Councilor Ferrera Demands Detailed Answers by Friday

Posted on Tuesday, February 12 2008 by Heather Brandon

Springfield City Councilor James Ferrera with Mayor SarnoSpringfield City Councilor James Ferrera (pictured) issued a memorandum dated February 11 to Stephen Lisauskas, executive director of the Springfield Finance Control Board, demanding answers to detailed questions regarding how decisions may have led to the city’s $13.9 million investment last spring with Merrill Lynch, which suffered a rapid loss.

Merrill LynchMore specifically, the memo seeks to probe directly into Lisauskas’s relationship with former Merrill broker Carl Kipper, one of two Albany-based agents who were recently let go. The memo was released mid-day today to members of the media.

At a City Council Finance Committee meeting yesterday on the matter, according to a report in today’s Republican, city solicitor Ed Pikula assured six members of the currently disempowered elected body that a transparent effort is underway to find out if there was any wrongdoing or failure to follow protocol at the city level.

On February 1, Mayor Domenic Sarno held a press conference in his City Hall office, which included Ferrera and a number of other officials, to announce Merrill’s reimbursal to the city of the full $13.9 million. Lisauskas was absent from that event. In his memo, Ferrera takes issue with the absence of Lisauskas at yesterday’s committee meeting. Ferrera previously commented on the air at WAQY regarding his concerns about Lisauskas and the Merrill investment.

The full, unedited text of Ferrera’s memo is below, in which he begins to specify items with the letter a), and then follows with another letter a), and then drops itemization itemizes his concerns (viewable only in certain word processing software). At the end, Ferrera demands a written response to his questions by 2:15 pm on Friday, February 15. He also requests receipts for any meals Lisauskas and Kipper may have shared together.

City of Springfield
Memo

To: Steve Lisauskas
From: James J. Ferrera, III, Vice President, City Council
CC: Control Board Members, Western Massachusetts Delegation
Date: February 11, 2008
Re: Merrill Lynch

After reviewing Docket No. 2008-0001 filed by the Secretary of the Commonwealth Securities Division, I have many serious questions that need to be addressed by you in a timely manner.

First of all I must say that I was very disappointed that you did not take the time to come to a committee hearing of the City Council’s Finance Committee which you were invited to. In order for this City to move forward and in the right direction, we need to have transparency at all level of local government. We cannot run government in a vacuum. We need to open all lines of communications between the FCB and the City Council. After that being said, please respond in writing with details to the following questions:

1.) Describe in detail how and why the Albany Branch of Merrill Lynch was chosen to do business with the City of Springfield and why other local branches of Merrill Lynch were not given the opportunity to give a sales pitch.

2.) a.) Were these investments sent out to bid? Was there an RFP used? If yes, please send a copy of the bid/RFP that was used for these investments.

b.) If no, please state why no RFP was used. Please also send a copy of all the policies and procedures when handling these types of investments with the City.

3.) a.) As stated in the complaint filed by the Secretary of the Commonwealth, please describe your “longstanding friendship” between you and Carl J. Kipper, Vice president, Global Private Client Group for Merrill Lynch.

b.) When/where did you first meet him?

c.) Do you have any personal accounts set-up with him or Merrill Lynch (active or non-active)?

d.) In Exhibit One of the Secretary’s complaint, there is an e-mail from Carl Kipper to slasauskas [at] mindspring.com which states “Steve, thank you. Nice chatting with you this morning and I will give you a call so we can get together for lunch or dinner within the next week or so. Have a great day…” At anytime did you have lunch or dinner with Carl Kipper and if you did, who paid? Please provide receipts.

4.) Please list in detail all the times you worked with Carl J. Kipper in any capacity, when, where and why.

5.) Why did you “orchestrate” the deal between the City and Merrill Lynch when it is the responsibility under state law that the treasurer has the right to invest the money?

6.) As stated in the complaint filed by the Secretary there was a committee formed of four people, you, the Treasurer, the CFO and the Auditor. Was a vote taken by that committee to select Merrill Lynch? If yes please provide me with the results of the vote and if no please indicate why no vote was taken.

7.) Did the Law Department review and approve the contracts with Merrill Lynch and any other investment contracts? Was there any oversight by the City Auditor with regards to these contracts?

