The Ethics Review Committee recently found that Mayor James Donchess did not commit any ethical violations by using city funds to pay for legal fees for Alderman-at-Large Melbourne Moran. Courtesy photo/Kelli Wholey/Lumina Portraits

NASHUA – The city’s Ethics Review Committee recently found that Mayor James Donchess did not commit any ethical violations for using city money to cover legal expenses for Alderman-at-Large Melbourne Moran.

The ruling stems from a complaint filed by resident Laura Colquhoun on Dec. 23, 2024. She claimed 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.”

During the ERC’s March 13 hearing, Donchess was pelted with questions for more than an hour.

“The mayor was especially clear in explaining his motivations for authorizing the attorney fees at issue,” said the ERC.

During his testimony, Donchess said Colquhoun and Ortolano have a long history of taking legal action against city officials. This included 12 ethical complaints against Corporation Counsel Steven Bolton, all of which were defeated by the city.

After reviewing the mayor’s testimony, the ERC could not find anything that violated Nashua’s Conduct Regulations or Ethics Rules. The committee also determined that Donchess “acted in the public good” by siding with Moran.

“The numerous arguments advanced by the complainants are simply irrelevant,” said the ERC. “The ERC unanimously finds that the complainants failed to meet their burden by the preponderance of evidence that the mayor violated Ethical Code 5-95.”