An ongoing civil suit against the Town of Duxbury brought by Johnson Golf Management and ensuing accusations that Town Counsel Robert Troy was “not being truthful” in statements made at an October 4, 2010 Board of Selectmen hearing and before Middlesex District Court have resulted in the dismissal of Troy by the current Board of Selectmen. At the May 29 meeting, the board also voted to waive attorney-client privilege with regard to the Johnson Golf suit.

In an April 18 Clipper interview, Troy, who was town counsel for 26 years, denies he intentionally made false statements and that if he misspoke, it was because he believed what he said to be true at the time.

The Board of Selectmen, under Chair Ted Flynn, voted unanimously in executive session to fire Troy and announced it in the public portion of the meeting that lasted only a few minutes.

“In a vote of executive session, the board voted unanimously to discontinue the Town Counsel effective May 29,” announced Flynn to a sparsely attended meeting. “This is a decision of the board not on the recommendation of either legal counsel. I’d like to publicly thank Bob Troy for his 26 years of service to the town. It was in the best interest of the town to go in a different direction and so we have decided to do just that.”

According to Flynn, Troy was invited to attend both the executive session and open meeting, but did not. Flynn said that Art Kreiger, a partner in Anderson and Kreiger of Boston who was appointed Special Town Counsel late last month, was made Interim Town Counsel. Lenny Kesten, a partner in Brody Hardoon Perkins and Kesten of Boston, was appointed to represent Duxbury by the town’s insurance carrier, Massachusetts Interlocal Insurance Agency (MIIA) and is being paid by the MIIA. He is lead counsel for the town in the Johnson Golf Management suit.

Immediately following the announcement, there was only silence and the board voted to return to executive session.

In a statement released to the press before the meeting, Flynn outlined his reasons for choosing to release Troy:

“… I am now doing all I can to bring all the faces, both good and bad, to light. It is important that the citizens of Duxbury have the faces regarding this matter available to them so that they can make their own decisions. Likewise, it is critical that all the members of the Board of Selectmen have all the facts available to them so that they can make their decisions as to how best to bring this litigation to an end, be it through trial or settlement.”

Multiple attempts to reach Troy were unsuccessful, but he did release a statement yesterday in which he thanked the town and addressed what he sees as the conflict:

“As has been reported, the Town’s insurance carrier is representing the Town in a number of cases under a “reservation of rights” that fails to provide for indemnification of the Town in the event these cases are resolved with an award of financial damages against the Town. This has created a conflict that could not be resolved.”

Troy is referring to Johnson Golf Management’s suit against the Town of Duxbury and the town appointing Kesten as lead counsel in the case. At the crux of the lawsuit is language in the town’s October 2008 request for proposal (RFP) seeking bids on a five-year contract for management of the North Hill Golf Course and Country Club. Johnson Golf Management, Inc., which held the contract for ten years, alleges that the town and the North Hill Advisory Committee, which included Recreation Director Gordon Cushing, conspired to prevent the award of the bid to it.

The first allegations of Troy “not being truthful” were made in a March 25 motion filed by the plaintiff’s attorney Stephen Follansbee. In it, he alleges Troy made false statements to Middlesex Superior Court Judge Herman Smith. Additionally, Follansbee states in his motion that Troy addressed an October 4, 2010 Duxbury Board of Selectmen’s meeting and responded to a question from then Selectman Christopher Donato with a false statement. In an April interview, Troy denied all charges.

A somber Donato was present at the May 29 meeting. Asked about Troy’s dismissal, the former selectman and current Assistant U.S. Attorney said the board’s decision was the right one.

“I feel terrible as an attorney to see that happen to another attorney,” said Donato, who in his term as selectman frequently challenged Troy’s statements to the board. “It’s not a good day for Duxbury, but we do need a change. Based on the information I saw in the Johnson suit, it appears from the record he wasn’t always truthful.”

Flynn, whose goal as chair of the selectmen is to foster a climate of transparency, said he’ll do just that starting with this case.

“We’re directing town counsel to make all non-privileged documents readily available by putting them on the town Web site,” said Flynn.

Selectman Shawn Dahlen who had spoken in defense of Troy since the allegations first came to light, appeared conflicted.

“It’s regretful that things even got to this point, “ said Dahlen. “(Troy) served the town well, he believed in the town, he served through thick and thin. I feel at this point in time, it was in the best interest of the town.”

Selectman David Madigan, new to the board this year, agreed that Troy’s release was a necessary step forward.

“He’s done a great job,” said Madigan. “The state we’re in now, it’s better. There are so many questions, it’s best for the town to look in a new direction.”

To read the full statements given by Flynn and Troy, please visit our Web site.

