PORTSMOUTH — City councilors voted 7-2 to approve a five-year contract with new deputy police chief Corey MacDonald on Tuesday, but not before considering whether his independent professional work as a lawyer posed a conflict of interest.

The question was first raised by resident Mary Lou McElwain during the public comment section of the meeting.

“My question is not directed to the person, but to his contract, because I know that he has a law practice and as a full-time deputy chief, on call 24/7, I would expect that the city council would require full attention to this job and the city of Portsmouth,” McElwain said.

Councilor Ken Smith said an agreement had been reached between MacDonald, the police commission and the city attorney that addresses MacDonald’s private law practice.

MacDonald has been a practicing attorney for the last seven years.

Police Commissioner Gerry Howe said they spent a long time with MacDonald on the issue.

“One of our big concerns would be a conflict. We have thoroughly vetted that issue and we do not think it will be a conflict,” Howe told the council.

He said MacDonald takes on only civil, not criminal matters, in his practice, and when he has, has consulted with City Attorney Robert Sullivan to ensure no conflict exists.

A stipulation in the contract states that in the event MacDonald’s outside legal employment results in his involvement in any matter that the commission or city council determines unduly interferes with his ability to devote sufficient professional efforts to fulfill his duties as deputy police chief, the commission will provide him with written notice and a 30-day opportunity to correct. If he fails to correct, the commission may proceed to terminate for cause.

“The fact that we even got to this point of agreement shows the character of our new deputy chief as someone who is going to work very well not only for the citizens but the entire force,” Smith said.

Councilor Anthony Coviello, who voted against the contract, said he was separating his two concerns away from the individual, as he thinks MacDonald is an excellent candidate for the position.

He said his first concern is with MacDonald being brought in as a “Step C” on the wage salary schedule, and the second being MacDonald’s law practice.

“I understand he was encouraged to get his law degree, and I think it’s great to have a police officer, a police captain and a potential deputy chief with a law degree. I think it adds a lot to that department. But I have a problem with someone practicing a profession, not a job, on the side,” Coviello said. “I am sure he would commit as much as he could, but human beings have a limit to what they can do.”

City Councilor Brad Lown, himself an attorney, said the juggling act can be done; it is just a question of trying to fit in all the demands of one’s life.

“In this case, we are going to have a full-time deputy police chief who is going to practice to some extent on the side. It is his decision to juggle those balls,” Lown said.

Lown said if MacDonald becomes police chief, which he thinks might happen someday, he would feel differently.

Councilor Henry Thorsen, who also voted against the contract, said he also has concerns about MacDonald’s side profession, but more importantly with the economics of the contract. Primarily, he said he does not agree with guaranteed raises.

“I think the contract should not be constructed that way and on that basis I am not going to accept this contract, although I think the deputy will do a good job,” Thorsen said.

MacDonald’s starting salary is $91,956, with guaranteed cost of living increases annually between 2 and 5 percent.

Assistant Mayor Robert Lister said he has known MacDonald since middle school and is proud that he has come up through the ranks of the department.

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Gretyl Macalaster may be reached at gmacalaster@newstote.com.