Town Manager Shaun Mulholland formally notified the Londonderry Town Council on May 18 that Councilor Ted Combes allegedly violated the Town Charter by interfering with town administration and communicating directly with a town employee regarding an ongoing administrative matter.
The allegation was outlined in a Memorandum for Record submitted by Mulholland to the Town Council and discussed during the council meeting Monday night.
According to the memorandum, Combes contacted a town employee by phone on May 13 regarding legal communications connected to an ongoing matter involving town administration. During the call, Combes allegedly told the employee that a recent email sent by the Town Manager was “false,” advised the employee to comply with an attorney if contacted, and criticized Mulholland’s handling of the situation.
The memorandum states that Combes allegedly told the employee that the Town Manager “does not know what he is doing right now,” “had no right to send this email out or direct town staff in this manner,” and was “violating HR laws.”
Mulholland cited Section 4.8 of the Londonderry Town Charter, which prohibits individual councilors from directing or interfering with administrative officers or employees, either publicly or privately.
The charter states: “No Councilor shall give orders to or interfere with the performance of the duties of any of the administrative officers or employees.”
It further states that any violation “shall constitute grounds for forfeiture of office” under Section 3.3 of the charter.
Mulholland said the reported actions represented direct interference in operational and personnel matters that fall under the authority of the Town Manager within Londonderry’s council-manager form of government.
“As Town Manager, it is my duty to enforce the Town Charter and applicable state laws governing administration of the Town,” Mulholland wrote in the memorandum.
The report also referenced RSA 49-D:4, the New Hampshire law governing council-manager municipalities, which establishes a separation between legislative authority and administrative operations.
The memorandum was accompanied by a written account from a town employee documenting the May 13 phone conversation.
According to the account, the employee was contacted on a personal cell phone while at work and was told about an attorney reportedly conducting interviews involving the Town Manager at the request of Town Council Chair Ron Dunn.
The employee stated that the matter was immediately reported through the appropriate department chain of command.
No formal action was taken by the Town Council during Monday night’s meeting, but the memorandum was submitted for council review and potential action under the enforcement provisions of the Town Charter.
Combes did not publicly respond to the allegations during the meeting, but interrupted Mulholland at one point, saying he disagreed with the manager.
Council member Dan Bouchard made a motion to have the matter investigated, saying, “This is very serious. It’s a violation to the Town Charter.”
Bouchard also asked to move forward with a policy on how the Council communicates with the town attorney.
Councilor Deb Paul seconded the motion, but both motions were voted down 3-2.
The matter is expected to be discussed at the June 1 meeting.
Following the meeting, Mulholland was asked if he would be moving forward in addressing the violation.
Mulholland responded, “The appropriate process is to notify the Council so that they can take the appropriate action to police themselves. Presumably they will perform their duties. If for some reason they are unable to do so I will do that which is required of me to enforce the provisions of the Town Charter.”