Professional Documents
Culture Documents
08-04641-B
------------------------------------------x JOHNSON GOLF MANAGEMENT, INC., Plaintiff vs TOWN OF DUXBURY, and NORTH HILL ADVISORY COMMITTEE, Consisting of MICHAEL DOOLIN, CHAIRMAN, SCOTT WHITCOMB, ROBERT M. MUSTARD, JR., MICHAEL MARLBOROUGH, ANTHONY FLOREANO, MICHAEL T. RUFO, THOMAS K. GARRITY, Richard Manning, W. JAMES FORD, and GORDON CUSHING (EX OFFICIO) and CALM GOLF, INC., and CHARLES LANZETTA, Defendants ------------------------------------------x DEPOSITION OF SHAWN DAHLEN, taken on behalf of the Plaintiff, pursuant to the applicable provisions of the Massachusetts Rules of Civil Procedure, before James A. Lyons, CSR No. 117993, a Registered Diplomate Reporter, Certified Realtime Reporter and Notary Public in and for the Commonwealth of Massachusetts, at the offices of Follansbee & McLeod, LLP, 536 Granite Street, 3rd Floor, Braintree, Massachusetts, on Monday, July 9, 2012, commencing at 2:02 p.m. --------------------------------------BRAMANTI & LYONS COURT REPORTING, INC. REGISTERED PROFESSIONAL REPORTERS 92 STATE STREET, BOSTON, MA 02109 TEL: 617.723.7321 / FAX: 617.723.7322 www.bramanti-lyons.com
Page 1 - 1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
APPEAR A N C ES:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
N o. 13 N o. 11 N o. 12 E x h ib it s N o. 10
A r t h u r P . K r e ig e r , E s q . A n d e r s o n & K r e ig e r , L L P O n e C a n a l S t r e e t , S u it e 2 0 0 C a m b r id g e , M a s s a c h u s e t t s 0 2 1 4 1 S p e c ia l C o u n s e l fo r t h e T o w n o f D u x b u r y
ALSO
PRESEN T:
D o u g la s J o h n s o n Ja s o n L a ra m e e ( F o r J o h n s o n G o lf M a n a g e m e n t , I n c . )
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
N o. 5 N o. 6 N o. 4 E x h ib it s N o. 1 N o. 2 N o. 3
I N D D e p o s it io n o f : SH AW N D AH LEN
E X
1 2 3
6
S T IP U L A T IO N S I t w a s s t ip u la t e d a n d a g r e e d b y a n d b e t w e e n c o u n s e l fo r t h e r e s p e c t iv e p a r t ie s t h a t t h e w it n e s s w ill r e a d a n d s ig n t h e d e p o s it io n u n d e r t h e p e n a lt ie s o f p e r j u r y w it h in 3 0 d a y s o f r e c e ip t o f t h e t r a n s c r ip t . I t w a s f u r t h e r s t ip u la t e d a n d a g r e e d t h a t a ll o b j e c t io n s , e x c e p t a s t o t h e f o r m o f th e
E x a m in a t io n b y M r . F o lla n s b e e
4 5 6
7 8 9 10 11 12 13
42
q u e s t io n , in c lu d in g m o t io n s t o s t r ik e , s h a ll b e r e s e r v e d u n t il t h e t im e o f t r ia l. I t w a s f u r t h e r s t ip u la t e d a n d a g r e e d t h a t S H A W N D A H L E N a p p e a r s b e fo r e u s t o d a y fo r h is d e p o s it io n . T h is w it n e s s d o e s n o t , a t p r e s e n t ,
14 15
43 62
h a v e a d e q u a t e d o c u m e n t a t io n a t t e s t in g t o h is id e n t it y t h a t s a t is f ie s t h e s t a n d a r d s r e q u ir e d b y t h e C o m m o n w e a lt h o f M a s s a c h u s e t t s f o r N o t a r ie s P u b lic in a d m in is t e r in g o a t h s . T h e p a r t ie s in t h is a c t io n t h e r e f o r e s t ip u la t e a n d a g r e e t o h o ld h a r m le s s t h is N o t a r y P u b lic if t h is w it n e s s is la t e r d is c o v e r e d t o h a v e f a ls if ie d h is id e n t it y .
16 17 18
N o. 7 N o. 8 N o. 9
72 77 78
19 20 21 22 23 24
Page 2 - 5
6
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
EXAMINATION BY MR. FOLLANSBEE: SHAWN DAHLEN, a witness called on behalf of the Plaintiff, first having been duly sworn, on oath deposes and says as follows:
8
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q. A. Q. A. Q.
And did you receive a degree from Wentworth? Yes. What year was that in? 1971 and 1975 -- sorry, 1973 and 1975. And what year did you graduate from Duxbury High School?
Q. And what is your business? A. I'm a builder and a landscaper. Q. And what elective office, if any, do you hold in
the Town of Duxbury?
Q. And how long have you had that position? A. Since the end of March 2010. Q. And when you were or before you were elected to
the Board of Selectmen, did you have any other positions in town government in Duxbury?
A. Yes. Q. And what are those? A. I am on the local housing partnership, local
housing trust, school building committee, public safety building committee.
A. Yes. Q. And could you tell us what they were? A. I was on the conservation, on the Board of
DEPOSITION OF SHAWN DAHLEN 7
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Health. I was on 20 different boards and committees. Do you need them all?
A. Q. A. Q.
No. When did you first become aware of it? I don't recall. When you were elected to the Board of Selectmen in March of 2010, were you aware of the existence of the lawsuit, at that point?
A. Q. A. Q.
I can't recall, at the moment. Were you ever on the ZBA? No. How long have you been involved in town government, either through elected positions or appointed positions in the Town of Duxbury?
A. Q. A. Q. A. Q.
At least, 30 years. And were you born in Duxbury? No. How long have you lived in Duxbury? Approximately, 50 years. You must have been pretty close to being born there. Where did you attend school, starting with high school?
A. Q. A. Q.
Correct. -- is that correct? Correct. And did you discuss with anyone prior to being sworn in as a selectman the fact that you would run or propose to become the chairperson of the Board of Selectmen?
A. Not that I recall. Q. How did it come about that you were elected
DEPOSITION OF SHAWN DAHLEN
Page 6 - 9
10
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
chairperson initially?
12
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
at the time, and that it involved the town being sued with regards to conspiracy or bid rigging or something to that effect.
A. I was nominated by Betsy Sullivan. Q. And had that been discussed with you prior to
the nomination?
A. Q. A. Q.
By whom? By Betsy Sullivan. No. Had it been discussed with you by anybody else, other than Betsy Sullivan?
A. Not that I recall. Q. Did you discuss with anyone why Mr. Donato would
not be a suitable candidate for the chairperson job?
A. I was aware of that. Q. And did you familiarize yourself with the court
order itself?
Q. And when did that take place? A. I don't remember the date. Q. Was it the spring of 2010, fairly early in your
role as selectman?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
In the spring of 2010, when you first became a member of the Board of Selectmen, did you review any documentation regarding the litigation, Johnson Golf Management versus the Town of Duxbury?
A. Q. A. Q. A.
I would assume he did. And you don't have any memory of that? Not specifically. Do you have any nonspecific memory of it? My understanding is that he was operating the course under court order. That's my general memory. Who told me, how I knew it and what date, I couldn't remember that.
Page 10 - 13
14
16
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Duxbury?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
15
All Board of Selectmen members have a file slot; and on Friday of every week, we have all pertinent information that the board needs to review over the weekend for an up-and-coming Monday meeting, and any information including the agenda is included in that packet. MR. FOLLANSBEE: I would ask that this be marked as the first exhibit. (Exhibit No. 1, For Identification, marked.) (Document handed to the witness.)
A. A. A.
Yes. Through town counsel. I don't remember the specifics. about security?
Q. And how did you become aware of that? Q. And what did he tell you about that? Q. Do you remember anything about what he told you A.
I believe, we did not have any and that it was part of the contract and that he was working on getting that.
A.
A.
I would be guessing. signature page, which they did not number. It's about halfway through.
A.
A.
I see it.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
2010?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
DEPOSITION OF SHAWN DAHLEN
21, 1998. And there are signatures of various officials from the Town of Duxbury as well as the President and Treasurer of Johnson Golf Management. Now, did you know Mr. Longo, who is purported to have signed this as the town manager?
A.
Say that again. by the Board of Selectmen over the fact that there was no security for the contract in 2010?
A.
Not that I can recall. existence between Johnson Golf Management and the Town of Duxbury that ran from 1999 until 2008?
A. A. A.
I knew he was the town manager. Describe personally. Yes. dealings with other town officials?
Q. And did you know him, personally? Q. Well, had you ever met him? Q. And had you ever dealt with him as part of your A.
Yes. contract with Mr. Longo?
A. A.
Yes. I believe, it was in preparation of a public hearing that we had at the Board of Selectmen.
Q. Now, did you know Mr. Andre Martechinni? Q. And other than knowing him as an official of the
A.
Yes.
Page 14 - 17
18
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
20
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Club? folks. In addition to the relationship that you had with Mrs. Sullivan as co-members of the Board of Selectmen, did you have any personal relationship with her of a social nature?
A. Q. A. Q. A. Q. A. Q.
Yes. What other relationship do you have with him? He is a sailing buddy. So is it that you sail on the same boat together? Correct. Who owns the boat? I do. So he has the benefit of having a friend with a boat. Is that what you're saying?
A. Q. A. Q.
No. Are you a member of the Duxbury Yacht Club? Yes. And how long have you been a member of the Duxbury Yacht Club?
A. That would be correct. Q. So that works much to his advantage and your
disadvantage, as you understand it?
A. No. I think it's a mutual advantage. Q. So you would characterize Mr. Martechinni as a
friend as well as a colleague in town government?
A. Q. A. Q.
Yes. Do you see her socially there? Once or twice a year. And what would be the one or two times a year that you would see her there? Anything specific?
A. That is correct. Q. And did you know John Tulley (phonetic) who was
a member of the Board of Selectmen, at that time?
A. No, nothing specific. Q. And does she also -MR. FOLLANSBEE: Strike that.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Q. A. Q.
No. Where do you keep your boat? Marion. And do you play golf at the Duxbury Yacht Club Golf Course?
Q. And that was in 2010; correct? A. Correct. Q. Other than the issue of having no security,
were there any other issues that were of concern to you regarding the Johnson Golf Management contract? MR. KREIGER: Objection. Unless I tell you not to, you can answer.
A. At what point in time? Q. At the time before you started having hearings
in the fall of 2010.
A. Q. A. Q.
Yes. And is he a social friend of yours? No. How often would you see him at the Duxbury Yacht
Page 18 - 21
22
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Club?
24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
town manager?
Q. Yes.
Anything to do with the contract between Johnson Golf Management and the Town of Duxbury, what's been marked as Exhibit No. 1, did you have any discussions with Richard MacDonald regarding that contract?
A. Q. A. Q. A. Q.
I assume so, in preparation for the meeting. And you have no memory of that? No. Do you have a memory of the meeting itself? Somewhat. And do you remember one of the issues was whether or not Johnson had been making timely payments?
A. Do you want to describe "together"? Q. I think it's fairly descriptive. What do you
not understand about working together?
A. I don't remember what the conclusion was. Q. Do you remember a discussion regarding whether
or not the payments were made in advance or in arrears?
A. Q. A. Q.
I remember the discussion. And do you remember what the contract says? I don't remember. Was that an issue that you were concerned about?
Q. I see.
And is that his principal occupation, landscaping?
A. To the best of my knowledge. Q. And the name of his company is Eagle's Nest
Landscaping, to my understanding; is that correct?
Page 22 - 25
26
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
28
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
security in place?
A. Did I make a determination? Q. Yes. A. I don't recall the specifics. I know we had a
hearing, but I don't recall how we got there.
A. I don't remember any specific attempts. Q. Did you ask anybody on staff or in town hall to
get you copies of the audited financials that were of concern to you?
A. No.
For an example, if we have an event, an all alcoholic license, an awards ceremony, that is not being put on the agenda by the chairperson of the Board of Selectmen. It's being put on the agenda by staff.
Q. I see.
And who were the staff people in the fall of 2010 for the Board of Selectmen?
A. I don't, specifically, recall receiving this. Q. Do you recall any written submission by
Mr. Johnson to the Board of Selectmen at the hearing that took place on October 4, 2010?
Q. A. Q. A. Q. A.
Ann? Ann. You don't know her last name? Give me a second. You're embarrassing me. I'll help you. Is it Murray? You got it. MR. FOLLANSBEE: Off the record. (Discussion off the record.)
A. I don't have any specific memory. Q. Well, directing your attention to page 3 -- and
there is a list -- on page 3, there is items 1 through 8?
Page 26 - 29
30
32
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
31
that my concern would be that monies collected in advance of services would be in jeopardy unless there was a performance bond in place.
A.
A.
A.
If you have a copy of the board's decision, that might refresh my memory.
A.
A.
A.
Go ahead.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Selectmen member by both the town manager and Robert Troy that the building had, or the pipes had frozen on more than one occasion under the management of Johnson Golf; and that the last time that the pipes froze, that the damage resulting to the structure was greater than the value of the structure. And there was a determination by mutual agreement to remove the building. And then there was some sort of trade with Mr. Johnson, which I can't remember the details, in lieu of that.
A. A.
Okay.
A.
A. A.
A. A.
A.
I would speculate that my concern would be that, if a bond is required for performance,
A.
I'm not sure if I saw the contract. I saw the copy of the contract during a review of that,
Page 30 - 33
34
36
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
when we had that hearing. I'm not sure if I ever read the contract prior to that date.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A.
I guess, I wasn't worried about the representations that were being made to me by my own attorney.
Q.
But if the contract says all changes have to be in writing, would that be something that you would be familiar with, in your own experience?
A.
I guess my answer to that is, in a situation where both attorneys and both sides aren't in agreement, it's not uncommon to have one party accusing another party of something that will ultimately be decided in a court of law.
A. Q. A. Q.
Uh-huh. That's a yes or a no? Yes, sorry. And at least, as you sit here today, you have no memory as to whether anybody ever represented to you that there was a written change order to the contract regarding the residential building; correct?
A.
Yes.
A. Q.
I don't recall getting anything in writing. And the representation to you by Mr. MacDonald and Mr. Troy regarding the frozen pipes, when did that take place?
A.
A.
I hate to assume, but I'm assuming that it is in conjunction with the general discussion of the hearing that we had.
Q. A.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q.
Do you have any memory that, at that hearing, somebody said to you, "We made a deal on that," or was that a conversation that took place at some other time?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. A. A.
Okay.
A.
My guess is, if it's not in the transcript, I would presume that it took place at another point in time.
Q.
Was that in response to your question to them -meaning Troy and MacDonald -- regarding the destruction of this residence that's mentioned in the first paragraph of Mr. Johnson's letter of October 4th, Exhibit 2?
A.
I was divorced.
A.
No.
A. Q.
I don't know if that specific paragraph prompted their response to me. Well, in Mr. Johnson's letter to you, on page 1 at the bottom, he indicates that Attorney Troy has provided the court with erroneous information verbally and in writing on a number of occasions. Was that a concern to you when you read it, at the time?
A. A.
Yes.
Q. And was it a concern of yours -Well, first of all, had you been advised that CALM Golf, at the time that they bid in January of 2009, were reporting that they only
A. Q.
No. If your attorney was making misrepresentations, you wouldn't be concerned about that?
Page 34 - 37
38
40
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
39
A. Q.
Do you want to repeat that question? Yes. Had it been made known to you that, when CALM Golf bid in January of 2009, their bid document reported that they only had $169 in total assets? MR. KREIGER: Objection. Go ahead.
A.
A.
Correct.
A. Q. A. Q.
I have heard something to that effect, at some point in time. Do you know from whom you heard that? Not for a certainty. Having heard it, being in the business field yourself, did that raise concerns to you about CALM's ability to manage an asset like the North Hill Country Club?
A.
A.
My assumption is that oftentimes corporations are formed for new ventures, and that it's really the financial backing of the individuals that counts.
A.
My assumption is that the town manager would take the next legal step from that point.
Q. And when you say the town manager was going -A.
I'm sorry, my mistake, that town counsel was going to take the next legal step after that point.
Q. A.
And how did you come to that assumption? I see it on a day-to-day basis or on a regular basis in all sorts of private ventures.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q. A. Q. Q. A. Q.
Did you discuss your assumption with anybody else in town government, first of all? I don't recall, specifically. Do you recall -MR. FOLLANSBEE: Strike that. Did you ever discuss with Mr. MacDonald his decision to award a contract to CALM Golf? Not that I can recall. So did you ever say to Richard, "You know, I'm a little worried about CALM only has $169 in total assets. Are the principals going to sign something guaranteeing anything?" Did you ever have that discussion with him?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A.
That is correct.
A.
A.
A. Q. A. Q. Q.
I wouldn't have that kind of discussion with him. Well, would you have that discussion with anybody? In advance of that happening, no. And was it your understanding -MR. FOLLANSBEE: Strike that. At or about the time that you voted to find Johnson in default of its contract, what was your understanding about what the next step in
A.
My assumption or my reading of the Town Manager Act is that the town manager supervises the day-to-day activities of town counsel. He keeps us informed as to pending litigation. And the Board of Selectmen doesn't approve or disapprove on a day-to-day basis of what his actions are on an ongoing case.
