In her letter, Thomas, who until Sept. 5 was deputy chief legal counsel to Gov. Deval Patrick, argues that the tribe did not meet its July 31 deadline to reach a compact with the state because the original deal — one she helped craft — was rejected by the federal Bureau of Indian Affairs for being too generous to the state.
The state's conflict of interest law requires a one-year cooling-off period before a former state worker can appear before a state agency working on an issue that was under their "official responsibility" as a state employee.
An amendment to the law about casinos does not seem to apply to Thomas, however, because it requires a one-year cooling-off period for anyone with a specific financial interest in a casino or applying for a license.
But one prominent casino critic said even if Thomas' new job is legal, it is "exactly the kind of relationships that everyone feared that could and would occur."
"In this case, obviously, you have a very good lawyer, (who) made a major contribution to governor's office, to the legislation; highly respected," Scott Harshbarger, the state's former attorney general, said Friday.
"But it does raise a concern when you come right out of that office and come into a major law firm that's dealing in Massachusetts with all of the same issues. Whether or not it comports, I think it is an appropriate concern because it raises with the public the appearance that inside information and influence is now being used for private individuals rather than the public interest. It's unfortunate particularly in the early stages where we are trying to do it the right way."
Thomas did not respond to an email or messages left at her Boston law office.
Her firm, Goodwin Procter, insists Thomas' role has been fully vetted and she is doing nothing wrong.
"Ms. Thomas has fully and completely complied with all ethical and legal requirements under Massachusetts law and the state's Rules of Professional Conduct for attorneys," Lee Feldman, a spokesman for the firm, said in an email.
"Both Ms. Thomas and Goodwin Procter are well aware of the sensitivities and public scrutiny that surround all gaming-related issues. We believe that her work in this area meets all legal and ethical standards and is entirely appropriate."
Goodwin Procter provided an email from Deirdre Roney, chief counsel for the state Ethics Commission, written after inquiries from the Times, that confirms advice the board previously gave to Thomas. The email specifically says Thomas could not work on anything pertaining to the compact in her new job but makes a distinction between the compact and any events that have happened since the deal was rejected by the Bureau of Indian Affairs in October.
"Events that have occurred in the southeast region with respect to gaming since you left the governor's office, and, in particular, the gaming commission's actions to respond to the federal rejection of the compact, are new 'particular matters' for purposes of the law," Roney wrote. "You are not prohibited from working on such matters, blogging on them, etc."
Roney's opinion does not mention that Thomas helped to craft the casino legislation. But in a follow-up email to the Times, Feldman said Thomas has had conversations where she "specifically sought and received guidance from the state Ethics Commission on whether she could perform work related to the Expanded Gaming Act and gaming generally."
"I'm not a lawyer, so I can't say where the line is in this situation," said state Sen. Stanley Rosenberg, D-Amherst, the Senate's point man on casinos.
Rosenberg, who helped craft the gaming legislation, said Thomas played a key role in the Expanded Gaming Act, as well as the compact, and so has intimate knowledge of the contents. "I'm going to hope that she vetted this properly, so she knows where the line is," he said. "I have a sense of her as someone who would not want to cross the line intentionally or unintentionally."
[Ethics, anyone? Senator Rosenberg owned and profited from casino stock at a time he was cheerleading Gambling Legislation.]
It is unknown if anyone has questioned Thomas' role with the state Ethics Commission. The commission does not confirm or deny complaints filed or active investigations, a spokesman said.
The tribe seeks to build a $500 million casino on 146 acres in Taunton and has applied to have the land taken into trust by the U.S. Department of the Interior. Thomas has been visible at several key milestones in the tribe's efforts. In August, just days before she left the governor's administration, she attended a clambake at Mashpee Wampanoag tribal headquarters with Patrick and other administration officials to celebrate the compact.
The letter she wrote to the commission in her new role with Goodwin Procter directly contradicts positions taken by the tribe and Patrick since the federal government rejected the compact.
In it, she argued that because the Bureau of Indian Affairs did not approve the compact, the tribe did not meet the July 31 deadline set by the Legislature to approve the deal.
"If the July 31 deadline was not met, then the commission is obligated under the Expanded Gaming Act to request applications for a commercial license in Region C," Thomas wrote.
Tribe leaders declined a request for interviews about Thomas through spokeswoman Brooke Scannell. A tribe lawyer did write a letter to the gaming commission Tuesday that rebuts the legal arguments made by Thomas and concludes the commission should not open the region to competitive bids. The letter argues Region C can only be opened to commercial bids if the commission determines the tribe will not be able to get land into trust. And it reminds the commission that the land-into-trust application is still pending before the Interior Department.
