Concord City Council Spat Arises Over Cop’s Wife’s Refusal To Recuse

CONCORD, NH — The Concord City Council voted to force a ward city councilor to recuse herself from voting on the police department’s budget as well as items connected to the department due to her husband’s job.

At the end of Monday’s finance committee meeting — a subcommittee of councilors that handles budget items and had met for two weeks, a council public hearing was held to vote on the city’s $170 million fiscal year 2025 budget. After Janice Bonenfant read the budget items — which included the budget, transfer, capital project funding, the acceptance of grants, and water and sewer rates, a public hearing was held, with no one speaking. The council then proposed action on the items that required a two-thirds vote. After making some minor tweaks via amendments to City Manager Tom Aspell’s budget — transferring $150,000 from various accounts for a slush fund to promote local events, increasing Concord TV’s budget by $20,000, lowering the proposed tax increase to around 3.5 percent from 3.9 percent, and shelving the Garrison pool for a year, Mayor Byron Champlin called for a vote on the amendments.

The amendments were approved by the council.

Ward 8 City Councilor Ali Sekou was absent from the meeting.

Ward 3 Ward City Councilor Jennifer Kretovic then asked if any city councilors would recuse themselves before voting for the budget. Champlin thanked her for raising the issue, and after about a minute of silence, he asked Ward 5 City Councilor Stacey Brown if she would be recusing herself from the police portion of the budget. Brown countered she believed she could vote on the budget, including the police items.

“I voted on the budget last year,” she said.

Champlin said she could vote on the budget but needed to recuse herself on the police items. He then caught himself mid-sentence and advised her to recuse herself from the police portion, “which, I believe, you’ve done in the past.”

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“I don’t believe I have,” Brown said. “Can we call up legal?”

Danielle Pacik, legal counsel for the city, said she did look up last year’s minutes, and it appeared Brown had not recused herself. She said recusal was at Brown’s discretion or Champlin’s discretion.

Kretovic said the operations budget included compensation and benefits for all employees, including police officers. Brown’s husband is a sergeant with the Concord Police Department. Kretovic was puzzled why there was no recusal in 2023 via Rule 6B but said, “I bet there was the year before … if it was missed last year, it was probably an oversight.” She suggested the board take it under advisement.

Champlin said he would rule she needed to recuse herself from that portion of the budget, something he could do under the rules.

Brown alluded to a prior conversation with Jim Kennedy, the former city solicitor, that it was about conversations, not votes on items, because there was a change in the rule and challenged Champlin’s proposal. Champlin said when he was on the board of the Greater Concord Chamber of Commerce, even though he didn’t benefit from it, he recused himself because the org received a donation from the city. He said he was moving to have her recused, but she could challenge him.

Brown called it “extremely broad” to have her recuse herself from anything involving the word “police,” and the entire budget was not about her husband.

Pacik said Deputy City Manager Matt Walsh eyed the minutes from the budget vote 2022, and Brown recused herself from compensation budget items and anything involving the Concord Police Department. She also challenged whether Kennedy gave Brown direct advice about the issue since he was “very careful” about not advising councilors about recusals and allowing them to make their own decisions.

Kennedy is now a superior court judge.

Brown said, again, the minutes did not reflect she recused herself in 2023 and said, “Personally, I am not gaining. This is a broad brush.” Champlin reiterated he was declaring a conflict and was directing Brown to recuse herself from the vote.

“It is compensation for your spouse as well as benefits for your spouse and family,” the mayor said.

Champlin added it was not to denigrate her husband’s service. But she could not vote for anything she or her family benefited from. He also said she could challenge the ruling, which she did.

At Large City Councilor Nathan Fennessy said he would be voting against recusing Brown but said he would be “surprised” if Kennedy spoke to her about the issue. Brown, he said, should make her own decision about it. However, he believed the “wise move” was for her to recuse herself.

Brown said she did recuse herself from the discussion about police compensation but perceived her vote now as supporting the council’s decision to approve the budget.

Champlin framed the motion as a “Yes” vote for Brown to recuse herself.

Ward 2 Councilor Michele Horne asked what Brown should recuse herself from. Champlin said compensation and items related to the police department.

At-Large Councilor Judith Kurtz also asked for clarification if a “No” vote meant the councilor could vote however they wanted and Champlin said yes.

Ward 7 City Councilor Jim Schlosser questioned whether the council could force a councilor to recuse themselves. Champlin said city rules allow the mayor to determine if there is a conflict of interest, but the councilor had the right to challenge the ruling and call for a vote. Kretovic then explained the rule that, actually, any council member could request a ruling, and that was what she was trying to do, giving Brown a chance to recuse herself so she wouldn’t violate the code of ethics.

A roll call vote led to a 7-7 tie.

Amanda Grady Sexton, another at-large city councilor, then offered a recusal of herself from any items related to the crisis center since she works for an employer who manages the center’s funds, and Champlin accepted the recusal.

Brown asked for clarification as to whether the previous vote was forcing her to recuse herself. The mayor mistakenly said No, that motion failed. Fennessy then stated he, too, believed Brown was now required to recuse herself since the motion was her challenge, not approving Champlin’s proposal.

“Thank you for clarifying,” Champlin said. “The hour is late, and the day is long. You’re right. You’re right. Your motion to challenge fails.”

Brown then clarified she would be recusing herself from the police budget and items related to the police.

“Thank you, councilor,” Champlin replied. “Thank you for that.”

The council then voted to approve the city’s operating and capital budgets. City councilors also approved new water and sewer rates.

The Board of Ethics is scheduled to meet at 3 p.m. to nominate and elect a chairperson of the board, review the rules, and set future meeting dates. Four complaints have been filed.

Editor's note: An earlier version of this story incorrectly stated Councilor Jeff Foote voted against the budget amendment to lower the tax rate. He voted for the amendment.

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