Grant PUD lawyer's contract shortened

MOSES LAKE — Grant County PUD attorney Ray Foianini’s six-month contract extension was shortened by four months during Monday’s commission meeting.

Commissioners in favor of the shortened extension cited concerns over the costs incurred with the PUD being billed by the hour. So far this year, the PUD has paid Foianini’s office $502,107.37.

Commissioners also spoke about wanting Foianini to serve as an appointee and subordinate to General Manager Tim Culbertson.

It’s so Culbertson can make a decision and move work forward if the two disagree, said Commissioner Terry Brewer.

“You have to have someone in charge,” Brewer said.

He said there were “a number of situations” where there’s been delays and dilemmas presented when Culbertson and Foianini didn’t agree. Brewer didn’t name specifics.

After a lengthy discussion, the commission decided in a 3-2 vote to extend Foianini’s contract by two months instead of the original six months that was proposed.

Commissioners Greg Hansen and Randy Allred voted against the motion.

The decision wasn’t a reflection of Foianini’s work, rather what was best for the utility, said Commissioner Bob Bernd.

Brewer said the PUD is spending far too many dollars because it is being billed by the hour for Foianini’s work.

Foianini is paid $3,082.15 for his first 24 hours of work, or $128.42 per hour, according to a PUD salary schedule.

In 2007, Foianini’s office was paid $491,604.02 and in 2008, $502,107.37 for legal work, according to figures provided by Sarah Morford, Grant PUD communications manager.

So in 2008, Foianini received $195,676.05 as a gross salary and his law office $300,740.67 to pay expenses including associate attorneys and office expenses/reimbursement. The remaining $5,690.65 was travel expenses.

The totals are a compilation of contract, gross salary and travel expenses. Foianini has a partner, she said.

After Brewer spoke, Allred said he was disappointed and frustrated.

“We have a couple commissioners who think they run the whole board here,” Allred said.

Hansen said he wanted an attorney who’s independent, can offer an independent opinion and reports to the commission “100 percent.”

“It’s part of checks and balances,” Hansen noted.

 He added the commission has discussed the matter for six months and hasn’t solved anything.

Commissioner Bob Bernd said he never felt the contract was in the best interest of the district.

“Not that the representation hasn’t been,” he noted.

Bernd also said he wanted an independent opinion like Hansen did.

Brewer said he recently had the chance to talk to other PUDs at a conference and heard a very well respected federal judge speak.

The judge worked as an PUD association attorney and thought the attorney should report to the manager and be appointed by the commission, Brewer said.

Commissioner Tom Flint said the communication between Culbertson and Foianini hasn’t always been as good as he hoped.

Flint said the PUD needs to be prudent in how it spends its dollars.

He added that in most cases, Foianini represented the district in a very successful way.

Foianini didn’t speak during the discussion and briefly left the meeting when commissioners were voting on accepting the amended motion.

He returned to commission chambers about 10 minutes later with a slice of cake and a beverage.