Former Gilmanton police sgt. says he was fired after sexaul harrassment charge lodged, sues to get job back

LACONIA — Former Gilmanton Police Sgt. Dennis Rector has challenged his March firing by saying he wasn't given a formal hearing with selectmen before his termination for alleged sexual harassment.

In a suit filed in Belknap County Superior Court, Rector said a female officer filed a complaint against him in January and selectmen hired an outside consultant to investigate her complaint.

He said that on Feb 15, the Board of Selectmen "invited" him to a meeting saying it would be his "'opportunity to present any further explanation (he) wished to offer...'"

He contends he was never told the hearing could result in his being fired or disciplined and that he was denied due process under New Hampshire law. He also said his dismissal was not done according to the Police Department's own internal rules and regulations.

Rector was hired by Gilmanton in 2006 and, as well as being sergeant and second-in-command of the small police department, was also the police prosecutor.

He is also asking for back pay, lawyer fees, and a right to go before the selectmen in an official meeting.

In its response, the town said the meeting it held with Rector was the meeting required under RSA 41:48 that governs the dismissal of a public employee.

The town's lawyer also raised the affirmative defense that Rector's dismissal was done for "sufficient cause" and none of his rights, according to the state's Right-To-Know Law, were violated because he could have had a public hearing in front of selectmen but never asked for one.

An affirmative defense in civil litigation means the defendant, in this care the town of Gilmanton, raised issues of fact not included in the plaintiff's, in this case Rector, initial complaint.

In its summary statement, the town said Rector's lawyer was told before the February meeting that it was to be his pre-termination hearing and Rector knowingly went to it without his lawyer or any witnesses.

"It was not the town's responsibility to present the plaintiff's case for him," wrote Atty. Andrew Livernois whose firm represents Gilmanton.

Livernois went on to say that Rector had been told a female subordinate had made a complaint of sexual harassment against him and he was given notice of the complaint and adequate opportunity to challenge it.

According to Livernois, the investigative report completed by the town, but not made public, described a "pattern of inappropriate behavior" by Rector toward a subordinate.

He also said Rector never denied the accusations when he was before Selectmen but chose instead to try and justify his behavior.

Rector's lawyer said he "expressed regret (to the board) if he cause anyone any injury" but that Police Chief Philip O'Brien made no presentation, didn't provide any witnesses or documents, and never made a formal recommendation .

"Rector was not afforded the opportunity to present witnesses, introduce documents, or cross examine," wrote his lawyer J. Joseph McKittrick. "The entire process lasted just minutes."

McKittrick also said nearly all complaints of verbal sexual harassment must be taken in the context and, if the case returns to the Board of Selectmen for a hearing as is requested, it must take into consideration the relationship between the two — they were apparently friends outside of the department — the extent of her participation in the conversations using language similar to his, and the extent to which sexual harassment or discrimination is systemic in both the town and its police department.

Rector's also wants to know to what extent he or anyone else in the police department was admonished or reprimanded for using similar language and the severity of that punishment.

A structuring hearing via telephone is scheduled for today.