VOLUME: I PAGES: 1 - 107 EXHIBITS: 1 - 13 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT C.A. NO.

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

BRAMANTI & LYONS COURT REPORTING, INC.

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APPEAR A N C ES:

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N o. 13 N o. 11 N o. 12 E x h ib it s N o. 10

I N D E X , C o n t 'd Page IF B 2 0 1 0 -2 0 1 1 M a n a g e m e n t C o n t r a c t f o r N o r t h H ill G o lf C o u r s e A f f id a v it o f J a s o n L a r a m e e D u x b u r y B o a r d o f S e le c t m e n M e e t in g M in u t e s d a t e d M a y 9 , 2011 IF B 2 0 1 1 -0 0 1 A M a n a g e m e n t C o n t r a c t f o r N o r t h H ill G o lf C o u r s e d a t e d M o n d a y , M a rch 2 1 , 2 0 1 1 98 85 91 84

S t e p h e n R . F o lla n s b e e , E s q . F o lla n s b e e & M c L e o d , L L P 5 3 6 G r a n it e S t r e e t , 3 r d F lo o r B r a in t r e e , M a s s a c h u s e t t s 0 2 1 8 4 A t t o r n e y f o r t h e P la in t if f

L e o n a rd H . K e s te n , E s q . B r o d y , H a r d o o n , P e r k in s & K e s t e n , L L P O n e E x e t e r P la z a 6 9 9 B o y ls t o n S t r e e t B o s to n , M a s s a c h u s e tts 0 2 1 1 6 A tto rn e y fo r th e T o w n o f D u x b u ry , a n d N o r t h H ill A d v is o r y C o m m it t e e , E t A ls .

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 . )

DEPOSITION OF SHAWN DAHLEN

DEPOSITION OF SHAWN DAHLEN 3
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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

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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

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Page M a n a g e m e n t A g re e m e n t d a te d 1 2 /2 1 /9 8 P a c k e t o f d o c u m e n ts d a te d O cto b e r 4 , 2 0 1 0 T r a n s c r ip t o f O c t o b e r 4 , 2 0 1 0 D u x b u ry B o a rd o f S e le c t m e n m e e t in g E x c e rp t fr o m G e n e ra l B y -L a w s o f th e T o w n o f D u x b u ry A p p e n d ix B , T o w n M a n a g e r A c t in t h e T o w n o f D u x b u r y M e m o r a n d u m o f D e c is io n a n d O r d e r r e D e f e n d a n t s ' M o t io n F o r S u m m a ry Ju d g m e n t E - m a il d a t e d W e d n e s d a y , O cto b e r 1 3 , 2 0 1 0 L e tte r d a te d Ja n u a ry 2 7 , 2011 F a x c o v e r w it h le t t e r d a te d Ja n u a ry 2 1 , 2 0 1 1 30 29 16

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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 ,

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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 .

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DEPOSITION OF SHAWN DAHLEN

DEPOSITION OF SHAWN DAHLEN

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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:

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A. Yes. Q. Where? A. Wentworth Institute and Wentworth College of
Technology.

Q. Mr. Dahlen, could you identify yourself, giving
us your name and your occupation and business address?

A. Sean Dahlen, 1500 Tremont Street, Duxbury,
Mass.

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?

A. 1971. Q. I could have done the math on that, I guess.
In addition to the role you have as the vice chair of the Board of Selectmen right now, are there any other positions in town government that you currently hold?

A. I am vice chairman of the Board of Selectmen
currently.

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

Q. In 2008, did you become aware of the litigation
that we're here on today, the case of Johnson Golf Management versus the Town of Duxbury?

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Health. I was on 20 different boards and committees. Do you need them all?

Q. What are the major ones, other than the
Conservation Commission and the Board of Health? MR. KESTEN: They are all major.

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. Yes. Q. And did you discuss it with any of your
colleagues on the Board of Selectmen before you were elected to the Board of Selectmen?

A. No. Q. And correct me if I'm wrong, but when you were
elected to the Board of Selectmen in March 2010, the other two selectmen were Mrs. Sullivan and Mr. Donato --

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. Duxbury High School. Q. And any education beyond that?
DEPOSITION OF SHAWN DAHLEN

A. Not that I recall. Q. How did it come about that you were elected
DEPOSITION OF SHAWN DAHLEN

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chairperson initially?

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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?

Q. Did he give you any of the background
information about the case and how it had developed up to that point?

A. Q. A. Q.

By whom? By Betsy Sullivan. No. Had it been discussed with you by anybody else, other than Betsy Sullivan?

A. I'm sure he did, but I can't tell you what it
was.

Q. Did you become aware that my client, Johnson
Golf Management, at the time, was operating the North Hill Golf Course under a court order?

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?

A. I don't recall. Q. Once you were sworn in on the Board of
Selectmen, did you ever review -MR. FOLLANSBEE: Strike that.

A. No. Q. Had you reviewed -MR. FOLLANSBEE: Strike that.

Q. When you were sworn in on the Board of Selectmen
in March of 2010, what did you do, if anything, to become familiar with the litigation that we're here about today?

Q. 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. We had a presentation in executive session
with town counsel regarding all pending litigation.

A. Do you want to repeat that one more time? Q. Sure.
DEPOSITION OF SHAWN DAHLEN 13

DEPOSITION OF SHAWN DAHLEN 11
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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?

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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. It was relatively early after I became elected.
MR. FOLLANSBEE: Could we go off the record for just a second? (Discussion off the record.)

A. I would say that I reviewed anything that was
sent to me as a selectman member by the town counsel.

Q. (BY MR. FOLLANSBEE) The meeting that you had
with town counsel, town counsel was Robert Troy; correct?

Q. And did town counsel -- let's start with town
counsel -- did town counsel explain to you how it came to be that Johnson Golf was operating the golf course?

