CRMC Board Wants Disciplinary Action Against Lawyer Hired By Chairwoman Cervenka

CRMC Board Wants Disciplinary Action Against Lawyer Hired By Chairwoman Cervenka

The battle at the Coastal Resources Management Council (CRMC) over the role of attorney R. Daniel Prentiss took a number of twists on Tuesday night.

Coastal Resources Management Council member Jerry Sahagian blistered Prentiss for de facto wearing two hats -- both serving as paid legal counsel for the agency in negotiating an agreement regarding Vineyard Winds proposed project and then criticizing the CRMC as it relates to the legal battle over Champlin's Marina -- a fight that is now before the State Supreme Court.

CRMC Chair Jennifer Cervenka has recused herself from discussions of Champlin and Prentiss as she had represented some of the opponents of Champlin's expansion alongside Prentiss prior to her appointment to CRMC.

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In the one legal brief regarding the battle over Champlin, Prentiss writes about CRMC that their actions were “brazen illegality and amateurish execution.” In another citing, Prentiss writes, “As deeply shrouded in mystery as the CRMC’s secret deal with Champlin’s is, enough is visible to establish its fundamentally and unacceptably illicit character.”

Sahagian and other members of the CRMC board said that Prentiss’ actions were violations of basic legal standards. The Council instructed legal Council Anthony DeSisto to review Prentiss’ action and report back about filing a complaint with the RI Judicial Disciplinary Board.

Sahagian said after the meeting, “Prentiss may have violated attorney-client privilege, he did not have a fee agreement with the Council and even charged interest for his bill. He was not properly hired.”

According to DeSisto CRMC never took action to properly hire Prentiss. State law requires approval of outside consultants and legal services in excess of $5,000.

According to Prentiss’ invoice, he charged CRMC $8,566.03

Laura Dwyer a spokesperson for CRMC told GoLocal that "Between 2000 and 2005, Chair Cervenka worked at the firm of Holland & Knight as an associate attorney, and worked with Mr. Prentiss, who was a partner at the firm, on various matters. During the Chair’s [Cervenka] employment at Holland & Knight, Chair Cervenka worked with Mr. Prentiss in representing the Committee for the Great Salt Pond as an objector to the Champlin’s marina expansion application to the agency. Since leaving Holland & Knight, she has not represented the Committee.'

 

Prentiss Says Cervenka Hired Him

Reached Tuesday night about the actions of the CRMC board to explore a complaint, Prentiss told GoLocal, “That is pretty interesting.”

“Jen [Cervenka] is the person who I initially had conversations about being hired. Then, the call came from Grover [Fugate, the former Executive Director] to be hired.  The client was the state of RI and I did not have any interaction with the CRMC and I worked with the professional staff and the executive director only,” said Prentiss.

“They needed legal assistance that was beyond their capabilities of the assigned staff attorney,” added Prentiss.

"My client was not the CRMC, but the client was the state of RI — through the professional staff that needed to resolve issues with Vineyard Wind due to the applicable federal requirements," said Prentiss.

“Grover called me and said we don’t have time to go through the normal state procurement process and we need to go directly through the governor’s office. Cervenka has spoken to the governor,” said Prentiss.

While Prentiss says he did not work for or work with the members of the CRMC — the governing council of the agency — his invoices show multiple entries in which he met with Cervenka.

Nov-08-18 Review of second draft of objection letter and 2'60 819'00 RDP other materials in preparation for meeting; attend meeting at CRMC with Jen Cervenka, Grover Fugate, and CRMC staff.

Nov-13-18 Attention to review of email communications 0'30 94'50 RDP regarding Vineyard Wind; conference call with Jen Cervenka and Grover

Jan-09-19 Attend meeting at CRMC with Grover, Jen, 1.50 472.50 RDp and staff.

 

Prentiss’s invoice was only recently paid after the intervention of Raimondo’s office. Raimondo staffer Nicole Verdi and now Senate President Dominick Ruggerior’s legal council was asked about her intervention to pay Prentiss’ invoice, she told GoLocal, “I will have to get back to you.”

Verdi did not get back to GoLocal, but Ruggerio spokesperson Greg Pare wrote in an email, “I understand that you reached out to the Senate’s Chief Legal Counsel regarding a question that relates to retention of legal services made under the Raimondo administration. We would direct questions regarding services retained by the administration to administration officials. They should be able to explain the process to you and answer any questions you may have. (Nicole was not the person who would have been in charge of that process; that would have likely been someone at DOA.)

Cervenka has repeatedly refused to respond to questions.