POTTSTOWN >> An attorney has threatened to file a defamation suit against a Stowe woman circulating a petition calling for Borough Manager Mark Flanders to be fired.
In a June 29 letter to Danielle Case O’Brien, attorney Jamie Ottaviano wrote that some of the reasons the petition gives for Flanders’ ouster are “in my professional opinion, inaccurate and potentially harassing and defamatory.”
Should O’Brien “continue to make further false and defamatory statements directed to Mr. Flanders, I may advise him that he sue you for defamation,” Ottaviano wrote.
Ottaviano, who O’Brien said previously represented her in a custody matter, advised her to seek an attorney’s advice and further warned that if her “false and defamatory actions result in any realized harm to Mr. Flanders, such as being wrongfully terminated, the monetary damages to which you would be subject could be considerable.”
O’Brien did take Ottaviano’s advice and contacted local attorney Adam Sager, who has previously represented several clients who have crossed swords with the borough.
He replied in a July 13 letter to Ottaviano that, with the exception of adding footnotes to her petition to back up her claims, “Ms. O’Brien will not discontinue her actions.”
Sager said the offenses she listed in her petition are “supported by past newspaper articles, borough council minutes, as well as statements that were made directly by Mr. Flanders or other employees of the Borough.”
O’Brien’s petition is posted online at change.org and had attracted 114 signatures as of Friday.
In the petition preamble, O’Brien included a lengthy list of 14 issues for which she says Flanders is responsible.
They include: an increase in crime and poverty; the failed $30,000 attempt to merge the four volunteer fire companies; the use of consultant David Woglom in that effort and to hire personnel “without borough council’s permission or knowledge;” problems working with the Fourth of July parade; cost overruns at the new $4 million borough garage.
O’Brien’s petition also makes the claim that Flanders “intimidates borough employees and taxpayers; he is a bully and will stop at nothing to get his way at the cost of hurting Pottstown.”
Noting that his client “has a First Amendment right to free speech,” Sager wrote Ottaviano to “go ahead and bring a civil suit against Ms O’Brien. Not only will that be met with a vigorous defense, but we will also suggest that you are attempting to ‘bully’ Ms O’Brien as a result of the status of Mr. Flanders in the Borough.”
For her own part, O’Brien, 39, a resident of Stowe, said she has no personal animus toward Flanders.
“I’ve never even met Mr. Flanders,” she said.
Offered an opportunity to comment, Flanders consulted his attorney, who indicated to The Mercury he advised Flanders against commenting and that his letter “speaks for itself.”
O’Brien said she decided to get involved simply because she was upset about the condition of her hometown.
“The streets are a mess, we need more businesses downtown and I don’t like what people tell me about how Mr. Flanders intimidates people. It’s not like I did it out of spite,” she said.
A native of Pottstown, O’Brien said she was a little surprised when she received the letter. “I think it’s a little ridiculous.”
On Sager’s advice, O’Brien said she has “changed a few words” in the petition, but has no plans to cease her efforts to get signatures.
In fact, she said the threat has helped convince her to print out paper copies and start going door-to-door to get signatures.
O’Brien said she is disappointed that the petition has not garnered more signatures, but not surprised.
“People are afraid. Look what happened to me,” she said.
In fact, this is not the first time Flanders has had attorneys send threatening letters when his job is at issue.
In 2012, former Montgomery County Commissioner and district attorney Bruce Castor sent a letter on Flanders’ behalf to former codes director Jeff Smith warning him about emails Smith had sent to members of borough council.
Using eerily similar language to that found in the letter sent to O’Brien, Castor warned Smith “the monetary damages to which you would be subject could be considerable,” should Flanders not be hired as the borough manager because of Smith’s emails.
At the time Flanders had retired as police chief, was serving as interim borough manager and was being considered for the manager’s job full-time.
“I respectfully suggest that you issue a written apology to Chief Flanders disavowing your accusations, and that you also retract any such representations you made to the council members and the mayor,” Castor advised Smith in 2012.
“If this is not done by close of business on Nov. 9, I may forward the matter to law enforcement for possible prosecution, and further advise Chief Flanders that he sue you for defamation,” Castor wrote.
Again, the target of Flanders letter was advised to consult an attorney; again that person turned to Sager; and again, Sager shrugged off the threat and said his client was exercising his First Amendment rights in bringing factual matters to the attention of his elected representatives.
Flanders was hired as manager and no suit was ever brought against Smith.
