Much has happened in the past couple of weeks.
1. Director Hanagan, who, with the help of prior Counsel Timmins literally refused to allow the board to vote on a pending motion in two prior meetings, went all the way August 9, 2021, trying to create a board of one – her.
Here she is on August 10 trying to persuade new General Counsel, and actual expert in Title 32, the Open Meetings Law and representing water and sanitation districts, that she should have been able to unilaterally censor the board and act as a board of one the day before:
Here was the statement she made and new General Counsel’s handling of her attempted “coup” of the board the day before on August 9, 2021:
Here is a picture from August 9 that helps tell the story:
- Rita Bertolli, the leader of the recall effort and campaign to use Green Mountain as the sewer provider for Rooney Valley angry that the “coup” failed
- Director Hanagan – as if to say “I tried” to do what you told me to do – what do you want me to do next.
- Counsel Timmons and her close attorney friend Counsel Torres (hired by Bertolli) working together to keep Timmins in place and working against the board and for sewer in Rooney Valley
2. Rita Bertolli now has three attorneys, including a new spokesperson for the recall campaign, working for her and the recall effort:
- Prior Counsel Timmins and
- Counsel Torres pictured above
- as well as long time social media troll Devon Neill pictured below.
Counsel Timmins still has a post-termination duty of loyalty to her former client, the board. Yet, here is an email from her to Devon Neill in the midst of Neil’s campaign against the board on behalf of the recall group and Rooney Valley developer community:
From: Jo Timmins <jt@timminslaw.com>
Date: Thursday, August 19, 2021 at 3:35 PM
To: Devon Neill <Devon@NeillTrialLaw.com>
Subject: RE: The Complete Legal Analysis: Stopping the Train WreckFYI – GM won the remaining cases brought by the developers.
Watch Gessler and the Board take credit for this.
Jo Deziel Timmins, Esq. Deziel Timmins LLC
Here is Ms. Neill mocking the board and again giving false advice to whoever will listen that Director Hanagan did not have a conflict of interest in serving as the Designated Election Official for the Recall.
Soon after this meeting, the Court removed Director Hanagan based upon the clear appearance of impropriety –
Ms. Neill was wrong, again.
Here are a few other references to help evaluate Ms. Neill’s qualifications:
Document link:
Document link:
- Expertise in “bed bug” and “dog bite” cases.
- On diversion for an ethics violation.
- ” . . . very unprofessional, incompetent and constantly out lawyered . . . “
- ” . . . lacked basic legal knowledge on numerous occasions . . .”
- “I found Devon Neill’s representation so unprofessional and dishonest that I filled a complaint with the Office of Attorney Regulation Counsel. After their investigation, the Office of Attorney Regulation Counsel gave Devon Neill a diversion agreement.”
But you be the judge. Recall Committee leaders Brenda Bronson and Christoper Smith (Arlen), pictured here during a Green Mountain meeting, publicly declared Counsel Neill was “brilliant.”
Brenda Bronson particularly likes Ms. Neill trying to intimidate people, including the board:
Indeed, this “powerful” legal team provided Director Hanagan with her “brilliant” legal strategy to eliminate the rest of the board on August 9 “based upon the power vested in her under the bylaws” – so Counsel Timmins could continue to “represent” the board.
Timmons, Torres, Neill, Bertolli, Hanagan and the recall group, wrong again.
3. Following that drama on August 9, 2021, the board went forward and re-hired Counsel Gessler to continue as litigation counsel and terminated Counsel Timmins.
- You may recall that Counsel Gessler was brought on over a year ago as co-counsel to Timmins to help her with the Big Sky case. Court records indicate he actually appeared just as often as and was handling more of the case than Counsel Timmins during the past year.
- Timmins fired Gessler after the meeting where he politely lectured the recall group to stop harassing the board so they could focus on evaluating the settlement options. That apparently offended Ms. Bertolli. Mr. Gessler was then terminated by Counsel Timmins without seeking the advice and direction from the board.
- Given the complete breakdown in the board’s relationship and confidence in Counsel Timmins, and the lull in the litigation, the board brought Counsel Gessler back to handle the appeal.
- And even though Ms. Bertolli initially recommended Mr. Gessler, Counsel Timmins brought him on, Director Hanagan fully supported his participation and he was well liked and provided significant assistance, all of a sudden he was and is currently being viciously attacked by Timmins, Bertolli, Hanagan, Neill and the recall group because he was being considered, and eventually chosen, to replace Counsel Timmins.
Counsel Timmins unprofessionally aggressively argued against her termination making several false statements in the course of that discussion, not the least of which was her declaration that she actually defended Mr. Plotkin when she publicly and falsely accused him of destroying evidence.
4. The regular meeting scheduled the next day, August 10, was calm and professional. Director Hanagan spoke very little except at the end to again declare that she should have been able to eliminate the rest of the board and take over as a board of one the evening before.
Mr. Woods, again, politely, explained Director Hanagan was wrong, again.
5. The District Court issued the following two expected decisions, cleaning up the loose ends left by former litigation counsel Timmins.
Order_ Responses to Order of May 6 2021
Order_ Motion for Leave to File Amended Answers
- You may recall that in the first order, dismissing the Big Sky case and holding that the Big Sky IGA was illegal, the Court noted that Counsel Timmins’ motion did not also seek to dismiss the case against the remaining developer plaintiffs. This was the first loose end.
- The Court then, on its own (“sua sponte”) since it was not part of Timmins’ motion, raised the issue and gave the developer plaintiffs time to try to save their cases from also being dismissed.
- Since the developer cases depended completely on the IGA (they had no claim without the IGA), their cases needed to be dismissed as well.
- A second loose end were the motions to amend the answer (including making a jury demand that was made late) and add counterclaims which Counsel Timmons had filed late.
- The District Court cleaned it all up for us and issued two orders.
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- The first dismissed the developer plaintiff “along for the ride” cases.
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- The second denied Counsel Timmins’ motions to amend and file counterclaims.
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- The second order wondered aloud why Counsel Timmons did not withdraw the motions on her own since they interfered with closing the cases – especially since they could be filed later.
As expected and forecast in the Court’s first order, the Court has now cleaned up the loose ends, completely dismissed the claims and the Big Sky appeal should be re-filed soon.
Here again is the first order issued a couple of months ago, May 6, 2021.
Order_ Cross Motion for Summary Judgment
6. Finally, a Town Hall is scheduled to address the question: should Green Mountain have a policy to provide or not provide service outside the district boundaries.
There are pros and cons each way.
Until this new board came along, prior boards had that conversation with the developer community, but not you.
Since this citizen town hall will be sponsored by private citizens, and not a governmental unit, and not run by Director Hanagan, there will be an effort to stop the personal attacks and insults which appear to be the trademark way of communicating championed by Timmins, Neill, Bertolli, Hanagan and the recall group.
People simply should not be intimidated away from participating in a genuine discussion of public issues for fear of being falsely attacked, threatened with lawsuits, and insulted in public by people like Ms. Neill and other members of the recall group.
Thursday, September 9, 2021 6:30 pm
John Henderson