Page 38 - 41
42
44
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
talking about a new case which would be an eviction proceeding in Plymouth District Court in the fall of 2010.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Would you take a few minutes to look at that and tell me what is there in this document that supersedes the by-laws, which were Exhibit No. 4, regarding the use of town counsel? MR. KREIGER: Objection.
A.
From my humble nonlegal, it's all one case. In other words, it's all about the same matter; so from my perspective, it's you make a move, town makes a move and so on and so on. MR. FOLLANSBEE: Could I have that marked as the next exhibit? (Exhibit No. 4, For Identification, marked.) (Document handed to the witness.)
A.
On number 15, "The town manager shall oversee the activities of town counsel under the direction of the Board of Selectmen."
A.
A.
I think I said that from, at least my eyes, as a selectman, a pending legal case between the town and another party, once the Board of Selectmen is aware of and approves of that case proceeding, it doesn't deal with it on a day-to-day basis.
A.
Okay.
A. A.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
your testimony that it would require the Board of Selectmen to take an affirmative step to say town counsel should be engaged to handle this case?
A.
A.
My reading of it or the practice of it is that the Board of Selectmen are aware, but the day-to-day utilization of town counsel is being managed by the town manager. Example, I'm elaborating, but example, somebody needs a --
A.
A.
A.
Correct. MR. FOLLANSBEE: Let's mark that as the next exhibit then. (Exhibit No. 5, For Identification, marked.) (Document handed to the witness.)
A. A.
Page 42 - 45
46
48
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
47
A.
A.
No.
A.
Not to my knowledge.
A.
I'm just saying that, to my knowledge, the Board of Selectmen didn't have a vote on submitting this to an insurance company.
A.
Not specifically.
A.
Not specifically.
A.
Correct.
A.
I would assume that that was told to me, at some point in time. I just don't remember when. I'll elaborate. The day-to-day operation of the community of Duxbury is run by the town manager. It is not run by the Board of Selectmen. We are the policymakers of the town. We don't hire, fire, award contracts, sign
A. A.
Yes.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A.
A.
A.
If I had to reach in on my memory, my assumption was that the town was attempting to rebid the project with a proposal; and that whoever was the appropriate party on the rebid, that they would manage the course.
A.
A.
A.
A.
Correct.
A.
I would say that the Board of Selectmen does not sign every single contract.
Page 46 - 49
50
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
so maybe you can help me out. Who makes the determination as to which contracts the Board of Selectmen does sign and which ones it doesn't sign?
52
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
bidding process. Living in the private sector, as I do, and being in business for 42 years, the decision of my clients is based upon performance and based upon what they think is in their best interests. And I think that a municipality, in this particular case, gets stuck in legal wranglings over details that the rest of us in the private industry don't have to go through.
A.
The Board of Selectmen are told by either town counsel or the town manager what the board, specifically, needs to sign as a board versus what Richard signs as town manager.
A.
Yes.
Q. And who was at that meeting? A. It was myself, town counsel, town manager,
Gordon Cushing. I don't think there was anybody else, but there could have been.
A.
I was attending the meeting as chair of the Board of Selectmen to answer questions and address the IG on anything that he might like to ask me.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. No. Q. Other than this one time, have you ever been to
the Office of the Inspector General?
A.
Q. Now, in general, what had you heard? A. I heard there was what I'll classify as whining
over tee times and other mundane things.
Q. Do you have a good memory as to what transpired A. You'll tell me later on. Q. What do you remember about the meeting? A. We went to the meeting to explain the situation
that the town was in regarding Johnson Golf, the 30B bidding process and to solicit their opinion as to the proper way to proceed from this date.
A. I wouldn't -- I don't know the answer to that. Q. Well, did you speak at the meeting? A. I believe so. Q. And what input did you have in the meeting?
What did you have to say at the meeting?
A.
I think I probably voiced my frustration to the Inspector General with regard to the 30B
Page 50 - 53
54
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
because some people were whining about their tee times?
56
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
example, an RFP, how it differs from -What's the other word?
A.
In the private sector, we all can do whatever we want to do whenever we want to do it.
Q. IFB? A. IFB.
How substantially different that was. And until we spoke to the Inspector General, we didn't realize that an IFP (phonetic) -Is that the right word.
A.
By 30B, correct. were frustrated with 30B. What was the source of your frustration?
A.
I think my frustration is that 30B sets up municipalities for potential litigation because of the way the act is, the requirement of the act.
A. No.
MR. KREIGER: Objection to that. MR. FOLLANSBEE: You object to that? MR. KREIGER: Yes. You've got my objection, yes. Go ahead.
A.
The fact that there is a specific set of procedures of which, from time to time, there is debate over whether those procedures are -what those procedures are, whether they've been
Q. And how did you come by that understanding? A. By the fact that that's the process we're using
DEPOSITION OF SHAWN DAHLEN 57
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
now.
A. Uh-huh.
MR. KESTEN: He has to answer. MR. FOLLANSBEE: Oh, yes.
Q. That's a yes or no? A. Yes, sorry. Q. You indicated that, at the meeting with the
Inspector General, you voiced your frustration with the 30B process. Did you have anything else to say at the meeting?
A.
Page 54 - 57
58
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
60
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q. And when you told him that you thought that the
town had conducted itself in a proper manner, what were you relying on for your conclusion that the town had behaved in a proper manner?
A. No. We had no discussions regarding that. Q. Have you discussed that issue -- the rejection
of the bids in December of '08 -- have you discussed that with Mr. MacDonald or Mr. Troy, Mr. Cushing?
A. Q. A. Q.
You will have to ask Mr. MacDonald. I did. Then why are you asking me? Because you indicated that everything was done in a proper manner. I'm simply asking, what was proper about that?
A. Q. A. Q.
I don't have any specific recall to that. Do you have a general recall on that? Do you want to give me the list of names again? Yes. Cushing, MacDonald or Troy. And the question was, did any of them tell you that the Inspector General had told them to reject all of the bids in the December time frame of 2008?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
been the one that I talked to about it; and the specifics about what was said or wasn't said, I don't recall.
Q. So you have no memory -Well, did Bob Troy ever tell you why the bids were rejected?
Q. And who told you that? A. I'll make an assumption that it was Bob Troy. Q. Now, when you met with the Inspector General,
you indicated a few minutes ago, are you suggesting that it was the Inspector General's suggestion that you do an IFB instead of an RFP?
A. Yes.
DEPOSITION OF SHAWN DAHLEN
Page 58 - 61
62
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
64
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q. Why is that? A. I don't recall that as being an option. Q. What did you think your options were in December
of 2010?
A. Summary judgment of what? Q. Well, had you been advised that the town was
trying to have the case thrown out of court in the fall of 2010?
A. The North Hill contract existed as it did on -Let me rephrase that. My understanding of this, basically, means that the case cannot be thrown out of court and that it will continue to move on to a trial date, that that's all it means as part of what appears to me in a legal system as 400 moves to get to the endpoint.
A. Was there ever a possibility? I don't know. Q. Had it ever been brought up? Had the selectmen
ever brought that topic up with town counsel or with Mr. MacDonald?
A. I was unaware that that was an option. Q. Had you ever been advised that the Johnson Golf
side of the litigation had proposed various settlements?
A. What was the date again? Q. It's on the back page. It should be dated
November 24, 2010.
A. Not until a subsequent point in time. Q. When did you find out that Johnson Golf had
proposed various settlements?
A. I'm sure I have. Q. And when you did receive a copy of it, did you
familiarize yourself with it and read it?
A. Q. A. Q. A.
More recently. More recently, like, 2012? It could have been '11 or '12. How did you find that out? I don't recall, specifically. MR. KESTEN: I advise you not to answer if it implicates executive session with me or Mr. Kreiger or both. MR. FOLLANSBEE: That's a good point. MR. KESTEN: Thank you, agreed. It was a great point. I think it's a great point. MR. FOLLANSBEE: It was a great point. Let's just get it over with.
A. No.
DEPOSITION OF SHAWN DAHLEN
Page 62 - 65
66
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
case by virtue of a settlement?
68
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. I don't have any specific memory of that. Q. There was at least some discussion, as I recall,
from looking at the minutes of the Board of Selectmen, where one of your colleagues, Mr. Donato, was certainly taking the minority view about what was going on with this litigation. Is that a fair statement? MR. KREIGER: Objection.
A. I'm aware of that statement. Q. And at the meeting, the selectmen's hearing in
October of 2010, do you recall the issue of this consultant being addressed?
A. I don't remember the specific words. Q. If we look at the exhibit, Exhibit No. 3. A. Which one?
MR. KREIGER: It's Exhibit 3.
A. The two disagree. Q. Did you ever consider the point of view being
expressed by Mr. Donato may be more correct than the point of view being expressed by
Q. A. Q. A. Q.
Right. It's Exhibit No. 3. Okay. And if you go to pages 64 and 65. Okay. Just read the underlined portions to yourself, and then I'll have a few questions about it.
A. Okay.
DEPOSITION OF SHAWN DAHLEN 69
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. I was putting my trust in my town counsel. Q. Now, I'm sure you -- well, I shouldn't say "I'm
sure" -- do you recall at the selectmen's hearing that an issue came up about who drafted the RFP?
A. Q. A. Q.
Okay. Go ahead. You've had a chance to look at it? Yes. And you remember this exchange now that you've had a chance to review the transcript?
A. I don't, specifically, recall that. Q. Do you have any memory of Mr. Donato questioning
Mr. Troy and Mr. MacDonald about who drafted the RFP?
A. Q. A. Q. A. Q.
I can't be specific. Do you read the -Duxbury Clipper? -- the Duxbury Clipper? Yes. You are often quoted in the Duxbury Clipper; is that correct?
A. I may be.
DEPOSITION OF SHAWN DAHLEN
Page 66 - 69
70
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
back? (Question read.) and get them correct.
72
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
shawndahlen@aol.com?
A. I couldn't tell you when I switched. Q. Did you have your e-mail forwarded when you
switched?
A. Yes.
MR. FOLLANSBEE: I'd ask that this be marked as the next exhibit. (Exhibit No. 7, For Identification, marked.) (Document handed to the witness.)
A. Yes. Q. And you came away from the meeting that evening
believing that Attorney Troy was telling you the truth and that a consultant had drafted this document; correct?
A. I don't remember it, but I assume I did. Q. And in it, if you take a look at the second
page --
A. Okay.
MR. KREIGER: What's the question?
A. Q. A. Q.
Yes. And who told you that it wasn't true? I don't recall the specific person. And when did that transpire, that you became aware or that somebody advised you that that wasn't true?
A. Q. A. Q.
More recently. How recent? Within the last six months, as a guess. And is it your testimony that, prior to the last six months, you were unaware that the consultant had not drafted that document?
A. Q. A. Q. A.
That is correct. Do you have an e-mail, shawndahlen@aol.com? Uh-huh. Is that a yes? Yes. Oh, an old e-mail address. I don't get e-mail there any more.
Q. Where do you get your e-mail now? A. shawn@dahlenco.com. Q. And for how long have you had that e-mail
address?
Q. Okay.
Now, directing your attention to paragraph No. 8. Paragraph No. 8 indicates that the consultant didn't make any changes or corrections; correct?
A. That is correct.
DEPOSITION OF SHAWN DAHLEN
Page 70 - 73
74
76
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q.
And directing your attention to paragraph 7, it indicated that town counsel was the person who created the language "comparable business entity"?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
General's office, did anybody on behalf of the town tell the Inspector General that the price proposals had been opened and that one of the evaluators had seen the prices prior to completing his evaluation?
A. Q. A. Q.
That's what the paragraph says. And so that you became aware of that on or about the time of this e-mail; correct? If I received it and read it, I would assume so. And if you received an e-mail from Gordon Cushing saying Here is my response to Mr. Donato's request to whom actually wrote the RFP, it would get your attention enough to read it; wouldn't it?
A. Q. A. Q. A. Q. A. Q. A.
I have a vague recollection. I have a vague memory of that, yes. And do you know who said that to the Inspector General's office? I don't know for a fact, but I would assume that it would be Bob Troy. Why do you assume that? Because he was the most knowledgeable of all of us in the room regarding the case. Did he do most of the talking that day on behalf of the town? I would presume, yes. Do you have a memory as to who carried the ball for the town that day? I would presume, Bob. MR. KREIGER: Well, you were asked if you have a memory of it.
A. Q. A. Q. A. Q.
More than likely. And it had been an issue at the selectmen's hearing a week earlier than this; right? What had been an issue? About who wrote the RFP. It wasn't an issue to me. But the issue had been addressed, and Mr. Troy had indicated that an outside consultant had done the whole thing; correct?
A. Q.
I don't have a specific memory of it. Do you remember Gordon Cushing saying anything
A.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q. A.
And what did you think had something to do with the hearing? We were having the hearing on whether there were any inconsistencies in the contract with Johnson Golf and the Town of Duxbury.
A.
I'm assuming he did; but I don't remember, specifically, what he told the Attorney General. MR. KESTEN: Inspector General.
A.
The Inspector General. I'll get it right one of these days. It's a 50/50 chance. MR. FOLLANSBEE: I'd ask that this be marked as the next exhibit. (Exhibit No. 8, For Identification, marked.) (Document handed to the witness.)
Q. A. Q. A. Q. A. Q.
And you were trying to be fair and impartial; correct? Fair and impartial about what? About whatever conclusion you were going to draw, you wanted to hear both sides? Yes. And make a fair and impartial decision; correct? Correct, correct. In the fall and up until December of 2010, had you discussed with Attorney Troy whether or not there was any evidence shown so far about bad faith on the part of the Town of Duxbury?
Q.
(BY MR. FOLLANSBEE) Directing your attention to Exhibit No. 8, the second paragraph, where it indicates, according to the town, and then it describes two things. Do you remember who on behalf of the Town of Duxbury gave this information to the Inspector General?
A.
If I did so, it would have been under executive session. MR. KREIGER: Go ahead.
A. Q. A. Q.
I do not. Did you? Not to my memory. Did anyone at that meeting tell the Inspector General that the town didn't know about the
Q.
And after the summary judgment had been denied and you were meeting with the Inspector
Page 74 - 77
78
80
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Q. A.
No. And when you say it seemed simpler, what was simpler about the IFB process? My understanding is, it doesn't have an evaluation process in terms of people looking at it and then making assumptions of the paperwork, that you either meet specific criteria that are outlined in it or you don't. It's a simple --
A.
I don't recall that kind of detail. MR. FOLLANSBEE: Off the record. (Discussion off the record.) MR. FOLLANSBEE: I'd ask that that be marked as the next exhibit. (Exhibit No. 9, For Identification, marked.) (Document handed to the witness.)
Q.
(BY MR. FOLLANSBEE) Now, directing your attention to the second page of what's been marked as Exhibit No. 9, it indicates in the footnote that "The town informed this office it did not know that the highest proposal lacked the assets and equipment to perform the contract." Do you know who made that representation to the Inspector General?
Q. A. Q. A. Q. A. Q.
Did anybody in town government discuss with you what was going to be put into the IFB -No. -- for running the golf course in 2011? No, no. Did you review the IFB yourself, at any point? No. Did anybody talk to you about, We're going to put some language in the IFB to make sure that nobody can sue the town?
A. Q.
No idea. You knew, by the time that you had the meeting with the Inspector General in December of 2010, you knew that CALM's proposal showed that they had very limited assets and no equipment; correct?
A. Q.
No. Did you discuss the North Hill or a possibility of the North Hill Golf Course contract with Emmett Sheehan in the period between January 1, 2011 and the end of February of 2011?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Q.
I don't know when I knew any specifics about CALM or with respect to that date. Well, if I suggested to you that Mr. MacDonald had rejected all of the bids, again, on November 24, 2010, does that comport with your memory as to what information you had, at that time? MR. KREIGER: Objection.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Q.
You'd have to recreate something for me to look at the dates. Well, let me ask it more generally. Did you ever discuss with Emmett Sheehan the possibility of him bidding again on the North Hill Golf Course contract?
A. Q. A. Q. A. Q. A. Q.
Bidding again from when? After 2010. Yes. And what's your memory of that conversation? My memory of that conversation is, I asked him why he did not submit a bid. Well, what made you think that he was going to submit a bid? Because my memory had said that he had submitted a bid at one of the previous bids. And I'll be more direct about the conversation. Do you remember attending the bid opening in February of 2011?
A. Q.
I don't have any memory, specific memory, of the date that he rejected CALM Golf. Shortly after Exhibits 8 and 9 were received by the town, the town elected to go forward with an IFB; correct?
A. Q. A. Q.
Correct. And were you aware of that procedure, the IFB procedure? Yes. And you indicated that you thought it was the preferred way to go rather than an RFP? MR. KREIGER: Objection.
A. Q. A.
I don't. Have you attended any bid openings for the North Hill Golf Course contract? I cannot remember attending any. What was the date again, please?
A. Q.
It seemed simpler and less complex. Do you know whose idea, who in the Town of Duxbury decided to use the IFB process rather than the RFP process in 2011?
Page 78 - 81
82
84
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q. A. Q.
