Duxbury Town Counsel Robert Troy released a statement today stating he was directed by Town Manager Richard MacDonald and a member of the Board of Selectmen to not withdraw from four civil suits. That selectman was Shawn Dahlen.

According to Troy, his office received a phone call from MacDonald on April 24 instructing him not to file motions of withdrawal on the four suits, including a civil suit brought by Johnson Golf Management. This was a follow-up to an April 19 email Troy received from MacDonald instructing him to withdraw as counsel from four civil suits pending against the town following a vote by selectmen.

Yet in a Clipper article that was published today, chair of the Board of Selectmen Ted Flynn said he was unaware that the Troy had not withdrawn. When told today that Troy had been instructed not to withdraw, Flynn said he had not been notified of that. Selectman David Madigan also said he had not been made aware of the change.

 

“It came as a surprise to me,” said Flynn.

MacDonald said he takes full responsibility for not informing the other members of the board of the change in strategy. He said he was advised by Anderson and Kreiger attorney Art Kreiger, who is now the town’s special counsel, not to take any action until Kreiger had a chance to review the case.

“If there’s a misunderstanding, it’s on me,” said MacDonald. “I’ll take the hit for that. This rarely happens. There’s usually very good communication between the three members.”

This development follows a six hour executive session on April 19, 2012, when Troy received an email from MacDonald at the behest of the Board of Selectmen directing Troy to “...withdraw your appearance in the following cases:

1)   Johnson Golf

2)   DeLuca

3)   James

4)   Golden...”

MacDonald’s email went on to say that “…I want to inform you that the Selectmen have voted to waive attorney client privilege as to the North Hill matter so that your deposition can proceed and you can testify as a witness at the trial.”

Following is Troy’s statement in its entirety:

STATEMENT OF TOWN COUNSEL

ROBERT S. TROY

On Monday, April 23, 2012, I met with the Board of Selectmen in Executive Session relative to the issues between Town Counsel and Insurance Counsel on the Johnson Golf matter.  The following day, the Town Manager and a Member of the Board of Selectmen met with Special Town Counsel for the Town.  Thereafter, the Town Manager, in the presence of a Selectman, called me and expressly instructed me not to file Motions for Withdrawal in the cases that I am representing the Town, along with Insurance Counsel, until notified otherwise.  On May 2, 2012, I was instructed to forward executed Withdrawals in these cases to Special Counsel for the Town.  I have done so.  In this instance, as always in my 26 years of service to the Town, I have followed the Town’s instructions and acted in the best interest of the Town.