A. Correct. Q. Did you know Mr. Troy prior to becoming a member
of the Board of Selectmen?

A. Yes. Q. Did you have any social relationship with him or
is it strictly town politics?

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.

A. Town politics. Q. Now, with regard to the presentation that he
gave you regarding the outstanding litigation, what did he tell you about the Johnson Golf litigation?

Q. At some time in the spring to early summer of
2010, did you become aware that there was an issue with the security for the contract between Johnson Golf Management and the Town of

A. I don't recall any specifics other than it was
one of the several cases that we had pending,

DEPOSITION OF SHAWN DAHLEN

DEPOSITION OF SHAWN DAHLEN

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Duxbury?

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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.

Q. And regarding that issue, the security issue,
did you have more than one discussion with town counsel about that topic?

Q. (BY MR. FOLLANSBEE) Directing your attention
to what's been marked as Exhibit No. 1, this was given to us as being a copy of the contract between the Town of Duxbury and Johnson Golf Management. Does this look familiar to you as the document that you were given?

A.

I can't remember. Board of Selectmen?

Q. Did you discuss it with your colleagues on the A.
If we did, it was in an executive session, I would assume.

A.

I would be guessing. signature page, which they did not number. It's about halfway through.

Q. Well, do you have any memory of having the
discussion, first of all?

Q. Well, I'll direct your attention to the

A.

The answer is no. the fact that no security was in existence in

Q. Did you suggest any course of action regarding
DEPOSITION OF SHAWN DAHLEN

A.

I see it.

Q. And it indicates a signature date of December
DEPOSITION OF SHAWN DAHLEN 17

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2010?

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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?

Q. Did you suggest a course of action to be taken

A.

Not that I can recall. existence between Johnson Golf Management and the Town of Duxbury that ran from 1999 until 2008?

Q. Did you ever review yourself the contract in

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. And do you remember when you reviewed that?

Q. Were you provided a copy of the contract? A. A.
Yes. I'll make an assumption that it was put in my packet.

Q. Have you ever discussed this litigation or this A. A.
Not to my belief. Yes. Town of Duxbury, a member of the Board of Selectmen, do you have any other relationship with Mr. Martechinni?

Q. And who gave it to you?

Q. Now, did you know Mr. Andre Martechinni? Q. And other than knowing him as an official of the

Q. Well, for those of us that don't get packets
customarily, can you describe what your packet is?

A.

Yes.

DEPOSITION OF SHAWN DAHLEN

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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. Seven years maybe. Q. And is Mrs. Sullivan a member of the Duxbury
Yacht Club?

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.

A. John Tuffy, yes. Q. Tuffy, I'm sorry. A. Yes.
DEPOSITION OF SHAWN DAHLEN 19

Q. I assume you keep your boat at the Duxbury Yacht
DEPOSITION OF SHAWN DAHLEN 21

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Q. And how about Margaret Kearney, did you know
her?

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A. Yes. Q. Now, when you reviewed what was given to you in
your packet, as the management agreement, is there anything that you were looking at particularly?

A. Q. A. Q.

No. Where do you keep your boat? Marion. And do you play golf at the Duxbury Yacht Club Golf Course?

A. No. At least not what I would call playing
golf.

A. I couldn't possibly recall what I was thinking
back then.

Q. So you would be an infrequent golfer. Is that
what you're saying?

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. Maybe four times in my entire lifetime. Q. That would qualify as infrequent.
As a member of the Duxbury Yacht Club, are you automatically a member of the Duxbury Yacht Club Golf Course?

A. Yes. Q. Are you familiar with the personnel at the
Duxbury Yacht Club golf course?

A. At what point in time? Q. At the time before you started having hearings
in the fall of 2010.

A. Some. Q. Is Mr. Emmett Sheehan a member of the Duxbury
Yacht Club?

A. I'm not sure if I ever saw the contract before
that time.

Q. I should have asked you about several other
DEPOSITION OF SHAWN DAHLEN

A. Q. A. Q.

Yes. And is he a social friend of yours? No. How often would you see him at the Duxbury Yacht

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Club?

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town manager?

A. I'm not sure if I ever see him at the yacht
club.

A. Do you want to start with meaning discuss what,
specifically?

Q. And any contact that you've had with
Mr. Sheehan, is that through town government as well?

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. Some. Q. Is there any other place where you would have
contact with Mr. Sheehan?

A. We, occasionally, have similar business
clients.

Q. And do you ever work in conjunction with his
firm?

A. Do you want to define that? Q. Sure.
Do you ever work on projects together with Mr. Sheehan and his company for other clients?

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 remember that. Q. And did you come to a conclusion that Johnson
Golf was making timely payments?

A. I work for a client or can work for a client at
the same time that he may be working for that client, but not 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?

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Q. So you would be doing different things for the
same client at the same time?

A. Correct. I may be constructing an addition. He
may be doing the landscaping.

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. That was one of a series of issues that were
brought to the board's attention.

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?

Q. Do you remember any of the other issues that
were brought to the board's attention?

A. Yes. I remember there was an issue of whether
the audited financial statements had been filed in a proper time.

A. Yes. Q. By way of background, before conducting the
hearings or the hearing that took place on October 4, 2010 before the Duxbury selectmen, did you make any inquiry of any individuals in town government about the ongoing contract between Johnson Golf Management and the Town of Duxbury?

Q. Anything else, other than the payment issue and
the audited financial issue?

A. I believe, there was an issue with regards to
whether alcohol was being served outside of the licensed premises.

Q. And who -- if it's more than one, you know, try
to be as specific as you can -- but who brought these issues to your attention?