Thursday, February 17, 2011 at 2:00 p.m. Thursday, February what? 17th, 2011 at 2:00 p.m. MR. KREIGER: Shawn, the question is just, do you remember?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
as the next exhibit, please? (Exhibit No. 10, For Identification, marked.) (Document handed to the witness.)
Q.
(BY MR. FOLLANSBEE) Directing your attention to Exhibit No. 10, which is the IFB for the North Hill Golf Course and Country Club, Thursday, February 17th bid opening date. Have you ever reviewed this document before?
A. Q.
No. Makes that easy. Have you ever attended a bid opening at the Office of Inspectional Services at 878 Tremont Street in Duxbury?
A. Q.
Not that I can recall. Do you recall saying to Mr. Sheehan, "What's the matter, Emmett? Did you get cold feet?" About his decision not to submit a bid for the North Hill Golf Course contract?
A. Q.
I did, at some point. And did you become aware that this document required a bid bond of $20,000? MR. KREIGER: Objection. Was he aware when? MR. FOLLANSBEE: At any time, has he been aware of that.
A. Q. A. Q.
Not that I can recall. So is it possible that you did say that? I don't ever remember being at a bid opening. Other than present counsel, have you ever discussed the issue of a bid opening and comments you may or may not have made to Mr. Sheehan with anybody in the past two years?
A.
If the document requires one, I was aware that a document required one, at some point in time. I just don't know if this is the document or not.
Q.
And with regard to the issue of a bid bond, do you recall discussing that, at any time, or having a conversation about that, at any time,
A. Q.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Other than conversations that you've had with counsel, have you discussed with anyone an allegation that you made a statement regarding Emmett Sheehan getting cold feet and not bidding?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Q. A. Q. A.
Yes. And where did that take place? In the Duxbury cemetery. And what did he tell you about that? I, specifically, was walking in the cemetery with a couple of cemetery trustees, which he is one of them, and several other townspeople reviewing some land swaps that we were preparing for a town meeting vote. And I said to Emmett, "I heard you did not submit a bid. How come?" And he said to me, "Because they required a bid bond, and I couldn't get one." MR. FOLLANSBEE: I'd ask that that be marked as the next exhibit. (Exhibit No. 11, For Identification, marked.) (Document handed to the witness.)
A. Q. A. Q. A.
Yes. With whom did you have that discussion? Scott Lambiagase. And when did you have that conversation with Scott? After I read somebody else's deposition where that comment was made in there. I said -- I called him up to ask him, had I ever gone to a bid opening? Because I didn't have any memory of that.
Q. A.
And what did Scott tell you? Scott couldn't remember having a bid opening. His comment was, "We didn't have any bids to open;" so he didn't understand why there would be a bid opening.
Q. A. Q. A.
(BY MR. FOLLANSBEE) Do you have Exhibit 11 in front of you? Yes. Directing your attention to the second page, if you could read to yourself paragraph 3. Okay.
Q. A.
The bid opening was scheduled for Thursday, February 17, 2011 at 2:00 p.m.; correct? I wouldn't know. MR. FOLLANSBEE: Could I have that marked
Page 82 - 85
86
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
88
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Golf was running the golf course, and they had $200,000 in security posted for the town; correct?
A.
I could tell you, I have no recall; and it's also not on my calendar.
Q. I understand.
I'm just saying, at that time, in February of 2011, Johnson was running the golf course?
A.
To the best of my knowledge, no, since I don't believe that I was there.
A. Yes. Q. And they had security of $200,000; correct? A. I'll take your word for it. I don't remember
that.
A.
A. Right.
I don't ultimately remember what happened after the Board of Selectmen made its decision as to ultimately did Johnson post a bond.
A.
Q. Yes. The first week of December 2010. A. December 6th, 10:00 a.m. Q. And do you know how long that meeting took
place?
A. Correct. Q. And when they did that, they ended up with one
bidder; correct?
A.
My memory is, I either asked Bob Troy or Richard if we -- if there was a problem getting a bid bond, therefore, we got no bids, do we need a bid bond to protect the interest of the town? Since a bid bond -- what I was told -- is a bid bond, basically, requires the bidder to perform on the bid. And our problem was that we couldn't get people to bid.
A. I don't know. I didn't review his proposal. Q. Did you review his contract? A. No. Q. Did you sign his contract? A. It's possible. Q. You don't have any memory of signing his
contract?
Page 86 - 89
90
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
92
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
point? that? Now, Pilgrim Golf began running the golf course in early April of 2011. Do you remember
A.
If you show me his contract, I'll tell you whether I signed it or not.
Q. I'm asking you only if you have a memory. A. I sign hundreds of documents as a selectman. I
don't recall, specifically, or remember signing his contract.
A.
A.
I remember having a liquor license -- I don't remember what the date was -- a liquor license hearing. I don't remember what the date was.
A.
With reference to the liquor license, posted security, or as part of his original contract? MR. FOLLANSBEE: Well, strike that question.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A.
I remember some discussion that there was some working out of exactly what the security was and going to be, and that my best guess is that the license wouldn't be granted until that was done and complete. MR. FOLLANSBEE: Let me make a few copies. I'll be right back. (Recess taken.) MR. FOLLANSBEE: Can you mark that as the next exhibit, please? (Exhibit No. 12, For Identification, marked.) (Document handed to the witness.)
A. I can't imagine it wasn't. Q. You can't? A. No, I can't. I'm sure we'll be happy to provide
you a copy at your request.
Page 90 - 93
94
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
the time, was that he was working with the bank, putting together the security, and that he informed us that it would happen imminently; and in the event, as this says, if it wasn't forthcoming, that we could revoke the contract.
96
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
contract with the Town of Duxbury?
A. I don't remember the details. Q. Had you reviewed the proposed contract
yourself?
Q. Well, if you take a look at Exhibit No. 10 -A. In fact, you just refreshed my memory.
I remember Mr. Donato, now that you say that, brought up -- I'm doing this from recall -- brought up the question about why doesn't the Board of Selectmen have to sign the contract? Because the previous contract was signed by the Board of Selectmen. And I think the answer we got from Bob was, it wasn't required, that it is the town manager under the Town Manager Act that signs contracts.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Not to my specific memory. Q. So when you say you reviewed the IFB, you
didn't --
A. I'm assuming so. He is town counsel. Q. So when he reviewed the IFB and the proposed
contract, he would have full knowledge that the selectmen wouldn't have to sign it; correct?
Q. You can answer that. A. Okay. First of all, most of the jobs I do, I
don't sign contracts; and the ones that I do state that the client can terminate at will.
A. Not specifically. Q. Do you know who the individuals were -MR. FOLLANSBEE: Strike that.
A. It does.
DEPOSITION OF SHAWN DAHLEN
Page 94 - 97
98
100
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Q.
So at least what prospective bidders were told was that the contract would be signed by the Board of Selectmen; correct?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
99
A.
A. Q. A. Q.
I would assume so. And so do you -Is this the last IFB or was this the one before that? Oh, that's a good point, since there is only about six of them. MR. FOLLANSBEE: Let's mark this as the next exhibit, please. (Exhibit No. 13, For Identification, marked.)
A.
A.
If I had to wager, I would say that we did not, as a board, sign it; otherwise, he wouldn't have had that debate.
Q.
(BY MR. FOLLANSBEE) Directing your attention to Exhibit 13, which is the IFB with a return date of Monday March 21, 2011 at noontime. (Document handed to the witness.)
Q. Okay.
MR. FOLLANSBEE: I've got a few more questions. But let me take a five-minute break, and maybe I can cut down on a few of them. (Recess taken.)
Q.
At page 27, does that contract indicate that it would be signed by the Board of Selectmen and approved as to form by Attorney Troy?
A. Q.
Yes. And on that following day, an award of a contract having been made, do you know if you ever signed a contract with Pilgrim Golf?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Q. A. Q. A.
I can't recall. Were you ever asked to sign a contract with Pilgrim Golf? I can't recall. Do you remember -I'm not trying to play hard to get, but I just don't recall. We sign dozens of documents every single selectmen's meeting.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A.
A.
Yes, or had some sort of performance arrangement that would protect the assets being held by the operator.
Q.
Sir, you're not offending me by saying "I don't recall." I've heard it quite often from the Town of Duxbury. With regard to the contract with Pilgrim Golf, did you ever receive any communication from Attorney Troy with a proposed contract telling you that it needed to be signed by the Board of Selectmen?
A.
If the Clipper reported that, there is probably a good possibility that it's right.
A. A.
Uh-huh.
Q. That's yes?
Yes.
A.
I have no memory of that. But if we do ever receive anything that needs to be signed by the Board of Selectmen, it is included in our packets and submitted by administration, not by Bob Troy to us to sign.
A. A.
No.
Q. A.
Page 98 - 101
102
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
104
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
the by-laws say that the town manager can negotiate the contracts for execution by the selectmen?
A. I'm not surprised, yeah. Q. And as a selectman in the town, were you
comfortable with giving a contract to a company that had been in existence for two weeks and did not provide a bond at the signing of the contract?
Q. And North Hill Golf Course -- let's be clear -is not like buying paper at Staples; is it?
A. I don't know that. Q. Well, based upon the meeting of May 9th where
they still didn't have security at their liquor license hearing, was it your understanding that they had security but weren't telling you?
Q. And that's -A. You don't have to pull it out. Q. Am I misstating it if I suggest to you that
DEPOSITION OF SHAWN DAHLEN
106
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
CERTIFICATE I, SHAWN DAHLEN, do hereby certify that I have read the foregoing transcript of my testimony, and further certify that said transcript is a true and accurate record of said testimony. Dated at , this day of , 2012.
