Mayor James Donchess has been accused of ethical violations for using city money to cover the legal defense of Alderman-at-Large Melbourne Moran. Courtesy photo/Kelli Wholey/Lumina Portraits

NASHUA – A complaint has been filed against Mayor James Donchess claiming that he committed ethical violations by using city money to cover legal expenses for Alderman-at-Large Melbourne Moran.

The complaint was filed by resident Laura Colquhoun on Dec. 23, 2024 and will be addressed by the Ethics Review Committee at its meeting on March 6.

Colquhoun said that during the Board of Aldermen meeting on Oct. 13, 2022, Moran made unethical statements in his capacity as a clinical social worker. His statements were in response to resident Laurie Ortolano who he said exhibited “predatory vibes” when she stated that his children attend private school. Moran also shared his opinions of Ortolno on WSMN radio.

Siding with Ortolano, Colquhoun sent a letter of alleged misconduct to the Office of Professional Licensure and Certification in November 2022. That letter was dismissed through an informal inquiry by the Board of Mental Health Practice in February 2023.

On Nov. 15, 2022, Ortolano filed a lawsuit against Moran accusing him of defamation. The court ultimately ruled that Moran’s comments about Ortolano were not made in his capacity as an alderman and therefore, he did not have immunity.

On Dec. 19, 2022, Donchess retained Concord law firm Gallagher, Callahan & Gartrell to defend Moran against the OPLC matter for a cost of $4,258. The cost for defending Moran in the defamation case topped out at $50,000.

“The taxpayers should not pay for the claim against his personal license,” said Colquhoun. “The mayor did not discuss this unique legal issue with the Board of Aldermen. His actions undermine public trust and transparency.”

During the Board of Aldermen meeting on Dec. 10, 2024, Ortolano said Donchess contacted Moran following the radio broadcast to discuss how legal fees should be handled in the event of a lawsuit.

“The mayor, who is a liar, should have asked a lawyer,” said Ortolano. “He should have asked Mr. Moran whether he was personally insured. Mr. Moran knew the city would cover his legal costs. Why should I and the rest of the taxpayers be responsible for paying his personal legal bills? The mayor’s actions are a significant ethics violation because they involve taxpayer money.”

In response, Donchess said the city has every right to defend Moran. He also said Colquhoun’s letter to the OPLC could have been especially damaging.

“These professional complaints are designed to ruin a person’s career,” he said.

In addition, Donchess said the defamation lawsuit was fueled by Moran’s position in city government.

“He was being sued based on the fact that he’s an alderman,” said Donchess.