Town administrator says he won't step step down

This story appeared in the Derry News on May 7, 2007 and was written by Courtney Paquette and Shelley J. Thompson

DERRY | In the same week that the Town Council began interviewing candidates for town administrator, the man now filling the position on an interim basis threatened to resign over critical comments made by a town councilor.

On Tuesday, interim Town Administrator John Moody said he would "walk out the door" unless Councilor Kevin Coyle apologized for saying that Moody had violated the town charter by signing contracts to provide ambulance service to Chester and Auburn without first showing them to the council.

"He severely damaged my reputation," Moody said. "I don't think he should be able to go unchecked."

But after speaking with Coyle on Wednesday, Moody said he is not going to resign. He said he will remain on board until a permanent administrator is hired. Interviews with the five finalists began this week, and a new administrator could be in place as early as next month.

"I was hurt by the public allegation, and I reacted," Moody said, explaining his comments on Tuesday, when he called for Coyle to apologize and said he would step down if the council didn't take disciplinary action against Coyle.

Coyle called Moody on Wednesday not to apologize, but to explain that his concern was not focused on Moody's actions, but those of fire Chief George Klauber. He told Moody he never intended to harm the town administrator's character.

Moody maintains that he followed proper procedure in signing the contracts, and that the town's attorney agrees with his position.

But Coyle said he still believes the Town Council is responsible for approving the contracts. Both cite the town's charter as the rationale for their position.

Coyle acknowledged that Moody, who has only been the interim town administrator for three months, would not have been aware of prior discussions about the ambulance contracts. He said his real issue is with Klauber. He said he raised the issue of bringing the ambulance contracts before the council to the fire chief last year. After that discussion, he said Klauber should have brought the contracts to the council this year.

Klauber has said he answered questions about the contracts last year and was not directed to bring the matter back.

Council Chairman Craig Bulkley agreed with Klauber's recollection. When the ambulance contract came up last year, Bulkley said, the council, as a whole, did not decide to have it come back to the council.

"Those involved proceeded as they had in previous years," he said, noting that the town used the same procedure it has used since the 1980s. Klauber, Moody, town staff and the town's attorney "followed precedent and the charter," he said. But he said the council "obviously" has some difference of opinion.

Bulkley said he has agreed to put contracts on the council's agenda for an upcoming meeting, probably in June. But he said he doesn't want to see the council micromanage the town or overstep its bounds to directing the day-to-day operations of the town.

"Things may change, things may stay the same," he said.

Meanwhile, Coyle is working on an ordinance that he plans to propose that would require contracts where Derry gives services to other towns to go to the Town Council for review and approval. He said the ambulance and fire dispatch contracts are the only ones of this sort.

Coyle said he hopes to have the proposal ready for the next regular Town Council meeting on May 15.

"I think it needs to be unambiguous as to how these need to be approved," he said.

Moody said it makes sense for the council to consider a procedure or policy on long-term contracts so staff has clear direction.

Bulkley said the Town Council doesn't think Moody did anything wrong, and he will continue "doing the good work he's done in the last several months."