CERTIFICATE Commonwealth of Massachusetts Middlesex, ss. I, JAMES A. LYONS, Certified Shorthand Reporter, Registered Diplomate Reporter, Certified Realtime Reporter and Notary Public in and for the Commonwealth of Massachusetts, do hereby certify: that SHAWN DAHLEN, the witness whose deposition is hereinbefore set forth, was duly sworn by me, and that such deposition is a true record of the testimony given by the said witness. I further certify that I am not a relative or employee or counsel or attorney for any of the parties, or a relative or employee of such counsel or attorney, nor am I financially or otherwise interested in the outcome of the action. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal this 20th day of July, 2012.
JAMES A. LYONS CSR No. 117993, RDR, CRR My commission expires on April 29, 2016
$
$169 [3] - 38:1, 38:6, 39:10 $20,000 [1] - 84:13 $200,000 [2] - 88:2, 88:11
3
3 [12] - 3:12, 29:19, 29:20, 30:16, 30:20, 30:23, 34:23, 68:15, 68:17, 68:18, 85:23, 91:22 3.1.5 [1] - 43:5 30 [3] - 3:12, 5:5, 7:14 30B [8] - 51:11, 51:24, 54:10, 54:11, 54:13, 54:15, 55:9, 57:15 3rd [2] - 1:19, 2:3
2
2 [11] - 3:10, 28:24, 29:1, 29:5, 31:7, 32:15, 32:20, 35:12, 37:13, 37:14, 42:16 20 [1] - 7:1 200 [1] - 2:11 2008 [4] - 8:22, 15:11, 60:3, 60:23 2009 [2] - 37:24, 38:5 2010 [52] - 3:11, 3:12, 3:20, 6:18, 9:5, 9:13, 10:19, 11:3, 12:18, 13:1, 13:22, 15:1, 15:6, 19:10, 19:21, 23:15, 26:12, 27:10, 27:22, 28:8, 29:7, 29:11, 31:1, 32:7, 40:5, 40:16, 42:3, 46:12, 46:17, 46:24, 47:1, 50:11, 51:14, 59:11, 62:1, 62:7, 62:16, 63:5, 63:8, 63:17, 64:4, 67:9, 68:8, 71:24, 72:16, 73:2, 73:8, 75:16, 78:21, 79:5, 81:8, 87:1 2010-2011 [1] - 4:3 2011 [19] - 3:21, 3:23, 4:7, 4:9, 46:12, 79:24, 80:13, 80:24, 81:19, 82:1, 82:3, 83:22, 86:11, 88:8, 90:12, 91:20, 92:2, 98:16 2011-001A [1] - 4:8 2012 [4] - 1:20, 65:11, 106:10, 107:20 2016 [1] - 107:24 20th [1] - 107:19 21 [4] - 3:23, 4:9, 17:1, 98:16 24 [6] - 63:5, 63:8, 79:5, 86:11, 97:11, 97:20 25 [1] - 37:5 27 [2] - 3:21, 98:18 29 [2] - 3:10, 107:24 2:00 [3] - 82:1, 82:3, 83:22 2:02 [1] - 1:20
8
8 [9] - 3:21, 29:21, 72:20, 72:21, 73:21, 77:10, 77:14, 79:11 83 [1] - 49:10 84 [1] - 4:3 85 [1] - 4:5 878 [1] - 82:8
'
'08 [1] - 60:8 '11 [1] - 65:12 '12 [1] - 65:12
0
02109 [1] - 1:23 02116 [1] - 2:8 02141 [1] - 2:12 02184 [1] - 2:4 08-04641-B [1] - 1:4
9
9 [7] - 1:20, 3:22, 4:6, 78:7, 78:12, 79:11, 91:20 91 [1] - 4:6 92 [1] - 1:23 98 [1] - 4:8 9th [3] - 93:1, 93:20, 102:15
4
4 [14] - 3:11, 3:12, 3:14, 23:15, 26:12, 29:6, 29:11, 31:1, 42:10, 42:15, 44:4, 67:9, 72:22, 73:8 400 [1] - 64:14 42 [2] - 3:14, 52:3 43 [1] - 3:16 4th [2] - 32:10, 35:12
1
1 [10] - 1:1, 1:2, 3:9, 16:9, 16:13, 24:7, 29:20, 33:22, 35:15, 80:23 10 [6] - 4:3, 84:2, 84:6, 94:23, 96:12, 97:10 100 [2] - 69:14, 70:7 107 [1] - 1:1 10:00 [1] - 87:2 11 [3] - 4:5, 85:16, 85:19 117993 [2] - 1:17, 107:23 12 [3] - 4:6, 91:14, 91:19 12/21/98 [1] - 3:9 13 [8] - 1:2, 3:20, 4:8, 49:11, 49:14, 72:16, 98:12, 98:15 13th [1] - 73:2 15 [1] - 44:6 1500 [1] - 6:9 16 [1] - 3:9 17 [3] - 31:2, 82:1, 83:22 17th [3] - 82:3, 84:8, 86:2 18 [1] - 31:2 18th [1] - 40:16 1971 [2] - 8:8, 8:11 1973 [1] - 8:8 1975 [2] - 8:8
A
a.m [1] - 87:2 ability [1] - 38:16 absolute [1] - 100:4 absolutely [4] - 46:2, 51:4, 54:7, 104:12 accept [1] - 103:1 according [1] - 77:15 account [2] - 58:24, 59:1 accounts [2] - 67:15, 68:1 accurate [1] - 106:6 accusing [1] - 36:9 act [3] - 43:14, 54:17, 54:18 Act [8] - 3:16, 41:18, 43:13, 43:24, 49:7, 96:22, 97:1, 104:6 action [5] - 5:18, 14:23, 15:3, 46:6, 107:17 actions [2] - 41:22, 59:19 activities [2] - 41:19, 44:7 addition [3] - 8:13, 20:2, 23:3 address [5] - 6:8, 50:22, 71:17, 71:22, 71:24 addressed [3] -
5
5 [4] - 3:16, 43:19, 43:23, 49:8 50 [1] - 7:18 50/50 [1] - 77:7 536 [2] - 1:19, 2:3 5:05 [1] - 105:18
6
6 [4] - 3:4, 3:17, 62:23, 63:4 617.723.7321 [1] 1:24 617.723.7322 [1] 1:24 62 [1] - 3:17 64 [1] - 68:20 65 [1] - 68:20 699 [1] - 2:7 6th [1] - 87:2
7
7 [5] - 3:19, 72:8, 72:12, 72:14, 74:1 72 [1] - 3:19
32:14, 68:9, 74:21 adequate [1] - 5:14 administering [1] 5:17 administration [1] 99:20 advance [5] - 24:23, 31:20, 32:2, 32:6, 39:19 advantage [2] 18:12, 18:14 advise [2] - 60:4, 65:15 advised [4] - 37:22, 62:5, 65:4, 71:5 Advisory [1] - 2:9 ADVISORY [1] - 1:9 Affidavit [1] - 4:5 afterwards [1] - 55:15 agenda [9] - 16:6, 26:8, 26:13, 26:17, 26:18, 26:20, 26:23, 27:5, 27:7 ago [4] - 37:4, 54:12, 55:17, 61:16 agree [3] - 5:19, 69:23, 104:12 agreed [4] - 5:2, 5:7, 5:11, 65:19 Agreement [1] - 3:9 agreement [3] - 19:5, 33:9, 36:8 ahead [6] - 30:22, 38:9, 40:13, 56:20, 69:5, 75:22 alcohol [1] - 25:16 alcoholic [1] - 27:4 allegation [1] - 83:3 allowed [1] - 92:19 Als [1] - 2:9 ALSO [1] - 2:14 amount [3] - 59:1, 61:9, 61:10 Anderson [1] - 2:11 Andre [1] - 17:19 Ann [3] - 27:12, 27:13, 27:14 Ann's [1] - 62:19 answer [11] - 14:22, 19:18, 36:6, 50:21, 51:18, 53:1, 57:9, 65:15, 68:12, 95:13, 96:20 answered [1] - 59:16 ANTHONY [1] - 1:10 appear [2] - 31:9, 97:14 APPEARANCES [1] 2:1 Appendix [1] - 3:16
OF SHAWN DAHLEN
Page 1 - 1
applicable [1] - 1:16 Application [1] 91:23 appointed [1] - 7:13 appropriate [1] 47:15 approval [1] - 43:3 approve [3] - 41:14, 41:21, 103:6 approved [4] - 97:15, 98:20, 103:3, 103:7 Approved [1] - 97:18 approves [1] - 44:19 April [2] - 92:2, 107:24 area [1] - 47:24 arguing [2] - 105:1, 105:5 arranged [1] - 90:9 arrangement [1] 101:4 arrears [1] - 24:24 Arthur [1] - 2:10 assent [2] - 26:17, 26:22 asset [1] - 38:16 assets [9] - 37:17, 38:1, 38:7, 39:11, 58:11, 78:1, 78:15, 78:23, 101:5 assume [12] - 13:13, 14:19, 20:23, 24:10, 34:19, 48:17, 72:17, 74:8, 76:10, 76:12, 92:12, 98:4 assuming [9] - 31:13, 34:19, 45:22, 53:10, 70:2, 77:2, 89:14, 89:16, 97:2 assumption [10] 15:19, 38:18, 38:22, 39:1, 40:18, 41:17, 47:12, 61:14, 61:20, 73:10 assumptions [1] 80:6 attempting [1] 47:13 attempts [2] - 28:8, 28:11 attend [2] - 7:21, 46:19 attended [2] - 81:21, 82:7 attending [4] - 50:19, 50:20, 81:18, 81:23 attention [29] - 16:12, 16:20, 25:7, 25:9, 25:20, 29:4, 29:19,
30:23, 37:14, 37:19, 42:14, 42:17, 43:22, 49:8, 63:3, 72:11, 73:20, 74:1, 74:13, 77:13, 78:11, 84:5, 85:22, 91:18, 91:22, 93:19, 94:14, 97:11, 98:14 attesting [1] - 5:14 attorney [5] - 35:23, 36:3, 102:21, 107:13, 107:15 Attorney [18] - 2:4, 2:8, 35:16, 57:18, 57:23, 65:23, 68:2, 68:11, 69:12, 70:12, 75:17, 77:3, 97:15, 97:19, 98:20, 99:14, 99:23, 100:6 attorneys [1] - 36:7 attract [1] - 87:15 attributed [1] - 86:5 audited [3] - 25:11, 25:14, 28:13 authority [1] - 103:19 authorizes [1] - 45:17 automatically [2] 21:13, 47:11 award [9] - 37:16, 39:7, 47:3, 47:7, 48:24, 53:24, 58:10, 93:21, 98:22 awarded [4] - 47:18, 47:20, 58:8, 101:18 awarding [1] - 63:22 awards [1] - 27:4 aware [21] - 8:22, 9:2, 9:5, 12:9, 12:12, 13:22, 14:3, 28:8, 44:19, 45:6, 62:1, 68:6, 71:5, 73:1, 74:6, 79:15, 84:12, 84:15, 84:17, 84:18, 89:1
B
background [2] 12:4, 23:13 backing [1] - 38:20 bad [2] - 55:8, 75:18 balance [1] - 95:18 ball [1] - 76:18 bank [1] - 94:2 Barbara [2] - 27:11 based [3] - 52:4, 52:5, 102:15
basis [4] - 38:23, 38:24, 41:22, 44:21 beating [1] - 105:9 became [6] - 11:5, 12:18, 13:2, 71:4, 74:6, 89:1 become [10] - 8:22, 9:2, 9:21, 10:20, 12:9, 13:22, 14:3, 62:1, 73:1, 84:12 becoming [1] - 11:13 began [1] - 92:1 behalf [5] - 1:16, 6:1, 76:1, 76:15, 77:17 behaved [1] - 58:4 belief [1] - 17:18 benefit [1] - 18:9 best [7] - 23:8, 52:6, 57:19, 59:17, 59:18, 86:9, 91:6 Betsy [3] - 10:2, 10:6, 10:9 better [3] - 26:15, 57:2, 57:6 between [12] - 5:3, 13:24, 15:9, 16:15, 23:18, 24:5, 30:2, 43:7, 44:17, 80:23, 100:6, 104:6 beyond [1] - 7:24 bid [33] - 12:2, 37:23, 38:5, 58:8, 81:12, 81:14, 81:16, 81:18, 81:21, 82:7, 82:13, 82:17, 82:19, 83:14, 83:17, 83:20, 83:21, 84:8, 84:13, 84:22, 85:11, 85:12, 86:2, 87:11, 87:18, 87:19, 87:20, 87:21, 87:22, 87:23, 88:4, 89:2 bidder [3] - 87:21, 89:6, 89:8 bidders [3] - 87:9, 97:10, 98:1 bidding [5] - 51:11, 52:1, 81:5, 81:7, 83:5 bids [11] - 60:5, 60:8, 60:15, 60:22, 61:6, 61:7, 79:4, 81:16, 83:18, 87:15, 87:18 Board [70] - 3:12, 4:6, 6:15, 6:20, 6:24, 7:5, 8:14, 9:4, 9:9, 9:10, 9:13, 9:22, 10:15, 10:18,
11:14, 12:19, 13:2, 14:17, 15:4, 15:15, 16:1, 17:22, 18:20, 20:4, 25:22, 26:2, 26:7, 26:16, 26:24, 27:6, 27:10, 28:4, 29:10, 32:24, 41:21, 44:8, 44:9, 44:18, 45:1, 45:6, 45:14, 46:3, 46:6, 46:9, 46:13, 48:22, 49:13, 49:17, 49:22, 50:3, 50:5, 50:21, 66:4, 66:15, 66:19, 67:8, 88:18, 91:19, 96:4, 96:6, 96:7, 96:11, 96:17, 96:19, 97:13, 98:3, 98:19, 99:16, 99:19, 104:14 board [6] - 16:3, 28:20, 50:6, 50:7, 66:12, 100:14 board's [3] - 25:7, 25:9, 30:10 boards [1] - 7:1 boat [5] - 18:4, 18:7, 18:10, 20:23, 21:2 Bob [14] - 45:14, 60:24, 61:5, 61:14, 76:11, 76:20, 87:16, 92:22, 96:20, 96:24, 97:7, 99:21, 102:23 bond [29] - 29:23, 31:24, 32:3, 84:13, 84:22, 85:13, 87:11, 87:18, 87:19, 87:20, 87:21, 88:4, 88:20, 89:2, 90:8, 92:10, 92:13, 92:16, 92:21, 93:4, 93:7, 93:21, 100:24, 101:3, 101:9, 102:5, 102:8 boot [1] - 47:10 born [2] - 7:15, 7:19 Boston [1] - 2:8 BOSTON [1] - 1:23 bottom [2] - 35:16, 49:9 bound [1] - 54:9 Boylston [1] - 2:7 Braintree [2] - 1:19, 2:4 BRAMANTI [1] - 1:22 breach [4] - 32:16, 32:21, 40:17, 73:15 breached [1] - 31:21
break [3] - 59:5, 59:6, 100:19 Brody [1] - 2:6 broke [1] - 59:9 brought [8] - 25:7, 25:9, 25:19, 64:20, 64:21, 94:14, 96:15, 96:16 buddy [1] - 18:3 build [1] - 52:15 builder [1] - 6:12 building [5] - 8:20, 8:21, 33:2, 33:9, 34:13 business [9] - 6:7, 6:11, 22:10, 33:18, 37:8, 38:14, 52:3, 59:2, 74:3 businesspeople [1] 58:21 buying [1] - 104:11 BY [20] - 6:5, 11:9, 16:12, 27:21, 29:4, 30:19, 42:13, 43:22, 59:9, 63:2, 65:23, 69:3, 72:11, 77:13, 78:10, 84:5, 85:19, 91:17, 98:14, 100:22 by-law [2] - 41:13, 104:13 By-Laws [1] - 3:14 by-laws [9] - 42:20, 43:1, 44:3, 103:18, 103:20, 104:1, 104:5, 104:7, 105:6
C
C.A [1] - 1:4 calendar [4] - 86:4, 86:19, 86:20, 86:21 CALM [21] - 1:12, 37:15, 37:23, 38:5, 39:7, 39:10, 47:3, 47:7, 47:11, 47:18, 47:21, 47:23, 48:2, 48:10, 48:16, 51:16, 58:10, 78:1, 79:2, 79:10 CALM's [2] - 38:16, 78:22 Cambridge [1] - 2:12 Canal [1] - 2:11 candidate [1] - 10:12 cannot [2] - 64:10, 81:23 carried [1] - 76:18 case [28] - 8:23, 12:5,
OF SHAWN DAHLEN
Page 2 - 2
36:14, 36:20, 41:23, 41:24, 42:1, 42:4, 44:17, 44:19, 44:22, 44:24, 45:4, 45:18, 52:7, 55:22, 62:6, 62:13, 62:15, 63:18, 63:19, 63:23, 64:10, 64:16, 64:24, 66:1, 76:14 cases [3] - 11:24, 37:7, 37:11 cemetery [3] - 85:4, 85:6, 85:7 center [1] - 49:9 ceremony [1] - 27:4 certain [2] - 30:4, 55:4 certainly [3] - 66:6, 88:14, 93:18 certainty [1] - 38:13 CERTIFICATE [2] 106:1, 107:1 Certified [3] - 1:18, 107:3, 107:5 certify [4] - 106:3, 106:5, 107:7, 107:12 chair [2] - 8:14, 50:20 CHAIRMAN [1] - 1:10 chairman [3] - 6:15, 26:7, 66:18 chairperson [6] 9:21, 10:1, 10:12, 26:16, 27:6, 46:13 chance [5] - 69:3, 69:6, 69:9, 77:7, 93:16 change [1] - 34:12 changes [2] - 34:3, 73:22 Chapter [1] - 54:10 characterize [1] 18:15 CHARLES [1] - 1:12 check [1] - 95:6 Civil [1] - 1:17 civil [1] - 37:11 classify [1] - 53:5 clause [2] - 49:10, 95:9 clear [1] - 104:10 client [7] - 12:9, 22:22, 22:24, 23:2, 95:16, 95:17 clients [3] - 22:11, 22:18, 52:4 Clipper [5] - 67:19, 67:20, 67:22, 101:7, 101:10