A. Not to my knowledge. Q. Had you discussed it at all with Mr. Gordon
Cushing?

A. Town counsel. Q. And did your colleagues on the Board of
Selectmen -MR. FOLLANSBEE: Strike that.

A. I don't recall. Q. Did you discuss it with Richard MacDonald, the
DEPOSITION OF SHAWN DAHLEN

DEPOSITION OF SHAWN DAHLEN

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security in place?

Q. Did you make a determination yourself that the
Board of Selectmen should conduct a hearing?

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 recall. Q. Was there any discussion of any procedure,
other than having a hearing by the Board of Selectmen, to determine whether or not Johnson was in compliance with the contract?

Q. As the chairman of the Board of Selectmen, would
it be up to you as to what gets on the agenda for a particular meeting?

A. I don't recall. Q. In 2010, were you made aware of any attempts on
the part of Johnson Golf and the Town of Duxbury to resolve the litigation?

A. That is correct. Q. So knowing that a "hearing" on contract
compliance took place on October 4, 2010, was it your decision to put that on the agenda for that particular night?

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. Better stated, it would be the policy of the
Board of Selectmen. The chairperson can either put something on the agenda or assent to it being on the agenda.

A. My memory is that the issues that were believed
to be in noncompliance with regard to the contract were presented to you. I believe, you were at the meeting; and that Johnson Golf was given time to react or respond to any of those, and then the board evaluated those comments. MR. FOLLANSBEE: I'd ask that this be marked as the next exhibit, please. I believe it's Exhibit No. 2.

Q. Do you recall whether anybody else asked to have
that on the agenda?

A. I don't. Q. And when you say assent to someone asking that
it be on the agenda, is that another member of the Board of Selectmen that would have to make

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that suggestion?

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
(Exhibit No. 2, For Identification, marked.) (Document handed to the witness.)

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. (BY MR. FOLLANSBEE) Directing your attention
to what's been marked Exhibit No. 2. Do you recall receiving that on or about October 4, 2010?

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?

A. The town manager, Barbara Ripley, now Barbara
Mello and Ann.

A. I believe, we did get documents from
Mr. Johnson -- not from Mr. Johnson, but from you, I think. I've never met Mr. Johnson.

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.)

Q. With regard to this document, do you have any
memory of reading the material that was provided by Johnson Golf at that meeting?

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?

Q. (BY MR. FOLLANSBEE) The issue of contract
compliance in the fall of 2010, did anybody suggest sitting down with Johnson Golf and finding out if there was a way to get the

A. Yes. Q. Do you recall being told that the surety bond
issue was being resolved by the judge?

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A.

I don't, specifically, recall that.

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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.

Q. Do you recall a dialogue between yourself and me
at the meeting about the judge having ordered a certain sum of security in the sum of a half a million dollars?

Q. And had you made a determination yourself or
sought to make a determination as to whether or not money was being collected in advance at that juncture in the fall of 2010?

A.

Again, I don't, specifically, remember a detail like that.

Q. Is there anything that could refresh your memory
on that?

A.

I can't recall that, specifically.

Q. Now, subsequent to the hearing that took place
on October 4th, do you recall making a decision several weeks later to declare that Johnson Golf was in default of its contract?

A.

If you have a copy of the board's decision, that might refresh my memory.

Q. How about a copy of the transcript that was
provided that night? MR. FOLLANSBEE: Could we mark that as the next exhibit? (Exhibit No. 3, For Identification, marked.) (Document handed to the witness.)

A.

Yes, I do remember that.

Q. And did you look at the issue addressed in
Exhibit No. 2 about whether or not the Town of Duxbury was in breach of contract due to the fact that it had torn down a residential structure on the property? That's in the first paragraph of Exhibit No. 2.

Q. (BY MR. FOLLANSBEE) Sir, what's been marked as
Exhibit No. 3 which you have before you now is a copy of the transcript.

A.

It was my understanding that it was not a breach of contract.

A.

Go ahead.

Q. And directing your attention to Exhibit No. 3,
the transcript of the Duxbury selectmen's

Q. And how did you come to that understanding? A.
It was explained to myself as a Board of

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hearing, October 4, 2010, I'd direct you to pages 17 and 18.

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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.

Q. And if you see those.
Do you have a question?

Q. Does that refresh your memory as to being given
what we've now marked as Exhibit No. 2 at the meeting?

A.

It would appear from this transcript that you gave us a document.

Q. And did you read the document that we gave to
you?

A. A.

I'm assuming that I did, at the time.

Q. And did they give you anything in writing
regarding that topic?

Q. And you don't have any memory of it now?
No.

A. A.

If they did, I can't recall, specifically.

Q. Well, did you -MR. FOLLANSBEE: Strike that.

Q. But you do have a vivid memory of that?
I remember, specifically; because in my business, I deal with those types of situations all of the time.

Q. Was your concern over the security issue
primarily the fact that Johnson was collecting money in advance, and the money might disappear if Johnson breached the contract and walked away?

Q. And you were familiar with, at that point, you
had seen a copy of the contract which was Exhibit No. 1; correct?

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,

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when we had that hearing. I'm not sure if I ever read the contract prior to that date.

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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?

Q. And when somebody calls that into question, that
doesn't concern you?

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?

Q. Have you ever been involved in litigation
yourself?

A.

Yes.

Q. And have you ever had a case in the
Massachusetts Superior Courts?

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 Massachusetts court. I'm not sure if it was superior or not.

Q. What town was it in? A. A.
It would have been in Plymouth County.

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. What kind of case was it?
It was a suit for specific performance on a purchase and sale.

Q. A.

Well, the hearing includes a transcript which is Exhibit No. 3. Okay.

Q. That would have been superior court, as I
understand it.

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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.

Q. But maybe not.
I'm not a lawyer.

Q. How many years ago was that?
Oh, 25 maybe, a guess.

A.

