The Attorney General's Office says Commissioner of Safety Dick Flynn compromised the criminal investigation into former Attorney General Peter Heed.
The AG's report, however, stops short of accusing Flynn of breaking the law.
New Hampshire Public Radio's Dan Gorenstein reports.
Deputy Attorney General Michael Delaney has released his report on whether Governor Benson or Commissioner Flynn meddled with the criminal investigation of former AG Peter Heed.
This new report comes after the so-called Hathaway report found that both men may have compromised the Heed investigation.
Commissioner Flynn was accused of temporarily halting the criminal investigation into Heed, while at the same time trying to persuade him to step down.
The Hathaway report also said that Flynn leaked confidential information about the investigation to both Heed and the Governor.
In the first few pages of the nearly 40 page report, deputy AG Delaney listed about a dozen 'concerns' he had with the Commissioner's conduct.
Among them, Delaney says Flynn should not have met with Heed to encourage his resignation, nor should he have met with Heed at all.
Delaney says those 'irregularities' however do not violate any of New Hampshire's laws.
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1:26 I have recommended there is insufficient evidence that criminal law has been broken. I have not recommended that Flynn be removed from office, but I have asked the governor and council to consider formal discipline in light of the findings of my report.
Delaney did not release his specific recommendations for disciplinary action.
Under the state's right to know law, personnel actions are exempt from public scrutiny to protect against harming the reputation of the state employee.
Delaney explains despite Flynn's irregular actions during the investigation, several mitigating factors prevented him from calling for the Commissioner's resignation.
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:22 ... I recognized it was Benson that requested Flynn talk to Heed about resignation. Delaly in the investigation was minimal...and this was a highly unusual situation. And when I took all of those factors into consideration, and weighed them against the statutory grounds...I did not believe it was warranted in this case.
Heed's attorney Ken Brown, who represents former AG Peter Heed says overall he believes the report vindicates his client.
Brown says from the beginning, he and his client suspected Heed's criminal investigation was compromised.
While he applauds deputy AG Delaney for the thorough report, he says doesn't agree with all of Delaney's legal explanations exonerating Benson and Flynn.
3:20 if you look at the facts, they could be interpreted differently. Someone could take those same facts and sense they were criminal violations, but it's the discretion of the ag if they go forward. Have to go forward and determine if they could prove the elements of each crime beyond a reasonable doubt.
The report now heads to the Executive Council and Governor for review.
Their attorney Bryan Gould says the councilors and governor must determine whether any disciplinary action is even necessary.
4:42 there are really two parts to the report. The first part deals with ruling out the potential of criminal conduct, and the second part is whether disciplinary action ought to be instituted. It's the second part fo the report the govenro and council now have to deal with.
Governor Benson says he too feels vindicated by the report.
Delaney all but absolved the Governor of any wrongdoing.
But the governor declined to speak about whether Flynn acted inappropriately.
Spokesperson Kevin Smith.
1:27 (commissioner Flynn acted inappropriately) the governor is not going to comment on that right now. The report needs to be reviewed by Executive Council and their attorney and he is going to let that play out.
One thing about this whole situation leaves Heed attorney Ken Brown scratching his head.
Brown says, when Heed was under fire, the governor asked him to resign.
Now, Commissioner Flynn is taking some heat, and the governor is throwing his support behind the commissioner.
10:04 the ag was found to do nothing wrong, and he is no longer in office. And there is a finding of diciplianry action and the govenro doesn't seem to understand what is good for the goose is good for the gander.
The attorney for the Executive Council and Governor did not provide a timeline for when he thought a decision on the matter would be reached.
For NHPR News, I'm DG.
