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May, but rescinded their first offer of employment to Laurie Perry after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."