On Tuesday, the gaming commission is expected to vote on a so-called "parallel process" of accepting prequalifying applications from commercial bidders while the tribe continues to work its way through a tangle of federal approvals. After six months, the commission would re-evaluate the tribe's progress and consider whether to allow commercial bids to continue to the next phase.
The compact includes a provision to allow the two sides to go back to the negotiating table, which is what the tribe and Patrick have done. "We clearly met the July 31 deadline outlined in the Expanded Gaming Act, and any interpretation that says otherwise does not reflect the language of the act," Jason Lefferts, a spokesman for the state's Executive Office of Housing and Economic Development, said in an email to the Times. —» The act allows the gaming commission to consider commercial license options after Aug. 1 based on the tribe's land-in-trust status, not the compact status."
Her relationship with the governor is close. In June, Patrick officiated at her wedding, according to an announcement in the The New York Times. She joined Goodwin Procter on Nov. 7, two months after she left her $90,667 per year job at the Statehouse and more than a month before the Bureau of Indian Affairs rejected the compact.
According to documents provided by Goodwin Procter, Thomas disclosed to Patrick on May 7 that she had been approached by the firm to join its gaming practice. That came as the tribe was in the throes of negotiations with Thomas and Patrick's other legal advisers. She remained part of the negotiating team, despite the disclosure.
The departure of Thomas from the Patrick administration raises the question of who remains on Beacon Hill to renegotiate a compact with the tribe. Patrick's chief of staff, William "Mo" Cowan, is leaving the administration in January to go back into private legal practice.
Meanwhile, Stanley McGee, another key adviser, left in June after his appointment as interim executive director of the gaming commission raised questions about his background check.
"Discussions regarding the compact are ongoing and the administration's team, along with our outside advisor, remain in close communication with the tribe," Lefferts said in his email. —» The governor's incoming chief of staff (Brendan Ryan) and several members of the existing team have worked on this issue for years and are well-versed."
SWITCHING TEAMS
March 14 - Mashpee Wampanoag Tribe contacts Gov. Patrick to begin negotiations on a compact.
- May 7 - E. Abim Thomas, chief deputy counsel to Patrick and negotiator on the compact, discloses that she has been approached by Goodwin Procter LLP to join the firm's gaming practice.
- July 10 - The tribe and Patrick announce they have reached an agreement on a compact.
- July 30 - The Legislature approves the compact, one day ahead of a July 31 deadline.
- Sept. 5 - Thomas leaves Patrick administration.
- Oct. 24 - The federal Bureau of Indian Affairs rejects the compact.
- Nov. 7 - Thomas is announced as new member of the Goodwin Procter "Gaming, Gambling & Sweepstakes" practice.
- Nov. 27 - Thomas writes a letter to gaming commission on behalf of an unidentified client urging competitive bids in the region where the tribe wants to build a casino.
E. Abim
Thomas
Associate
I joined Ropes & Gray LLP in 2003. During my first fews years, I had the
opportunity to contribute to projects in both the Corporate and Litigation
Departments and eventually joined the Litigation Department on a full-time
basis. In addition to my corporate and litigation experience, I have assisted
multiple pro bono clients in pursuit of their compelling claims for political
asylum. In my first year, when not in the office, I could be found outside the
State House or City Hall with other co-workers supporting Massachusetts’
landmark Goodridge decision.
I graduated from Harvard College in 1996
where I was a Psychology major and co-chair of Harvard’s Bi-Gay-Lesbian Straight
Alliance. While in college, I volunteered for Aids Action and the Fenway
Community Health Center. After college I stayed at Harvard and worked in the
Dean’s Office on the Women’s Initiative Project to increase the visibility of
women on campus. Forever in love with my alma mater, I am active in many alumni
organizations and continue to serve as a pre-law tutor to undergraduates at
Harvard. After a year in Boston, I moved out to San Francisco where I worked at
an investment bank for two years and then worked at the Lawyers’ Committee for
Civil Rights of the San Francisco Bay Area. While in San Francisco, I
volunteered for San Francisco Pride and attended every circuit party possible. I
then moved to Washington, DC for law school. I earned my J.D. from Georgetown
University Law Center in 2003, where I worked in the Institute for Public
Representation, participated on the Alternative Dispute Resolution Team, and
served as an Editor for the
Georgetown Journal of Gender and the
Law.
At Ropes, I have been welcomed by the firm’s Attorneys of Color
Group as well as the GLBT Lawyer’s Forum. I am impressed by Ropes’ commitment to
diversity and the firm’s continued support of both groups. Both groups have
allowed me to meet great attorneys and even more amazing people who I always
look forward to seeing at the office and outside of work.
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