01:00 AM EDT on Friday, March 16, 2007

By Maria Armental

Journal Staff Writer

CHARLESTOWN — The town solicitor’s contract approved by the Town Council behind closed doors on Monday calls for a monthly retainer of $8,000 — $2,000 more than town officials had reported.

Under the contract, yet to be signed, Robert E. Craven would be paid $96,000 a year as the town solicitor. He would also handle prosecutions and serve as the probate judge and legal counsel to the Zoning Board of Review.

Language for his representation of the Planning Commission is broader, stating that Craven “shall provide legal supervision, and may perform work and advise on the” commission. Craven said he is required to attend the commission’s monthly meetings.

The $2,000-a-month increase, he said, reflects his additional duties with the Planning Commission.

On Monday, Councilman James M. Mageau said Craven’s retainer had been increased from $5,700 a month to $6,000 as compensation for Craven to represent the Planning Commission. But Craven said the extra $300 a month reflects his increased hours with the Zoning Board of Review as he has agreed not to charge the town for negotiations to avert litigation.

“There is a lot of litigation on zoning board issues,” Craven said.

Councilman Bruce W. Picard said he did not remember voting on the $8,000-a-month figure.

“When we left the other night, I thought it was all settled,” Picard said, noting he recalled discussions on the $6,000-a-month ($72,000-a-year) compensation.

Neither Mageau nor John O. Craig Jr., who also attended the closed session and voted on the contract, returned calls for comment yesterday.

The minutes from the closed session have been sealed.

The contract also lists “labor relations issues and actions” among Craven’s duties.

Litigation beyond the pleading stage; arbitration, including appeals, and administrative hearings or labor matters will not be included in the retainer fee — $100 an hour — and will be compensated at $130 an hour.

In the past, the town has hired labor lawyer Dan Kinder on an as-needed basis.

Picard said that he, Mageau and Craig Jr. opted to retain Craven for labor issues for cost-cutting purposes.

“He can do all of it instead of having separate solicitors,” Picard said.

Craven said a decision on whether to continue using Kinder for labor issues will be made when the next contract negotiation comes up.

The contract also states the solicitor “may serve as legal adviser to the Town in matters of Indian affairs,” a line also included in the previous solicitor’s contract.

Craven said that Joseph S. Larisa Jr. will remain the town’s counsel on Indian affairs, “assuming that things go well for Joe on Monday.”

The Town Council will review Larisa’s contract next Monday.

Larisa came under fire last month when Mageau criticized Larisa’s billing the town for news conferences and media calls. Larisa’s salary is being paid with state money.

“It’s a funding source issue,” Craven said of the dispute over Larisa’s contract.

“Right now, the governor’s office writes a check for Joe’s fees,” Craven said.

Given the tight state budget, some are concerned that the funding could be compromised.

“The state budget is not controlled by the town,” Craven said.

Craven said Town Administrator Edward M. Barrett also question whether Larisa should continue receiving a monthly retainer instead of being paid by the hour since he currently represents the town on only one matter: whether 31 acres of the Narragansett Indian Tribe’s land north of Route 1 could be taken into federal trust.

Yet to be decided is who will replace Craven in the event he is absent or unable to perform his duties temporarily, or how his replacement or replacements will be selected.

marmenta@projo.com