close [1] - 7:19 Club [13] - 20:7, 20:10, 20:13, 20:24, 21:4, 21:12, 21:14, 21:17, 21:20, 22:1, 38:17, 84:7, 91:24 club [1] - 22:3 co [1] - 20:3 co-members [1] 20:3 coincidentally [2] 49:11, 72:14 cold [3] - 82:12, 83:4, 86:6 colleague [1] - 18:16 colleagues [4] - 9:9, 14:16, 25:22, 66:5 collected [2] - 32:1, 32:6 collecting [1] - 31:19 College [1] - 8:3 comfortable [1] 102:3 coming [2] - 16:4, 90:23 commencing [1] 1:20 comment [3] - 62:11, 83:12, 83:18 comments [5] 28:21, 53:2, 62:9, 62:10, 82:20 commission [1] 107:24 Commission [1] - 7:5 COMMITTEE [1] - 1:9 committee [2] - 8:20, 8:21 Committee [1] - 2:9 committees [1] - 7:2 COMMONWEALTH [1] - 1:3 Commonwealth [4] 1:18, 5:16, 107:2, 107:6 communication [1] 99:13 community [4] - 48:7, 48:21, 56:12, 56:21 Company [2] - 52:15, 52:16 company [7] - 22:17, 23:9, 37:15, 45:20, 46:10, 101:19, 102:3 comparable [1] - 74:3 complete [1] - 91:8 completely [1] - 54:5 completing [1] - 76:5
complex [1] - 79:21 complexity [1] - 55:1 compliance [3] 26:12, 27:22, 28:6 complicated [2] 56:12, 56:13 comport [1] - 79:5 concept [1] - 87:10 concern [8] - 19:14, 28:14, 31:18, 31:23, 32:1, 35:20, 36:5, 37:21 concerned [3] - 25:4, 35:24, 92:17 concerning [1] - 68:2 concerns [1] - 38:15 concluded [3] 61:12, 105:15, 105:17 concluding [1] 63:23 conclusion [4] 24:19, 24:21, 58:3, 75:10 conduct [1] - 26:2 conducted [2] 57:20, 58:2 conducting [1] 23:13 conflict [3] - 45:12, 45:15, 104:6 confrontations [1] 66:14 conjunction [2] 22:12, 34:20 conservation [1] 6:24 Conservation [1] 7:5 consider [1] - 66:22 consideration [1] 63:21 considering [1] 57:4 Consisting [1] - 1:9 conspiracy [1] - 12:2 constructing [1] 23:3 consultant [9] - 68:3, 68:4, 68:9, 69:15, 70:8, 70:13, 71:11, 73:22, 74:22 Cont'd [1] - 4:1 contact [2] - 22:4, 22:9 contest [1] - 95:11 continue [3] - 45:11, 63:19, 64:12 contract [97] - 13:23, 14:10, 15:5, 15:8,
15:16, 16:14, 17:17, 19:15, 19:22, 23:17, 24:5, 24:9, 25:2, 26:11, 27:21, 28:6, 28:17, 31:21, 32:12, 32:16, 32:22, 33:21, 33:23, 33:24, 34:2, 34:3, 34:13, 37:16, 39:7, 39:23, 40:17, 44:15, 46:18, 47:18, 47:21, 49:6, 49:23, 51:16, 52:12, 53:24, 58:10, 63:22, 64:7, 64:8, 73:14, 73:15, 75:5, 78:16, 80:22, 81:6, 81:22, 82:14, 89:19, 89:21, 89:24, 90:1, 90:6, 90:8, 90:20, 91:3, 92:20, 93:2, 94:6, 94:7, 94:11, 94:15, 94:24, 95:9, 95:23, 96:1, 96:8, 96:18, 97:4, 97:12, 97:23, 98:2, 98:18, 98:23, 98:24, 99:2, 99:12, 99:14, 100:2, 100:8, 101:18, 101:24, 102:3, 102:6, 103:3, 103:7, 103:8, 103:10, 103:12, 103:14, 104:7, 104:16 Contract [2] - 4:3, 4:8 contractor [1] - 95:8 contracts [11] 48:24, 49:1, 49:3, 49:5, 49:12, 49:17, 50:3, 95:15, 96:23, 103:21, 104:2 conversation [9] 35:3, 41:5, 60:12, 64:16, 81:10, 81:11, 81:17, 83:9, 84:24 conversations [1] 83:1 convinced [1] - 58:6 copies [2] - 28:13, 91:10 copy [10] - 15:16, 16:14, 30:10, 30:12, 30:21, 33:21, 33:24, 63:10, 63:13, 93:15 corporation [1] - 89:9
corporations [1] 38:18 correct [77] - 9:12, 9:16, 9:17, 9:18, 11:11, 11:12, 18:6, 18:11, 18:18, 19:10, 19:11, 23:3, 23:11, 26:10, 33:22, 34:14, 40:7, 40:8, 40:11, 40:24, 41:1, 42:21, 43:4, 43:5, 43:16, 45:21, 46:14, 46:15, 47:21, 47:22, 49:13, 49:18, 50:11, 53:9, 54:11, 66:23, 67:23, 70:1, 70:3, 70:14, 71:13, 73:9, 73:16, 73:23, 73:24, 74:7, 74:23, 74:24, 75:8, 75:14, 75:15, 78:24, 79:13, 79:14, 83:22, 86:14, 88:3, 88:11, 88:23, 89:3, 89:4, 89:6, 89:10, 89:11, 89:13, 92:17, 92:18, 97:6, 97:23, 98:3, 100:2, 100:8, 101:13, 102:13, 104:18, 104:19 corrections [1] 73:23 correspondence [1] 99:22 Counsel [1] - 2:12 counsel [34] - 5:3, 10:23, 11:10, 13:8, 13:9, 13:10, 14:4, 14:14, 25:21, 40:21, 40:24, 41:14, 41:19, 43:3, 44:4, 44:7, 45:3, 45:7, 45:16, 50:6, 50:14, 64:21, 67:2, 74:2, 82:18, 83:2, 93:24, 96:10, 97:2, 102:21, 107:13, 107:15 Country [3] - 38:17, 84:7, 91:24 counts [1] - 38:21 County [1] - 36:19 couple [3] - 59:5, 71:23, 85:7 course [15] - 13:12, 13:18, 14:23, 15:3, 21:17, 40:6, 47:16, 47:24, 52:23,
OF SHAWN DAHLEN
Page 3 - 3
80:13, 88:1, 88:9, 92:2, 100:24, 101:3 Course [11] - 4:4, 4:9, 12:11, 21:5, 21:14, 80:22, 81:6, 81:22, 82:14, 84:7, 104:10 COURT [2] - 1:4, 1:22 court [14] - 12:11, 12:13, 13:18, 35:17, 36:10, 36:16, 36:23, 37:7, 62:2, 62:6, 63:4, 64:11, 94:18, 95:11 Court [2] - 41:9, 42:2 Courts [1] - 36:15 cover [1] - 3:22 created [1] - 74:3 credit [1] - 93:5 criteria [1] - 80:8 critical [2] - 100:23, 101:2 CRR [1] - 107:23 CSR [2] - 1:17, 107:23 cumbersome [1] 56:11 current [1] - 70:18 Cushing [8] - 23:22, 50:15, 60:10, 60:19, 72:16, 73:3, 74:11, 76:24 CUSHING [1] - 1:11 Cushing's [1] - 72:13 customarily [1] 15:22 cut [1] - 100:19
D
DAHLEN [7] - 1:15, 3:3, 5:12, 6:1, 106:3, 106:14, 107:7 Dahlen [4] - 6:6, 6:9, 52:15, 52:16 damage [1] - 33:5 date [20] - 11:2, 13:20, 16:24, 34:2, 51:13, 63:6, 64:12, 73:17, 79:2, 79:10, 81:24, 84:8, 86:24, 90:14, 90:15, 92:4, 92:5, 92:6, 93:2, 98:15 Dated [1] - 106:8 dated [11] - 3:9, 3:10, 3:19, 3:21, 3:23, 4:6, 4:9, 63:4, 63:7, 73:12, 91:19
dates [1] - 81:2 day-to-day [7] 38:23, 41:19, 41:22, 44:21, 45:7, 48:20, 50:18 days [4] - 5:5, 73:12, 77:7, 94:8 dead [2] - 105:9, 105:11 deal [3] - 33:18, 35:2, 44:20 dealings [1] - 17:14 dealt [1] - 17:13 debate [3] - 54:23, 100:6, 100:15 December [14] 16:24, 46:24, 47:1, 50:10, 51:14, 59:11, 60:8, 60:22, 63:17, 64:3, 75:16, 78:21, 87:1, 87:2 decide [3] - 52:14, 52:17, 52:18 decided [3] - 36:10, 47:2, 79:23 decision [19] - 26:13, 30:10, 32:10, 39:7, 45:19, 45:23, 46:1, 46:4, 48:14, 52:4, 52:14, 58:9, 63:10, 73:13, 73:17, 75:13, 82:13, 88:19, 94:17 Decision [1] - 3:17 declaration [1] 46:17 declare [1] - 32:11 default [4] - 32:12, 39:23, 44:14, 46:18 Defendants [1] - 1:13 Defendants' [1] 3:18 define [1] - 22:14 degree [1] - 8:5 denied [2] - 62:2, 75:23 denying [1] - 63:5 department [1] - 43:2 deposes [1] - 6:3 Deposition [1] - 3:2 deposition [10] - 5:4, 5:13, 57:5, 69:19, 69:20, 72:13, 83:11, 105:17, 107:8, 107:9 DEPOSITION [1] 1:15 describe [3] - 15:22, 17:10, 22:19 describes [1] - 77:16
descriptive [1] 22:20 destruction [1] 35:10 detail [2] - 30:6, 78:2 details [3] - 33:11, 52:8, 94:10 determination [8] 26:1, 26:3, 32:4, 32:5, 33:8, 44:13, 45:13, 50:2 determine [1] - 28:5 developed [1] - 12:6 dialogue [1] - 30:2 different [4] - 7:1, 23:1, 54:5, 56:5 differs [1] - 56:1 Diplomate [2] - 1:17, 107:4 direct [4] - 16:20, 31:1, 42:17, 81:17 directing [12] - 29:19, 30:23, 42:13, 49:8, 63:2, 73:20, 74:1, 78:10, 85:22, 91:17, 91:22, 93:19 Directing [7] - 16:12, 29:4, 43:22, 72:11, 77:13, 84:5, 98:14 direction [2] - 44:8, 44:9 disadvantage [1] 18:13 disagree [1] - 66:21 disagreeing [1] - 70:3 disappear [1] - 31:20 disapprove [1] 41:21 discovered [1] - 5:20 discuss [16] - 9:8, 9:19, 10:11, 14:16, 23:24, 24:2, 39:1, 39:6, 41:2, 41:6, 80:10, 80:21, 81:4, 87:10, 92:24, 101:17 discussed [13] - 10:3, 10:8, 17:16, 23:21, 47:5, 60:7, 60:9, 64:24, 65:2, 65:24, 75:17, 82:19, 83:2 discussing [1] 84:23 discussion [20] 11:8, 14:13, 14:21, 24:22, 25:1, 27:20, 28:3, 34:20, 39:13, 39:15, 39:17, 59:4, 61:24, 66:3, 69:2, 78:4, 83:7, 87:13,
91:4, 105:13 discussions [2] 24:8, 60:6 dispute [2] - 95:10, 100:12 District [2] - 41:9, 42:2 divorced [1] - 37:9 Document [2] - 29:3, 42:12 document [29] 16:11, 16:18, 29:15, 30:18, 31:10, 31:11, 38:6, 43:10, 43:11, 43:21, 44:2, 63:1, 69:14, 70:14, 71:12, 72:10, 73:12, 77:12, 78:9, 84:4, 84:9, 84:12, 84:18, 84:19, 84:20, 85:18, 91:16, 98:17, 104:14 documentation [3] 5:14, 12:20, 13:3 documents [4] - 3:10, 29:12, 90:4, 99:7 dollar [2] - 61:9, 104:17 dollars [1] - 30:5 Donato [8] - 9:15, 10:11, 66:6, 66:13, 66:23, 67:11, 96:14, 100:7 Donato's [1] - 74:12 done [8] - 8:12, 49:1, 58:15, 60:2, 69:14, 70:7, 74:23, 91:7 DOOLIN [1] - 1:9 Douglas [1] - 2:15 down [4] - 27:23, 32:17, 69:24, 100:19 dozens [1] - 99:7 draft [1] - 68:3 drafted [5] - 67:5, 67:12, 70:13, 71:12, 73:3 drafting [2] - 68:13, 69:13 draw [1] - 75:11 due [3] - 32:16, 73:15, 95:18 duly [2] - 6:2, 107:9 during [1] - 33:24 Duxbury [68] - 2:8, 2:12, 3:12, 3:15, 3:16, 4:6, 6:9, 6:14, 6:21, 7:13, 7:15,
7:17, 7:23, 8:9, 8:24, 12:22, 13:5, 14:1, 15:10, 16:15, 17:2, 17:22, 20:7, 20:10, 20:12, 20:23, 21:4, 21:12, 21:13, 21:17, 21:19, 21:24, 23:15, 23:19, 24:6, 28:9, 30:24, 32:16, 41:13, 42:20, 43:15, 43:24, 46:21, 47:2, 48:21, 49:21, 52:21, 53:8, 54:8, 55:12, 57:20, 67:19, 67:20, 67:22, 70:6, 73:4, 75:6, 75:19, 77:18, 79:23, 82:9, 85:4, 95:23, 96:1, 99:11, 101:7, 103:13, 104:18 DUXBURY [1] - 1:9 Duxbury's [1] - 62:3
E
E-mail [1] - 3:19 e-mail [11] - 71:14, 71:17, 71:18, 71:19, 71:21, 71:24, 72:3, 72:15, 74:7, 74:10, 99:22 Eagle's [1] - 23:9 early [6] - 11:3, 11:5, 13:21, 51:14, 59:11, 92:2 easy [1] - 82:6 education [1] - 7:24 effect [5] - 12:3, 38:10, 41:12, 94:20, 100:10 effort [1] - 63:17 either [7] - 7:12, 26:16, 37:7, 50:5, 80:7, 87:16, 104:8 elaborate [2] - 45:11, 48:20 elaborating [1] - 45:9 elected [8] - 6:19, 7:12, 9:4, 9:10, 9:13, 9:24, 11:5, 79:12 elective [1] - 6:13 embarrassing [1] 27:16 Emmett [10] - 21:19, 80:23, 81:4, 82:12, 83:4, 85:1, 85:10,
OF SHAWN DAHLEN
Page 4 - 4
86:6, 86:8, 89:12 employee [2] 107:13, 107:14 end [4] - 6:18, 51:15, 80:24, 105:4 ended [1] - 89:5 endpoint [1] - 64:15 engaged [1] - 45:3 engaging [1] - 41:15 entire [1] - 21:10 entity [1] - 74:4 equipment [2] 78:15, 78:23 erroneous [1] - 35:17 Esq [3] - 2:2, 2:6, 2:10 Et [1] - 2:9 evaluated [1] - 28:20 evaluation [4] 55:23, 55:24, 76:5, 80:5 evaluations [1] 61:11 evaluators [1] - 76:4 evening [1] - 70:11 event [3] - 27:3, 94:4, 95:10 eviction [2] - 41:8, 42:2 evidence [1] - 75:18 EX [1] - 1:12 exactly [2] - 55:14, 91:5 EXAMINATION [1] 6:5 Examination [1] - 3:4 example [6] - 27:3, 45:9, 55:3, 55:23, 56:1 except [1] - 5:8 excerpt [1] - 42:19 Excerpt [1] - 3:14 exchange [1] - 69:8 execution [2] - 49:13, 104:2 executive [4] - 10:22, 14:18, 65:16, 75:20 Exeter [1] - 2:7 exhibit [14] - 16:8, 28:23, 30:15, 42:9, 43:18, 62:22, 68:15, 72:7, 77:9, 78:6, 84:1, 85:15, 91:13, 98:11 Exhibit [46] - 16:9, 16:13, 24:7, 28:24, 29:1, 29:5, 30:16, 30:20, 30:23, 31:7, 32:15, 32:19, 33:22, 34:23,
35:12, 37:13, 37:14, 42:10, 42:14, 43:19, 43:23, 44:3, 49:8, 62:23, 63:3, 68:15, 68:17, 68:18, 72:8, 72:12, 72:14, 77:10, 77:14, 78:7, 78:12, 84:2, 84:6, 85:16, 85:19, 91:14, 91:18, 94:23, 96:12, 97:10, 98:12, 98:15 EXHIBITS [1] - 1:2 Exhibits [3] - 3:8, 4:2, 79:11 existed [1] - 64:8 existence [4] - 9:6, 14:24, 15:9, 102:4 experience [2] - 34:6, 58:11 expires [1] - 107:24 explain [4] - 13:10, 51:9, 58:9, 92:19 explained [1] - 32:24 expressed [3] 55:16, 66:23, 66:24 eyes [1] - 44:16
F
facility [2] - 92:20, 104:17 fact [12] - 9:20, 14:24, 15:4, 31:19, 32:17, 47:9, 54:21, 56:24, 68:2, 76:10, 94:14, 96:13 fair [5] - 51:14, 66:9, 75:7, 75:9, 75:13 fairly [3] - 11:3, 22:20, 101:19 faith [1] - 75:19 fall [11] - 19:21, 27:9, 27:22, 32:7, 40:5, 42:3, 46:16, 62:1, 62:7, 62:16, 75:16 falsified [1] - 5:21 familiar [8] - 10:20, 16:17, 21:16, 33:20, 34:5, 42:19, 42:22, 42:23 familiarize [2] 12:13, 63:14 far [4] - 51:16, 75:18, 86:5, 100:1 FAX [1] - 1:24 Fax [1] - 3:22 February [9] - 80:24,
81:19, 82:1, 82:2, 83:22, 84:8, 86:2, 87:9, 88:8 feet [3] - 82:12, 83:4, 86:6 few [7] - 44:1, 54:12, 61:16, 68:23, 91:9, 100:17, 100:19 field [1] - 38:14 file [1] - 16:2 filed [1] - 25:11 final [1] - 100:11 financial [3] - 25:11, 25:14, 38:20 financially [1] 107:15 financials [1] - 28:13 fine [2] - 59:7, 105:15 fire [1] - 48:24 firm [1] - 22:13 first [18] - 6:2, 9:2, 12:18, 13:1, 14:21, 16:8, 32:19, 35:11, 37:22, 39:2, 49:24, 60:2, 86:23, 87:1, 92:21, 95:14, 102:11, 103:6 five [4] - 73:12, 92:7, 100:18, 102:11 five-minute [1] 100:18 flat [1] - 55:19 Floor [2] - 1:19, 2:3 FLOREANO [1] - 1:10 folks [4] - 20:1, 52:21, 69:23, 73:4 FOLLANSBEE [60] 6:5, 10:17, 11:6, 11:9, 12:17, 16:7, 16:12, 20:22, 25:24, 27:19, 27:21, 28:22, 29:4, 30:14, 30:19, 31:17, 39:5, 39:21, 42:8, 42:13, 43:17, 43:22, 48:13, 56:17, 57:10, 59:3, 59:7, 59:9, 62:21, 63:2, 65:18, 65:21, 65:23, 69:3, 72:6, 72:11, 77:8, 77:13, 78:3, 78:5, 78:10, 83:24, 84:5, 84:16, 85:14, 85:19, 90:21, 91:9, 91:12, 91:17, 95:21, 98:10, 98:14, 100:17, 100:22, 104:24, 105:5, 105:8, 105:12,
