Hempstead hires law firm representing Supervisor John Ferretti in town contempt case

The Hempstead Town Board has approved hiring a law firm already representing Supervisor John Ferretti in a contempt proceeding that arose from an Open Meetings Law lawsuit against the town.

The board's action added the firm to a slate of law firms approved to do legal work on the town's behalf. 

Ferretti had retained Richard Donoghue, a partner at Manhattan-based Pillsbury Winthrop Shaw Pittman and former acting deputy U.S. attorney general, to represent him in the contempt proceedings.

On Tuesday, the board added the firm, as well as Garden City-based attorney Matthew Didora.

Town spokesman Brian Devine on Tuesday declined to disclose the fee schedule for the newly approved firms and other firms working on the contempt case.

Though the town board resolution sets out a fee schedule of $300 per hour for attorney work for firms on the approved list, the resolution also authorizes the town attorney to negotiate higher fees without additional town board approval.

Devine said in an email that the resolution contains a fee schedule and that an "implication that any information is being concealed or withheld is misguided and disingenuous.” Devine did not address the fact that the town attorney is authorized to negotiate higher rates.

Then-supervisor candidate Joseph Scianablo sued the town in August following the appointment of Ferretti as town supervisor after the sudden resignation of Donald X. Clavin Jr. In the lawsuit, Scianablo accused the town of violating the state Open Meetings Law by failing to announce Ferretti's appointment to the public in advance.

Hempstead retained attorney Steven Losquadro to represent the town and town officials in that case.

After four town officials, including Ferretti, were no-shows to give subpoenaed testimony in court and the town failed to turn over subpoenaed documents in October, Scianablo sought contempt sanctions against Hempstead and the no-show town officials. State Supreme Court Judge Gary M. Carlton ruled that Hempstead and town officials had violated the state Open Meetings Law.

The judge has yet to rule on whether town officials were in contempt.

Days before the contempt hearing was scheduled, town officials hired five law firms to represent them separately from Losquadro. According to a letter submitted to Carlton, Didora was retained by Losquadro. 

Devine declined to say whether Didora was representing the town in addition to Losquadro or if the town was paying Didora on behalf of Losquadro.

Legal bills obtained from the town through a Freedom of Information request for matters unrelated to the Open Meetings Law lawsuit show that the town has in some instances paid higher rates for legal services than the fee schedules approved by the town board.

For example, in 2023, at a time when the town board had authorized an hourly rate of $250 for attorney work from its slate of approved firms, one of those firms, Rosenberg Calica & Birney LLP, charged the town $395 an hour for work on a lawsuit related to development in Inwood, according to legal bills obtained from the town.

In 2023, Losquadro billed the town at a rate of $675 an hour for work related to zoning and land use matters under town board resolutions that did not contain his fee schedule, according to town records.

In a statement Tuesday, Scianablo said, "Ferretti and the Town Board handed themselves a blank check to hire additional outside lawyers, while refusing to tell the public how much they’ve already spent.”