Attorney Alan Seewald has resigned his position as Town Counsel, as per the request of Town Manager Larry Shaffer. His letter of resignation was filed with the Town Clerk’s office on Monday afternoon. More details to follow. (Scroll to bottom for Wednesday's press release.)
Updated: 5:10 p.m.:
A letter filed with the Town Clerk’s office at 2:42 p.m. on November 20th reads:
Laurence R. Shaffer
Town Manager
Town of Amherst
Town Hall
Amherst, MA 01002
RE: Resignation – Town Counsel
Dear Mr. Shaffer:
As per your request, please accept this letter as my resignation from the position of Town Counsel for the Town of Amherst.
Very truly yours,
Alan Seewald
AS/A
xc: Sandra Burgess, Town Clerk
Reached today, Mr. Seewald said that no specific occurrence prompted the request for his resignation and that the Town Manager wants to go in a different direction. He was not willing to comment further, as details of his departure are still being finalized.
Select Board Member Robie Hubley said he heard only that it was “Time for a change,” and wanted to withhold comment until a statement was issued by the Town Manager.
According to section 4.53 of the Town Government Act, “The town manager shall have the authority to employ and discharge town counsel.”
Attempts to reach Larry Shaffer have been unsuccessful. He is expected to issue a statement this afternoon or tomorrow naming Worcester attorney Gary S. Brackett of Brackett & Lucas to replace Seewald as Town Counsel.
In February, the Select Board voted to retain Brackett & Lucas as Special Town Counsel to negotiate Shaffer’s employment contract as incoming Town Manager.
Shaffer has engaged Brackett to provide opinions to the Town on other recent matters. On the question of whether long-time ZBA member Zina Tillona could complete work on the open case of Scott Nielsen’s South East Street condominium development after her resignation, in keeping with that Board’s tradition, Brackett’s opinion that she could not contrasted with the opinion offered by Seewald. Brackett has since represented the Town in land cases begun before Tillona’s ZBA resignation. He has also given his opinion on whether or not it was illegal for Anne Awad and Hubley to serve together on the Select Board after their marriage. In that matter, he and Seewald concurred that it was not illegal.
Seewald has been doing legal work for Amherst for more than 20 years, beginning as a clerk while still in law school at Western New England College. He became Assistant Town Counsel in 1988 and Town Counsel in 1999. Earlier this year he was profiled in Business West.
Updated: 11/22/06 3:40 p.m.:
On Wednesday, Shaffer declined to cite a specific reason or reasons for requesting Seewald’s resignation.
“Suffice it to say, I had concerns about performance,” he said.
When asked why this happened now and suddenly, Shaffer said only that it was time to move in a different direction.
He also issued the following press release Wednesday afternoon:
Contact: Laurence Shaffer, Town Manager 413-259-3002
Resignation of Town Counsel, Town of Amherst
Effective November 20, 2006, Alan Seewald has resigned from the position of Town Counsel for the Town of Amherst. Attorney Seewald has been Town Counsel for the Town for the last eighteen years. Laurence Shaffer, Amherst Town Manager, has appointed Gary S. Brackett to the position as Interim Town Counsel to serve until such time a permanent Town Counsel is selected.
The process of a selection of a new permanent Town Counsel will involve the solicitation of proposals of qualified legal entities. All submitted proposals shall be reviewed by a group of key Town officials to include the Town Manager, Town Planner, Director of Planning and Conservation, chairs of the various regulatory boards and a Select Board member. It is hoped that a permanent Town Counsel will be appointed sometime during the first three months of 2007.
Laurence Shaffer said, “I appreciate Attorney Seewald’s service to the Town. I believe it is in the best interest of the Town to accept Attorney Seewald’s resignation and to proceed forward with a search process for a new Town attorney.”
Attorney Gary Brackett of the firm Brackett and Lucas, Worcester, Massachusetts, has served for eight years as the full time City Solicitor for the City of Worcester. He has also served as full time Town Counsel for the Town of Watertown for more than ten years. Attorney Brackett specializes in municipal and administrative law and serves as Town Counsel to 12 other municipalities.
-- Stephanie O'Keeffe
Comments
Alan is but the fall guy.
It's the Select board that needs serious readjustment.
Posted by: Larry Kelley | November 21, 2006 04:05 PM
So now that we have a BIG City attorney, does that mean the hourly rate goes up?
Posted by: Larry Kelley | November 21, 2006 05:51 PM
In a situation in which everyone is being tight-lipped, little things mean a lot, perhaps unfairly.
The Town Manager is entitled to have the lawyer he wants as town counsel. I have no problem with that. What I do have a problem with is a remark like "suffice it to say, I had concerns about performance." That is a remark that has the potential to do some damage to Mr. Seewald's professional reputation. Mr. Seewald has been serving the town for a long time. Mr. Shaffer should know that it is unlikely that Mr. Seewald will be in a position, acting as a professional, to clear up in the public record the implicit aspersion to his good name as a lawyer.
It seems to me that our Town Manager ought to be able to do these partings gracefully. That did not happen here.
Posted by: Richard Morse | November 24, 2006 10:36 AM
In a nutshell, Rich:
RIGHT ON.
Posted by: Eva Schiffer | November 28, 2006 02:51 PM