By Buck Fuller
Crosshairs
This time, Jim Hewitt is in the crosshairs.
Mr. Hewitt is a member of the Planning Board. The City has decided to bring him up on charges related to RSA 673:13, which provides for the removal for land-use board members in New Hampshire. The City has to create a written finding of inefficiency, neglect of duty or malfeasance.
We have asked around town about Mr. Hewitt. He is well-known and well thought of by many. Those who know Mr. Hewitt would simply not associate inefficiency or neglect of duty with him. Mr. Hewitt is conscientious and a hard worker. Diligent, fair-minded, curious and thorough are all relevant descriptions of the man.
These are the qualities, one imagines, that were sought by the former mayor, Rick Becksted, when he appointed Mr. Hewitt to the Planning Board. One could rest assured that Mr. Hewitt would do his best to protect the interests of all the citizens of Portsmouth. He would strive to make sure any applicant before the Planning Board would be treated fairly.
What About Malfeasance?
As cited by City Attorney Susan G. Morrell, malfeasance is defined as the general misuse of public office. This covers wrongful conduct that affects, interrupts, or interferes with the performance of official duties. Here’s an added zinger: malfeasance is also considered as the doing of an act which ought not to be done.
Note that there are other definitions of malfeasance, such as neglect or corruption. Here, malfeasance involves an act that causes physical or monetary harm to someone else. The City might want to paint Mr. Hewitt’s actions as malfeasance, but in fact they would have to stretch the truth to make their interpretation fit.
But in the City’s toolbox, malfeasance is rubbery enough that a Stalinist regime could use the term to satisfy that old legal saw: “Show me the man and I will show you the crime.”
What Is Really Going On?
Attorney Morrell, who brings a career in prosecutorial law, wrote a lengthy memorandum and appended correspondence on January 11 for inclusion in the January 16, 2024, City Council packet. She dated her memo as 2023, but that’s just a detail when there’s a target on Mr. Hewitt’s back.
Her memo is extensive. She reveals her background as a former litigator for New Hampshire. Her description of all of Mr. Hewitt’s terrible deeds adds up to a defamatory recount of Mr. Hewitt’s actions.
Except that apparently Mr. Hewitt is independent and a righteous citizen who thinks for himself rather than following Attorney Morrell’s and City Manager Conard’s orders. So of course, she will nab Mr. Hewitt on “doing of an act that ought not to be done.” But in whose eyes? And in whose judgment?
Disagreements on What’s Right … and What’s Wrong
After reading Attorney Morrell’s damning memo showing all of Mr. Hewitt’s misdeeds, an objective conclusion is that the City is tired of Mr. Hewitt’s doing what he believes is right. But that is not malfeasance. That is a disagreement between the City, whose interests may be closely linked with any number of developers, and Mr. Hewitt, whose engineering background may give him the expertise and professional judgment to make sure the Portsmouth citizen is not screwed.
Resolution
It is obvious that Attorney Morrell is in a rush. She could almost be heard to say, “Hang this man before he complicates my life any more!” But Mr. Hewitt’s three-year term lasts until the end of 2024. He has always worked tirelessly to protect the citizens’ interests, often to the embarrassment of the City and developers.
The City is at risk of losing volunteers to serve on boards. Don’t push him out. Don’t hang him high. Don’t smear him any more than you have. Let Mr. Hewitt serve out his term.
Source Featured Image: www.reddit.com/r/AIGeneratedArt
