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September 14. 2012 8:38PM

Posting of high-level jobs at Liquor Commission questioned


Eddie Edwards, Chief of Enforcement for the New Hampshire State Liquor Commission. (State of NH)
CONCORD — The New Hampshire Liquor Commission is advertising for two high-level jobs similar to those held by two current employees, including long-time Enforcement Chief Eddie Edwards.

On Friday the commission advertised for a director of enforcement and licensing and a director of administration.

Edwards is currently director of enforcement, while Craig Bulkley is the director of administration.

Edwards, who referred all questions to his attorney, has clashed with the commissioners over several issues including the alleged illegal hiring of a lobbyist to help kill a bill that would have allowed the sale of liquor in grocery and convenience stores. That idea died in the Senate this year.

Edwards' attorney Jon Meyer, of the Manchester law firm Backus, Meyer & Branch, LLP, said “We have a concern about that, what the process is going to involve and if that will affect his current position and whether he is being singled out for his participation in ongoing investigations.”

Meyer said he and Edwards view the ad as an attempt to replace him. “The commission could surprise me to the contrary,” Meyer said, “but filing a position duplicative of his current position is tantamount to replacing him.”

Information released by the commission yesterday in response to a question about whether Edwards still works for the commission indicated he did and Meyer confirmed that as well.

There have been ongoing discussions about the benefits and responsibilities of the two positions and others for some time. A 2009 law giving the liquor commission more autonomy than other state agencies reduced legislative and Executive Council oversight and changed a number of positions from classified to unclassified.

Classified employees are protected under the state employee, collective bargaining contract and a negotiated procedure is in place for disciplining a state worker, including firing.

An unclassified employee, as the two positions would be, would essentially be an at-will employee who serves at the discretion of the commission.

Meyer said negotiations have involved issues such as sick leave, retirement system participation and include more than just the two positions. “Some of the issues have been resolved and some have not,” he said.

Edwards was told at the end of August that the positions would be posted, Meyer said, and at that time he wrote to the Attorney General expressing concern.

Meyer said to date the Attorney General has not responded. “I expressed concern to the Attorney General that these actions are retaliatory for Chief Edwards' participation in various investigations,” Meyer said, “and invoked various law protecting state employees.”

A message left with the commissioners' office was not returned Friday. According to the advertisement, the commission seeks an employee “who will support the NH Liquor Commission mission, vision and values by exhibiting the following behaviors: excellence and competence, collaboration, innovation, respect, personalization, commitment, accountability and ownership.”

Both positions pay between $68,231 and $90,606 annually.

House Speaker William O'Brien has appointed a special committee to investigate allegations against the commission including possible illegal lobbying activities, possible bootlegging, possible irregularities in the bidding process for a $200 million liquor warehouse contract, knowingly giving false testimony to and hiding documentation from the House Commerce and Consumer Affairs Committee, and ignoring administrative rules concerning warehousing product for local spirit manufacturers. On Wednesday the Special House Committee to Evaluate the New Hampshire State Liquor Commission heard testimony on the issue of hiring a lobbyist, with Edwards providing often conflicting testimony to Liquor Commission Chairman Joseph Mollica and Commissioner Michael Milligan.

Last month, the Attorney General's Office released a preliminary investigation into Edwards' charges that the commission illegally hired a lobbyist. The Attorney General found the charges were unfounded and there was no need for a formal investigation. That report came under fire by several people who said they should have been interviewed and were not, including former commissioner Mark Bodi and House Commerce and Consumer Affairs Committee Chair Rep. John Hunt, R-Rindge.

The liquor commission has also come under fire for the disappearance wine when a Portsmouth liquor store was moved and for a warehouse contract that went out to bid earlier this year but has yet to be awarded.

grayno@unionleader.com

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