Londonderry council deadlocks on formal inquiry into alleged charter violations, later authorizes manager to retain counsel

The Londonderry Town Council on June 1 debated a formal inquiry into allegations set out in a May 17 memorandum accusing Councilor Ted Komes of charter violations but failed to adopt the initial motion after members said they needed legal advice first.

Councilor Dan moved that the council, pursuant to Section 3.14 of the Londonderry Town Charter, commence a formal inquiry and require the production of documents and testimony related to the memorandum. Councilor Deb seconded and several councilors objected to progressing without consulting the town’s legal counsel, saying discussing the matter publicly could interfere with a lawfully pending process. After discussion the motion failed on a voice vote with the chair opposing.

Shortly after, Councilor Dan offered a second motion asking the council to authorize the town manager, under section 4.6.a of the charter, to retain independent legal counsel to investigate and advise on enforcement steps tied to the May 17 memorandum. That motion was seconded, debated and carried on a subsequent voice vote, authorizing the town manager to seek counsel to review the allegations and applicable charter provisions.

The council did not provide a detailed timetable for the independent review during the meeting; councilors said they expected to consult legal counsel promptly and that the manager would pursue the retainer and report back. No fines, removals or formal sanctions were adopted during the June 1 session. The record shows multiple council members emphasized the need to follow due process and rely on attorney guidance before taking further action.

What’s next: The town manager is authorized to retain independent counsel and to request documents and appearances as needed; the council said it would await counsel’s guidance before taking any formal disciplinary steps.