Commissioner, Sheriff call each other out

LACONIA — The conflict between Belknap County Commissioner Hunter Taylor and Sheriff Michael Moyer over Moyer’s handling of internal affairs investigations in the department has escalated to the point where each of them is now asking the county attorney to launch an investigation into the other’s conduct.

The written requests were submitted to Belknap County Attorney Andrew Livernois earlier this month, both men have confirmed.

In addition to requesting Livernois to investigate what Moyer alleges is Taylor’s continued leaks of “sensitive, non-public information” regarding investigations into the conduct of former Sheriff’s Department Lt. David Perkins, Moyer is asking the county attorney to initiate proceedings to remove that Taylor from office “for his repeated breach of confidentiality in personnel matters,” Moyer wrote.

After learning of Moyer’s letter dated Oct. 9, Taylor countered with a request to Livernois on Oct. 16, stating that Moyer’s treatment of Perkins may have been a violation the state’s official oppression law, which makes it illegal for an official “to refrain from exercising a duty of his office.” He further questioned in the letter whether Moyer’s actions may have amounted to criminal conspiracy.

Livernois, on Tuesday, refused to comment about the matter, even to acknowledge that he had received Moyer’s and Taylor’s letters.

Perkins, who at one point considered running for sheriff, was suspended with pay for six months and was the subject of three investigations before he retired June 19 after 18 years with the department.

Those investigations came after Perkins raised questions about the integrity of the Sheriff's Department's Drug Task Force, which is led by Sgt. Bill Wright, who is now running for sheriff to succeed Moyer, who is stepping down after two terms.

”If the sheriff wants me to be investigated, (and) he’s more (susceptible) to be investigated than I am, then let’s have everyone investigated, and get to the bottom of this,” Taylor said regarding his request to the county attorney.

Taylor, a retired attorney, had previously requested the state Attorney General’s Public Integrity Unit look into the Moyer-Perkins-Wright matter. But that office said the County Attorney’s Office was the appropriate agency to handle such an investigation.

Moyer said his request for the investigation of Taylor and his removal from office “speaks for itself. He repeatedly broke his oath of office. He has been telling the media and public what he’s learned from executive (non-public) sessions, and confidential correspondence. That’s obvious to me.”

For his part, Taylor is alleging that Moyer broke the law by failing to investigate Perkins’ concerns raised in an email to the sheriff regarding the integrity of some members of the Drug Task Force.

“The sheriff violated his own department’s regulations that states he is required to investigate all complaints made to the department,” Taylor said. “He did not investigate Perkins’ complaint. Instead he investigated Wright’s complaint about Perkins.

“I have a strong view that people need to know the full story … and why David Perkins didn’t run” for sheriff, Taylor said.

Among the violations that Moyer is alleging against Taylor is that the commissioner divulged the contents of a confidential letter from Perkins’ lawyer. That letter includes a claim that, after Perkins raised his concerns about the Drug Task Force with Moyer, the sheriff mounted a smear campaign against Perkins because the sheriff wanted Wright to be his successor.

Taylor, however, disputes Moyer’s claim that the letter was a privileged document, and so prohibited from being made public.

“It’s not subject to attorney-client privilege,” Taylor said of the letter. “It has nothing to do with the county’s position on the matter. It doesn’t discuss how the attorney might be planning to defend his client (Perkins) in court. I don’t think that was protected.”

Contents of the letter were first reported in The Laconia Daily Sun in August. Immediately following that two-part story, Moyer told the New Hampshire Union Leader that he would ask the county attorney to investigate how the letter became public. “These leaks are illegal and unethical and must stop,” Moyer said at the time.

Moyer said Tuesday that he has repeatedly told Taylor that there has been no misconduct by Wright or anyone else in his department. He said it is also his understanding that County Attorney Livernois has told Taylor the same thing, which the sheriff said amounted to an exoneration of Wright.

Taylor said Livernois “may have said to the commissioners that he didn’t see anything that was a problem,” but that he made that statement without thoroughly investigating the matter.

In an interview with The Sun on Aug. 27, Livernois couched his remarks in general terms.

"If I had reason to think a police department was not appropriately investigating a crime for personal reasons,” he said, “I would take it to the police chief and I would expect they would be concerned. I don't have any reason to think that's what happened in this case."

"When all of these stories started swirling about some months ago, some of the things being reported in the press sounded very alarming,” he added. “I have looked into it and don't have any reason to be concerned about any serious misconduct by police in the county."

Moyer charged that Taylor “is not dealing with the facts,” and that his leaks “have opened up liability for the county on many levels.”

Taylor countered, “ If there is any liability it is in the way they have treated Perkins.”

Regarding Moyer's call that Taylor be removed from office, Taylor said the decision to remove any elected county official rests with the County Convention — or delegation — which is the assembly of all members the state House of Representatives from a particular county. The panel would convene to consider an official's removal if the county attorney, a judge, or a two-thirds majority of the County Commission recommended that it do so, Taylor said.

Moyer said he wished he could release more information to the public about the matter, but his hands are tied because the attorney who is advising the county about the matter has advised against it.

The sheriff said he has long advocated for more transparency by law enforcement.

“The state needs to change the law that makes it easier for the public to get certain reports,” he said.

Taylor said the bottom line is that the public is being denied information that has a direct bearing on an upcoming election in which Wright is being challenged by former Sanbornton Police Chief Richard Robinson.

“I have a very serious problem with things being done behind the scenes which voters have a right to know about,” Taylor said. “My conscience is clear.”