Sorry, but as a part of his office... he must forward the complaint.
So yes, he would have had the power to act and chose not to... if it is determined that he knew of the situation.
''A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.''
The town would have an employee that committed a crime, just like the marina.
The town could be held liable for the actions of the employee, just like the marina.
The nature of his employment, in this situation, does not allow for ''personal'' time.
|