(TU – Londonderry) The Town of Londonderry has dismissed a complaint by Kristine Perez against Councilor Farrell, stating that Councilor Farrell did not violate the ethics code. Kristine Perez filed the following complaint:
On 4/22/24 at approximately 8 PM Councilman John Farrell exited the Moose Hill Conference room from the rear exit. He immediately approached me and in aggressive manner, pointed his finger directly in my face and yelled “Go ahead report me to the AG’s office. Bring it on bring it on” he then entered the men’s lavatory and when he exited, he again yelled “Bring it on, bring it on” waving his arms in the air. I responded, “you’re being an ass” to which he stated “you’re the ass just look in the mirror.” Please review the video tapes from the town hall, “Back lot, hall entrance B” for this time period. I felt extremely threatened by his aggressive actions and feel it meets the legal definition of assault without battery.
Complaint filed 5/3/2024 by Kristine Perez
The complaint stemmed from an interaction Perez had with Councilor John Farrell in the Town Hall after speaking during public comment.
Kristine Perez spoke at the 4/22/2024 Town Council Meeting asking for public comment to be added to the Town Council meetings, concerns of charter violations and the planning department reorganization.
Kristin Perez speak at public comment, 4/22/2024
Below is a video of the interaction between Kristine Perez and Councilor John Farrell. The video has no audio. Councilor John Farrell was contacted for comment but did not respond.
Video from Town Hall, 4/22/2024
Shortly after opening the 5/6/2024 Town Council Meeting, the council made a motion to enter Non-Public Secession under RSA 91A. The Council left the room and returned 7 minutes later. The council did not seal the meeting minutes. The Council also did not comment on the non-public session. According to the meeting minutes, the session was to discuss the complaint filed by Kristine Perez. The Town attorney “assumed the truth of the allegations” but found that Kristine Perez “does not allege conduct that would violate the Code of Ethics or fall within the scope of the Code of Ethics”. Chairman Chad Franz entertained a motion made by Vice Chairman Combes to close the matter with no further action based on the findings and advice supplied by Attorney Carrier. Councilor Faber seconded the motion. The motion carried unanimously, with Councilor Farrell abstaining.”
Minutes from Non-Public Session on 5.6.24
Following the pledge of allegiance during the regularly scheduled Town Council meeting on 5.6.24, a motion was made by Vice Chairman Combes to enter a non-public session pursuant to RSA 91:A-3 II(l) for the consideration of legal advice provided by legal counsel. It was seconded by Councilor Dunn and a roll call vote was taken, with each member of the Town Council voting in favor.All 5 members of the Council left the Moose Hill Room and moved to the TM Conference room on the second floor of Town Hall along with the Town Manager and Assistant Town Manager.
Attorney Megan Carrier indicated she had reviewed the Code of Ethics complaint made by Kristine Perez against Councilor Farrell, which had been received by the Town Manager and Chairman Franz on May 3, 2024 and referred by them to Attorney Carrier. She stated she reviewed the Code of Ethics, which requires complaints to be investigated. For purposes of her analysis, Attorney Carrier assumed the truth of the allegations. Having done so, she concluded that Ms. Perez’s complaint does not allege conduct that would violate the Code of Ethics or fall within the scope of the Code of Ethics. She provided a list of prohibited conduct, including conflicts of interest, a failure to recuse in quasi-judicial actions, a failure to disclose, unfair personal use of town property, misuse of confidential information, improper gifts, and failure to cooperate with an investigation. Attorney Carrier indicated that Ms. Perez does not allege such prohibited conduct in her complaint.
Chairman Franz entertained a motion made by Vice Chairman Combes to close this matter with no further action based on the findings and advice supplied by Attorney Carrier. Councilor Faber seconded the motion. The motion carried unanimously, with Councilor Farrell abstaining. Chairman Franz asked the Town Manager what the next steps are? The Town Manager indicated the minutes would be unsealed unless the Council makes a motion to seal them upon returning to public session. A discussion followed whether to seal Attorney Carrier’s advice. The Council determined that neither the minutes nor Attorney Carrier’s advice should be sealed.
At approximately 7:10 p.m. the Councilors returned to the Moose Hill Chambers and the meeting.
A motion was made by Vice Chair Combes to end the non-public session and return to the public meeting. The motion was seconded by Councilor Faber and all voted in favor by roll call vote.
Minutes taken and prepared by: Mike Malaguti
When public comment was opened Councilor Farrell immediately asked to speak and addressed comments made at prior town council meetings. Farrell referenced the alleged charter violation in regard to voting on the town budget. Farrell stated that the town council does not adopt or vote on the budget.
Councilor Farrell address comment made at prior meetings, 5/6/2024
Kristine Perez’s husband, John Perez, spoke at the 5/6/2024 Town Council Meeting, addressing concerns of a council member bullying and attacking his wife at the 4/22/2024 meeting. He expressed concerns about his wife attending future meetings. After speaking, the Town Council did not respond.
Resident John Perez addresses treatment of his wife at the 4/22/2024 town council meeting
On 5/8/2024 Kristine Perez was informed through email that Councilor Farrell did not violate the Town Ethics Code.
Please be advised the Town has investigated your complaint and determined that Councilor Farrell did not violate the Code of Ethics during your interaction on April 22, 2024.
Email from Town Manager Malaguti, 5/8/2024
Asked for comment, Kristine Perez stated that she did not file an ethics complaint but used the ethics form since it was the only form available on the town to file a complaint. The complaint filed was due to threatening and aggressive behavior of Councilor Farrell.
