Second Merrimack County Sheriff Staffer, A Major, Accused Of Misconduct

CONCORD, NH — A second command staffer inside the Merrimack County Sheriff’s Office was placed on leave earlier this year at the same time a former sergeant was accused of sexual harassment — but the employee resigned before an investigation could be completed against him.

Rod Forey, a per diem employee at the Merrimack County Sheriff’s Office who was promoted to a part-time major’s position by Sheriff David Croft, was placed on administrative leave on May 17 — the same day Richard Arell Jr., a former sergeant, was also placed on leave. Both were placed on leave due to complaints against them — Arell was accused of sexual harassment and inappropriate conduct; Forey was accused of “misconduct (alleged),” according to Sara Lewko, the county’s HR director.

Drummond Woodsum, a Manchester law firm, was hired on May 18 to investigate eight complaints — five inappropriate conduct complaints and three sexual harassment complaints. While most of the allegations were against Arell, some were against Forey, too, which is why he was placed on administrative leave. An administrative leave form was immediately filed for Arell but not Forey, a past Concord city council candidate. Forey's departure effectively ended the misconduct investigation against him because he was no longer an employee.

Drummond Woodsum, which is on retainer with the county, was paid nearly $14,000 to handle the investigation. It led to Arell admitting he inappropriately touched employees who were men and made inappropriate comments in front of both women and men in a June 20 memorandum to the county administrator, Ross Cunningham.

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During the investigation, Penny Wheeler-Abbott, the Drummond Woodsum investigator, uncovered concerning information about how the department functioned as well as “gender bias within the sheriff’s department with regard to assignments and training.”

Former Female Deputy Speaks To Investigator

As the Arell investigation was being finalized for the county, a former sheriff’s deputy, Jennifer Boucher, who left the department in late May and raised the initial allegations about gender bias in the department under Croft, was interviewed by Wheeler-Abbott.

In a June 24 interview with the investigator, she claimed Forey was disparaging toward women during her inaction with him and displayed conduct unbecoming of an officer.

During a training session, she accused Forey of calling women in law enforcement “quota hires” who did not deserve their jobs. Boucher, who was with the department for six years, said the comment was made during an implicit bias training while referencing the Manchester Police Department’s recruitment effort of women.

She also accused Forey of calling her, one of two female deputies in the department, a “lipstick cop.”

The former deputy also said Forey requested she cancel an event she was organizing to raise funds for a rape aggression defense program in the county, calling it one of her personal failures, even though the event, which was not canceled, went on to be a success.

Forey was also accused of telling her she could not take a county cruiser home because she was residing outside of the county temporarily and needed to be on call with a vehicle. However, men who lived outside the county were allowed to take cruisers home. This led to Boucher missing out on opportunities to assist other police departments who may have needed assistance with male deputies being sent instead, she claimed.

After some back and forth about the issue, Boucher went to the department's union, and later, a complaint was filed against Forey with human resources.

Boucher also told the investigator that during Croft’s tenure as sheriff, she was told she did not need certain training and was the only deputy not allowed to participate in flying armed training.

In comments to Patch, several current and former employees in the department backed up the former deputy’s accusations against Forey. Lewko also confirmed she was interviewed by Wheeler-Abbott as part of the investigation. Boucher's comments, however, were not incorporated into the final investigation summary because Forey was no longer an employee of the department.

The firm ended its work on the matter Aug. 30.

Documentation and work product collected by Wheeler-Abbott for the county is being kept from public view due to attorney-client privilege.

Forey Denies Allegations; Croft Denies Prior Knowledge

This week, Forey was emailed several questions about the allegations.

Through his attorney, Jim Rosenberg of Shaheen & Gordon, Forey said, “The allegations are patently untrue,” but offered no other comment.

Croft also refused to answer questions about the allegations this week.

Croft, however, during an interview in October, denied any knowledge of gender bias issues or women being treated unfairly in the department.

When asked why Forey was placed on administrative leave, Croft said, “he moved forward in pursuit of his career elsewhere.” The sheriff was then asked why Forey was placed on administrative leave instead of just quitting. Croft said, “He resigned and moved on.” After being asked again why Forey was placed on administrative leave, “there was no wrongdoing; he resigned,” Croft said.

Paperwork Snafus

According to documents received by Patch through 91-a requests, on May 25, Forey agreed to tender his resignation on June 7, and Capt. Todd Corey of the sheriff’s department printed and submitted a Benchmark Analytics Form B filing with New Hampshire Police Standards & Training Council. The resignation was designated an “ordinary resignation.”

Croft failed to submit the administrative leave Form B paperwork for Forey until Aug. 30, three and half months late.

On July 5, Croft submitted, and Corey printed, a Form B status change for Arell, with an effective date of June 24, stating he resigned in lieu of dismissal.

On July 6, Patch began inquiring to the police standards and training council about the employment status of Arell and Forey.

David Parenteau, a retired major who works in the bureau of standards at the police standards g, confirmed on July 12 they were no longer employed but the sheriff’s department but did not know why they were not employed or if they were employed at other departments. Patch uncovered the reasons later through public records requests from the county.

On July 20, Croft spoke with John Scippa, the director of the police standards and training council, about the situation.

On Aug. 16, Croft wrote a letter to Scippa following up on their discussion in July.

“Consistent with your guidance,” Croft wrote, “I am submitting the Form B with regard to Major Rod Forey being placed on administrative leave.”

Croft also said, regarding the previous Form B filed and Forey’s resignation, “at no time was there any indication that Mr. Forey was in violation of NPSTC rules 101.28, 101.29, or 402.02. Major Forey was not the subject of any investigation.”

According to the state rules, 101.28 addresses “moral character,” 101.29 addresses “moral turpitude,” and 402.02 is “revocation or suspension.”

Croft filed an administrative leave form for Forey two weeks later.

During the October interview, Croft was also asked why Forey’s Form B administrative leave paperwork was submitted to police standards and training on Aug. 30, instead of May 17.

He said, “I guess I … he … there’s nothing here with Mr. Forey. He resigned, and I’m just going to leave it at that.”

Later, he added, “I guess, I don’t know exactly why. I don’t have it in front of me, so I don’t know.”

Forey has moved onto another department: According to the Coos County Sheriff’s Department, he has taken an oath there for possible future employment. He began the process in June, a staffer said, but had not yet been hired. Forey also still works for Homeland Security.

Arell has been able to keep his police certification and later, was hired by the Webster Police Department, on an as-needed basis, according to the town’s administrator.

Parenteau would not comment on any specific incidents or open investigations by the police standards and training council.

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