105:14 Follansbee [4] - 1:19, 2:2, 2:3, 3:4 followed [1] - 55:1 following [1] - 98:22 follows [1] - 6:3 footnote [1] - 78:13 FORD [1] - 1:11 foregoing [1] - 106:4 form [4] - 5:8, 97:15, 97:18, 98:20 formed [2] - 38:19, 89:9 forth [1] - 107:8 forthcoming [1] 94:5 forward [1] - 79:12 forwarded [1] - 72:3 four [1] - 21:10 frame [4] - 50:10, 60:23, 62:18, 90:12 Friday [1] - 16:2 friend [3] - 18:9, 18:16, 21:22 front [3] - 73:17, 85:20, 86:20 froze [1] - 33:5 frozen [2] - 33:3, 34:17 frustrated [1] - 54:13 frustration [7] 51:23, 54:14, 54:15, 55:9, 55:16, 57:14, 59:13 full [1] - 97:4
G
GARRITY [1] - 1:11 General [27] - 3:14, 46:20, 50:10, 51:3, 51:24, 56:6, 57:14, 57:18, 57:22, 57:23, 57:24, 59:11, 59:23, 60:4, 60:14, 60:21, 61:15, 61:23, 76:2, 77:1, 77:4, 77:5, 77:6, 77:19, 77:24, 78:18, 78:21 general [8] - 13:18, 34:20, 48:9, 53:3, 53:4, 60:17, 60:24, 61:24 General's [5] - 60:1, 61:17, 76:1, 76:9, 86:22 generally [1] - 81:3 gentleman [1] - 69:24
given [10] - 16:14, 16:18, 19:4, 28:19, 31:6, 50:17, 63:10, 93:6, 101:24, 107:10 Golf [82] - 2:16, 4:4, 4:9, 8:24, 11:21, 12:10, 12:11, 12:21, 13:4, 13:11, 13:24, 15:9, 16:15, 17:3, 19:14, 21:5, 21:14, 23:18, 24:6, 24:20, 27:23, 28:9, 28:18, 29:17, 32:11, 33:4, 37:15, 37:23, 38:5, 39:7, 40:5, 41:10, 41:15, 44:14, 44:24, 47:3, 47:7, 47:10, 47:11, 47:18, 47:21, 47:23, 48:2, 48:10, 48:16, 51:10, 51:16, 52:22, 53:13, 53:17, 55:12, 58:10, 63:22, 65:4, 65:8, 73:15, 75:6, 78:1, 79:10, 80:22, 81:6, 81:22, 82:14, 84:7, 88:1, 89:10, 90:12, 90:17, 92:1, 93:8, 94:17, 95:22, 98:24, 99:3, 99:13, 101:18, 101:19, 101:21, 103:4, 104:10 GOLF [2] - 1:6, 1:12 golf [14] - 13:12, 21:4, 21:7, 21:17, 47:24, 48:6, 52:23, 80:13, 88:1, 88:8, 92:1, 95:24, 100:23, 101:3 Golf's [2] - 95:24, 102:20 golfer [1] - 21:8 GORDON [1] - 1:11 Gordon [4] - 23:21, 50:15, 74:10, 76:24 government [11] 6:21, 7:12, 8:15, 18:17, 22:5, 23:17, 39:2, 69:13, 70:7, 73:4, 80:10 graduate [1] - 8:9 Granite [2] - 1:19, 2:3 granted [1] - 91:7 great [3] - 65:20, 65:21 greater [1] - 33:6
OF SHAWN DAHLEN
Page 5 - 5
guaranteeing [1] 39:12 guess [8] - 8:12, 35:5, 36:1, 36:6, 37:5, 49:4, 71:9, 91:6 guessing [1] - 16:19 guy [2] - 50:17, 50:18
H
half [1] - 30:4 halfway [1] - 16:22 hall [2] - 28:12, 68:12 hand [1] - 107:19 handed [13] - 16:11, 29:3, 30:18, 42:12, 43:21, 63:1, 72:10, 77:12, 78:9, 84:4, 85:18, 91:16, 98:17 handle [1] - 45:3 hands [1] - 102:24 hang [1] - 105:12 happily [1] - 93:18 happy [2] - 52:21, 93:14 hard [1] - 99:6 Hardoon [1] - 2:6 harmless [1] - 5:19 hate [1] - 34:19 Health [2] - 7:1, 7:6 hear [1] - 75:11 heard [12] - 38:10, 38:12, 38:14, 53:2, 53:3, 53:4, 53:5, 53:7, 53:19, 85:11, 94:20, 99:10 hearing [27] - 15:15, 23:14, 26:2, 26:6, 26:11, 28:4, 29:11, 31:1, 32:9, 34:1, 34:21, 34:22, 35:1, 46:16, 62:17, 67:5, 67:7, 67:8, 68:7, 74:17, 75:1, 75:3, 75:4, 90:11, 90:15, 90:18, 102:17 Hearing [1] - 91:23 hearings [3] - 19:20, 23:14, 66:16 held [1] - 101:5 help [2] - 27:17, 50:1 hereby [2] - 106:3, 107:7 hereinbefore [1] 107:8 hereunto [1] - 107:18 high [1] - 7:22 High [2] - 7:23, 8:9
highest [1] - 78:14 highlighted [1] 42:15 Hill [17] - 2:9, 4:3, 4:8, 12:11, 37:16, 38:17, 55:12, 64:6, 64:8, 80:21, 80:22, 81:6, 81:22, 82:14, 84:7, 91:24, 104:10 HILL [1] - 1:9 hire [5] - 48:24, 52:15, 52:16, 52:18, 52:19 hired [2] - 68:3, 68:5 hold [3] - 5:19, 6:13, 8:16 honest [1] - 68:12 honestly [1] - 93:2 horse [2] - 105:9, 105:10 hour [1] - 87:7 hours [3] - 87:6, 87:7, 87:8 house [1] - 52:16 housing [2] - 8:19, 8:20 humble [1] - 42:4 hundreds [1] - 90:4
I
idea [3] - 78:19, 79:22, 87:5 Identification [13] 16:9, 29:1, 30:16, 42:10, 43:19, 62:23, 72:8, 77:10, 78:7, 84:2, 85:16, 91:14, 98:12 identify [1] - 6:6 identity [2] - 5:15, 5:21 IFB [27] - 4:3, 4:8, 56:3, 56:4, 56:9, 56:10, 57:6, 61:18, 79:13, 79:15, 79:23, 80:3, 80:11, 80:15, 80:18, 84:6, 87:9, 87:14, 89:2, 94:22, 95:1, 95:3, 95:6, 97:3, 97:9, 98:6, 98:15 IFP [1] - 56:7 IG [2] - 50:22, 50:24 ignore [1] - 101:9 imagine [1] - 93:12 imminently [1] - 94:3 impartial [3] - 75:7, 75:9, 75:13
implicates [1] - 65:16 important [1] - 88:14 IN [1] - 107:18 inappropriate [1] 59:19 Inc [3] - 2:16, 52:15, 52:17 INC [3] - 1:6, 1:12, 1:22 included [4] - 16:6, 94:15, 95:9, 99:19 includes [1] - 34:22 including [3] - 5:9, 16:5, 58:5 inconsistencies [1] 75:5 incorporated [1] 101:21 indicate [2] - 86:21, 98:18 indicated [12] 54:12, 55:17, 57:13, 57:18, 58:15, 59:12, 61:16, 62:16, 74:2, 74:22, 79:18, 94:22 indicates [8] - 16:24, 35:16, 49:12, 73:21, 77:15, 78:12, 97:18, 97:22 individual [2] - 69:12, 103:13 individually [1] - 37:7 individuals [5] 23:16, 38:20, 53:2, 95:20, 97:23 industry [2] - 52:9, 52:11 information [6] 12:5, 16:3, 16:5, 35:18, 77:18, 79:6 informed [5] - 41:20, 62:14, 78:13, 93:10, 94:3 informs [1] - 96:10 infrequent [2] - 21:8, 21:11 input [1] - 51:21 inquiry [1] - 23:16 Inspectional [1] 82:8 Inspector [28] 46:20, 50:10, 51:3, 51:24, 56:6, 57:14, 57:22, 57:24, 59:11, 59:22, 60:1, 60:3, 60:14, 60:21, 61:15, 61:17, 61:23, 75:24, 76:2, 76:8, 77:1, 77:5,
77:6, 77:19, 77:23, 78:18, 78:21, 86:22 instance [2] - 44:10, 44:11 instead [1] - 61:18 Institute [1] - 8:3 insubstantial [1] 78:1 insurance [2] - 45:20, 46:10 interest [3] - 45:12, 45:15, 87:19 interested [1] 107:16 interests [1] - 52:6 interpretation [1] 105:2 involved [4] - 7:11, 12:1, 36:11, 58:7 irresponsible [1] 101:8 issue [25] - 13:23, 14:12, 19:12, 25:4, 25:10, 25:13, 25:14, 25:15, 27:21, 29:24, 31:18, 32:14, 60:7, 67:5, 68:8, 74:16, 74:18, 74:20, 74:21, 82:19, 84:22, 88:15, 90:16, 90:23 issued [1] - 55:11 issues [7] - 19:13, 24:15, 25:6, 25:8, 25:20, 28:15, 92:16 items [1] - 29:20 itself [5] - 12:14, 24:13, 43:10, 57:20, 58:2
13:11, 13:24, 15:9, 16:15, 17:3, 19:14, 23:18, 24:6, 24:16, 24:19, 27:23, 28:5, 28:9, 28:18, 29:10, 29:13, 29:14, 29:17, 31:19, 31:21, 32:11, 33:4, 33:10, 39:23, 40:5, 40:10, 40:17, 41:10, 41:15, 44:13, 44:23, 46:18, 47:10, 51:10, 52:22, 53:13, 53:17, 53:18, 55:12, 58:8, 63:22, 65:4, 65:8, 73:15, 75:5, 87:24, 88:8, 88:19 Johnson's [2] 35:11, 35:15 joint [1] - 58:22 JR [1] - 1:10 Judge [1] - 62:2 judge [4] - 29:24, 30:3, 62:17, 105:3 Judgment [1] - 3:18 judgment [3] - 62:3, 62:4, 75:23 July [2] - 1:20, 107:19 juncture [1] - 32:7
K
Kearney [1] - 19:1 keep [2] - 20:23, 21:2 keeps [1] - 41:19 Kesten [2] - 2:6, 2:6 KESTEN [10] - 7:7, 57:9, 65:15, 65:19, 77:5, 104:22, 105:1, 105:7, 105:10, 105:16 kind [3] - 36:20, 39:15, 78:2 knowing [4] - 17:21, 26:11, 46:7, 96:24 knowledge [11] 23:8, 23:20, 46:5, 46:8, 57:19, 59:17, 59:18, 59:20, 62:12, 86:9, 97:4 knowledgeable [1] 76:13 known [2] - 38:4, 73:11 Kreiger [3] - 2:10, 2:11, 65:17 KREIGER [28] -
J
James [1] - 1:17 JAMES [3] - 1:11, 107:3, 107:23 January [5] - 3:21, 3:23, 37:24, 38:5, 80:23 Jason [2] - 2:15, 4:5 jeopardy [1] - 32:2 job [1] - 10:13 jobs [1] - 95:14 John [2] - 18:19, 18:22 JOHNSON [1] - 1:6 Johnson [57] - 2:15, 2:16, 8:23, 11:21, 12:9, 12:21, 13:4,
OF SHAWN DAHLEN
Page 6 - 6
19:16, 38:8, 44:5, 51:17, 52:24, 56:16, 56:18, 59:5, 64:18, 66:10, 66:20, 68:17, 69:1, 69:17, 70:9, 70:20, 72:24, 75:22, 76:21, 79:8, 79:20, 82:4, 84:14, 93:23, 94:19, 95:12, 103:5, 103:16
L
lack [1] - 101:9 lacked [1] - 78:14 Lambiagase [1] 83:8 land [1] - 85:9 landscaper [1] - 6:12 landscaping [2] 23:4, 23:7 Landscaping [1] 23:10 language [2] - 74:3, 80:18 LANZETTA [1] - 1:12 Lanzetta [2] - 48:6, 48:10 Laramee [4] - 2:15, 4:5, 86:12, 86:14 last [7] - 27:15, 33:4, 62:19, 71:9, 71:10, 73:7, 98:6 late [1] - 60:3 law [4] - 36:10, 41:13, 58:23, 104:13 laws [9] - 42:20, 43:1, 44:3, 103:18, 103:20, 104:1, 104:5, 104:7, 105:6 Laws [1] - 3:14 lawsuit [2] - 9:6, 41:15 lawyer [1] - 37:3 least [8] - 7:14, 21:6, 34:10, 44:16, 63:16, 66:3, 98:1, 102:11 legal [5] - 40:19, 40:22, 44:17, 52:8, 64:14 Leonard [1] - 2:6 less [5] - 56:11, 56:13, 56:21, 79:21 Letter [1] - 3:21 letter [5] - 3:22, 35:11, 35:15, 93:4, 104:12
License [1] - 91:23 license [11] - 27:4, 90:11, 90:13, 90:14, 90:18, 90:19, 91:1, 91:7, 92:8, 93:21, 102:17 licensed [1] - 25:17 lieu [1] - 33:11 lifetime [1] - 21:10 likely [1] - 74:15 limited [2] - 37:17, 78:23 line [2] - 47:4, 49:14 liquor [9] - 90:11, 90:13, 90:14, 90:18, 90:19, 91:1, 92:8, 93:21, 102:17 Liquor [1] - 91:23 list [2] - 29:20, 60:18 listening [1] - 70:4 litigated [1] - 55:7 litigation [17] - 8:22, 10:20, 10:24, 11:20, 11:22, 12:21, 13:4, 17:16, 28:10, 36:11, 41:20, 43:7, 54:16, 54:20, 65:5, 66:8, 66:15 lived [1] - 7:17 living [1] - 52:2 LLP [4] - 1:19, 2:3, 2:6, 2:11 local [2] - 8:19 Longo [2] - 17:5, 17:17 look [10] - 16:17, 32:14, 44:1, 49:10, 68:15, 69:4, 69:6, 72:18, 81:1, 96:12 looking [4] - 19:6, 66:4, 80:5, 92:8 Lyons [1] - 1:17 LYONS [3] - 1:22, 107:3, 107:23 lyons.com [1] - 1:24
M
MA [1] - 1:23 MacDonald [15] 23:24, 24:8, 34:16, 35:9, 39:6, 41:7, 47:5, 58:12, 60:9, 60:19, 62:15, 64:22, 67:12, 79:3, 92:23 MacDonald's [1] 58:9
mail [12] - 3:19, 71:14, 71:17, 71:18, 71:19, 71:21, 71:24, 72:3, 72:15, 74:7, 74:10, 99:22 major [2] - 7:4, 7:7 manage [2] - 38:16, 47:16 managed [1] - 45:8 Management [20] 2:16, 3:9, 4:3, 4:8, 8:24, 12:10, 12:21, 13:4, 13:24, 15:9, 16:16, 17:4, 19:15, 23:18, 24:6, 41:16, 52:23, 53:14, 53:17, 63:22 management [2] 19:5, 33:4 MANAGEMENT [1] 1:6 Manager [8] - 3:16, 41:17, 43:13, 43:24, 49:7, 96:22, 97:1, 104:6 manager [24] - 17:7, 17:8, 24:1, 27:11, 33:1, 40:18, 40:20, 41:18, 43:14, 44:6, 45:8, 45:17, 48:22, 49:2, 49:16, 50:6, 50:8, 50:14, 90:10, 96:22, 103:7, 103:21, 104:1 manner [4] - 57:21, 58:2, 58:4, 58:16 Manning [1] - 1:11 March [7] - 4:9, 6:18, 9:5, 9:13, 10:19, 86:11, 98:16 Margaret [1] - 19:1 Marion [1] - 21:3 mark [4] - 30:14, 43:17, 91:12, 98:10 marked [34] - 16:8, 16:10, 16:13, 24:7, 28:23, 29:2, 29:5, 30:17, 30:19, 31:7, 42:8, 42:11, 42:14, 43:20, 43:23, 62:21, 62:24, 63:3, 72:7, 72:9, 72:12, 72:13, 77:9, 77:11, 78:6, 78:8, 78:12, 83:24, 84:3, 85:15, 85:17, 91:15, 91:18, 98:13 MARLBOROUGH [1] - 1:10
Martechinni [3] 17:19, 17:24, 18:15 Mass [1] - 6:10 MASSACHUSETTS [1] - 1:3 Massachusetts [11] 1:16, 1:18, 1:20, 2:4, 2:8, 2:12, 5:16, 36:15, 36:16, 107:2, 107:6 material [1] - 29:16 math [1] - 8:12 matter [4] - 42:5, 45:20, 55:13, 82:12 max [1] - 87:7 McLeod [2] - 1:19, 2:3 mean [4] - 53:11, 61:20, 69:21, 105:1 meaning [5] - 24:2, 35:9, 60:3, 62:2, 94:16 means [2] - 64:10, 64:13 meant [1] - 56:13 meet [1] - 80:7 meeting [39] - 3:13, 11:9, 16:5, 24:10, 24:13, 26:9, 28:18, 29:17, 30:3, 31:8, 46:19, 50:9, 50:13, 50:19, 50:20, 51:6, 51:8, 51:9, 51:19, 51:21, 51:22, 57:13, 57:17, 59:10, 59:15, 61:22, 68:7, 70:11, 73:8, 75:24, 77:23, 78:20, 85:10, 86:22, 87:3, 93:1, 93:19, 99:8, 102:15 Meeting [1] - 4:6 Mello [1] - 27:12 member [14] - 11:13, 12:19, 13:2, 13:7, 17:22, 18:20, 20:7, 20:9, 20:12, 21:12, 21:13, 21:19, 26:23, 33:1 members [3] - 16:1, 20:3, 96:11 Memorandum [1] 3:17 memory [54] - 13:14, 13:16, 13:19, 14:20, 24:11, 24:13, 28:15, 29:16, 29:18, 30:8, 30:11, 31:6, 31:14, 33:16, 34:11, 35:1,