My guess is, if it's not in the transcript, I would presume that it took place at another point in time.

Q. And other than that, have you had any other
court cases, either individually or through your business?

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.

Q. We'll skip that.
Any other civil cases?

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?

Q. Going back to Exhibit No. 2, prior to receiving
Exhibit No. 2, had it come to your attention at all that the company CALM Golf that the town was seeking to award the contract to at North Hill had very limited assets?

A. A.

Yes.

Q. When did that come to your attention?
I don't know. I don't recall, I should say.

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?

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had $169 in total assets?

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39

the process would be?

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.

I'm not sure if I understand that question.

Q. It was probably not well-phrased. Let me try it
again. In the fall of 2010, Johnson Golf was running the course, and you knew about that; correct?

A.

Correct.

Q. And you knew that the town had received its
rent for the past two years from Johnson; 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.

I don't know that. I can't recall that now, but go ahead.

Q. What was your understanding of what the next
step was going to be once you took the step of voting on the 18th of October, 2010 to find Johnson in breach of its contract?

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.

Q. And the town counsel was Mr. Troy; correct?
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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?

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A.

That is correct.

Q. And did he discuss with you what the next step
was going to be?

A.

I don't have a specific memory of that conversation.

Q. Did anyone discuss with you -- whether it was
Mr. MacDonald or Mr. Troy -- that the next step was going to be to undertake an eviction proceeding in Plymouth District Court against Johnson Golf?

A.

I'm sure, as selectmen, we received notice to that effect.

Q. Would the selectmen, under the Duxbury by-law,
would the selectmen have to approve of counsel engaging in a new lawsuit against Johnson Golf Management?

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.

Q. I'm not talking about an ongoing case. I'm
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talking about a new case which would be an eviction proceeding in Plymouth District Court in the fall of 2010.

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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."

Q. And the direction of the Board of Selectmen, in
this instance, was to do what?

A.

Well, what specific instance are you talking about?

Q. (BY MR. FOLLANSBEE) Sir, directing your
attention to what's been now marked as Exhibit No. 4. And there are some highlighted underlined portions on page 2 that I would direct your attention to.

Q. After you made the determination that Johnson
Golf was in a default position with regard to its contract.

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.

Q. You are familiar with this as being an excerpt
of the by-laws of the Town of Duxbury; correct?

A. A.

Very, very familiar.

Q. Now, with regard to a new case, if a new case
comes in -- and I'm not talking about Johnson Golf, I'm just talking about any case -- is it

Q. You're very familiar?
Yes.

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Q. Now, the by-laws themselves say that no town
department or official can request the services of town counsel without your approval; correct?

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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.

3.1.5 says that, correct.

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 --

Q. And is it your testimony that that somehow is
negated if there is previous litigation between the parties?

A.

My opinion is that this can't be read as a single document by itself.

Q. What other document would you like to read with
it?

Q. Please continue to elaborate. A.
-- somebody needs a conflict of interest determination. They don't need to come to the Board of Selectmen and have us say to Bob Troy, yes, you may have a conflict of interest opinion from town counsel. They go to the town manager, and the town manager authorizes that.

A.

The Town Manager Act.

Q. The act providing for a town manager in the Town
of Duxbury?

A.

Correct. MR. FOLLANSBEE: Let's mark that as the next exhibit then. (Exhibit No. 5, For Identification, marked.) (Document handed to the witness.)

Q. Now, with regard to this particular case, a
decision was made, at some point, to refer this matter to the town's insurance company; correct?

Q. (BY MR. FOLLANSBEE) Directing your attention
to what's been now marked as Exhibit No. 5, the Town Manager Act in Duxbury.

A. A.

I'm assuming so.

Q. And do you know who made that decision?
No, I don't.

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Q. Did you make that decision? A.
Absolutely not.

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47

A.

I didn't know that.

Q. Well, did you know anything about CALM Golf at
all?

Q. Well, did the Board of Selectmen make that
decision?

A.

No.

A.

Not to my knowledge.

Q. Did anybody ever tell you anything about
Mr. Lanzetta and his reputation in the golf community?

Q. Can the Board of Selectmen take action without
you knowing about it?

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.

Q. Did they tell you anything, in general, about
Mr. Lanzetta and CALM Golf?

Q. And let me go back.
For the years 2010 and 2011, you served as the chairperson of the Board of Selectmen; correct?

A.

Not specifically.

Q. Who told you -MR. FOLLANSBEE: Strike that.

Q. Did somebody tell you, We've made a decision,
and we're going to rebid this thing, and we're not giving it to CALM Golf?

A.

Correct.

Q. Now, after this hearing took place in the fall
of 2010 in which a declaration by the selectmen was that Johnson was in default of its contract, did you attend a meeting with the Office of the Inspector General together with other representatives from Duxbury?

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.

Q. And do you know when that took place?
I believe, in December of 2010.

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Q. And at that time, by December of 2010, had the
Town of Duxbury already decided to rescind its award to CALM Golf?

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contracts. All of those things are done by the town manager.

Q. You don't sign contracts? A.
Well, I may sign some, I guess. I'll take that back. We don't sign many contracts. You are right. We signed that contract.

A.

I don't have a time line of sequences.

Q. Was that discussed with you by Mr. MacDonald
and/or Mr. Troy, that there was going to be a rescission of the award to CALM Golf?

Q. Well, under the Town Manager Act, that's
Exhibit 5, and directing your attention to -the pages are numbered in the bottom center of each page -- page 83, and if you look at clause 13 which coincidentally is underlined, it indicates that the contracts are subject to execution by the Board of Selectmen; correct?

A.

I don't, specifically, recall.

