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DCC Executive Session Minutes 2003-11-12

An Executive Session of the County of Dukes County Commissioners was held Wednesday,
November 12, 2003 at 8:31 p.m. in the County Administration Building, notice of such meeting having been posted as required by law.

Commissioners Present: Leonard Jason, Jr.; Robert Sawyer, Co-Chair; Paul Strauss; Roger Wey; Leslie Leland; Nelson Smith.       
Also Present:  E. Winn Davis, County Manager; Erin Leighton, Acting Executive Assistant and Dianne Powers, Register
The Commissioners discussed their strategy of pending litigation with Ms. Marsha Smolev.  

County Manager Davis stated that he has sought legal counsel with Richard Bowen, Esq. of Kopelman & Paige. Attorney Bowen reviewed all material involved in the case of Smolev v. the County in addition to the matter of Smolev v. Borer. Mr. Bowen has concluded Ms. Smolev’s claim, as currently presented, not appropriate for litigation under M.G.L. Chapter 248. The county commissioners, as a commission are exempt under M.G.L. Chapter 258; her claims should properly be taken up under Workmen’s Comp.  Attorney Bowen advised Mr. Davis that the County should do nothing until the end of six months and then to deny Ms. Smolev’s claim and the reasons why will be addressed in the letter five and one half months from now; to do it prior to that date is to educate her attorney giving him time to revise his claim. Mr. Davis expressed the importance of executive session at this time.  Attorney Bowen also noted the advice that was given was for the county as an entity and not for individual commissioners. M.G.L. Chapter 151B, Sexual Harassment, has been expanded to 300 days today is the 316 day of the year, therefore, beyond the deadline.  Mr. Davis suggested that the county does nothing and to respond at the appropriate end of the six months.  Commissioner Smith wanted to take the advice of counsel and County Manager Davis.  

Roll call vote to come out of Executive Session: Commissioner Sawyer – aye; Commissioner Wey – aye; Commissioner Jason – aye; Commissioner Strauss – aye; Commissioner Smith – aye; Commissioner Strauss – aye; Commissioner Leland – aye.

The Commissioners Adjourned at 8:40 PM.


The County of Dukes County PO Box 190, Edgartown, MA 02539
Phone: 508.696.3840    Fax: 508.696.3841
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