Concord Deputy Police Chief Filed Discrimination Complaint Against City Before Retiring

CONCORD, NH — Nearly four years ago, Concord Police Deputy Chief Keith Mitchell retired after close to 31 years as a police officer in Concord.

A few weeks after he retired, he was honored by the Concord City Council with a proclamation for his time with the city, including working his way from the patrol division in 1989 to the deputy chief position in 2011. The event was all smiles and a lot of happy faces. But the tenor of that goodbye was not reflective of what was happening.

Months before, according to documents retained by Patch, Mitchell filed a complaint against the city, claiming “discrimination and retaliation” during his time with the department. Specifics were not named in the agreement. The complaint also never went to court and was settled.

Mitchell, on Monday, when asked about the settlement, offered no comment.

The city paid Mitchell more than $35,000 in severance and annual leave time and $50,000 in lost pay, which was paid by either the city and-or Primex3, its insurance company. In exchange, Mitchell agreed not to sue the city under the ADEA, the Age Discrimination in Employment Act, a federal provision previously known as the Older Workers Benefits Protection Act. He agreed to retire on June 30, 2019, announcing two weeks before that date, with a proclamation and letter of reference to follow.

A condition of the settlement also required Mitchell to “not make any false, disparaging, or derogatory statements in public or private, to any person, entity, or media outlet, regarding the city and-or any of its departments or employees.” The city, specifically James Kennedy, the city solicitor, Jennifer Johnston, its HR director, City Manager Tom Aspell Jr., and Concord Police Chief Bradley Osgood, also agreed to the same conditions.

Mitchell also agreed not to seek employment with the city — although he ran unsuccessfully for Merrimack County Sheriff in 2020 and 2022.

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