Q. Were you puzzled by the fact that, if you were
going to boot Johnson Golf out of town, that CALM Golf wouldn't automatically take over?

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.

That's what line 13 says.

Q. And what it, specifically, says is that the
town manager can negotiate all of the contracts, but the Board of Selectmen signs them, correct?

Q. Well, why would the town want to rebid if they
had already awarded the contract to CALM Golf?

A.

I'm not sure of the specifics.

A.

That's what it says.

Q. Well, you knew that they had awarded the
contract to CALM Golf; correct?

Q. And is it your testimony that, although it says
that, that's not what Duxbury does?

A.

Correct.

A.

I would say that the Board of Selectmen does not sign every single contract.

Q. And you knew that CALM Golf was operating
another golf course in the area; didn't you?

Q. Well, you're not the first person to say that;
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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?

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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.

Q. It's your memory that you had a meeting with the
Inspector General in the December time frame of 2010; correct?

Q. So in the private industry, is it your testimony
that, if you want to give a contract to any particular person, you just give it to them?

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. It's your decision. If you decide that you want
to hire Shawn Dahlen & Company, Inc. to build your house, you hire Shawn Dahlen & Company, Inc. If you decide you don't like me, you decide to hire whoever else you would like to hire.

Q. And given that you are more of the policy guy
rather than the day-to-day guy, why were you attending the meeting?

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.

Q. Now, is it your understanding that there were
some folks in Duxbury that weren't happy with Johnson Golf and didn't want him or Johnson Golf Management running that golf course? MR. KREIGER: Objection.

Q. And had you ever met the IG before?
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A. No. Q. Other than this one time, have you ever been to
the Office of the Inspector General?

Q. You can answer. A. I heard those comments; not from individuals,
but I heard them, in general.

A.

Absolutely not. at this meeting?

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.

Q. And so when you heard that there were people in
Duxbury who were doing the whining about the tee times; correct?

A. I'm assuming so. Q. You weren't thinking -- I mean, just so I have
it right -- you're not suggesting that the people that work for or run Johnson Golf Management were whining about tee times; are you?

Q. And so by early December of 2010, is it fair to
say that the town had reached the end of the road as far as giving a contract to CALM Golf? MR. KREIGER: Objection.

A. No, no, no. I've never spoken to anybody that
works for Johnson Golf Management or Mr. Johnson.

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?

Q. And what was your reaction to what you heard
about these people whining about their tee times?

A. No specific reaction. Q. In the private sector, would that be a reason
not to award a contract to a particular person

A.

I think I probably voiced my frustration to the Inspector General with regard to the 30B

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because some people were whining about their tee times?

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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.

Q. And that's completely different than in the
public sector; right?

A. Absolutely. Q. In the public sector, the Town of Duxbury, like
every other municipality, is bound by provisions of Chapter 30B?

Q. B, IFB. A. -- that an IFB was another way of doing it that
made it less cumbersome, you know, less complicated for the community.

A.

By 30B, correct. were frustrated with 30B. What was the source of your frustration?

Q. Now, you indicated a few minutes ago that you

Q. By less complicated, it meant that you didn't
need qualifications?

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.

Q. And what do you understand would set them up for
litigation?

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

A. It is less onerous on a community is my
understanding.

Q. And how did you come by that understanding? A. By the fact that that's the process we're using
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properly followed, the complexity of the process. For an example, when we start talking about rating and using certain words and somebody misplaces a word, and if that ultimately puts you in a position of it being litigated, I think that, unfortunately, puts towns in a bad position.

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.

Q. And you think that's a better process than the
RFP process?

A. Considering we're sitting here taking a
deposition, it probably is.

Q. You think the IFB process is a better way to
go?

A. Uh-huh.
MR. KESTEN: He has to answer. MR. FOLLANSBEE: Oh, yes.

Q. Prior to voicing your frustration about the 30B
process, had you had an occasion to read the request for proposal that was issued by the Town of Duxbury in the Johnson Golf or the North Hill matter?

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.

I can't recall, exactly, if it was before or afterwards.

Q. And when you expressed frustration, you just
indicated a second ago that a word here or a word there, is the word that you are referring to the removal of the word "flat" in regard to the payment in the RFP?

A. I indicated to the Attorney General (phonetic)
that, to the best of my knowledge, that the Town of Duxbury had conducted itself in a proper manner going through the process.

A. No. Q. So it's nothing specific to this case? A.
No. I'm saying for an example, the evaluation process and how the evaluation process, for

Q. And that's the Inspector General that you are
referring to, not the Attorney General?

A. Sorry, the Inspector General.
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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?

Q. And did anybody at the Inspector General's
office say to you, when this was first done in late 2008, we -- meaning the Inspector General -- advise the town to reject all of the bids?

A. I am -- and I am including today -- I am
convinced that there is nobody that was involved in the process that, specifically, wanted Mr. Johnson not to be awarded the bid.

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?

Q. How do you explain Mr. MacDonald's decision to
award a contract to CALM Golf when CALM Golf had virtually no experience and no assets?

A. I'm sure I have, but I can't remember the
conversation.

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?

Q. Did any of them ever tell you that the
Inspector General had told them to reject all of the bids?

A. Unless I had the RFP requirements and
qualifications in which to submit a proposal -Like I said before, in my world, oftentimes businesspeople will get together and do a joint venture. And the day you started your law practice with your partner, you had X in the account. It isn't necessarily the same

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?

A. My general memory is that Bob Troy would have
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amount that you have in your account today, after many years of business. MR. FOLLANSBEE: Off the record. (Discussion off the record.) MR. KREIGER: How about a break, a couple of minute break? MR. FOLLANSBEE: That's fine. (Recess taken.)

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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?