Again, please respond in writing by 2/15/08 at 2:15 p.m. You can drop your response off at the City Council Office or feel free to contact me when done. Any questions, please feel free to call me at [----]. Thank you for your time.

11 Responses to “Councilor Ferrera Demands Detailed Answers by Friday”

  1. Bill D. http://springfieldintruder.com

    a.) Ferrara must be confused. He’s not a part of any of the agencies investigating this matter.

    a.) Lisauskas will be unlikely to provide any information to anyone other than those officials.

    a.) More grandstanding.

    a.) Man, I can’t wait for 2:16pm on Friday.

  2. NoPolitician http://

    This begs the question, “or else, what”?

    Don’t get me wrong. I think that Lisauskas should answer these questions. But this is the most ham-handed thing I have ever seen. Ferrera has no power over Lisauskas. He is a state employee. In theory, Lisauskas could cut Ferrera’s salary.

    Why 2:15pm, by the way? Is that when Jimmy gets out of his cushy courthouse job, the one whose job description basically says he should “interact with constituents”? Maybe that’s why he can make so many appearances mid-day across the city — we’re paying him to!

    And how foolish is it to put your cell phone number in a press release…

    What is even more embarrassing is the way Steve Buoniconti is handling this. He keeps “pulling back” the extension of the FCB loan, as if he is our daddy punishing us. Someone really, really needs to run against him, because he shows nothing but disdain for this city, the largest city in his district.

    The proper approach would be for Ferrera to lobby the city council to pass a resolution to ask our state delegation to get Leslie Kirwan of the state to investigate Lisauskas. That’s the chain. Otherwise Ferrera, with no power, no “subpoena ability”, is crying in the wind.

  3. Heather Brandon http://urbancompass.net

    Lisauskas has to answer to Kirwan, as a state DOR employee. Should the City Council request an employer-employee investigation with such specificity? And where’s the state ethics commission with all of this? If I were a city official I’d be submitting the matter to them.

    How about if all state and city agencies just take it under advisement that they should heretofore investigate one another for any possible wrongdoing.

    After all, Ferrera indicated on the radio that he had launched his own “investigation.” Everyone’s investigating everyone else, we get it. If Ferrera has questions about this particular official, he could talk to Kirwan himself, or consult with the several other state agencies involved in various stages of investigation. Getting answers out of Lisauskas could likewise be attempted in other ways that don’t involve ignominy.

    Lisauskas did sit with the City Council during a budget review, but it sounded as though the Merrill Lynch issue was strictly off the table.

    Regarding the itemization issue in the memo, by the way, it turns out Ferrera used an enumeration tool probably specific to Microsoft, and so the memo doesn’t necessarily come through as intended depending on what word processing software you use to view it. I didn’t initially see the memo as intended for this reason, and have corrected the post to reflect that and also to portray the memo more accurately.

  4. Heather Brandon http://urbancompass.net

    Good point about the cell phone number, btw; I removed it from the memo here to avoid a sticky legal situation myself. (My in-house lawyer is on vacation…)

  5. Bill D.

    DID JIMMY GET HIS ANSWERS AT 2:15 PM??!! DID JIMMY GET HIS ANSWERS???!!!

  6. Heather Brandon http://urbancompass.net

    If he does get them I certainly hope he will not be remiss in letting us all know.

  7. NoPolitician http://

    Can you put back that cell phone number so we can give him a call?

  8. Heather Brandon http://urbancompass.net

    Very funny.

    But seriously, if anyone does want to contact Mr. Ferrera, vice president of the city council, the info available to reach him is up on the city’s Web site.

    James J. Ferrera, III
    33 Palmyra Street, 01118
    Home: 351-6657
    Email: jferrera1 [at] verizon.net

  9. Belmont

    They made him vice president?

    Hope that doesn’t mean it’s his turn to be Pres next.

  10. Bill Dusty

    >>>They made him vice president?
    Hope that doesn’t mean it’s his turn to be Pres next.

  11. Urban Compass | Blog Archive | Councilor Ferrera Asks for Answers Again http://urbancompass.net/?p=1084

    [...] a follow-up to his February 11 memorandum to Springfield Finance Control Board executive director Stephen Lisauskas (pictured below, at far [...]

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