Statement of Chair of the Board of Selectmen Ted Flynn:

APPROXIMATELY FOUR YEARS AGO, A REQUEST FOR PROPOSAL WAS SENT OUT FOR MANAGEMENT OF THE NORTH HILL GOLF COURSE. THIS TOWN HAS BEEN INVOLVED IN COSTLY LITIGATION SINCE THAT TIME. WHAT TRANSPIRED WITH REGARD TO THE PROCESS AND THE ENSUING LAWSUIT HAS YET TO BE SORTED OUT, BUT I AM COMMITED TO ENSURE THAT IT WILL BE SORTED OUT. IF IT TURNS OUT THAT MISTAKES WERE MADE; THEY WILL BE RECTIFIED.

FROM MY OWN POINT OF VIEW, THIS SHOULD NOT BE BEFORE US TODAY. IT SHOULD’VE BEEN RESOLVED THREE AND A HALF YEARS AGO.

ALTHOUGH NONE OF THE CURRENT MEMBERS OF THE BOARD OF SELECTMEN WERE SERVING WHEN THIS STARTED, I FEEL AS THOUGH I PERSONALLY SHOULD HAVE HAD WHAT IS KNOWN IN THE AUDIT FIELD AS “HEALTHY SKEPTICISM” WITH REGARDS LITIGATION BEFORE THE TOWN.

WHEN I WAS FIRST BRIEFED ON CURRENT LITIGATION A YEAR AGO, WHAT JUMPED OUT AT ME WERE THE NUMBER OF ZONING BOARD OF APPEALS CASES, NOT JOHNSON GOLF. THAT IS WHY WE CREATED A COMMITTEE TO STUDY THE ZONING BY-LAW. I REGRET NOT FOCUSING MORE ON THE FACTS OF THIS CASE THEN. HOWEVER, I AM NOW DOING ALL I CAN TO BRING ALL THE FACTS, BOTH GOOD AND BAD, TO LIGHT. IT IS IMPORTANT THAT THE CITIZENS OF DUXBURY HAVE THE FACTS REGARDING THIS MATTER AVAILABLE TO THEM SO THAT THEY CAN MAKE THEIR OWN DECISIONS. LIKEWISE, IT IS CRITICAL THAT ALL THE MEMBERS OF THE BOARD OF SELECTMEN HAVE ALL THE FACTS AVAILABLE TO THEM SO THAT THEY CAN MAKE THEIR DECISIONS AS TO HOW BEST TO BRING THIS LITIGATION TO AN END, BE IT THROUGH TRIAL OR SETTLEMENT.

IN ANY EVENT JOHNSON GOLF IS IN THE FOREFRONT.  ACCORDINGLY, I MAKE THE FOLLOWING RECOMMENDATIONS:

1.     TO DISCONTINUE THE SERVICES OF CURRENT TOWN COUNSEL AND HAVE ALL CASES INVOLVING THE TOWN TO BE TURNED OVER TO SPECIAL COUNSEL FOR THE IMMEDIATE FUTURE.

2.     WAIVE ATTORNEY CLIENT PRIVILEGE AS TO ATTORNEY TROY’S ROLE IN THE NORTH HILL MATTER.

3.     THE TOWN NOT ONLY AGREES TO HIS DEPOSITION, BUT INSISTS ON IT AND DIRECTS COUNSEL TO MAKE SURE THAT ALL RELEVANT QUESTIONS ARE ANSWERED.

4.     THE BOARD OF SELECTMEN DIRECTS COUNSEL TO MAKE ALL NON PRIVILEGED DOCUMENTS INVOLVING THIS CASE PUBLIC, INCLUDING ALL DEPOSITION TRANSCRIPTS.

5.     THE BOARD OF SELECTMEN REQUESTS THAT THE INSPECTOR GENERAL AND HIS STAFF MEET WITH OUR COUNSEL AND A MEMBER OF THE BOARD OF SELECTMEN TO REVIEW THE INFORMATION PROVIDED TO THE IG AND THE IG’S ROLE IN THE PROCESS.

Statement of former Duxbury town counsel Robert Troy:

I have been informed that the Town of Duxbury has decided to end my service as Town Counsel after twenty-six years, an extraordinary period of public service. During my time as Town Counsel, the Town has prevailed in countless court cases, including landmark cases before the Appeals Court and Supreme Judicial Court. Equally important, during my tenure, the Town has not paid a single dollar to satisfy Court Judgments or settlements for claims against it.  I did not accomplish this on my own, but with the dedicated and able assistance of Town officials, Town employees and citizens of Duxbury.

As has been reported, the Town’s insurance carrier is representing the Town in a number of cases under a “reservation of rights” that fails to provide for indemnification of the Town in the event these cases are resolved with an award of financial damages against the Town. This has created a conflict that could not be resolved.

I wish the Town, its officials, employees and residents well and thank them for the opportunity to serve.

I look forward to cooperating with successor counsel in facilitating a transition to assure that the Town’s interests are protected.

Finally, I want to thank the many Town officials and Town residents who have contacted me to express their appreciation for my years of service to the Town of Duxbury.