The Vermont Supreme Court has denied a last-ditch appeal by Burlington’s Chief Administrative Officer Jonathan Leopold to be granted immunity from a citizen lawsuit seeking immediate repayment to taypayers of $17 million loaned to Burlington Telecom.
The suit was brought last year by former city councilors Fred Osier and Gene Shaver. Earlier this year, Superior Court Judge Helen Toor banned the city from dipping any further into the so-called “cash pool” to pay for Burlington Telecom’s ongoing operations.
The pair wants BT to repay the entire $17 million, along with their legal fees. If BT doesn’t have enough cash, they want Leopold to be held personally liable for repayment, too.
The one paragraph ruling, signed by all five members of the Supreme Court, reads:
“Defendant Jonathon Leopold’s motion to appeal from the trial court’s denial of his motions to dismiss and for permission to appeal is denied in that the motion was untimely filed and, in any case, fails to demonstrate that the trial court abused its discretion by denying permission to appeal.”
The citizen lawsuit has been largely stalled while Leopold sought immunity, although the city and plaintiffs have been arguing recently over what documents BT should provide to the court. The city had agreed to provide regular financial updates to the court to ensure that it was complying with the edict to repay any and all city funds within 60 days, per BT’s certificate of public good.
A recent outside financial review alleges BT has been in debt to taxpayers — a violation of its CPG — since September 2005.
Osier and Shaver are also seeking party status in the ongoing Vermont Service Board investigation into whether the city violated its CPG and how it can repair any fiscal damage. A hearing before the three-member PSB was held last week.
At the time, the plaintiff’s attorney Norman Williams told the PSB that he had filed for party status back in July. PSB Chairman Jim Volz seemed surprised by Williams’ request, and said they would double-check the files to make sure it was received.
This article appears in Dec 15-21, 2010.
Got something to say?
Send a letter to the editor and we'll publish your feedback in print!
It is really nice to watch Leopold and soon Kiss squirm like middle schoolers at their first dance. As much as I can’t stand Shaver and Osier, they are really doing the taxpayers a service and should be thanked. Kiss continues to bumble through interview after interview, yet no one on the council seems to care.
Okay alright already can we fire Leopold? He lost the money we paid his fancy high priced lawyer that money is lost can we stop paying him his salary and stop paying his legal defense now. The supreme court says he does not have immunity from prosecution so I would surmise he is not being tried under the guise of having immunity as a city official. He is being sued as an incompetent citizen thief, enough with paying this idiots legal fees.
Bob, please resign now and save the city the next 15 months of inept leadership. You are, hands down, the most pathetic person in public office in the state of Vermont. If you really care about us, your constituents, you will end this misery. I can’t imagine it’s much fun for you either.If this is a money thing, i.e., you need a paycheck, I’m sure that the good people of Burlington would cut you a check for the remaining balance to be paid to you over the next 15 months just to have someone else in office. Consider it your golden parachute.
Tim.If dropboxes are started for any reason in the city I would be highly suspicious of where the proceeds go.Drop boxes are not the answer to any of the city’s problems.8×8 cell blocks seem to be the appropriate boxes now.
DaleIs it true that the City will be installing coin drop boxes on the market place for people who want to bail out BT without enabling Kiss and Leopold?
Come one come all to the Miller center on Gosse court in Burlington, Tuesday Dec. 21 6:45 PM and participate in an open forum on Burlington Telecom during the wards 4 and 7 NPA meeting. Bring your thoughts, your attitudes your opinions and let them spout. Just remember remarks are limited to about 3 minutes so no marathon monologues are allowed. Bring a friend and they will get in free just like you. The best part of NPA meetings continues to be no Executive sessions allowed.
BT sure is one super sized sh*t sandwich for the hapless citizens of Burlington to swallow.
Follow the Money and keep your eye on the players looking to swoop in and “rescue” BT at a bargain basement price! They are connected to BT in more ways than one.
It’s almost worth seventeen million if that dirtbag Leopold is driven into bankruptcy and lifelong destitution. What a nice Christmas gift, thank you former city councilors for fighting on behalf of Burlington taxpayers.
Big surprise