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October 21. 2013 9:40PM

Derry town administrator John Anderson agrees to step down

DERRY — Town Administrator John Anderson has signed a separation agreement with the Town of Derry, and his last day of employment will be on Saturday, Oct. 26.

The Town Council voted, 6-1, last Tuesday night not to renew Anderson's contract after it expires on Oct. 25, pending receipt of the signed separation agreement. Counselor Mark Osborne was the lone councilor to vote in opposition.

Anderson, 50, is being discharged without cause and will receive a settlement of approximately $45,000, according to the separation agreement that was released by Larry Budreau, the acting town administrator.

The agreement was signed by Anderson on Wednesday, Oct. 16, with Budreau adding his signature on Monday.

Budreau has refused to comment on the separation agreement beyond a two-paragraph statement issued after last week's council meeting.

The move comes after Anderson, acting through his attorney James Rosenberg, entered a plea of not guilty earlier this month to charges of lewdness and indecent exposure for allegedly inviting a DirectTV salesman into his house on July 11 while in the nude and acting inappropriately.

A trial date has been set for Dec. 13 in Derry District Court, a court staff member said.

Reached by phone Monday, Rosenberg said another attorney is representing Anderson in the matter with the town. Rosenberg referred inquiries to attorney Kevin Leonard, who couldn't be reached for comment.

Councilor Al Dimmock said Monday night that he is "bound by law" and couldn't comment on the matter.

Other councilors have also refused to comment.

Following the alleged incident last summer, the Derry Town Council voted in nonpublic session to stop paying Anderson pending the outcome of a meeting with him. But after meeting last month with Anderson and his former attorney Cornelius Sullivan in a closed-door session, the council took no action and voted to seal the minutes.

Last month, 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.

Anderson has remained on administrative leave since July 12, the day after the alleged incident at his house.

The state isn't releasing the name of the DirectTV salesman to protect his privacy, Reams said.

The salesman told police that he was working in the neighborhood on July 11. He approached Anderson's house, knocked on the door, but no one answered. As he was leaving, he said he noticed an 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.


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