NEWPORT — A Selectboard member who is a former police chief has denied allegations from the Police Department that he improperly used his position as a board member to involve himself in an internal affairs investigation.
At Monday’s Selectboard meeting, board member James Burroughs defended himself after a resident read aloud a letter written by Police Chief Stephen Lee, who alleged that Burroughs had violated the board’s operational guidelines, which prohibit board members from participating in an investigation of a town employee.
Burroughs, who spent a career at the Newport Police Department and was chief for 10 years before retiring in 2020, called the allegations “horrible.”
“To think that I would be operating in such a way that I would be trying to harm (anyone) in any way is hurtful,” said Burroughs.
At the outset of the board’s discussion on Monday, Selectboard Chairwoman Rachel Dilger made clear that at no time did the board authorize any member to conduct an investigation.
She also summarized what legal counsel had concluded about the allegations against Burroughs, including that they could create serious liability issues for the town and could constitute a privacy violation.
Ultimately after an hour of discussion, the other Selectboard members took no action on Monday on the allegations against Burroughs and concluded that the issue had been resolved.
In his Nov. 17 letter to Dilger, Lee alleged that Burroughs made a specific request concerning records of police department employees at a local business in clear violation of his authority as a board member.
“It has come to our attention that Selectman James Burroughs approached the owner of Newport Fitness and asked to inspect the private memberships card swipe records of police department employees,” begins the letter, which was read into the record by resident Bert Spaulding. “The owner of Newport Fitness appropriately denied the request.”
The letter, which was also signed by the Newport Police Benevolent Association and Lt. Jereme Burdick, alleged Burroughs’ actions have created a “hostile work environment” at the department.
Lee said he and the town manager “thoroughly investigated” the complaints and found them to be “unsustainable.”
Lee said no board member has the authority to conduct an internal affairs investigation on his own and the Selectboard’s handbook and operational guidelines are clear on this point.
“Mr. Burroughs used his position as selectman to interfere in the internal affairs investigation duties of the town manager and myself,” Lee wrote.
“Using his official position to request private business records of police department employees not only violated the selectmen’s operational guidelines and handbook but also violated the New Hampshire Constitution,” the letter stated.
The letter asked that the behavior outlined in the complaint “cease.”
On Tuesday, Burroughs explained he received a call from a resident late last summer claiming Newport police were using the fitness center while on duty and not responding to calls. He reported the complaint to Town Manager Kyle Harris as required by the Selectboard’s guidelines.
“If you hear something that rises to the level of concern, it is my elected duty to report that to the town manager,” Burroughs said. “If it warrants further investigation, so be it. If it is unfounded, great.”
At Monday’s meeting, Burroughs acknowledged speaking to Jeff North, a fellow Selectboard member who owns Newport Fitness with his wife, Heidi, but he denied asking for the records of officers’ visits.
“Inquiring if records are available should the manager need access to them is very different than me going out on a limb and saying I am going to conduct an investigation,” Burroughs said.
North backed up Burroughs’ account of the exchange.
“Jim did come to me and it was a very short discussion,” North said at the meeting. “He did not state to me personally that he wanted the records. He stated, would the records be available should somebody want them to conduct an investigation.”
North also said he didn’t feel that Burroughs’ question came with “any ill intent.”
But board member Herb Tellor had a different perspective.
“Merely asking for these records was wrong,” Tellor said toward the end of the one-hour discussion. “That was overstepping your bounds as a selectman.”
Rather than asking about the records himself, Burroughs ought to have stopped after referring the matter to the town manager.
“I’m sure you had the best of intentions and that is what makes this harder,” Tellor said, “but your intentions are not the question, the actions you took are.”
Burroughs reiterated the point that asking about the existence of the records is different than attempting to conduct his own investigation.
“I know that is not OK. It is not correct,” Burroughs said to Tellor. “Because I know that, I would not put Jeff in that position.”
Having lived and worked in Newport his entire life, Burroughs said he is a familiar face and may get up to five calls a day from residents with concerns.
Given his background, Burroughs said, he is highly familiar with Selectboard operations, the operations of the police department and the protocol when it comes to internal affairs investigations.
“I understand the rules and where lines should and should not be crossed,” Burroughs said. “If we can’t bring concerns forward to the manager, why do we have a board? Citizens should be able to voice concerns to elected officials, and we should be able to voice those concerns to the town manager.”
Burroughs said he has tremendous respect for Lee and the department and he would take offense if he felt he was being singled out or was trying to hurt the morale of a department.
“Not the case,” Burroughs said.
Dilger said the discussion about Burroughs’ conduct did not take place until Monday’s meeting because she waited to alert the rest of the board to the letter until after she met with legal counsel and she wasn’t able to do that until after the holidays.
Burroughs received the letter Jan. 13 and said during the meeting the issue could have been resolved two months ago had he been aware of the letter.
Lee, who was in the audience, did not speak during the meeting. A message left for him Wednesday was not returned by deadline. Harris, the town manager, did not speak during the discussion either.
Patrick O’Grady can be reached at pogclmt@gmail.com.