To the editor:

A proper respect for the role that different people are accorded usually requires that attorneys do not question a town or city solicitor in front of the body that they represent. I violate that prescription because I am very troubled.

At the Aug. 11 Portsmouth Town Council meeting, several things occurred. One was that, at a public meeting, the current town solicitor suggested that the employment practice that the town had followed for, I believe, at least 20 years, was based upon a misunderstanding. I will say unequivocally that I believe he is wrong. But that is not the issue.

A town solicitor should never advise in public session that a past practice has been wrong. Such an opinion invites all manner of litigation. Properly, a solicitor should request an executive session, laying out the concerns about the practice and methods to correct it.

In addition, at that same town council meeting, the current solicitor advised the council that he had prepared a resolution for an individual town council member that was, in fact, on the docket for that night. A town solicitor does not work for a town council member. The town solicitor works for the town and may, at the request of the council, draft resolutions and proposals. An individual council member has no more right than a non-member to ask for the town solicitor’s assistance.

As the matter before the council with respect to the hiring of an employee progressed, a number of issues developed that could not be characterized as other than personnel issues. Without the permission of the person involved, those matters are not to be discussed in public.

The call on whether or not something is getting out of bounds can be raised by any member of the council or any member of the administration, but ultimately it is the decision of the solicitor as to whether a matter should or should not be discussed in public. If the solicitor is present (as he was on this occasion), he should raise the issue. The council may ignore that advice, but it does so at its peril.

I regret the necessity of writing this letter, but I sincerely believe that certain members of the council are acting far beyond their legitimate role in office.

Sincerely,

Chuck Levesque

Portsmouth