Assistant Town Manager resigns over criticism of town counsel

INDEPENDENT FILE PHOTO Malachy Rice

In a recent three-page letter highly critical of the performance of town counsel Paul DeRensis, assistant town manager Malachy Rice resigned from his post listing Nov. 27 as his last day.

Rice's Sept. 9 letter was requested from town manager Libby Gibson by The Nantucket Independent last week under the Freedom of Information Act. It was obtained yesterday morning after Erika Mooney, assistant to the town manager, filed the resignation with the Town Clerk's office. That filing made the letter a public document.

"The overly political nature of Town Counsel not only undermines the efforts at having professionally managed operations, it also results in poor advice that has adverse implications for the Town, its operations and its citizens," wrote Rice. "In my almost two-year tenure with the Town I have witnessed the Town receive conflicting and substandard legal advice that rather than solve problems, creates problems.

"The struggle to control legal services spending, improve the quality of legal advice provided to the Town and resolve the situation with Town Counsel has led to a personal dilemma. As a matter of principle, I cannot remain silent about the Town's exorbitant legal costs and the substandard quality of the legal advice we are receiving. …Town Counsel has effectively created a dynamic where he dictates what legal services are purchased by the Town. …

"I firmly believe that Town Counsel's overly political nature is having a profoundly negative effect on the government of Nantucket. In good conscience I cannot violate my principle of good government or my sense of professionalism. I have determined that my only recourse to maintain my professional standards and my personal principle is to resign my position. …I am willing to sacrifice personal security in the interest of the public good."

While Gibson said she would not comment on Rice's letter until she discussed the matter with the Board of Selectmen, she did say that Rice submitted his letter on September 9.

Gibson did not tell her Board about the letter until sometime "early" last week.

"I held it because I did not want it to affect Special Town Meeting, plus I knew it would be a couple of months until his [Rice} last day," said Gibson.

Rice, who is supportive of Gibson's efforts to improve town government operations and calls her "the glue that holds this place together," cites a few examples in his letter of his opposition to DeRensis' positions on municipal matters, including an incident that occurred this June. The Abrahams Group, consultants for the town and charged with recommending methods to revise the functions and required reporting schedules of the Finance Department, submitted a draft report outlining its suggestions.

Selectman chair Michael Kopko requested a copy of that draft but said Rice told him it was not ready for distribution. Kopko said when he asked DeRensis about the selectmen's legal authority to view such a document he was told it was permissible. Rice continued to deny access to the report, as did Gibson. Kopko said he has yet to read the recommendations.

In his letter, Rice stated that "Town Counsel was willing to provide advice that misrepresented the Town Charter in order to support the position of one member of the Board of Selectmen."

In an interview yesterday, Rice, who redacted names on documents he holds as evidence to back his allegations, explained that DeRensis provided the aforementioned advice based on a portion of the charter, but with some of its wording omitted. That omission altered the charter's actual meaning, said Rice, adding that the portion cited does not make exceptions for receipt of documents when the request for them is made by just a single board member as opposed to through a full board request.

"This is when I lost all confidence in town counsel," said Rice.

Kopko, who takes issue with Rice's accusations, said he anticipates that in the near future the board will initiate a policy allowing it access to documents pertaining to town business.

"I don't agree with the premises in [his] letter because I don't think they are true," Kopko said yesterday, adding that, for the most part, he believes DeRensis has been objective and offered sound advice.

"I think Malachy's criticisms in his resignation letter are fallacious, and I think he has his own agenda."

DeRensis, who has served as Nantucket's town counsel for 23 years, said that he sent a reply to the Board of Selectmen yesterday afternoon addressing Rice's letter.

"I am committed to serving the best interests of the town and want to stay out of town politics," said DeRensis, late yesterday afternoon. "We're under deadlines to complete the Sherburne Commons deal and there are a whole range of projects.

"Our intent and focus, as it is today and as it has been in the past, is to serve the best interests of the town."

Rice stresses that his complaints have nothing to do with the Board of Selectmen or any individual member, saying that sometimes the only way entrenched situations can be changed is through dramatic action.

"My actions are meant to bring attention to a serious issue that a part-time contractor for the town of Nantucket is causing," said Rice. "A perception has been created that town counsel is more than a part-time contractor. He has equated himself to being a check and balance to the town manager. My only motivation is good government, and it is a principle I feel so strongly about that I have resigned to bring attention to this issue.

"I have a luxury because I don't have a family or a house on Nantucket, so it is a little easier for me to stand up. Something has to change," Rice continued. "To imply that I have a personal agenda…I do not benefit from this. What I am saying is that this town needs a new town counsel, period. What is in the letter is what a lot of people think but are afraid to say."

Selectman Brian Chadwick holds a view on Rice's criticisms that is the opposite of Kopko's opinion.

"I concur with Malachy's feelings specific to town counsel. Malachy will be a great loss to the island," Chadwick said yesterday. "I concur with many of his thoughts. He is truly a man of principle and stands by the premise of good government." I