During the 10/5/2026 Londonderry Town Council meeting, Councilor Dan Bouchard strongly criticized the validity of the process used by a three-member subcommittee to terminate the town manager without proper discussion or a legitimate legal opinion. Councilor Paul argued that Chairman Dunn violated free speech and council rules by attempting to silence Bouchard, refusing to seek a second legal opinion from qualified municipal firms, and ignoring standard procedures. Furthermore, Bouchard emphasized that public employees are legally entitled to due process and Loudermill rights before facing termination, prompting him to motion for the reinstatement of the town manager. Ultimately, the council voted down his motions amidst heated exchanges and a brief recess called by the chair. The Chairman ordered that the video and audio feed be cut during the recess.
Below is the document Councilor Bouchard attempted to read before the audio was cut
As you started our last meeting on September 21 by stating the council has a pressing matter.
I have a pressing matter to address to the citizens of this community.
This is not about weather the town manager should or should have not been fired but about the process of how this was done and the validity of the process that was used by three councilors.
June 15, 2026 When councilor Dunn formed his legal subcommittee with councilor Faber councilor Dunn stated we will not be expending any money.
Dunn stated this is going to save us legal cost. That has not happened
Sub committee will be interacting with the council. That has not happened
Sub committee will send out emails. That has not happened
Sub committee will review documents, limit the cost and share with the information with the council. That has not happened
It was brought up that the sub committee would be expending funds that they do not have the authority to do as two councilors.
Councilor Dunn stated he would get a legal opinion if this sub committee is legal and allowed.
- Where is this legal opinion? I have never seen it.
- Who gave the legal opinion?
? Attorney with no municipal law experience
Legal Opinion:
The last meeting on September 21 Councilor Dunn stated
“The council special committee recently requested a legal opinion regarding the proper procedure for terminating the town council’s appointment.”
- Terminating the town managers was never discussed with the entire council prior to the September 21 meeting.
- The special committee expended funds without the approval of the entire council.
- Who gave this legal opinion? The attorney that works for 3 councilors using taxpayer money for their own personal agenda. When the council put out an RFK and we were looking to hire a legal firm. We had three firms submit the information under the RFK all with municipal law experience.
I asked for another legal opinion and was denied.
When we have received legal opinions in the past you have allowed Councilor Fabers request to get a second opinion. But in this case where you have a legal opinion from your hand-picked attorney with no municipal law experience that says our town charter is wrong, you refuse my request.
The NH Attorney General’s office recently reviewed the charter and nothing was brought up about this being wrong, unenforceable, illegal or state statue superseding what we have in our charter since 1996.
We have had people serve as councilors that were attorneys that followed the charter and never questioned it. We had Mr. Bob Carr a resident on the charter commission that was also the town attorney if anyone would have had a problem with the charter, he would have made sure the state statue would have been mentioned. The attorney General’s office did state the recall provision in the charter is illegal and that needs to be removed.
Is your attorney that has no municipal law experience what soever is saying that every charter in the state is wrong? Every town manager that has a contract has no protection no due process?
People in this town voted for this process they have the right to change this process if they want to and chose to but they have not done that. The will of the people was to have the checks and balance and you took that away.
Motion
I make a motion that the Londonderry Town Council seek a second opinion on the Town Charter Article 4 Administration of Government section 4.1, 4.2, 4.3 and 4.5. This second opinion is to be from one of the 3 law firms that responded to our RFQ that has municipal law knowledge and experience. Since Sheehan and Phinney has indicated a conflict in the past that Drummond Woodsum or Upton & Hatfield be the firms we contact to get the second legal opinion.
Let’s talk about councilor Objection
Town Charter Article 3 section 3.6 E
Council Objection – On the first occasion that the question on adoption of shall join in the objection, such postponement shall be until the next regular meeting. This procedure shall not be used more that once for any agenda item.
Any item once postponed shall not be further postponed under this section. The council objection privilege is not available with respect to the emergency ordinance.
Municipal Code Town Council Rules
#7 On the first occasion that the question on adoption of a measure is put to the Council, if a single Councilor objects to the taking of a vote, the vote shall be postponed until the next regular meeting. This procedure shall not be used more than once for any agenda item. Any item once item once postponed shall not be further postponed under this section. The council objection privilege is not available with respect to the emergency ordinance. (Charter Section 3.6E)
- Where does it say it does not apply because it is a personnel matter?
- There is nothing in the charter or the town council rules that says the Chair can refuse the council objection.
- Did you get a legal opinion on this before the meeting?
- Did you get a legal opinion on this after the meeting?
Councilor Dunn Why have you allowed another councilor to use councilor privilege on a personnel matter and refuse mine? Is it because that councilor is one of the privileged trio?
The 3 of you voted to hire him and signed the contract and you didn’t follow this due process.
Does the contract that you signed mean nothing?
Does any councilor up here know what a what a Loudermill Hearing Is?
Any employee that is employed by the town of Londonderry has a due process that is followed when their actions needed to be corrected if they did something wrong. We allow everyone the opportunity to be heard and present their case before any termination. However, 3 councilors decided to ignore this process and probably are not even aware of it when they voted to fire the town manager. It is clearly spelled out in the Charter and that is ignored to further their personal agenda.
Motion
I make a motion that the Londonderry Town Council reinstate Shaun Mulholland and allow the due process that is prescribed in the charter and is required by the courts under the 14 amendment to the United States Constitution and as the United States Supreme Court has decided in 1985 Cleveland board of education vs Loudermill.
I was subpoena to court on September 24, 2026
Councilor Dunn and his attorney Bill Christie were present.
I learned that a $300,000 offer was made to the former town manager.
I do not know where this came from, I was never made aware of this and have no idea where the money would have come from within the budget without cuts and impacting services.
Again, this is a prime example of a few councilors doing what they want at the expense of the taxpayers.
Related Posts:
Town Manager Firing Information Page
New Hampshire Town Tells Councilors Not to Speak to the Press
Londonderry Town Charter Does Not Conform with State Law?