Sheriff Moyer objects to public airing of lengthy department dispute

LACONIA — Belknap County Sheriff Mike Moyer objects to a public airing of a personnel matter that has roiled his department, led to a lengthy leave for his top deputy, resulted in three investigations and a demand for damages.

The controversy was the subject of a two-part story in The Laconia Daily Sun last week.

Moyer told the New Hampshire Union Leader for a story Saturday that he would ask the county attorney to investigate how personnel information from his department became public. He was quoted as saying, “These leaks are illegal and unethical and must stop.”

On Monday, Moyer told the Daily Sun he would have no further comment.

“If and when I do send a letter to the county attorney, I'll certainly let you know,” he said.

Daily Sun Publisher Adam Hirshan said the newspaper did nothing wrong.

“We broke no laws or breached any ethical boundaries, and stand by our stories,” Hirshan said.

“The public clearly has an interest in knowing how their Sheriff's Department operates, and that extends to personnel decisions when there are allegations of improper conduct or when those decisions have the potential to cost taxpayers thousands of dollars.”

County Attorney Andrew Livernois did not return a call for comment.

Belknap County Chief Deputy David Perkins, who earns $1,744 per week, has been on paid administrative leave since Jan. 14. He has consistently refused to comment.

On April 24, County Administrator Debra Shackett declined a Daily Sun request under New Hampshire’s Right to Know Law to release a hostile workplace complaint from Perkins on the basis that it pertained to internal personnel practices and was, therefore, exempt from disclosure.

The newspaper plans to resubmit the request in the wake of a Friday state Supreme Court ruling that threw out a 27-year-old legal precedent on this exemption.

Attorney Peter D. Anderson sent a letter to the county on Perkins' behalf. 

It promises a lawsuit if Perkins is fired and proposes two settlement options.

The first would have Perkins resign in exchange for three years severance pay at his current salary of $90,729.60 a year, which would cost the county about $272,000. Perkins is also demanding an additional $250,000 for emotional distress, plus attorney's fees. All told, this settlement would cost Belknap County taxpayers – or their insurance company – more than a half million dollars, not counting more than $30,000 Perkins has collected so far while on paid administrative leave.

The second proposal is to have the county remove Moyer from office and keep Perkins in his current position. If that happens, Perkins would agree to retire and forego all claims against the county and sheriff.

According to the account from Perkins' lawyer, it started when Perkins raised questions about the integrity of the Sheriff's Department's Drug Task Force.

“I think the integrity of the unit...will have to be looked into,” Perkins wrote in an email to Moyer last August. “I'll wait to hear from you.”

Moyer was on vacation at the time, and Perkins – as acting sheriff – was planning to bring in an outside agency to investigate the Drug Task Force, which is led by Deputy Sgt. William Wright. Perkins’ concerns centered on a drug investigation regarding a person who had a connection to a member of law enforcement.

Both Wright and Perkins have expressed interest in running for election this fall to succeed Moyer as sheriff. He doesn’t plan to run again.