A. My memory is that your bids were rejected
because someone had opened -- I probably won't say this the right way -- but the dollar amount or the amount that was being proposed, and people were privy to that before the evaluations were concluded.

Q. (BY MR. FOLLANSBEE) I think when we broke, I
was asking you about the meeting with the Inspector General in early December of 2010, and you indicated that you voiced your frustration. And my question was, did you have anything else to say at the meeting?

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. I think I answered that question with regards
to that. To the best of my knowledge then and to the best of my knowledge today, that there were no inappropriate actions by any town officials, to my knowledge, with regards to this process.

A. No. I'm not making that assumption -- I mean,
I'm not making that suggestion. There were no specific, at that meeting, there were no specific suggestions by the Inspector General, just general discussion.

Q. And is that what you told the Inspector
General?

A. Yes.
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Q. In the fall of 2010, did you become aware that
the court -- meaning Judge Smith -- had denied Duxbury's motion for summary judgment?

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. Options regarding what? Q. Regarding what to do with the North Hill
contract.

A. I don't remember the specific time, but that was
one of many comments.

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.

Q. And when you say it was one of many comments,
who made the comment or how did you come by the knowledge that the town was seeking to have the case terminated?

A. We were routinely informed by Mr. Troy and
Mr. MacDonald of the status of the case.

Q. And in the fall of 2010, they indicated that the
judge was having a hearing?

Q. And was it ever a conversation that the case
could settle before it moved to a trial? MR. KREIGER: Objection.

A. I can't possibly tell you the time frame. I
couldn't remember Ann's last name, never mind that. MR. FOLLANSBEE: Could I have this marked as the next exhibit, please? (Exhibit No. 6, For Identification, marked.)

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. In my tenure, I don't believe we ever,
specifically, discussed settling the case.

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(Document handed to the witness.)

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Q. And do you know any reason why you never even
discussed that?

Q. (BY MR. FOLLANSBEE) Sir, directing your
attention to what's been now marked as Exhibit 6. And this is an order of the court dated November 24, 2010 denying --

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. Yes. Q. Have you ever been given a copy of this decision
prior to today?

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. Probably, at the time. Q. And was it your understanding by, at least,
December of 2010 that the town's effort to have the case terminated was not successful and that the case would continue?

A. Yes. Q. Did you give consideration, at that point, to
awarding a contract to Johnson Golf Management and concluding the case that way?

Q. (BY MR. FOLLANSBEE) With Attorney Troy, had
the selectmen ever discussed getting rid of this

A. No.
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case by virtue of a settlement?

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Q. And do you recall reading any newspaper accounts
concerning the fact that, although Attorney Troy said they hired an outside consultant to draft the RFP, that no such consultant was really hired?

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. You'd have to refresh my memory with the
specific vote of the board.

A. Yes. Q. And do you recall Attorney Troy saying, "The
honest answer is town hall had nothing to do with drafting the RFP"?

Q. Well, weren't there occasions where Mr. Donato
was actually in confrontations with Mr. Troy regarding this litigation at Board of Selectmen public hearings?

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. Yes. Q. And how did you view that, as the chairman of
the Board of Selectmen, at the time? MR. KREIGER: Objection.

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.
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Mr. Troy?

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

MR. KREIGER: Off the record. (Discussion off the record.)

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?

Q. (BY MR. FOLLANSBEE) Have you had a chance to
look at that?

A. Which hearing? Q. The hearing before the Board of Selectmen on
October 4, 2010.

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. Yes. Q. And was it your understanding, at the time,
that Attorney Troy was saying no individual in town government had anything to do with drafting this document? It was done 100 percent by a consultant?

A. No. Q. Have you read any newspaper accounts about that
topic recently?

A. My understanding -MR. KREIGER: Objection.

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. -- my understanding is that, whatever Mr. Troy
said in this deposition, he probably said.

Q. That isn't a deposition. A. I mean, sorry, whatever he said in this
transcript is what he probably said.

Q. Well, I think that we can all agree that folks
like this gentleman, they take the words down

A. I may be.
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back? (Question read.) and get them correct.

72
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shawndahlen@aol.com?

A. That's what I'm saying. I'm assuming this is
correct. I'm not disagreeing.

A. I couldn't tell you when I switched. Q. Did you have your e-mail forwarded when you
switched?

Q. But as you were listening to this and reviewing
it yourself, is it your understanding that what Troy was saying is no one in Duxbury town government wrote this RFP. It was done 100 percent by an outside consultant? MR. KREIGER: Objection.

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?

Q. (BY MR. FOLLANSBEE) Directing your attention to
what's been marked as Exhibit No. 7. This was also marked at Mr. Cushing's deposition, coincidentally, as Exhibit No. 7. Do you remember receiving this e-mail on or about October 13, 2010 from Mr. Cushing?

A. Yes. Q. And did anybody ever tell you subsequent to this
that that wasn't true?

A. Well, my understanding is, at the current time,
that -MR. KREIGER: Wait, the question was narrower than that. May I please have the question read

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. Number 8? Q. I wasn't going to suggest number 8. I was going
to suggest number 4.

A. Okay.
MR. KREIGER: What's the question?

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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?

Q. The question is, did you become aware on or
about the 13th of October of 2010 from Mr. Cushing that the RFP was actually drafted by a lot of folks in Duxbury town government?

A. Yes. Q. So it wasn't something that you just found out
about the last six months or so. You knew it shortly after the meeting of October 4, 2010; correct?

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. I would make the assumption that, if I received
this, I would have known it.

Q. And this document is dated some five days
before you made the decision to rescind -sorry, not rescind -- to terminate the contract of Johnson Golf due to breach of contract; correct?

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.

A. I don't have the decision date of that in front
of me.

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. A couple of years. Q. And so then in 2010, was your e-mail address
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A. That is correct.
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76

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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.

