OPINION: A bogus Fall River Police warrant leads to a bogus legal opinion

The highly questionable Fall River Police Department search warrant used to get the name and address of a fake Facebook user has lead to a questionable legal opinion by Fall River Corporation Counsel lawyer Alan Rumsey.

On Tuesday, Fall River Reporter reported that Fall River City Council President Cliff Ponte and Chair of the Public Safety Committee Councilor Christopher Peckham planned to file a motion to initiate a formal investigation into the actions of the Fall River Police Department. The move is in response to Fall River Reporter’s story From “One of the Best” to Targeted: How Fall River Police Department Weaponized a Warrant Against Ex-FRPD Officer. 

Before the start of the city council meeting Tuesday evening, Corporation Counsel Alan Rumsey delivered an unsolicited legal opinion to the councilors then left. He didn’t stay around to answer any questions. Just so it’s clear, he delivered a legal opinion that no one asked for and then left before any questions could be answered on camera.

Let’s review the legal opinion (the full letter can be seen at the end of the article).

First, Rumsey explains, yes, you can do an investigation, but not a real investigation.

Dear Councilors:

I am writing this letter to address my legal concerns with the Resolution attached as Attachment 6a to tonight’s City Council agenda. In summary, it is my legal opinion that the investigatory authority of the Council is limited in scope to the informational requests detailed in Section 2-7(b) and (c). A copy of Section 2-7 of the City of Fall River Home Rule Charter is attached for your review.

Although Section 2-7(a) of the Charter provides the City Council with the authority to make investigations into the affairs of the city, the Charter does not grant the Council with the authority to retain an outside investigator. Section 2-7 has four subsections and, when these, subsections are read together, they clarify the scope of the Council’s investigatory authority.

• Section 2-7(a) In General – Council may “make investigations into the affairs of the city and into the conduct and performance of any city agency.”
• Section 2-7(b) Information Requests – Council may require a city employee to “appear before the city council to give any information that the city council may require…”.
• Section 2-7(c) Mayor – Council may “request specific information from the mayor on any municipal matter…”.
• Section 2-7(d) Notice – Council “shall, by resolution, request the attendance of any officer or employee of the city to appear…” and provides details regarding the requirements of said notice.

First, paragraph (a) is very clear: “Council may “make investigations into the affairs of the city and into the conduct and performance of any city agency.”

Second. I’m not a lawyer, but I do understand how paragraphs and sub-paragraphs work. Paragraphs (a) through (d) are equal. No where does it say “The Council may make investigations but they are limited in scope by the following.” (b), (c) and (d) are equal to (a) and separate thoughts and points, not subparagraphs and limitations of (a). What Fall River needs is an English major to interpret the charter, not a lawyer.

Up next is the most telling; the caveat.

As a caveat to this expedited opinion, I want it to be clear that I have not been provided with ample time to conduct thorough legal research on the issue. I do believe that this legal opinion is correct, however, given the lack of notice (I did not receive this Resolution until this morning), perhaps it is best to table the matter until additional research can be completed.

Did you get the part were Mr. Rumsey states “I have not been provided with ample time to conduct thorough legal research on the issue” and “perhaps it is best to table the matter until additional research can be completed.“

Let me translate for you. “I want you to delay this a month based on very little research, but I’m a lawyer, so trust me.” At the mayor’s press conference today, Rumsey stated he was trying to protect the city council from making a mistake.

Rumsey continues.

“As a reminder, the Corporation Counsel serves as the legal advisor to the City Council. Pursuant to 2-527 of the Code of the City of Fall River, the Corporation Counsel holds the exclusive authority to initiate any suit or legal proceeding on behalf of the City and, pursuant to 2-528, only the Corporation Counsel, with approval from the mayor, may retain outside legal counsel.“

While Rumsey states “the Corporation Counsel serves as the legal advisor to the City Council” anyone paying attention to politics knows the Fall River Corporation Counsel is appointed by the mayor. Mayor Coogan appointed Rumsey as the new City Corporation Counsel and was approved by the city council in a 5-3 vote in January of 2020. Historically, Fall River Corporation Counsel do what the mayors want and their office is 10 seconds from the mayor’s office on the 6th floor of government center. Mayors are full time positions with constant contact with the legal department and city councilors are part-timers with limited time and full time jobs far away from government center. It should be obvious that Corporation Counsel is influenced by mayors far more than by city councilors.

That night, Councilor Shawn Cadime called out the legal opinion.

Today, at a Mayor Coogan press conference, Rumsey admitted that he hasn’t read the search warrant.

The City Council ignores the advice

The City Council went on to vote 7-0 to initiate the investigation into the FRPD, but the very next day Mayor Coogan used the barely research legal opinion as justification to veto the city councils resolution. Mayor Coogan also went on the renew FRPD Chief’s Furtado’s contract without city council approval.

It’s now up to the city council to override the veto or cede almost all their powers to the mayor’s office. One also has to ask, why are the people who have barely read the FRPD search warrant or our article (Councilor Pereira, Mayor Coogan and Alan Rumsey) so against an investigation into alleged misconduct? Also, is it time for the city council to have their own full time lawyer? Or have Fall River’s legal department be a true independent office not appointed by the mayor with an office 10 seconds away? I think so.

FULL LEGAL OPINION: