Resignation letter of Michael A. Sullivan - Aug 17, 2007

CAMBRIDGE CITY COUNCIL
Michael A. Sullivan
City Councillor
August 17, 2007

D. Margaret Drury
City Clerk
City of Cambridge
795 Massachusetts Avenue
Cambridge, Massachusetts 02139

Foremost, I want to thank you, Donna and your staff for your tremendous assistance and support over the past fourteen years. You and your staff are one of the many reasons why I have enjoyed serving on the Cambridge City Council.

Due to a number of recent events it is with a heavy heart that I regrettably must tender my resignation from the City Council effective today.

As you are well aware, this past January, I was sworn in as Clerk Magistrate for Middlesex County. Prior to my seeking the position of Clerk Magistrate, I reviewed the existing case law and Cannons for Clerks of Courts. In particular, I reviewed the case of Murphy vs. Nucci involving Suffolk County Clerk of Courts Nucci, who at the time was serving simultaneously as Boston City Councillor and Clerk and the filings in the matter. Justice Wilkins, of the Supreme Judicial Court, in his opinion in the case stated, "The two offices [Boston City Council member and Clerk-Magistrate] are not incompatible, although in particular circumstances there could be a conflict requiring Nucci to recuse himself from a matter." Notably the Cambridge City Council meets later in the evening (5:30 PM) than did the Boston City Council (4:00 PM) I took the additional step of contacting Mr. Nucci to discuss the situation.

In addition, I reviewed Cannon 6, which has a different impact on elected clerks as opposed to appointed clerks. The clerk's position I hold is that of an elected clerk. Cannon 6 state as follows:

CANNON 6. POLITICAL ACTIVITY AND ELECTIVE OFFICE
A Clerk Magistrate, other than an elected Clerk-Magistrate, shall refrain from political activity and, in particular, shall not: (4) hold or seek an elective public office if there is a likelihood that matters involving that office will come before the Clerk-Magistrate or the court in which the Clerk-Magistrate serves. An appointed Clerk-Magistrate may become a candidate for an elected Clerk-Magistrate position. An appointed Clerk-Magistrate who holds elective office at the time of the adoption of this Code may continue to serve consecutive terms in that office. (emphasis added)

Furthermore, the then current Clerk of Courts, Edward J. Sullivan had served on the Cambridge City Council at the time of his being sworn in as Clerk and completed his term on the City Council.

Based upon case law, the cannons and prior precedent in the position, I have had a good faith basis to believe that I would be able to complete the City Council term 2006-2007, I was duly elected to in the election of November 2005.

In December, prior to being sworn in as Clerk but after being nominated, pursuant to Rule 3:14, I sought an advisory opinion from the Committee on Ethical Opinions For Clerks of Court. In January, I received the Committee advisory and immediately took action to address the concerns by speaking with Regional Administrative Judge (RAJ) relative to the issues raised. The RAJ and the First Assistant Clerk put in place procedures to insure the integrity of the process, address potential concerns of parties and had parties brought into court to address concerns on the record.

I retained the services of a former Superior Court Judge, who had served on the State Ethics Commission to review the issue and provide me with his independent opinion. Accordingly he has advised me that in his opinion I have acted in compliance with all rules, regulations and state statutes.

On July 30th, I announced that I would not seek re-election to the City Council position.

There are still concerns relative to the Advisory Committee's opinion that my holding both positions simultaneously is "problematic". As I stated earlier I in good faith have relied upon case law and precedent in conducting myself over the last eight months and have taken appropriate steps to address concerns raised earlier.

To fully address the concerns of the Advisory Committee, I must resign as a Cambridge City Councillor effective immediately. This coming during the Council's summer recess will allow for the orderly transition to my successor before the City Council resumes this fall.

Please convey my appreciation to the members of the City Council for their support and my best wishes for a successful completion of the term.

I have enjoyed and appreciated the opportunity to have served afforded me by the people of Cambridge.

Sincerely,
Michael A. Sullivan