FROED rent court filings allege Flanagan changed position to obtain pot letter

FROED alleges Will Flanagan backed out of signing an affidavit supporting the non-profit agency’s claim that they were exempt from paying rent because the former city mayor was seeking a letter of non-opposition from Mayor Jasiel Correia II to open a recreational marijuana facility.

NEW BEDFORD — The case of the city versus the former Fall River Office of Economic Development over alleged overdue back rent has been chugging along quietly toward the March 2019 trial date, but recent court filings show both sides aren’t backing down.

In fact, one shot over the bow from FROED alleges Will Flanagan backed out of signing an affidavit supporting the non-profit agency’s claim that they were exempt from paying rent because the former city mayor was seeking a letter of non-opposition from Mayor Jasiel Correia II to open a recreational marijuana facility.

Flanagan is the representative for the company Hope, Heal, Health, which already has permission to open a medical marijuana facility.

Executive Vice President Kenneth Fiola Jr., who heads the former FROED, now rebranded as the Bristol County Economic Development Consultants, contends in an affidavit filed in New Bedford Superior Court this week, along with other filings, that Flanagan provided information for an affidavit that he agreed to sign. Court records continue to identify BCEDC as FROED.

However, according to court records, at “the eleventh hour” Flanagan sent a text message to Fiola after he was asked to send the signed affidavit saying “he needed more time.”

In his statement, Fiola said Flanagan’s reluctance to sign an affidavit was due to his need for the letter of non-opposition from Correia and that the former mayor had a financial stake in Hope, Heal, and Health.

A copy of a series of undated text messages between Flanagan and Fiola does indicate that the former mayor agreed to sign a draft affidavit sent to him, but the next day did indicate he needed more time.

“Ok. This is important,” texted Fiola.

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This week Corporation Counsel Joseph Macy confirmed that Correia had provided a letter to the marijuana company and he was working on a host agreement with Hope, Heal, Health’s attorney.

Flanagan declined to discuss FROED’s recent court filing.

“I have no comment on ongoing litigation between the city of Fall River and the Fall River Office of Economic Development,” said Flanagan.

Macy said there is only one issue involved in the case against FROED and that’s whether or not they were required to pay rent.

“That’s the only issue in the case,” said Macy, “All the other stuff is just smoke and mirrors.”

Regarding Flanagan, Macy said he doesn’t know what Flanagan said to FROED regarding the affidavit.

“But what is said in a pleading is simply an allegation,” said Macy, adding it was inadmissible in court.

FROED’s attorney, Randall T. Weeks said the legal pleadings filed on behalf of the non-profit “speak for themselves.”

“We are extremely confident that FROED will prevail once the court has the opportunity to review the undisputed facts that have been submitted,” Weeks said.

The city is accusing FROED of owing $113,000 in back rent.

While Flanagan didn’t provide a statement that he exempted FROED from paying rent after a licensing agreement expired on June 30, 2014, his former chief of staff, Ann O’Neil Souza did and indicated she was aware that no rent was charged, citing “as quid pro quo for all of the economic development initiatives that FROED was doing in conjunction with Mayor Flanagan on behalf of the city,” and that the 2015 budget didn’t include any rent revenues.

Likewise, former Mayor Sam Sutter and his former chief of staff Lou Pacheco signed affidavits indicating that FROED was not being charged rent under that administration.

FROED continued to use the sixth floor space at Government Center they’ve called home since 1978 for 16 months into Correia’s first term. That changed after a still unexplained falling out between the mayor and FROED in March 2017. The following month FROED was handed an invoice for back rent.

The relationship between Correia and FROED  took a dive in April 2017 when it was announced at the FROED annual meeting that Fiola was paid a visit by the FBI and HUD investigators regarding a probe of the now second term mayor. Initially Correia denied a federal probe but has since acknowledged that he was under investigation in September 2017.

There are indications from a number of sources the investigation is on-going.

The city filed the lawsuit against FROED in June 2017 to evict the agency from Government Center and to recoup $113,000 it alleges is owed in back rent.

The city and FROED have each submitted court filings requesting summary judgments, asking Superior Court Raffi Yessayan to decide the case before it goes to trial and in each parties favor.

Last March, Yessayan set a trial date for March 4, 2019.

Email Jo C. Goode at jgoode@heraldnews.com

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