41:4, 47:12, 50:9, 51:5, 60:24, 61:4, 61:7, 66:2, 66:11, 67:11, 76:7, 76:18, 76:22, 76:23, 77:22, 79:6, 79:9, 81:10, 81:11, 81:15, 83:14, 86:16, 86:18, 87:16, 87:24, 88:23, 89:23, 90:3, 94:7, 95:2, 96:13, 99:17, 100:1, 100:3, 100:5, 100:9 mentioned [1] - 35:10 met [4] - 17:11, 29:14, 50:24, 61:15 MICHAEL [3] - 1:9, 1:10, 1:11 Middlesex [1] - 107:2 MIDDLESEX [1] - 1:4 might [3] - 30:11, 31:20, 50:22 million [1] - 30:5 mind [2] - 62:19, 100:9 minority [1] - 66:6 minute [2] - 59:6, 100:18 minutes [5] - 44:1, 54:12, 61:16, 66:4, 91:19 Minutes [1] - 4:6 misplaces [1] - 55:5 misrepresentations [1] - 35:23 misstating [1] 103:24 mistake [1] - 40:21 moment [1] - 7:8 Monday [4] - 1:20, 4:9, 16:5, 98:16 money [4] - 31:20, 32:6, 95:17 monies [1] - 32:1 months [3] - 71:9, 71:11, 73:7 most [4] - 76:13, 76:15, 92:17, 95:14 motion [1] - 62:3 Motion [1] - 3:18 motions [1] - 5:9 move [4] - 42:6, 42:7, 64:12, 105:7 moved [1] - 64:17 moves [1] - 64:14 MR [98] - 6:5, 7:7, 10:17, 11:6, 11:9, 12:17, 16:7, 16:12, 19:16, 20:22,
OF SHAWN DAHLEN
Page 7 - 7
25:24, 27:19, 27:21, 28:22, 29:4, 30:14, 30:19, 31:17, 38:8, 39:5, 39:21, 42:8, 42:13, 43:17, 43:22, 44:5, 48:13, 51:17, 52:24, 56:16, 56:17, 56:18, 57:9, 57:10, 59:3, 59:5, 59:7, 59:9, 62:21, 63:2, 64:18, 65:15, 65:18, 65:19, 65:21, 65:23, 66:10, 66:20, 68:17, 69:1, 69:3, 69:17, 70:9, 70:20, 72:6, 72:11, 72:24, 75:22, 76:21, 77:5, 77:8, 77:13, 78:3, 78:5, 78:10, 79:8, 79:20, 82:4, 83:24, 84:5, 84:14, 84:16, 85:14, 85:19, 90:21, 91:9, 91:12, 91:17, 93:23, 94:19, 95:12, 95:21, 98:10, 98:14, 100:17, 100:22, 103:5, 103:16, 104:22, 104:24, 105:1, 105:5, 105:7, 105:8, 105:10, 105:12, 105:14, 105:16 multi [1] - 104:20 multimillion [1] 104:17 multis [1] - 104:21 mundane [1] - 53:6 municipalities [1] 54:16 municipality [2] 52:7, 54:9 Murray [1] - 27:17 must [1] - 7:19 MUSTARD [1] - 1:10 mutual [2] - 18:14, 33:8
N
name [4] - 6:7, 23:9, 27:15, 62:19 names [1] - 60:18 narrower [1] - 70:21 nature [1] - 20:5 necessarily [1] 58:24
need [4] - 7:3, 45:13, 56:14, 87:19 needed [1] - 99:15 needs [5] - 16:3, 45:10, 45:12, 50:7, 99:18 negated [1] - 43:7 negotiate [2] - 49:16, 104:2 Nest [1] - 23:9 never [6] - 29:14, 53:16, 62:19, 65:1, 86:7, 103:10 new [6] - 38:19, 41:15, 42:1, 44:22, 101:19 newly [1] - 89:9 newspaper [2] 67:15, 68:1 next [19] - 28:23, 30:15, 39:24, 40:14, 40:19, 40:22, 41:2, 41:7, 42:9, 43:18, 62:22, 72:7, 77:9, 78:6, 84:1, 85:15, 87:14, 91:13, 98:11 night [2] - 26:14, 30:13 NO [1] - 1:4 nobody [2] - 58:6, 80:19 nominated [1] - 10:2 nomination [1] - 10:4 noncompliance [1] 28:16 nonlegal [1] - 42:4 nonspecific [1] 13:16 noontime [1] - 98:16 NORTH [1] - 1:9 North [17] - 2:9, 4:3, 4:8, 12:11, 37:16, 38:16, 55:12, 64:6, 64:8, 80:21, 80:22, 81:6, 81:21, 82:13, 84:7, 91:24, 104:10 notarial [1] - 107:19 Notaries [1] - 5:17 Notary [3] - 1:18, 5:19, 107:5 nothing [5] - 20:20, 55:22, 68:12, 74:24, 88:4 notice [2] - 41:11, 94:9 November [3] - 63:5, 63:8, 79:5 number [6] - 16:21, 35:18, 44:6, 72:20,
O
oath [1] - 6:3 oaths [1] - 5:17 object [1] - 56:17 objection [20] 19:16, 38:8, 44:5, 51:17, 52:24, 56:16, 56:19, 64:18, 66:10, 66:20, 69:17, 70:9, 79:8, 79:20, 84:14, 93:23, 94:19, 95:12, 103:5, 103:16 objections [1] - 5:8 occasion [2] - 33:3, 55:10 occasionally [1] 22:10 occasions [2] 35:19, 66:13 occupation [2] - 6:7, 23:6 October [16] - 3:11, 3:12, 3:20, 23:15, 26:12, 29:6, 29:11, 31:1, 32:10, 35:12, 40:16, 67:9, 68:8, 72:16, 73:2, 73:8 OF [4] - 1:3, 1:9, 1:15, 106:15 offending [1] - 99:9 offered [1] - 102:22 office [6] - 6:13, 60:2, 76:1, 76:9, 78:13, 86:23 Office [3] - 46:19, 51:3, 82:8 offices [1] - 1:19 official [2] - 17:21, 43:2 officials [3] - 17:2, 17:14, 59:20 OFFICIO [1] - 1:12 often [3] - 21:24, 67:22, 99:10 oftentimes [2] 38:18, 58:21 old [1] - 71:17 once [4] - 10:15, 20:16, 40:15, 44:18 One [2] - 2:7, 2:11 one [31] - 11:24, 12:23, 14:13, 20:17, 24:15, 25:6,
25:18, 33:3, 36:8, 42:4, 51:2, 61:1, 62:9, 62:10, 66:5, 68:16, 70:6, 76:3, 77:6, 81:16, 84:18, 84:19, 85:8, 85:13, 87:7, 89:5, 89:14, 92:16, 97:22, 98:6, 102:24 onerous [1] - 56:21 ones [3] - 7:4, 50:4, 95:15 ongoing [3] - 23:17, 41:23, 41:24 open [1] - 83:19 opened [2] - 61:8, 76:3 opening [10] - 81:18, 82:7, 82:17, 82:19, 83:14, 83:17, 83:20, 83:21, 84:8, 86:2 openings [1] - 81:21 operate [1] - 104:17 operating [4] - 12:10, 13:11, 13:17, 47:23 operation [1] - 48:20 operator [3] - 100:23, 101:2, 101:6 opinion [3] - 43:9, 45:16, 51:12 option [2] - 64:2, 65:3 options [3] - 64:3, 64:5, 102:23 Order [1] - 3:18 order [6] - 12:11, 12:14, 13:18, 34:12, 63:4, 87:14 ordered [1] - 30:3 original [1] - 90:20 otherwise [2] 100:14, 107:16 outcome [1] - 107:16 outlined [1] - 80:8 outside [4] - 25:16, 68:3, 70:8, 74:22 outstanding [1] 11:20 oversee [1] - 44:6 owes [1] - 95:17 own [2] - 34:5, 36:3 owned [2] - 89:12, 104:17 owns [1] - 18:7
P
p.m [5] - 1:20, 82:1, 82:3, 83:22, 105:18
packet [4] - 15:20, 15:22, 16:6, 19:5 Packet [1] - 3:10 packets [2] - 15:21, 99:20 Page [3] - 3:2, 3:8, 4:2 page [15] - 16:21, 29:19, 29:20, 35:15, 42:16, 49:10, 63:7, 72:19, 78:11, 85:22, 91:22, 97:11, 97:19, 98:18 pages [3] - 31:2, 49:9, 68:20 PAGES [1] - 1:1 paper [1] - 104:11 paperwork [1] - 80:7 paragraph [9] 32:19, 35:11, 35:13, 73:21, 74:1, 74:5, 77:14, 85:23 part [7] - 14:10, 17:13, 28:9, 64:13, 75:19, 90:17, 90:20 particular [6] - 26:9, 26:14, 45:18, 52:7, 52:13, 53:24 particularly [1] - 19:7 parties [4] - 5:3, 5:18, 43:8, 107:14 partner [1] - 58:23 partnership [1] - 8:19 party [4] - 36:8, 36:9, 44:18, 47:15 past [2] - 40:10, 82:21 payment [2] - 25:13, 55:20 payments [3] - 24:17, 24:20, 24:23 PENALTIES [1] 106:15 penalties [1] - 5:5 pending [4] - 10:23, 11:24, 41:20, 44:17 people [8] - 27:9, 53:7, 53:13, 53:20, 54:1, 61:11, 80:5, 87:23 percent [2] - 69:14, 70:8 perform [2] - 78:15, 87:22 performance [7] 31:24, 32:3, 36:21, 52:5, 93:3, 101:4, 102:7 period [1] - 80:23
OF SHAWN DAHLEN
Page 8 - 8
perjury [1] - 5:5 PERJURY [1] 106:15 Perkins [1] - 2:6 permitted [1] - 95:10 person [5] - 49:24, 52:13, 53:24, 71:3, 74:2 personal [1] - 20:4 personally [2] - 17:9, 17:10 personnel [1] - 21:16 perspective [1] - 42:6 pertinent [1] - 16:3 phonetic [3] - 18:19, 56:7, 57:18 phrased [1] - 40:3 Pilgrim [19] - 89:9, 90:12, 90:17, 91:1, 92:1, 93:8, 94:16, 95:22, 95:24, 98:24, 99:3, 99:12, 101:18, 101:19, 101:21, 102:12, 102:20, 103:4, 103:15 pipes [3] - 33:2, 33:5, 34:17 place [16] - 11:1, 22:8, 23:14, 26:12, 28:1, 29:11, 32:3, 32:9, 34:18, 35:3, 35:6, 46:16, 46:23, 85:3, 87:4, 97:19 Plaintiff [4] - 1:7, 1:16, 2:4, 6:2 play [2] - 21:4, 99:6 playing [1] - 21:6 Plaza [1] - 2:7 Plymouth [3] - 36:19, 41:9, 42:2 point [26] - 9:6, 12:6, 19:19, 33:20, 35:7, 38:11, 40:19, 40:23, 45:19, 48:18, 63:21, 65:7, 65:18, 65:20, 65:21, 66:22, 66:24, 80:15, 84:11, 84:19, 87:24, 92:11, 98:8, 104:22, 104:24 policy [2] - 26:15, 50:17 policymakers [1] 48:23 politics [2] - 11:17, 11:18 portions [2] - 42:16, 68:22
position [5] - 6:17, 44:14, 55:6, 55:8, 101:12 positions [4] - 6:21, 7:12, 7:13, 8:15 possibility [4] 64:19, 80:21, 81:5, 101:11 possible [4] - 82:16, 86:13, 86:15, 89:22 possibly [2] - 19:8, 62:18 post [1] - 88:19 posted [5] - 88:2, 90:17, 90:19, 91:2, 92:13 posting [1] - 92:21 potential [3] - 54:16, 87:15, 104:6 practice [2] - 45:5, 58:23 preferred [1] - 79:19 premises [1] - 25:17 preparation [2] 15:14, 24:10 preparing [1] - 85:9 PRESENT [1] - 2:14 present [2] - 5:13, 82:18 presentation [2] 10:22, 11:19 presented [1] - 28:17 President [1] - 17:3 presume [3] - 35:6, 76:17, 76:20 pretty [1] - 7:19 previous [3] - 43:7, 81:16, 96:18 price [1] - 76:2 prices [1] - 76:4 primarily [1] - 31:19 principal [1] - 23:6 principals [3] - 39:11, 89:14, 89:17 private [6] - 38:24, 52:2, 52:9, 52:11, 53:23, 54:3 privy [1] - 61:11 problem [2] - 87:17, 87:22 Procedure [1] - 1:17 procedure [3] - 28:3, 79:15, 79:16 procedures [3] 54:22, 54:23, 54:24 proceed [1] - 51:12 proceeding [3] 41:9, 42:2, 44:20 process [21] - 40:1, 51:11, 52:1, 55:2,
55:10, 55:24, 56:24, 57:2, 57:3, 57:6, 57:15, 57:21, 58:7, 59:21, 79:23, 79:24, 80:3, 80:5, 92:13, 92:14 PROFESSIONAL [1] - 1:23 prohibit [1] - 94:16 project [1] - 47:14 projects [1] - 22:16 prompted [1] - 35:13 proper [7] - 25:12, 51:12, 57:20, 58:2, 58:4, 58:16, 58:17 properly [1] - 55:1 property [1] - 32:18 proposal [6] - 47:14, 55:11, 58:19, 78:14, 78:22, 89:18 proposals [1] - 76:3 propose [1] - 9:21 proposed [8] - 61:10, 65:5, 65:9, 94:11, 94:24, 97:3, 97:11, 99:14 proposer [1] - 94:16 prospective [2] 97:9, 98:1 protect [2] - 87:19, 101:5 provide [2] - 93:14, 102:5 provided [8] - 15:16, 29:16, 30:13, 35:17, 93:11, 93:17, 93:18, 102:13 providing [1] - 43:14 provision [2] - 94:8, 94:15 provisions [2] - 1:16, 54:9 public [5] - 8:20, 15:14, 54:6, 54:8, 66:16 Public [5] - 1:18, 5:17, 5:20, 91:23, 107:5 pull [1] - 103:23 purchase [1] - 36:22 purported [1] - 17:6 pursuant [1] - 1:16 put [7] - 15:19, 26:13, 26:17, 27:5, 27:7, 80:11, 80:18 puts [2] - 55:6, 55:7 putting [3] - 67:2, 94:2, 102:22 puzzled [1] - 47:9
Q
qualifications [2] 56:14, 58:19 qualify [1] - 21:11 questioning [2] 67:11, 94:17 questions [4] - 50:21, 68:23, 100:18, 104:23 quite [1] - 99:10 quote [1] - 86:5 quoted [1] - 67:22
R
raise [1] - 38:15 ran [1] - 15:10 rather [3] - 50:18, 79:19, 79:23 rating [1] - 55:4 RDR [1] - 107:23 re [1] - 3:18 reach [1] - 47:12 reached [1] - 51:15 react [1] - 28:19 reaction [2] - 53:19, 53:22 read [19] - 5:4, 31:11, 34:2, 35:20, 43:9, 43:11, 55:10, 63:14, 67:15, 67:18, 68:22, 70:22, 70:24, 74:8, 74:13, 83:11, 85:23, 96:5, 106:4 reading [5] - 29:16, 41:17, 45:5, 68:1, 92:12 realize [1] - 56:7 really [2] - 38:20, 68:4 Realtime [2] - 1:18, 107:5 reason [2] - 53:23, 65:1 rebid [4] - 47:13, 47:15, 47:17, 48:15 receipt [1] - 5:6 receive [5] - 8:5, 63:13, 99:13, 99:18, 99:22 received [6] - 40:9, 41:11, 73:10, 74:8, 74:10, 79:11 receiving [4] - 29:6, 29:8, 37:13, 72:15 recent [1] - 71:8
recently [4] - 65:10, 65:11, 67:16, 71:7 recess [3] - 59:8, 91:11, 100:21 reclassify [1] - 102:9 recollection [1] - 76:6 recommendation [1] - 93:24 record [13] - 11:7, 11:8, 27:19, 27:20, 59:3, 59:4, 69:1, 69:2, 78:3, 78:4, 105:13, 106:6, 107:10 recreate [1] - 81:1 refer [1] - 45:19 reference [1] - 90:19 referring [2] - 55:18, 57:23 refresh [4] - 30:8, 30:11, 31:6, 66:11 refreshed [1] - 96:13 regard [10] - 11:19, 28:16, 29:15, 44:14, 44:22, 45:18, 51:24, 55:19, 84:22, 99:12 regarding [22] 10:23, 11:20, 12:20, 13:3, 14:12, 14:23, 19:14, 24:9, 24:22, 33:14, 34:13, 34:17, 35:9, 44:4, 51:10, 60:6, 64:5, 64:6, 66:15, 76:14, 83:3, 90:16 regards [4] - 12:2, 25:15, 59:16, 59:20 Registered [2] - 1:17, 107:4 REGISTERED [1] 1:23 regular [1] - 38:23 reject [3] - 60:4, 60:14, 60:22 rejected [4] - 61:6, 61:7, 79:4, 79:10 rejection [1] - 60:7 relationship [5] 11:16, 17:23, 18:2, 20:2, 20:5 relative [2] - 107:13, 107:14 relatively [1] - 11:5 relying [1] - 58:3 remember [54] - 11:2, 13:20, 14:6, 14:7, 14:15, 15:13, 24:15, 24:18, 24:21, 24:22, 25:1,
OF SHAWN DAHLEN
Page 9 - 9
10
25:2, 25:3, 25:8, 25:10, 28:11, 30:6, 32:13, 33:11, 33:17, 48:18, 51:8, 60:11, 62:8, 62:19, 68:14, 69:8, 72:15, 72:17, 76:24, 77:2, 77:17, 81:18, 81:23, 82:5, 82:17, 83:17, 88:12, 88:17, 90:5, 90:7, 90:11, 90:13, 90:14, 90:15, 90:16, 90:23, 91:4, 92:2, 92:4, 94:10, 96:3, 96:14, 99:5 removal [1] - 55:19 remove [1] - 33:9 rent [1] - 40:10 repeat [2] - 12:23, 38:2 rephrase [1] - 64:9 reported [2] - 38:6, 101:10 Reporter [5] - 1:17, 1:18, 107:4, 107:5 REPORTERS [1] 1:23 reporting [1] - 37:24 REPORTING [1] 1:22 representation [2] 34:16, 78:17 representations [1] 36:2 representatives [1] 46:21 represented [1] 34:11 reputation [1] - 48:6 request [4] - 43:2, 55:11, 74:12, 93:15 requested [1] - 93:16 require [2] - 45:1, 97:12 required [9] - 5:15, 31:24, 84:13, 84:19, 85:12, 91:2, 96:21, 102:8, 102:10 requirement [1] 54:17 requirements [1] 58:18 requires [2] - 84:18, 87:21 rescind [3] - 47:2, 73:13, 73:14 rescission [1] - 47:7 reserved [1] - 5:10