Correct. But it had nothing to do with what we

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

were having the hearing on.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

to the Inspector General that day?

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

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insubstantial assets of CALM Golf?

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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?

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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?

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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.

Say that again. Yes.

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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

with Emmett Sheehan?

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

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Golf was running the golf course, and they had $200,000 in security posted for the town; correct?

Q. Is it your testimony that you were not at the
bid opening on February 17th?

A.

I could tell you, I have no recall; and it's also not on my calendar.

A. The bid bond and security have nothing to do
with each other.

Q. And as far as the quote attributed to you, "What
happened Emmett, did you get cold feet?" Is it your testimony that you never said that to Emmett Sheehan?

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.

Q. And this was signed on March 24, 2011, by
Mr. Laramee who is sitting here. Is it possible that you were there and Mr. Laramee is correct?

Q. Well, security was certainly a very important
issue for you; wasn't it?

A.

Anything is possible. that it?

Q. You just don't have a memory of being there; is A.
I have no memory, and it's also not on my calendar.

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.

Q. While you have your calendar in front of you,
does your calendar indicate what day that you had the meeting with the Inspector General's office in the first week of --

Q. You don't know whether they ever did or
didn't?

A. Correct. I don't have a specific memory of
it.

A.

You have to give me a date to shoot for.

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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?

Q. Now, you became aware that the second time they
did the IFB, they took the bid bond out; correct?

A. Correct. Q. And when they did that, they ended up with one
bidder; correct?

A. I have no idea. Q. Were you there for several hours? A.
One hour, two hours max. I don't think it was more than two hours.

A. That's my understanding. Q. And your understanding is also that the bidder
was a newly formed corporation called Pilgrim Golf; correct?

Q. After the February IFB resulted in no bidders,
did anybody discuss with you the concept of getting rid of the bid bond?

A. Correct. Q. And that that was owned by Mr. Emmett Sheehan;
correct?

A. No. Q. Did you have any discussion with anybody about
what should be in the next IFB in order to attract some potential bids?

A. I'm assuming that he was one of the principals,
yes.

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.

Q. Well, are you assuming that there are some other
principals?

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?

Q. And at that point, your memory was that Johnson
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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. I don't remember what date. But if you say
that that's the date, then it's probably the date.

Q. Do you remember whether or not he gave you a
bond or security for that contract?

Q. And this is some five weeks later, they are in
looking to get their liquor license. Now, is it your testimony that they had a bond or they didn't have a bond, at that

A.

I don't know what he arranged with the town manager.

Q. Do you remember a liquor license hearing for
Pilgrim Golf in the May time frame of 2011?

A. I would assume, by reading this, that they were
in the process. They had not posted the bond with the town yet, and they were in the process of doing so.

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.

Q. Do you remember an issue regarding whether or
not Pilgrim Golf had posted security as part of the liquor license hearing?

Q. And as I recall, a bond was one of the issues
that you were most concerned about; correct?

A.

With reference to the liquor license, posted security, or as part of his original contract? MR. FOLLANSBEE: Well, strike that question.

A. Correct. Q. Can you explain why they were allowed to sign a
contract and take over the facility without posting the bond first?

A. I think you'd have to talk to Bob Troy or
Mr. MacDonald about that.

Q. Do you remember an issue coming up before the
selectmen about whether or not they should give

Q. Did they ever discuss it with you prior to this
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a liquor license to Pilgrim if they hadn't posted the security that was required under their contract?

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meeting of May 9th?

A. I can't honestly tell you the date the contract
was signed nor the time when the performance bond was or some sort of bond or letter of credit or something that that was ultimately given to the town.

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.)

Q. Have you ever yourself seen any bond or security
by Pilgrim Golf?

A. No. Q. Has anybody informed you that the security was
provided?

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.

Q. Not a chance. Because I've requested it, and
you haven't been -- you haven't provided it, and you certainly haven't happily provided it. Directing your attention to this meeting of May 9th, why was it that you were willing to vote to award a liquor license without the bond being there? MR. KREIGER: Objection.

Q. (BY MR. FOLLANSBEE) Sir, directing your
attention to what's been marked as Exhibit No. 12, the minutes of the Board of Selectmen dated May 9, 2011.

A. Yes. Q. Directing your attention to page 3 and the topic
is a Public Hearing, Liquor License Application, North Hill Country Club.

A. I think the recommendation of town counsel, at
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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.

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contract with the Town of Duxbury?

Q. Yes. A. I don't remember, specifically. I don't know.
If we signed it as a Board of Selectman, then I would have read it; and if we hadn't signed it as a Board of Selectmen, I may not have.

Q. And was it your memory that the contract had a
provision that you could revoke it on ten days notice?

Q. And was it your understanding that the Board of
Selectmen would be signing this contract?

A. That's not my understanding. My understanding
is town counsel informs us as to what we have to sign as members of the Board of Selectmen.

A. I don't remember the details. Q. Had you reviewed the proposed contract
yourself?

A. No. Q. Had anyone brought to your attention the fact
that the contract included a provision that would prohibit the proposer -- meaning Pilgrim Golf -- from questioning any decision by the town in court? MR. KREIGER: Objection.

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.

A. I've heard something to that effect, but I
haven't seen it myself in writing.

Q. You indicated that you reviewed the IFB that is
Exhibit No. 10. Did you review the proposed contract in

Q. So Bob Troy would know that knowing the Town
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that IFB?

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Manager Act and everything; right?

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?

A. No, no. I'm not sure if I said that I
reviewed the IFB. Maybe you can check my statement but.

A. I can't speak to what Bob knew and what Bob
didn't know.

Q. As a contractor yourself, would you sign a
contract that included a clause that said, in the event of any dispute, you are not permitted to go to court and contest it? MR. KREIGER: Objection.

