Concerns I have been raising since July have been
confirmed this week when I received the first set of bills from “Cleary
Giacobbe Alifieri Jacobs LLC”.
Total
Deception
This firm submitted proposals for board attorney and
gave presentations the past two summers.
During the presentations, the attorneys stated that Matthew Giacobbe
would be the board attorney assigned to Lodi and would be performing our legal
work. The firm also clearly stated that
the $165/hr. rate in its proposal was negotiable. The attorneys were asked specifically about both
issues during their presentations and gave definitive answers.
Mark Wenczel is the board attorney representing Lodi, not Matthew
Giacobbe. The first set of bills from
the firm to be voted on next week show that Mark Wenczel performed all the
legal work, not Matthew Giacobbe.
Rip
Off
The bills on next week’s agenda total $6,855.75. They are for the month of July alone. Some of the bills are completely unnecessary. Mark Wenczel billed $1,072.50 to draw up a
sidebar agreement for an LEA officer.
The sidebar agreement made no sense and was not approved. This was bad judgment on the attorney’s
part. Lodi taxpayers should not have to
foot the bill.
Wenzel billed $231 to “Research participation in Board
meeting via telephone conference for quorum”.
I posted the district policy on this subject to my blog two years ago. I could have provided that information for
free. I could go on.
$165/hr.
rate
The board voted to negotiate a contract with Mathew Giacobbe.
On July 1st, we never voted on the terms of the agreement. Right
after the meeting, I told Mr. Brown in
his office, that the agreement was contingent upon Matthew Giacobbe performing
the legal work and the $165/hr. being negotiated down to a better rate.
Shortly after, I was told that Matthew Giacobbe was in
Italy. I still expected the terms of the
agreement to be negotiated. I expected the
board to approve the terms of the agreement.
As board president, I sign contracts.
I never signed the contract nor was I ever presented the terms.
I had requested and received an agreement between the Lodi
Board of Education and Matthew Giacobbe, Esq. Link to agreement:
This week was the first time I ever saw it. The contract omitted a place for the board
president’s signature. Interim Business
Administrator Robert Brown who was appointed by Frank Quatrone took it upon
himself to sign an agreement on behalf of the Lodi Board of Education. Only his signature and that of Matthew
Giacobbe appear on the contract. The signatures
are not dated.
The contract states the following:
Robert Brown was not the "client" in this agreement. The board did not negotiate any terms. No questions were answered or explained.
Circumventing
Pay-to-Play (Accountability) Regulations
State Senator Joseph Lagana (who represents Lodi in the 38th district) is
now a partner in this firm. Lagana gave
a $500 campaign contribution to a current Lodi BOE trustee within the last 12
months. As a partner, Lagana will be making money from the Lodi Board of Education.
Link to prior post:
With so much special interest money going into and out
of Lagana’s campaign accounts as well as those of other politicians at the
firm, you don’t know whose interests they are representing. They are taking money from special interest
groups with business before boards of education.
Disclaimer: As always, I am speaking for myself and
nobody else.
I am a government watchdog. I am not a politician. I would be a hypocrite if I criticized the outrageous
legal costs of the Lodi mayor and council and the political influence of their
firms and did not do the same for the board I am part.
For political purposes, some will blame me for this
firm. Going into our July 1st
meeting, 3 members wanted our previous firm, 4 members wanted this current firm
(or two firms including the previous and the current), and I wanted a third firm which I thought would be the
best fit for Lodi. I voted for this
current firm contingent upon Matthew Giacobbe performing our legal work as our
primary board attorney and the $165/hr. rate negotiated to something lower.
Everyone should be held accountable for what they promise and what they deliver.
It's imperative that there is oversight coming from board members. It's a real problem when contracts are signed without board discussion, board approval, and without any board member signatures.
