The parties appeared in Superior Court for oral argument on April13, 2011 and the court rendered its decision on Apri128, 2011, allowing the town's Motion for Judgment on the Pleadings, which sought to vacate the decision of the Civil Service Commission and to enter a Judgment for the town. Woolf appealed, the appeal was briefed and argued, and on February 2012, the Appeals Court affirmed. Woolf has now filed an application for further review with the Supreme Judicial Court, which we intend to oppose by the required date of April20, 2012.

• Foley v. Town of Randolph. et al, Civil Action No. 07-12213-PBS, United States District Conrt, March 11, 2009. In this case, a Fire Chief was suspended for three weeks by the Board of Selectmen after making statements about budget and staffing issues during an official press conference at the scene of a fatal fire. The Chief sued, claiming that his First Amendment speech rights had been violated. The federal judge ruled against him, agreeing with our argument that under Supreme Court precedent his statements were made as part ofhis job, since his duties included commwtications to the media about the Fire Department. We believe that this is the first reported decision in the country which addresses the speech rights of an employee whose job involves interacting with the media. The decision in favor of the town was affinned by the U.S. Court of Appeals 2010.

• McCoy v. Town of Wayland. et al., Suffolk Superior Court C.A. No. 07-1089-G, April 10, 2008. The court affirmed the Town's decision to fire a police officer who lied during the chiefs investigation into whether he had falsely called in sick.

• Por:fido v. Boston Water and Sewer Commission, Suffolk Superior Court C.A. No. 07- 3974-H, March 25, 2008. The court granted swnmary judgment on an employee's claim that he was wrongly terminated for violating a residency requirement.

• Ameral. et al. v. City of Somerville. Suffolk Superior Court C.A. No. 06-4883-H, March 20, 2008. The court affirmed the City's decision to suspend two police officers who failed to disclose certain facts during investigation of a fireanns discharge.

• I. Fred DiCenso Trust v. Board of Assessors ofWilmington, Appellate Tax Board, November 27, 2007. The firm successfully defended denial of property tax abatements representing over $500,000 in tax revenue for Town in a case involving industrial properties contaminated by hazardous materials. Denial of abatements was upheld by the Massachusetts Appeals Court (201 0) in spite of claim on property owner of contamination on property.

• Boston Public Schools Custodians Association, BPS Labor Relations Commission, November 4, 2007. The finn obtained an order from the LRC reducing the interest calculation in an earlier case by nearly $1,750,000, by persuading it to apply a different interest statute.

• Aval on Cohasset. Inc. v. The Town of Cohasset Zoning Board of Appeals, Housing Appeals Committee, September 20, 2007. Finding for the town, after extensive hearing, regarding Modification of Comprehensive Permit, Pro Forma, and calculation of profit in reference to G.L c. 408 developer's claim that denial of modification made development uneconomic.

• McCain v. Citv of Somerville. U.S. District C.A. Action No. 07~10646~RCL, April 18, 2007. The court denied a police officer's request for an injunction requiring that he be promoted off a Civil Service list where he alleged that the City failed to promote him because he had engaged in protected speech about City policies.

• Boston Public Schools. et a}. v. Boston Teachers Union. Suffolk Superior Court C.A. No. 07-0587-F/Appeals Court No. 2007-J-0080, February 12,2007. The finn obtained an injunction preventing the union from holding a meeting to discuss and take a vote on a strike.

• King Taylor Cohasset. LLC v. Cohasset Sewer Commission. eta], Suffolk Superior Court C.A. No. 03-05614A, December 29, 2006. Finding for the town on Dispositive Motion regarding several claims made by developer in reference with application for connection to common sewer, pursuant to G.L. c. 83, § 3, G.L. c. 40, §21(6), G.L c. 249, §4, and G.L. c. 231A.

• Richard J. and May Petano v. Kenneth W. Holdgate. Jr.. Philip D. Bartlett. John J. Stackpole. Polly T. Miller. and Allen Reinhard in their capacity as members of the Nantucket Islands Land Bank Commission, Nantucket Superior Court C.A. No. 03-25, May 16,2005. Eminent Domain Jury Trial pursuant to G.L. c. 79 with Jury Verdict of $900, despite plaintiffs' claim of over $60,000 in damages.

• Taggart. et al. v. Town of Wakefield. et aL Appeals Court No. 2009-P-0007. The Appeals Court decided in December 2010, holding that Massachusetts state law does not require that firefighters attending basic training at the Academy in Stow must be paid for their daily travel time to and from the Academy.

• Santini v. Board of Selectmen, Middlesex Superior Court, C.A. No. 09-0714. The finn defeated a motion for summary judgment and secured an order affinning the decision of the Town's liquor licensing authority that had denied transfer of an all-alcohol license to a multi-use (gas stationfconvenience storeJDunkin' Donuts) located at a busy intersection close to an interstate highway. The court victory followed two local board hearings, an intervening state administrative review hearing, and extensive argument by the applicant.

• Donald A. Baker. et al v. The Board of Selectmen for the Town of Fox borough. Land Court Misc. Action No. 370294 affirmed Mass. Appeals Court (Aug. 201 0). The finn has represented the Town ofFoxborough in a case addressing the authority of a Town Manager under a strong local Town Manager form of govenunent. The Town had been sued by homeowners abutting a "dog park" which had been constructed on conservation land owned by the Town and administered by its conservation conunission. The Town settled the lawsuit by agreeing to close the dog park (leaving the Town free to locate the facility elsewhere) and dismissing all claims for damages which had been asserted against the Town and its officials. The conservation commission disagreed with the decision to • ,,

settle and wished to have the Town take the case to trial. A group of taxpayers sought to intervene in the action in the Land Court to challenge the right of the Town Manager to sett1e the action, taking the position that only the conservation commission could approve the terms of a settlement. The Land Court agreed holding that under the Town Manager Act for the Town, the Town Manager had the exclusive authority to manage litigation on behalf of the Town. The decision has been affinned by Massachusetts Appeals Court in August2010.

• JER Trust #2. Polly Dean Trustee v. Town of Cohasset. Norfolk Superior Court C.A. No. 2008~00868. We succeeded at the Superior Court on a Motion for Summary Judgment on a six count Complaint concerning a Tax Taking ofproperty located at 821 Jerusalem Road, valued at several hundred thousand dollars. The Complaint alleged "tmjust enriclunent", negligence, promissory estoppel, breach of contract, breach of implied covenant of good faith, equitable relief and fur "an accounting", in connection with a tax taking foreclosure for thousands of dollars in 1mpaid real estate taxes. Judgment entered for the town, affinning its title to the property, and the Complaint was dismissed on May 28,2010.

• Hanover Hills v. Town of Carlisle. Appellate Tax Board Docket Nos. X301716· X301737; F308220; F310968. We succeeded at the Appellate Tax Board concerning the valuation of a 35-lot residential subdivision in the Town of Carlisle. The property owner claimed that the property should be valued as a bulk inventory oflots to be sold to a single purchaser and that the costs to construct the subdivision roadway and utilities should be deducted from the value of the property. The Town's Board of Assessors argued that the highest and best use of the subdivided property was as individual retail building lots for sale to multiple purchasers with no deduction for development costs. The Appellate Tax Board's decision in favor of the Board of Assessors preserves thousands of dollars of tax income for the Town and is an important precedent for the v\lluation of other residential subdivisions.