01:00 AM EDT on Tuesday, June 10, 2008

CHARLESTOWN –– Competition among lawyers for leadership of the combined state-local challenge of the legal status of 31 acres of land owned by the Narragansett Indians could splinter the action into separate appeals, Town Solicitor Robert E. Craven told the Town Council last night.

At issue is whether the federal government has jurisdiction over the land.

The U.S. Supreme Court this fall is to hear the appeal, which thus far has been jointly litigated by the town, the attorney general and the governor.

“I think part of it is the ego of being able to play in the World Series for lawyers,” Craven said.

Governor Carcieri has hired a former U.S. solicitor general, Theodore B. Olson, who successfully argued the case that put George W. Bush in the White House, to lead his legal team on the case.

The ttorney eneral’s office hasn’t said yet who will argue the case on its behalf.

Charlestown’s solicitor on Indian affairs, Joseph S. Larisa Jr., will represent the town.

The division, Craven said, may present some logistical difficulties and “potentially destroy the three-part argument.”

The lawyers are trying to hash out the differences, Craven said.

Also at last council meeting, the council deadlocked, 2-2, on several issues, with Vice President James M. Mageau and Bruce W. Picard pairing up against Katharine H. Waterman and Harriet A. Allen.

Waterman and Allen voted against Mageau’s proposal to allow Town Manager Edward M. Barrett to sign a $3,000 retainer with lawyer Sandra Mack of Hinkley, Allen and Snyder to set up an Other Postemployment Benefits (OPEB) trust to fund the town’s “unfunded post-retirement liabilities” for health-care payments to retirees.

As of July 1, 2006, the town’s accrued liability stood at $3.4 million. The town will have to report the unfunded liability in its balance sheet starting in fiscal 2010, which could affect its bond rating, said Richard Hosp, who chairs the town’s Finance Commission.

The two also voted against Mageau’s proposal to authorize a separate $3,000 retainer with Hinkley, Allen and Snyder to provide property tax relief to eligible taxpayers by deferring taxes in an arrangement similar to a reverse mortgage, Barrett said. The town would make up the lost money by floating a bond, he said.

Meanwhile, Mageau and Picard voted against a resolution to support a state effort to repeal straight ticket voting.

Picard broke ranks with Mageau in voting for a list of special reserve officers as recommended by Lt. Patrick J. McMahon. Mageau objected to including on the list retired police Detective John R. Trammell, now a police chief in New Hampshire.