Q. Well, the IFB that was sent out to prospective
bidders, Exhibit No. 10 -- and I call your attention to page 24, under the proposed contract -- doesn't it require the signatures of the Board of Selectmen?

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. It would appear so. Q. And wasn't that approved as to form by Attorney
Troy?

Q. And what if the client owes you money, do you
waive any rights to go after the balance due?

A. I wouldn't know. Q. Well, it indicates "Approved as to form" and has
a place for Attorney Troy's signature on page 24; doesn't it?

A. Not specifically. Q. Do you know who the individuals were -MR. FOLLANSBEE: Strike that.

Q. For Pilgrim Golf, have you ever reviewed their
contract with the Town of Duxbury?

A. It does. Q. And it indicates that you would be one of the
individuals signing the contract; correct?

A. Have I ever reviewed Pilgrim Golf's golf
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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

Q. And as far as your memory, you have no memory of
ever signing a contract; correct?

A.

I don't have any memory of it, but that's not absolute.

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.)

Q. But you do have a memory that there was some
sort of a debate between Attorney Troy and Mr. Donato about why the selectmen didn't sign this contract; correct?

A.

I do have a memory in the back of my mind to that effect, yes.

Q. And do you know what the final result of that
dispute was?

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?

Q. (BY MR. FOLLANSBEE) Do you recall it being
critical to you that the operator of the golf course have a bond?

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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.

Say that again now.

Q. Was it critical to you that the operator of the
golf course had a bond?

A.

Yes, or had some sort of performance arrangement that would protect the assets being held by the operator.

Q. And do you recall stating to the Duxbury Clipper
that it would be irresponsible of the selectmen to ignore the lack of a bond?

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.

Q. And that would be your position as a selectman;
correct?

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.

Q. Now, did you discuss with anyone when the
contract was awarded to Pilgrim Golf that Pilgrim Golf was a fairly new company?

A. A.

No.

Q. Do you know when Pilgrim Golf was incorporated?
I believe, it was right away.

Q. A.

Do you ever receive e-mail correspondence from Attorney Troy? Yes.

Q. By "right away," it was within two weeks of when
they were given the contract; right?

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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?

A. I understand that that's what it says under the
by-laws. And I also understand that there is a potential conflict between the Town Manager Act and the town by-laws. We don't sign a contract with Staples either as selectmen, but somebody does.

A. No. Like I say, I think that a performance
bond is required or some -- I should say -- some sort of surety, I'll reclassify that, as surety is required.

Q. And North Hill Golf Course -- let's be clear -is not like buying paper at Staples; is it?

Q. And at least, for the first five or six weeks
that Pilgrim was there, there was no security provided; is that correct?

A. I absolutely agree. But if I go by the letter
of that sentence that's in the by-law, every document would be signed by the Board of Selectmen.

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. But what we're talking about is a contract to
operate a multimillion dollar facility owned by the Town of Duxbury; correct?

A. My understanding was that Pilgrim Golf's
attorney was working with town counsel on putting together surety. He had offered all sorts of options, and Bob was trying to get his hands around which one he wanted to do or to

A. Correct. Q. And a multi -A. I don't know how many multis.
MR. KESTEN: What's the point of these questions? MR. FOLLANSBEE: What's the point of it?

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accept.

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MR. KESTEN: I mean, you're arguing the interpretation of statutes. It's not up to him. It's not up to you. It's up to a judge at the end to see if it's valid. MR. FOLLANSBEE: Well, I'm arguing with him about the by-laws. But -MR. KESTEN: I suggest you move on. MR. FOLLANSBEE: If you are suggesting that I'm beating a dead horse. MR. KESTEN: Yes. The horse has been dead for a long time. MR. FOLLANSBEE: Hang on just a second. (Discussion off the record.) MR. FOLLANSBEE: That's it. We're concluded. That's fine. Thank you. MR. KESTEN: That's it. (Whereupon, the deposition was concluded at 5:05 p.m.)

Q. And did you think it was responsible of the town
and the selectmen to have approved a contract without the security for Pilgrim Golf? MR. KREIGER: Objection.

A. Well, first of all, the selectmen didn't approve
the contract. The town manager approved the contract.

Q. And is it your testimony that the selectmen
never signed that contract?

A. I've said that before. I said I'm not sure
whether we signed that contract or not.

Q. And do you know what individual in Duxbury
waived the security when the contract was signed with Pilgrim? MR. KREIGER: Objection.

A. No, I don't. Q. Under your understanding of the town by-laws,
who would have that authority?

A. My understanding of the town by-laws is that the
contracts are signed by the town manager.

Q. And that's -A. You don't have to pull it out. Q. Am I misstating it if I suggest to you that
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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.

SHAWN DAHLEN SIGNED UNDER THE PENALTIES OF PERJURY

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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

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1

$
$169 [3] - 38:1, 38:6, 39:10 $20,000 [1] - 84:13 $200,000 [2] - 88:2, 88:11

1998 [1] - 17:1 1999 [1] - 15:10

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

77 [1] - 3:21 78 [1] - 3:22

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

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

Page 1 - 1

2

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,

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

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3

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,

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

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4

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,

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

Page 4 - 4

5

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

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

Page 5 - 5

6

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,

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

Page 6 - 6

7

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,

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

Page 7 - 7

8

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,

72:21, 72:22 numbered [1] - 49:9

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

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

Page 8 - 8

9

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,

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

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,

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

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,

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

Page 11 - 11

12

77:16, 82:21, 87:7, 87:8, 101:23, 102:4 types [1] - 33:18

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

DEPOSITION BRAMANTI & LYONS COURT REPORTING, INC.

OF SHAWN DAHLEN

Page 12 - 12