Town Manager Matthew Sturgis recently issued a Request for Proposals for legal services to represent the Town.  Five proposals were received and of those, two firms were interviewed.  Based on these interviews, Sturgis recommended the appointment of Bernstein Shur.  The Town Council voted unanimously in favor of the recommendation at the February 13, 2023 council meeting.  This appointment replaces the Town’s longstanding attorney, Monaghan Leahy, with whom the Town wishes to thank and acknowledge their services.  Town Council Chair Jeremy Gabrielson, who participated in the interview process, said, “Considering the breadth of legal representation we have needed these past two years for an increasing range of issues and increasing complexity of legal expertise, the ability to have all that range of legal services within house with a full-service law firm will be a real advantage to the Town moving forward.” 

Councilor Timothy Reiniger, reporting that citizens have expressed concern that there may be a conflict of interest with the selection of Bernstein Shur, explained, “The head of the municipal practice at Bernstein Shur is also a member [Philip Saucier] of the Cape Elizabeth School Board.”  Referring to LD 2003 and the School Building Advisory Committee, Reiniger posited that there may be an interplay between the push to create more housing and an increase in school enrollment. “It makes me concerned to have the same firm advising us on housing policies with another member on the school board.  It may be that we want a different law firm advising us on LD 2003.” 

Ann Freeman, an attorney from Bernstein Shur who currently serves as a labor and employment counsel for the Town, was in attendance at the meeting to address this issue.  “We have also been advised by our own inhouse counsel – the lawyer to the lawyers – that there is no conflict, generally, as it relates to Bernstein Shur serving as Cape Elizabeth Town Counsel.”  In response to Reiniger’s example, “We will certainly look at that and if there is even an appearance of a conflict, it may mean you will be better off hiring a conflict counsel; it will be something we will discuss at the time and something we will be more than happy to work through with the council.  As lawyers, we have standards to uphold to the bar and we are certainly always cognizant of that.”  In addition, Freeman said, “To the extent that there are overlapping issues between the Town and the School Board, we will absolutely look at that from all angles and make the best decision for Bernstein Shur, the Town of Cape Elizabeth, and the School Board. Internally, we have checks and balances to make sure we our conducting our business as Town counsel with the utmost ethics.  When we put forward our team for Cape Elizabeth, Phil was not part of that team; and that is in part by design because he is a member of the School Board."