DERRY — Town Administrator John Anderson is scheduled to be arraigned Friday in Derry District Court on charges he allegedly invited a Direct TV salesman into his home in the nude and acted in an improper manner.
Anderson 50, is charged with lewdness and indecent exposure in the July 11 incident.
The Derry Town Council voted in nonpublic session shortly after the accusation to stop paying Anderson pending the outcome of a meeting with him. But after meeting last month with Anderson and his attorney Cornelius Sullivan in a closed-door session, the council took no action and voted to seal the minutes. Larry Budreau, acting town administrator, said at a recent council meeting that no decision had been reached in the matter.
Sullivan said the case shouldn't have been brought against his client since federal law affords him the right to privacy in his own home. Sullivan said the law is clear on this point.
"Whatever happened happened in the privacy of Mr. Anderson's home," Sullivan said.
County Attorney James Reams said the state is confident with the charges and will move forward with its case against Anderson.
"We think New Hampshire law stands on pretty good ground," Reams said, adding that "as a general rule, federal law doesn't necessarily trump state law."
Anderson has remained on administrative leave since July 12, the day after the alleged incident at his house. He was previously town manager in Boothbay Harbor, Maine.
The state isn't releasing the name of the DirectTV salesman to protect his privacy, Reams said.
The salesman told police he was working in the neighborhood on July 11. He approached Anderson's house and knocked on the door, but no one answered. As he was leaving, he said he noticed and arm extending out the door and waving him back, police said.
The salesman was then invited in by a voice coming from within the house. After going inside, he said he was confronted by a naked Anderson, who told him he was in a "nudist home," state police said. The salesman turned away, but Anderson invited him to remove his clothing and come back later for a party, according to a police affidavit.
While serving as town administrator for the past three years, Anderson has worked to formulate balanced budgets and to bring construction projects in on time and under budget, Sullivan said. On behalf of his client, he thanked all of the Derry residents who have offered their support and encouragement to Anderson over the last several weeks.