Middletown Town Council member Terri Flynn obtains lawyer in property investigation

MIDDLETOWN — A lawyer representing Town Councilor Terri Flynn and her husband Michael notified the council in a written communication to preserve executive session materials “regarding my clients."

That information, the communication said, “may be the subject of future litigation and you are required to preserve said information.”

Attorney Allyson M. Quay did not respond to an email or phone call from The Daily News on Monday. Terri Flynn did not respond to a text message or voicemail that day.

More:State police, outside law firm involved in probe of Middletown town councilor's property

Quay’s letter was submitted as an agenda item for the council’s Sept. 20 meeting. The council voted — with all members present and Flynn recusing herself — to receive the letter. There was no council discussion on the item.

More:Why was a Middletown task force dissolved? All we know is people were 'calling the police'

Quay wrote that the letter served as a notice to preserve “any and all recordings and/or meeting minutes/notes taken during executive session and regarding my clients.”

“Further, as you are aware, the Council votes should be made public once the investigation is complete,” Quay said in her letter. “We would request that all meeting minutes/notes be made public at this time as well.”

The subject of the letter reads “Investigation of Terri and Michael Flynn Property.”

More:Top vote-getter Terri Flynn wants public to speak up on next Middletown Town Council president

Resident Michael Cunningham questioned Terri Flynn’s “egregious” property assessment during a council meeting in April, which seemed to catch some councilors off guard. 

Since then, how the town has handled the concerns Cunningham raised has been largely shrouded in mystery. Discussions have been held in executive sessions, and town officials have been publicly mum on the subject.

The Daily News learned, though, the town retained attorney Maria Deaton with the law firm Lynch & Pine “to investigate a matter relative to the tax assessment of property located at 34 & 38 Warren Avenue,” Deaton said in an email, provided to The Daily News by Cunningham.

More:Robert Sylvia resigns from Middletown Town Council. Now what?

On May 17, after an executive session that may have centered on Flynn’s property assessment, Vice President Tom Welch made a “motion to refer this matter to the Rhode Island State Police.”

The “matter” was not disclosed, but Flynn recused herself from the vote.

The Daily News reached out to Rhode Island State Police to confirm whether the department was contacted by Middletown to investigate Flynn’s property assessment.

Rhode Island State Police Maj. Laurie Ludovici said in a voicemail to a reporter on Aug. 4 that “I was advised to let you know that Peter Regan, the town solicitor, has the results of the findings of the investigation,” and referred inquiries to him.

Regan in August didn't respond to a subsequent phone call from The Daily News about the investigatory findings.

The Daily News emailed Ludovici on Aug.30 and requested a copy of the findings of the state police investigation into the property assessment of 34 and 38 Warren Avenue.

Ludovici said the report is not considered a public record.

“Because this matter is not a circumstance where a crime was proven to have occurred, and no arrest was made, the privacy interests of the individuals involved are substantial and would not be considered a public record,” she said.