Grant County PUD asks attorney to reapply for job

EPHRATA — Grant PUD’s contracted attorney for the past 25 years will have to reapply for his job, commissioners decided Monday.

After months of discussion about making Grant PUD’s contracted attorney an in-house position, the commission switched gears and decided to advertise the position for outside applicants.

Commissioners discussed current attorney Ray Foianini’s job description during the morning session of their Monday meeting.

During that time, Foianini confirmed to commissioners he was asking for a $239,000 annual salary under his new contract. His current contract wraps up at the end of February.

Before leaving the room, he told commissioners he made concessions and didn’t have anything more to say other than items detailed in his memo.

Commissioner Bob Bernd commented about the amount of Foianini’s salary proposal, apparently suggesting it was too high.

Commissioner Tom Flint suggested the matter be readdressed in the afternoon because he was leaving for a few weeks.

When the commission reconvened, Flint moved to post the position without a salary range listed. The motion passed, with Commissioner Greg Hansen as the only opposing vote.

Before voting, Hansen suggested the commission try to come to an agreement with Foianini and said it appears there were other motivations.

Foianini said every time he thinks an issue is resolved, a new issue is brought up.

It appears certain commissioners don’t want him working as general counsel, as two commissioners said before their election they didn’t want him to continue, Foianini said.

They’ve been engaged in a process that’s intended to never end or force him to find other clients, he claims.

Flint said he takes exception to Hansen’s comments and said discussions entailed moving to an in-house position.

Flint also explained the economy is now different.

Hansen said the motion was a “he** of a way to go about this” and it was the first he heard to it, other than an inkling a few weeks ago, which he claimed he questioned.

If three commissioners want to let Foianini go, they should have the guts to say it, Hansen said. Hansen also called the matter sneaky and under the table.

Commissioner Bob Bernd said if it had been the commission’s intent to discharge Foianini, they could have done it two years ago when his contract was up for review.

Bernd said he didn’t see the harm in putting the job description out for public response.

Hansen asked when the issue was discussed.

Foianini said he would be concerned with compliance of the state Open Public Meetings Act, as the idea contradicts statements made during public meetings.

Commissioner Randy Allred said Flint’s motion was news to him and he thought they were working hand-in-hand with Foianini.

Commissioner Terry Brewer said he remembered, on more than one occasion, where options were discussed and some felt an in-house attorney was what they wanted.

Brewer also pointed out that Bernd said at least twice when they develop a position description, they should advertise it because there were no assurances Foianini would agree.

Foianini tried to speak, but Brewer gaveled him, told him he was out of order and added commissioners didn’t agree to negotiate a contract.

Foianini said he wanted to express his disappointment and added opening the position to others was never communicated to him.

Foianini said he agreed in November to become a PUD employee and to address his duties and responsibilities. It made him wonder if the commission had others in mind for this job, he added.

Allred confirmed that generally, what Brewer said was accurate. He said the situation blind sided him.

Bernd said he hadn’t talked to any candidates about the position.

Foianini said he’s provided everything commissioners have asked for.

It’s clear certain commissioners are looking at a way to replace him, he claims.