Amherst asks town counsel Seewald to leave job

By Mary Carey
Staff Writer

Published on November 24, 2006

AMHERST - The town's legal counsel for the last 18 years has resigned at the request of the town manager.

Laurence Shaffer, who started the job in July, said he has had concerns about Alan Seewald's performance.

"We had a conversation about whether or not it made sense for him to continue on as town counsel," Shaffer said.

The town manager, however, said he didn't want to spell out the particulars.

"I think it's best left that I want to acknowledge and appreciate attorney Seewald for his past service to the town, but in my opinion the town's best interest was to move forward."

In a one-sentence letter to Shaffer filed with the town clerk on Monday, Seewald wrote only, "As per your request please accept this letter as my resignation from the position of town counsel for the Town of Amherst."

He declined further comment.

Shaffer said the interim town counsel would be Gary S. Brackett of Worcester.

The town spent $160,000 on legal services last year, but the cost wasn't a factor in the decision to let Seewald go, Shaffer said.

The town manager has the authority to hire and discharge the town counsel. The Select Board had nothing to do with the decision, Shaffer said.

Shaffer said he would convene a group of key town staff, the chairs of various regulatory boards and a Select Board member, to investigate whether it makes sense to hire someone as the town attorney or to issue a request for proposals from private firms to succeed Seewald.

In Vernon, Conn., where Shaffer was town administrator before succeeding Barry Del Castilho in Amherst, an outside counsel was hired, as has been the case in Amherst. In Keene, N.H., and Oneonta, N.Y., other towns where Shaffer has worked, there was an in-house counsel.

Shaffer said he anticipates taking action within the first three months of next year.

The Select Board and Shaffer have consulted Brackett, the Worcester attorney, on several matters in recent months. It was on Seewald's recommendation that the board initially consulted Brackett during the town manager hiring process earlier this year.

In August, Select Board member Robie Hubley said he was surprised to see that Brackett - not Seewald - would be representing the town at a hearing connected with a land-use case at Eastern Hampshire District Court.

Shaffer explained at the time that Brackett would be handling cases involving the Zoning Board of Appeals, as it was configured before the resignation of a longtime member.

Select Board members had called Brackett in because they were seeking a second opinion on whether ZBA member Zina Tillona could hear ongoing cases after turning in her resignation, as has been her panel's custom.

Shaffer said keeping Brackett on for cases involving the ZBA when Tillona was aboard was a "business decision."

But Shutesbury land use lawyer Michael Pill questioned the decision at the time, saying, "I don't think the Select Board appreciates what kind of a first-rate land-use lawyer they have in Alan."

Town Meeting member Larry Kelley, who has been involved in several legal disputes with the town, wrote in an email to the Gazette that he wasn't surprised that Seewald would no longer be representing the town.

"I regret and question in equal measure his ouster. Having gone head-to-head with Mr. Seewald on a number of political endeavors, most recently the use of the Amherst town seal in a pro-mayor council postcard advertisement two years ago, I have always respected his integrity, intelligence, and professionalism," Kelley wrote.