(Photo: The Board of Selectmen met in executive session on Thursday to discuss ongoing litigation involving North Hill Golf Course and Town Counsel Robert Troy's role in it. Attending the meeting were Chair Ted Flynn (back), MIIA co-counsels, Attorney Leonard Kesten, Selectman Shawn Dahlen, Town Manager Richard MacDonald, Recreation Director Gordon Cushing, and Selectmen’s Administrative Assistant Anne Murray. Not pictured, but in attendance was Selectman David Madigan.)

Town Counsel Robert Troy will no longer represent the Town of Duxbury in four civil suits lodged against the town.

The Duxbury Board of Selectmen and others met in executive session for six hours on Thursday to discuss a civil suit lodged against the Town of Duxbury by Johnson Golf Management, Inc. and what role Troy played in it. As a result of that meeting, the Board voted to remove Troy as counsel on the Johnson lawsuit and three other cases pending against the town, including a civil suit filed by former Police Chief Mark Deluca on Feb. 3. In a motion filed last Friday in Middlesex Superior Court, where the lawsuit is being heard, Johnson Golf alleged Troy “was not being truthful” in statements made at an October 4, 2010 Board of Selectmen’s meeting and in a January 27, 2009 hearing before the court (see related story). In an opposition to that motion filed the same day, Troy denied making any intentional misstatement. Efforts to reach Troy for comment following yesterday’s executive session were unsuccessful.

In a letter emailed yesterday, Town Manager Richard MacDonald notified Troy that Attorney Leonard Kesten now represents Duxbury in the four cases. Kesten, who was at Thursday’s executive session, was assigned to represent Duxbury by the town’s insurance agent, Massachusetts Interlocal Insurance Association (MIIA). In the letter, the board directed Troy to ensure Kesten is provided with all original documents related to the cases. Additionally, MacDonald told Troy in the letter that the selectmen had “voted to waive the 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.” Troy’s deposition, originally scheduled for April 23, is currently being rescheduled.

“I’m now the only lawyer,” Kesten said on Friday. When asked what role if any Troy will play in the town’s defense, Kesten responded, “None. He’s a witness. Mr. Troy will be a witness… It was a decision made by the town manager and the selectmen.”

Johnson Golf, Inc. filed its civil suit against the Town of Duxbury in Dec. 2008 alleging the town conspired to wrongfully award the bid to another company. Previously, Johnson Golf had managed the town-owned North Hill Golf Course for ten years. According to the plaintiff’s attorney Steve Follansbee, Johnson Golf, Inc. has filed multiple lawsuits against other municipalities, including Beverly, Auburn, and twice against Boston and Abington alleging similar complaints. The City of New Bedford filed its own lawsuit against Johnson Golf, Inc.

Selectmen Chair Ted Flynn said the interests of the town are the board’s priority. In addition to the Johnson Golf and Deluca matters, Troy was instructed to withdraw from two other civil suits.

“Our town counsel is getting a letter (Thursday) that directs him to withdraw from four cases,” said Flynn. “Attorney Kesten will represent the Town of Duxbury in these activities… We’ve also voted to waive attorney-client privilege with regard to North Hill, so his deposition can proceed and he can testify as a witness at trial.”

When asked if Troy will continue on in any capacity on behalf of the town’s defense in the Johnson Golf case, Flynn said no.

“He’s not to do anything on any filings or motions on behalf of the town,” said Flynn.

Selectman Shawn Dahlen said he was impressed with Kesten and believes Kesten “knows what he’s doing.” Dahlen went on to say he thinks town officials were informed by Troy of everything pertaining to the lawsuits. It’s his understanding the board will meet with Troy on Monday and make a decision about Troy’s future status as town counsel sometime following that meeting.

“My personal perspective is the best advice anyone can take is to listen to every perspective, take a deep breath and go from there,” said Dahlen. “I’m trying to keep an open mind, listen carefully and make decisions accordingly.”

The newest selectman, David Madigan, said it’s his hope the board will be able to share with the public as much as is possible. His goal is get the four lawsuits settled. As for the executive session with Troy, his intention is to listen “without prejudice.”

“The attorney’s (Troy’s) bills will be released in the open meeting, or at least discussed,” said Madigan. “That will all be out there. We heard from one side (on Thursday) and will hear from the other side on Monday.”

Although Troy has been Duxbury’s town counsel for nearly 26 years, he does not have a contract with the Town and may be released as town counsel at any time, at the selectmen’s discretion. Current selectmen said they are not aware of any complaints made against Troy by previous board members or town officials. The Massachusetts Board of Bar Overseers lists Troy as a member since 1974 and its Web site declares that he has “no record of public discipline.”