The Village Manager evidently misunderstands the role of a Village Attorney in relation to Board members. The attorney does not represent the Manager, but the Board of Trustees. Any Trustee is entitled -– in fact, obligated – to seek legal advice from the Village Attorney on questionable matters before voting. The Manager is entitled to consult with the Village Attorney only on behalf of or as authorized by the Board. If the Manager becomes adversarial against the Village, or provides advice contrary to the opinion of the Attorney, the Village Attorney’s obligation is to the Board, not the Manager.
John Barbarite behaved unethically by disclosing confidential attorney-client information to the newspaper "Monticello to replace its attorneys", The Sullivan County Democrat, May 23, 2008, p. 1. without the consent of the Board of Trustees. I would suggest that Mr. Barbarite study up on the definition of privileged communication.
It is perfectly acceptable for an elected Trustee to ask the Attorney to prepare to provide an answer for a critical question, especially on time sensitive matters. It is entirely unacceptable and improper for a Village employee to instruct Trustees on the nature or frequency of the questions that Village Trustees can ask the Village Attorney.
But even if I sent 10 times the number e-mails that Mr. Barbarite claims I did, it would not be his place to question or to report such communications to the media.
I invite Mr. Barbarite and Mayor Jenkins to show themselves to be men – honest men – by apologizing to the public, the Village, and me.
To clarify any questions that may have arisen as a result of Mr. Barbarite’s false claims, I am offering the following details to the public.
This entry was posted on Fri, 05/23/2008 - 19:09