County Contract Signed; Davis Starts on Tuesday

By ALEXIS TONTI

After an exhausting search process that began in January, the Dukes County commission signed a three-year $71,000 contract with the new county manager Thursday afternoon.

E. Winn Davis, executive secretary of the town of Hanson, will start work Tuesday as the chief executive official of Dukes County. He plans to split his time between Hanson and the Island during a transition period of from two to four weeks. His annual salary of $71,750 will be prorated until Mr. Davis begins his full-time responsibilities.

The commissioners worked out the contract last week in executive session and spent only a few minutes yesterday reviewing the details. They also officially approved Mr. Davis's off-Island residency; he will commute from Falmouth for at least the next two years.

The room breathed a collective sigh of relief when the commissioners finished signing the contract. They had come this close once before, in May, but rescinded their first offer of employment to Laurie Perry after they were unable to confirm her education credentials.

Earlier this week, news surfaced that Mr. Davis gave up his license to practice law in 1992 amid allegations of professional misconduct. Chairman John Alley said on Monday that the incident was not a factor in their decision. Afterward, however, the commission requested further information from Mr. Davis to clarify that part of his background.

In response, Mr. Davis submitted a letter citing past medical difficulties as the root of the problem. He said the allegations of mishandled funds were without substance, and that none of his clients lost money as a result of his illness.

Mr. Davis wrote: "In 1983 I began the practice of law with a friend and mentor. By 1986 we had become partners and bought a building for our offices. Immediately thereafter my partner decided to take a sabbatical from his practice and that turned into a permanent change of life.

"I was left with a building to pay for in a down-turned economy. It required many hours of work just to pay the bills. I had to change my practice to suit the economy, from land use law to general practice, including divorce and criminal law. By 1991 I had worked for seven years without a vacation, and I had entered a full blown, severe depression without knowing it.

"Part of the symptoms of the depression was ‘avoidance,' avoiding clients, avoiding finishing projects, avoiding paperwork, etc. My friend was unable to deal with this and went to the Board of Bar Overseers. Interestingly, it was the Board of Bar Overseer investigator who saw my condition and recommended I seek professional help.

"I did seek that help and the diagnosis was a first time, heavy, severe depression. I realized that I could not get healthy and maintain my practice. I sought a disability inactivity designation and the BBO awarded that status. At the same time I made sure that all my client's escrow funds were returned, and even reimbursed clients who were disputing bills. All clients received all funds due them.

"The Board of Bar Overseers has carried me in the status of disability inactive status since December 1992. . . . I am free at any point in time to apply to reactivate my right to practice."

Mr. Davis spent 18 months in therapy and on medication to restore himself physically, and afterward required neither further counseling nor medication. "Since that time I have been able to discharge my duties well and to the satisfaction of many. I simply had to find out that the law was not for me," he wrote.

He concluded: "I believe that my illness, and the way I was treated during that illness, has made me a better person with more compassion than I had before. It has also made me resolute to carry out my responsibilities, despite the personal costs."

The commissioners did not comment on the letter Thursday afternoon. They thanked the screening committee for its hard work and dedication and thanked acting manager Dianne Powers for her "yeoman service."