Editorial: Officials should just play by the rules

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June 30, 2010

A flap over the purchase of new windows for Taylor Library sadly illustrates just how dysfunctional Derry politics can be.

It ought to be simple, really. Line up some bids, select the best offer and move on to the next order of business.

But in Derry politics, nothing is ever that simple.

The library window deal — call it "Windowgate" if you must — resulted in questions of impropriety about the bidding process, an investigation that found nothing, then questions about whether the investigation itself had been properly ordered.

It all was, and still is, frankly, a circus starring as featured clowns elected officials who each have his or her own interpretation of what the rules are and whether those rules ought to be followed.

That is not a prescription for good government.

According to an investigation by Town Administrator Gary Stenhouse, the window drama began innocently enough.

At an April meeting of the library trustees, Councilor David Milz mentioned that Council Chairman Brad Benson and his Derry business might be interested in bidding on the project. Benson owns a lumber and hardware business. But Benson never expressed interest in bidding on the job, according to the minutes.

At an April 19 meeting, Milz asked if he could show the window bids to Benson. The trustees initially approved the request. But later, trustee Chairman Candy Andrews says she "felt uncomfortable" with that decision and asked Milz not to show the quotes to Benson.

Milz says his intent was to seek Benson's professional advice on which vendor was offering the best deal.

Councilor Janet Fairbanks has a different view of that incident (see her letter, this page). She says the minutes show that Benson had asked Milz to bring him the quotes so that he could try to offer an equivalent or better deal.

Those are two very different scenarios. In one, an elected official merely offers professional advice on competing bids. In the other, the official is seeking to use his office for personal gain — a clear conflict of interest.

The investigation by Stenhouse found that the whole affair was simply a misunderstanding among Milz and the trustees and that all were trying to assure that the public's money was spent in a prudent matter.

Stenhouse says nothing in his report showed any misconduct on any councilor's part. Stenhouse found that Milz was unaware that Benson previously had been asked to bid on the windows and had declined.

But now, Fairbanks and Councilor Kevin Coyle are raising questions about the investigation itself. They say Benson was wrong to ask Stenhouse to conduct the investigation on his own, without taking a vote of the full council. When Fairbanks and Coyle tried to call for a further investigation, they were voted down.

It shouldn't be this difficult for Derry to get new windows for its library. But everything is complicated by Derry leaders' "anything goes" attitude toward town rules and regulations.

Rules for bidding on public projects are clearly defined. Those rules should be followed. And any official with a connection to a related business should stay clear of the process to avoid even a hint of conflict of interest.

Similarly, there are rules for the Town Council to follow when initiating an investigation. Those rules should be followed, too.

In town politics, as in life, everything runs much more smoothly when everyone follows the rules.

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