Fisheries and Game Commission calls on Governor to suspend Susan Price by 8-1 vote

By PAULA TRACY, InDepthNH.org

CONCORD – Members of the New Hampshire Fish and Game Commission voted 8-1 Tuesday to recommend disciplinary action against Carroll County Commissioner Susan Price of Moultonborough for violating a law that prohibits commissioners from discussing personnel matters.

The report, now considered an “interim injunction,” recommends that Governor Chris Sununu and the five-member Executive Council suspend Price for the remainder of her four-year term, which ends June 29, 2025.

Price had previously told the department’s human resources director that she would become the department’s interim executive director and then clear the air by addressing an issue with Colonel Kevin Jordan and his wife Lisa, both of whom work together as secret employees.

Price, who denies ever discussing a firing or transfer with the human resources director, plans to appeal the decision.

Sununu, a Republican who is not running for re-election, nominated Republican Price in 2021.

A representative of his office was present at the vote on the findings of fact on Tuesday and at the evidentiary hearing at Fish and Game headquarters in Concord.

The members of the New Hampshire Fish and Game Commission are appointed by the Governor in consultation with the NH Executive Council. There are 11 members, one from each county in the state and one representing the coastal region.

Price is first requesting a review of the decision, and so the document is considered an “interim injunction” until a decision on review is made, said Thomas P. Velardi, assistant attorney general who is presiding over the hearings.

Price’s lawyer will present his reasons for the retrial, which will then be reviewed by Velardi. The commission members will meet again at the end of July to hear his opinion.

The commissioners act as a jury in this case, and unanimity is not required to proceed with the verdict.

The decision may be appealed to the state Supreme Court.

In May, after a day of deliberations, the commission recommended suspension by a vote of 5 to 4, concluding that she had violated state law by suggesting that she would come clean if she became interim director of the agency.

The matter was due to be concluded on Tuesday when Velardi’s 52-page findings of fact, legal conclusions and recommendations for disciplinary action were submitted.

On Tuesday, all other members except Sullivan County Commissioner Bruce Temple voted to recommend to the governor and council that Price be suspended.

The case is set to resume at 9 a.m. or earlier on July 29. Price’s attorney, William Woodbury, is expected to argue procedural errors as a basis for a retrial.

If the commission declines to reconsider and stands by its findings, it could still appeal to the state Supreme Court before the governor and executive council formally request action.

Velardi noted that a representative from the governor’s office was present throughout the proceedings, including the evidentiary hearing on April 15.

Col. Kevin Jordan, the law enforcement chief who made the complaint, said he was grateful to commissioners for believing department employees. He was sorry he had to make the complaint, but he couldn’t let the matter rest.

In an email dated May 24, Jordan wrote: “I just want to say that I am very happy that our staff here are considered truthful in their statements, which is very important to me. I believe they were victims and this helps prove that they are good staff who told the truth. And finally, we are sorry that the Commission and the Agency were confronted with this matter in the first place.”

The majority of the commission voted in favor of the findings and decided not to believe Price, who claimed the conversation never took place, but believed the version of events given by Deirdre “Dee” Grimes, the human resources director, and Mark Beauchesne, the program director of the department’s public affairs division, who witnessed the conversation.

According to the Commission’s findings of fact:

– On December 19, 2023, Commissioner Price discussed with Grimes the status of the appointment of the Department’s Executive Director, Scott Mason, who will not be reappointed and whose term expires this August.

Price told Grimes that she “may have to step in as interim acting director” until a permanent director is confirmed, and that she has spoken to Senate President Jeb Bradley (R-Wolfeboro) about the matter.

– Price admitted under cross-examination that she had spoken to Bradley about the interim managing director position.

– Price told Grimes that she was concerned about the working status of Col. Jordan and another Intelligence Division employee working together, “which Commissioner Price believes was never addressed by Director Mason and should never have been allowed to happen. Commissioner Price further stated that the collaboration between Col. Jordan and the other Intelligence Division employee had gone on long enough and that things would change sooner rather than later.”

– While Price denied having any conversation with Grimes that day, Beauchesne testified that on December 19, 2023, he approached Grimes and Price in the hallway as they were talking, but did not know what they were talking about.

According to the findings of fact, the Commission considered the employees’ statements to be “credible, reasoned and coherent”.

Grimes said she spoke with Price in the hallway at headquarters before a commission meeting. The conversation began with Price thanking her for a get-well letter. Then they moved on to a discussion about the director not being reappointed “and being done in August,” referring to Scott Mason, the acting director whose four-year term is ending.

A search committee does not look for a replacement.

Grimes said she told Price she knew about Mason’s planned departure and asked her, “What happens next?”

Grimes said Price told her she had spoken to state Senate President Jeb Bradley (R-Wolfeboro) and Price said she might have to step in as interim director until a new director was found.

Grimes then said Price told Col. Jordan and a colleague, whom he is now married to, that “things up there with the Colonel and Lisa Jordan were never addressed” and that “sooner or later, things would change.”

Grimes told commissioners that Price had said the Jordans’ involvement had “gone on long enough” and “this should never have been allowed to happen.” He interpreted this to mean that Price would seek the dismissal of the colonel or his wife or their transfer, which only the director or deputy director could allow.

The law provides under RSA 206:4-b that no commissioner “shall be involved or involved in any personnel matter of the department… Decisions concerning personnel matters shall instead be the responsibility of the executive director of the department…”

The report concludes that “based on a preponderance of the evidence … Price violated RSA 206:4-b by interfering in a personnel matter involving New Hampshire Fish and Game employees. We recommend that the Governor and Executive Council take appropriate disciplinary action and further recommend that Commissioner Susan Price be suspended for the remainder of her term as Commissioner of New Hampshire Fish and Game.”

The Commissioners made no corrections or deletions to the report issued by Velardi.

Commission Chairman Eric Stohl moved for the report to be adopted, but Temple, who had not had the opportunity to read the paper version of the document, asked for a 15-minute recess, which was granted. During the May meeting, Temple had said the matter did not constitute a violation of the law and was more of a casual conversation.

Upon their return, a roll call vote was taken and all but Temple voted in favor.

Velardi said he will endeavor to make a reasoned and fair decision that is prudent and considered after receiving Woodbury’s request for reconsideration.

“You will be informed, Commissioners, of the filing of the motion for retrial and I will do this as soon as possible to obtain a response as to whether the motion for retrial is granted or denied,” Velardi said, indicating that it could take seven days after receiving the response.

At the end of the meeting, Ray Green, Hillsborough County Commissioner of Fishing and Game, gave a speech.

“I have a question about the whole thing,” he said. “We’re just going to continue this until almost the end of July because I assume there will be an appeal, is that right?”

Velardi requested a new hearing before this panel to determine whether a new hearing should be granted.

“Okay,” said Green, “and if this panel decides there shouldn’t be one, I assume the next step will be… to appeal it?”

Woodbury, a lawyer for Price, said: “We intend to appeal to the extent possible, sir.”

If the motion for rehearing is denied, Velardi said, Price could file a petition for leave to appeal to the Supreme Court, which she has the right to do.

Velardi said he didn’t think he could issue a restraining order, and Woodbury said he was OK with that.