residence [1] - 35:10 residential [2] 32:17, 34:13 resolve [1] - 28:10 resolved [1] - 29:24 respect [1] - 79:2 respective [1] - 5:3 respond [1] - 28:19 response [3] - 35:8, 35:14, 74:11 responsible [1] 103:2 rest [1] - 52:9 result [1] - 100:11 resulted [1] - 87:9 resulting [1] - 33:6 return [1] - 98:15 review [11] - 10:16, 12:20, 13:3, 15:8, 16:4, 33:24, 69:9, 80:15, 89:18, 89:19, 94:24 reviewed [12] - 12:16, 13:6, 15:13, 19:4, 84:9, 94:11, 94:22, 95:3, 95:6, 95:22, 95:24, 97:3 reviewing [2] - 70:4, 85:9 revoke [2] - 94:5, 94:8 RFP [15] - 55:20, 56:1, 57:3, 58:18, 61:19, 67:6, 67:13, 68:4, 68:13, 70:7, 73:3, 74:13, 74:19, 79:19, 79:24 Richard [6] - 1:11, 23:24, 24:8, 39:9, 50:8, 87:17 rid [2] - 65:24, 87:11 rigging [1] - 12:3 rights [1] - 95:18 Ripley [1] - 27:11 road [1] - 51:16 ROBERT [1] - 1:10 Robert [2] - 11:10, 33:2 role [2] - 8:13, 11:4 room [1] - 76:14 routinely [1] - 62:14 RUFO [1] - 1:11 Rules [1] - 1:16 run [4] - 9:21, 48:21, 48:22, 53:13 running [6] - 40:6, 52:23, 80:13, 88:1, 88:8, 92:1
S
safety [1] - 8:21 sail [1] - 18:4 sailing [1] - 18:3 sale [1] - 36:22 satisfies [1] - 5:15 saw [3] - 19:22, 33:23 scheduled [1] - 83:21 school [3] - 7:21, 7:22, 8:20 School [2] - 7:23, 8:10 SCOTT [1] - 1:10 Scott [4] - 83:8, 83:10, 83:16, 83:17 seal [1] - 107:19 Sean [1] - 6:9 second [9] - 11:7, 27:16, 55:17, 72:18, 77:14, 78:11, 85:22, 89:1, 105:12 sector [5] - 52:2, 53:23, 54:3, 54:6, 54:8 security [26] - 13:23, 14:8, 14:12, 14:24, 15:5, 19:12, 28:1, 30:4, 31:18, 88:2, 88:4, 88:11, 88:14, 90:8, 90:17, 90:20, 91:2, 91:5, 93:7, 93:10, 94:2, 102:12, 102:16, 102:18, 103:4, 103:14 see [10] - 16:23, 20:15, 20:18, 21:24, 22:2, 23:5, 27:8, 31:4, 38:23, 105:4 seeking [2] - 37:16, 62:12 selectman [7] - 9:20, 11:4, 13:7, 44:17, 90:4, 101:12, 102:2 Selectman [1] - 96:4 selectmen [17] - 9:14, 23:15, 41:11, 41:13, 41:14, 46:17, 64:20, 65:24, 90:24, 97:5, 100:7, 101:8, 103:3, 103:6, 103:9, 104:3, 104:8 Selectmen [67] 3:13, 4:6, 6:15, 6:20, 8:14, 9:4, 9:9,
9:10, 9:13, 9:22, 10:16, 10:18, 11:14, 12:19, 13:2, 14:17, 15:4, 15:15, 16:1, 17:23, 18:20, 20:4, 25:23, 26:2, 26:7, 26:16, 26:24, 27:6, 27:10, 28:5, 29:10, 33:1, 41:21, 44:8, 44:9, 44:18, 45:2, 45:6, 45:14, 46:3, 46:6, 46:9, 46:13, 48:23, 49:13, 49:17, 49:22, 50:3, 50:5, 50:21, 66:5, 66:15, 66:19, 67:8, 88:18, 91:19, 96:6, 96:8, 96:11, 96:17, 96:19, 97:13, 98:3, 98:19, 99:16, 99:19, 104:15 selectmen's [5] 30:24, 67:4, 68:7, 74:16, 99:8 sent [2] - 13:7, 97:9 sentence [1] - 104:13 sequences [1] - 47:4 series [1] - 25:6 served [2] - 25:16, 46:12 services [2] - 32:2, 43:2 Services [1] - 82:8 session [4] - 10:22, 14:18, 65:16, 75:21 set [4] - 54:19, 54:21, 107:8, 107:18 sets [1] - 54:15 settle [1] - 64:17 settlement [1] - 66:1 settlements [2] 65:6, 65:9 settling [1] - 64:24 seven [1] - 20:11 several [5] - 11:24, 19:24, 32:11, 85:8, 87:6 shall [2] - 5:9, 44:6 SHAWN [7] - 1:15, 3:3, 5:12, 6:1, 106:3, 106:14, 107:7 Shawn [3] - 52:15, 52:16, 82:4 shawn@dahlenco. com [1] - 71:20 shawndahlen@aol. com [2] - 71:14, 72:1
Sheehan [12] - 21:19, 22:5, 22:9, 22:17, 80:23, 81:4, 82:11, 82:21, 83:4, 85:1, 86:8, 89:12 shoot [1] - 86:24 Shorthand [1] - 107:3 shortly [2] - 73:8, 79:11 show [1] - 90:1 showed [1] - 78:22 shown [1] - 75:18 side [1] - 65:5 sides [2] - 36:7, 75:11 sign [24] - 5:4, 39:11, 48:24, 49:3, 49:4, 49:5, 49:23, 50:3, 50:4, 50:7, 89:21, 90:4, 92:19, 95:8, 95:15, 96:11, 96:17, 97:5, 99:2, 99:7, 99:21, 100:7, 100:14, 104:7 signature [3] - 16:21, 16:24, 97:19 signatures [2] - 17:1, 97:12 SIGNED [1] - 106:15 signed [18] - 17:6, 49:6, 86:11, 90:2, 93:3, 96:4, 96:5, 96:19, 98:2, 98:19, 98:24, 99:15, 99:18, 103:10, 103:12, 103:14, 103:21, 104:14 signing [6] - 89:23, 90:5, 96:8, 97:23, 100:2, 102:5 signs [3] - 49:17, 50:8, 96:22 similar [1] - 22:10 simple [1] - 80:9 simpler [3] - 79:21, 80:2, 80:3 simply [1] - 58:16 single [3] - 43:10, 49:23, 99:8 sit [1] - 34:10 sitting [3] - 27:23, 57:4, 86:12 situation [2] - 36:6, 51:9 situations [1] - 33:18 six [5] - 71:9, 71:11, 73:7, 98:9, 102:11 skip [1] - 37:10 slot [1] - 16:2 Smith [1] - 62:2 social [3] - 11:16,
OF SHAWN DAHLEN
Page 10 - 10
11
20:5, 21:22 socially [1] - 20:15 solicit [1] - 51:11 someone [2] - 26:22, 61:8 somewhat [1] - 24:14 sorry [8] - 8:8, 18:23, 34:9, 40:21, 57:12, 57:24, 69:21, 73:14 sort [5] - 33:10, 93:4, 100:6, 101:4, 102:9 sorts [2] - 38:24, 102:23 sought [1] - 32:5 source [1] - 54:13 Special [1] - 2:12 specific [26] - 20:19, 20:20, 25:19, 28:11, 29:18, 35:13, 36:21, 41:4, 44:11, 53:22, 54:21, 55:22, 60:16, 61:22, 61:23, 62:8, 66:2, 66:12, 67:17, 68:14, 71:3, 76:23, 79:9, 80:7, 88:23, 95:2 specifically [23] 13:15, 24:3, 29:8, 30:1, 30:6, 32:8, 33:15, 33:17, 39:3, 47:8, 48:8, 48:11, 49:15, 50:7, 58:7, 64:24, 65:14, 67:10, 77:3, 85:6, 90:5, 95:19, 96:3 specifics [6] - 11:23, 14:6, 26:5, 47:19, 61:2, 79:1 speculate [1] - 31:23 spoken [1] - 53:16 spring [4] - 11:3, 12:18, 13:1, 13:21 ss [2] - 1:4, 107:2 staff [3] - 27:7, 27:9, 28:12 standards [1] - 5:15 Staples [2] - 104:8, 104:11 start [3] - 13:9, 24:2, 55:3 started [2] - 19:20, 58:22 starting [1] - 7:21 state [1] - 95:16 STATE [1] - 1:23 statement [4] - 66:9, 68:6, 83:3, 95:7 statements [1] -
25:11 stating [1] - 101:7 status [1] - 62:15 statutes [1] - 105:2 step [8] - 39:24, 40:15, 40:19, 40:22, 41:2, 41:7, 45:2 Stephen [1] - 2:2 still [1] - 102:16 stipulate [1] - 5:19 stipulated [3] - 5:2, 5:7, 5:11 STIPULATIONS [1] 5:1 Street [6] - 1:19, 2:3, 2:7, 2:11, 6:9, 82:9 STREET [1] - 1:23 strictly [1] - 11:17 strike [11] - 5:9, 10:17, 12:17, 20:22, 25:24, 31:17, 39:5, 39:21, 48:13, 90:21, 95:21 structure [3] - 32:18, 33:6, 33:7 stuck [1] - 52:8 subject [1] - 49:12 submission [1] - 29:9 submit [5] - 58:19, 81:12, 81:14, 82:13, 85:11 submitted [2] - 81:15, 99:20 submitting [1] 46:10 subsequent [3] 32:9, 65:7, 70:16 substantially [1] 56:5 successful [1] 63:18 sue [1] - 80:19 sued [1] - 12:2 suggest [7] - 14:23, 15:3, 27:23, 72:21, 72:22, 103:24, 105:7 suggested [1] - 79:3 suggesting [3] 53:12, 61:17, 105:8 suggestion [3] 27:1, 61:18, 61:21 suggestions [1] 61:23 suit [1] - 36:21 suitable [1] - 10:12 Suite [1] - 2:11 Sullivan [6] - 9:14, 10:2, 10:6, 10:9,
20:3, 20:12 sum [2] - 30:4 summary [3] - 62:3, 62:4, 75:23 Summary [1] - 3:18 summer [1] - 13:21 SUPERIOR [1] - 1:4 Superior [1] - 36:15 superior [2] - 36:17, 36:23 supersedes [1] - 44:3 supervises [1] 41:18 surety [4] - 29:23, 102:9, 102:22 surprised [1] - 102:1 swaps [1] - 85:9 switched [2] - 72:2, 72:4 sworn [5] - 6:2, 9:20, 10:15, 10:18, 107:9 system [1] - 64:14
T
Technology [1] - 8:4 tee [5] - 53:6, 53:8, 53:14, 53:20, 54:1 TEL [1] - 1:24 ten [1] - 94:8 tenure [1] - 64:23 terminate [2] - 73:14, 95:16 terminated [2] 62:13, 63:18 terms [1] - 80:5 testimony [12] - 43:6, 45:1, 49:20, 52:11, 71:10, 86:1, 86:7, 92:9, 103:9, 106:5, 106:7, 107:10 THE [1] - 106:15 themselves [1] - 43:1 therefore [2] - 5:18, 87:18 they've [1] - 54:24 thinking [2] - 19:8, 53:11 THOMAS [1] - 1:11 thrown [2] - 62:6, 64:11 Thursday [4] - 82:1, 82:2, 83:21, 84:8 timely [2] - 24:16, 24:20 today [8] - 5:12, 8:23, 10:21, 34:10, 58:5, 59:1, 59:18, 63:11 together [9] - 18:5,
22:16, 22:19, 22:21, 22:24, 46:20, 58:21, 94:2, 102:22 took [11] - 23:14, 26:12, 29:11, 32:9, 35:3, 35:6, 40:15, 46:16, 46:23, 87:3, 89:2 topic [5] - 14:14, 33:14, 64:21, 67:16, 91:22 torn [1] - 32:17 total [3] - 38:1, 38:7, 39:10 Town [40] - 2:8, 2:12, 3:14, 3:16, 3:16, 6:14, 7:13, 8:24, 12:22, 13:5, 13:24, 15:10, 16:15, 17:2, 17:22, 23:18, 24:6, 28:9, 32:15, 41:17, 42:20, 43:13, 43:14, 43:24, 47:2, 49:7, 54:8, 55:11, 57:19, 75:6, 75:19, 77:17, 79:22, 95:23, 96:1, 96:22, 96:24, 99:11, 104:6, 104:18 town [107] - 6:21, 7:11, 8:15, 10:23, 11:10, 11:17, 11:18, 12:1, 13:7, 13:9, 13:10, 14:4, 14:13, 17:6, 17:8, 17:14, 18:16, 22:5, 23:17, 24:1, 25:21, 27:11, 28:12, 33:1, 36:18, 37:15, 39:2, 40:9, 40:18, 40:20, 40:21, 40:24, 41:18, 41:19, 42:6, 43:1, 43:3, 43:14, 44:4, 44:6, 44:7, 44:17, 45:3, 45:7, 45:8, 45:16, 45:17, 47:10, 47:13, 47:17, 48:21, 48:23, 49:2, 49:16, 50:5, 50:6, 50:8, 50:14, 51:10, 51:15, 58:2, 58:4, 59:19, 60:4, 62:5, 62:12, 64:21, 67:2, 68:12, 69:13, 70:6, 73:4, 74:2, 76:2, 76:16, 76:19, 77:15, 77:24, 78:13, 79:12,
80:10, 80:19, 85:10, 87:20, 88:2, 90:9, 92:14, 93:6, 93:24, 94:18, 96:10, 96:21, 97:2, 102:2, 102:21, 103:2, 103:7, 103:18, 103:20, 103:21, 104:1, 104:7 TOWN [1] - 1:9 town's [2] - 45:20, 63:17 towns [1] - 55:8 townspeople [1] 85:8 trade [1] - 33:10 transcript [11] - 5:6, 30:12, 30:21, 30:24, 31:9, 34:22, 35:5, 69:9, 69:22, 106:4, 106:6 Transcript [1] - 3:12 transpire [1] - 71:4 transpired [1] - 51:5 Treasurer [1] - 17:3 Tremont [2] - 6:9, 82:8 trial [3] - 5:10, 64:12, 64:17 Troy [38] - 11:10, 11:13, 33:2, 34:17, 35:9, 35:16, 40:24, 41:7, 45:14, 47:6, 60:9, 60:19, 60:24, 61:5, 61:14, 62:14, 65:23, 66:14, 67:1, 67:12, 68:2, 68:11, 69:12, 69:18, 70:6, 70:12, 74:21, 75:17, 76:11, 87:16, 92:22, 96:24, 97:16, 98:20, 99:14, 99:21, 99:23, 100:6 Troy's [1] - 97:19 true [5] - 70:17, 71:2, 71:6, 106:6, 107:10 trust [2] - 8:20, 67:2 trustees [1] - 85:7 truth [1] - 70:13 try [2] - 25:18, 40:3 trying [4] - 62:6, 75:7, 99:6, 102:23 Tuffy [2] - 18:22, 18:23 Tulley [1] - 18:19 twice [1] - 20:16 two [10] - 9:14, 20:17, 40:10, 66:21,
OF SHAWN DAHLEN
Page 11 - 11
12
U
ultimately [5] - 36:10, 55:6, 88:17, 88:19, 93:5 unaware [2] - 65:3, 71:11 uncommon [1] - 36:8 UNDER [1] - 106:15 under [13] - 5:5, 12:11, 13:18, 33:3, 41:13, 44:7, 49:7, 75:20, 91:2, 96:22, 97:11, 103:18, 104:4 underlined [3] 42:16, 49:11, 68:22 undertake [1] - 41:8 unfortunately [1] 55:7 unless [3] - 19:17, 32:3, 58:18 up [17] - 12:6, 16:4, 26:8, 54:15, 54:19, 64:20, 64:21, 67:5, 75:16, 83:13, 89:5, 90:23, 96:15, 96:16, 105:2, 105:3 up-and-coming [1] 16:4 utilization [1] - 45:7
VOLUME [1] - 1:1 vote [4] - 46:9, 66:12, 85:10, 93:21 voted [1] - 39:22 voting [1] - 40:16 vs [1] - 1:8
W
wager [1] - 100:13 wait [1] - 70:20 waive [1] - 95:18 waived [1] - 103:14 walked [1] - 31:21 walking [1] - 85:6 Wednesday [1] - 3:19 week [4] - 16:2, 74:17, 86:23, 87:1 weekend [1] - 16:4 weeks [5] - 32:11, 92:7, 101:23, 102:4, 102:11 well-phrased [1] 40:3 Wentworth [3] - 8:3, 8:5 WHEREOF [1] 107:18 whining [5] - 53:5, 53:8, 53:14, 53:20, 54:1 WHITCOMB [1] - 1:10 whole [1] - 74:23 willing [1] - 93:20 witness [19] - 5:4, 5:13, 5:20, 6:1, 16:11, 29:3, 30:18, 42:12, 43:21, 63:1, 72:10, 77:12, 78:9, 84:4, 85:18, 91:16, 98:17, 107:7, 107:11 WITNESS [1] 107:18 word [8] - 55:5, 55:17, 55:18, 55:19, 56:2, 56:8, 88:12 words [4] - 42:5, 55:4, 68:14, 69:24 works [2] - 18:12, 53:17 world [1] - 58:20 worried [2] - 36:1, 39:10 wranglings [1] - 52:8 writing [5] - 33:13, 34:4, 34:15, 35:18, 94:21
written [2] - 29:9, 34:12 wrote [3] - 70:7, 74:12, 74:19 www.bramanti [1] 1:24 www.bramantilyons.com [1] - 1:24
Y
Yacht [10] - 20:7, 20:10, 20:13, 20:23, 21:4, 21:12, 21:14, 21:17, 21:20, 21:24 yacht [1] - 22:2 year [4] - 8:7, 8:9, 20:16, 20:17 years [10] - 7:14, 7:18, 20:11, 37:4, 40:10, 46:12, 52:3, 59:2, 71:23, 82:22 yourself [16] - 6:6, 12:13, 15:8, 26:1, 30:2, 32:4, 36:12, 38:15, 63:14, 68:22, 70:5, 80:15, 85:23, 93:7, 94:12, 95:8
Z
ZBA [1] - 7:9
V
vague [2] - 76:6 valid [1] - 105:4 value [1] - 33:7 various [3] - 17:1, 65:5, 65:9 venture [1] - 58:22 ventures [2] - 38:19, 38:24 verbally [1] - 35:18 versus [4] - 8:24, 12:21, 13:4, 50:7 vice [2] - 6:15, 8:14 view [4] - 66:7, 66:18, 66:22, 66:24 virtually [1] - 58:11 virtue [1] - 66:1 vivid [1] - 33:16 voiced [3] - 51:23, 57:14, 59:12 voicing [1] - 55:9
OF SHAWN DAHLEN
Page 12 - 12