The change of attorneys at the South Shore Convention and Visitors Authority approved at the June meeting has riled some board members who say they are concerned about alleged behind-the-scenes actions.

They allege the SSCVA’s longtime law firm, Kopka Pinkus and Dolan, was asked to resign or be fired and did not voluntarily resign June 10.

Board member Chris Rich, whose appointment to the SSCVA board expires June 30, said he and several other board members had a call with the firm’s managing partner, Gene Pinkus, and attorney James Magrames, the lawyer assigned to the tourism bureau. The call took place prior to the June 17 meeting and after the June 10 announcement of the resignation.

Rich’s account of the phone call was confirmed by two other board members who were on the phone call but declined to go on record citing the SSCVA bylaws that prohibit members other than those who are part of the executive board to comment to the press.

“We wanted to get both sides of the story. We just didn’t want to take Andy Qunell’s word,” Rich said of the telephone conference with the law firm.

Qunell, appointed by the Griffith Town Council, is the board’s chairman.

Rich, of Dyer, said during the call, the attorneys said they were asked to resign or be fired, so they resigned. Rich said some board members were surprised by the executive board’s move to hire a different firm.

“It definitely came out of the blue, I’ll tell you that. It wasn’t the board, it was just the executive committee,” Rich said of the decision. Chariece White was the only executive board member not contacted regarding the decision to temporarily retain Scott McClure, of Rhame, Elwood and McClure of Portage, until the full board met June 17.

“There was no reason to be in any hurry on this at all. We should have talked about it as a board,” Rich said. Immediate action by the executive committee was not necessary, he said.

“It’s very fishy if you ask me. I didn’t like it a bit. That’s what we have a board for,” Rich said

Rich said he was removed from the board by the Lake County Commissioners because he changed party affiliation and voted Republican instead of Democrat in the 2020 primary after being a lifelong Democrat. Lake County Commissioner Michael Repay, D-Hammond, confirmed the seat is a Democratic appointment and Rich was removed when it was learned that he voted Republican.

Qunell said the relationship with Kopka Pinkus and Dolan presents a perceived and potentially real conflict of interest for the SSCVA. The new attorney selected is from Porter County and will have no conflict with any member of the 19-person board or their appointing bodies.

“We are doing what is in the best interest of the public, managing the public interest in tourism in Northwest Indiana. We believe the change in attorney is a benefit to the organization and reduces the conflict that was there before,” Qunell said.

Two members of the tourism bureau staff have spouses who work for Kopka Pinkus and Dolan.

“They were not asked to resign,” Qunell said of the firm.

“This board take its character and integrity very seriously,” he said. “When we received the resignation of our attorney, who there were some perceived conflicts with, we chose to go around that very transparent and clear.”

Qunell said the board now feels it does not have any real or perceived conflict with any appointing authorities or board members or staff.

He called Gene Pinkus a “a complete gentlemen” regarding the executive committee’s concerns.

An email chain provided to the Post-Tribune through a Freedom of Information Act request show discussions leading up to the firm’s resignation.

On May 21, Qunell sent an email to the board’s attorney Magrames of Kopka Pinkus and Dolan in Crown Point seeking a state statute that made the SSCVA board stop the vote during its May 20 regular meeting on a tourism grant program the board had proposed. That program was approved in a special meeting May 27.

Magrames provided the response in an email dated May 25.

“As we talked about during our telephone call on Monday, May 24, 2021, one of the topics discussed during the Executive session of the CVA meeting held on Thursday, May 20, 2021, was a violation of Indiana’s Open-Door Law. The topic in question was the disbursement of fund to various municipalities from the PPP (Payroll Protection Plan) loan for use by the municipalities for tourism purposes,” he wrote.

He went on to write the discussion of the budget item was not a noticed topic and does not fall within the purview of state statute governing executive sessions. The topic was discussed in greater detail during the regular board meeting that immediately followed, he wrote.

“In researching this issue, there is statutory authority and case law to invalidate the board’s decision to disburse the funds, should it vote to do so,” he wrote. He recommended canceling the special meeting scheduled May 27 or at least dropping the topic of the PPP loan disbursement from the agenda. He recommended adding the matter to the June 17 meeting.

In response, Qunell wrote on May 25 he had just received three opinions to move ahead disagreeing with Magrames’ interpretation of statute.

On June 10, Qunell sent an email to the executive board in which he wrote he had received the resignation of Kopka Pinkus and Dolan.

“We will be utilizing Scott McClure for the time being. He is the firm I engaged for the opinion the BOD (board of directors) didn’t agree with Jim,” Qunell wrote. He continued writing he would ask the full board of directors to approve McClure as its new attorney at the June 17 meeting.

Later that day, Qunell sent an email to the full SSCVA board informing them he had received the resignation. Qunell wrote he accepted the resignation and thanked Pinkus for the hard work and dedication his firm has provided the board.

Board member Larry Tucker, appointed by the Town of Schererville, replied in the chain questioning the action.

“It is my humble opinion that the executive board and its president doesn’t speak for all 19 directors,” Tucker wrote.

“I don’t feel that our appointing authorities truly want a non (Lake County) firm. That’s why they appointed us to represent them,” Tucker wrote. He continued writing that it seems that the CVA has become a “last minute decision making board” while excluding the tourism bureau’s CEO and president in the processes. He asked for 30 to 60 days to discuss the issue.

“Our legal being asked to resign without the board knowledge isn’t going to help when we read about it in the press,” Tucker wrote.

Board member Tom Dabertin, appointed by Hammond Mayor Thomas McDermott Jr., replied to the email chain writing Qunell did the right thing by engaging in legal services on a temporary basis since the CVA is not without legal issues. He said executive boards have the right to act in an emergency on behalf of the board, and that is what Qunell did since Kopka Pinkus and Dolan resigned.

“In addition, our former counsel resigned so it was his decision. Further, I don’t believe in begging anyone to stay when the person or organization resigns without providing advance notice,” Dabertin wrote.

The vote to approve McClure as the SSCVA attorney June 17 was approved by a 12-3 vote, with three abstentions.

Carrie Napoleon is a freelance reporter for the Post-Tribune.