City Council censures defiant Donahue for Web postings

HAVERHILL — For the first time in 20 years, the City Council last night formally and publicly reprimanded one of its own.

By a 6 to 2 vote, the council censured first-term Councilor James Donahue for comments posted from his home computer under dozens of fake names to The Eagle-Tribune Web site championing his positions on policy matters and criticizing city officials.

"I take my service on this council seriously ... there is no place for attempts to sway public opinion and deceive people," said Councilor William Macek, who proposed the censure. "(Donahue) has attempted to bring others down and he has violated the public trust."

Council President Michael Hart, a lawyer and former city solicitor, described censure as "a severe reprimand." He said it does not affect or impede Donahue's duties as a councilor.

"It demonstrates displeasure and we hope you'll refrain from such comments in the future," Hart said following the vote.

Donahue, 35, did not accept his fate quietly. He attacked first Macek for "treading" on his constitutional right to free speech, then the newspaper for identifying his home computer as the source of more than 50 Web site posts in the last month alone.

Some of the Web posts called for several councilors, including Macek, to be voted off the council, while others derided top school officials as incompetent, boring and out of touch with the Haverhill public.

"I have not broken any law or violated anyone's rights," said Donahue, a history teacher at Whittier Regional Vocational High School. "I've engaged in lawful speech that sometimes was critical of the government."

Donahue verbally attacked Macek several times, causing Council President Hart to rule Donahue out of order. Hart warned Donahue against maligning Macek's character, to which Donahue responded: "You're out of order, Mr. President."

"Macek has no right to tell me what pen names I can use, whether it's 1 or 38," Donahue said. "Councilor Macek was criticized and his ego is hurt."

The Eagle-Tribune has reported that more than 50 messages under at least 38 different screen names have been posted from Donahue's personal computer in the last month, using the comment feature on the newspaper's Web site.

Many of the posts deride other city officials and make it appear that there is widespread support for Donahue's positions on public policy matters, such as opposing Mayor James Fiorentini's use of city money to study tapping the Merrimack River for drinking water.

Donahue has acknowledged the posts were submitted from his home, but said previously that those critical of Macek and other officials were posted by a team of activists with access to his home computer. Last night, Donahue redefined the activists as close family members.

City Councilor William Ryan joined Donahue in voting against censure. Ryan said he understood why his colleagues were angry, however, because Donahue "knocked" people behind their backs and got caught.

Ryan said he advised Donahue he may have been able to avoid censure by striking an apologetic tone at the meeting, but that Donahue insisted on his defiant defense.

"This has been a City Council with a good working relationship," Ryan said. "I'm worried this will damage that. The public wants us united for the common interest. This is the wrong road for us to travel down."

Councilor Mary Ellen Daly O'Brien said Donahue's unapologetic speech convinced her to support censure.

"This isn't about the Constitution, it's about the makeup of this body," she said. "Censure is our only way to say what you're doing is disrespectful to this body and all our hard work."

Donahue sat back in his seat with his hand over his chin through much of the debate, flanked by fellow rookie Councilors Michael McGonagle and Kenneth Quimby. They both voted for censure.

"I'm the nicest guy in the world," Quimby said. "I didn't appreciate my name being thrown out there. I'm easygoing and would never hurt anyone."

Several posts from Donahue's computer called for Quimby to be ousted by voters in the next election.

"I came here hoping Donahue would be contrite," McGonagle said. "People who elected Jim must be disappointed tonight. He's out of line with the attacks then and tonight."

Councilor Robert Scatamacchia said his name was not mentioned in the Web blogs, but that he was also disappointed with Donahue's lack of remorse.

"If you apologized, I don't think we'd be making this censure vote," Scatamacchia said.

The last time a councilor was censured was in 1988. The late Betsy Conte was reprimanded for unsubstantiated public comments she made that other councilors were secretly profiting from a private business in the city. Macek was among five councilors who voted to censure Conte.

David Hall did not attend the meeting but previously said he supported censure.

Photos

Haverhill City Councilor James Donahue listens to other councilors speak in favor of censuring him because of his criticisms of fellow councilors and others while blogging on the Web site of The Eagle-Tribune. Staff photo