City of Rochester seeks damages in lawsuit against former city schools chief

Annie Azarloza, left, and Rochester City Hall (Courtesy photos)

ROCHESTER - The City of Rochester has filed a lawsuit against former Rochester Schools Superintendent Annie Azarloza claiming she violated a confidentiality clause in her separation agreement and has damaged the city's reputation.
The lawsuit was filed on Wednesday in Strafford County Superior Court, and claims that Azarloza and the City of Rochester both agreed that "statements in the 'Whereas' portion of the Agreement shall be the only additional public statements made on this matter."
According to the city's lawsuit, she violated the pact when she "appeared on a podcast called 'Conversations with Sgt. Smith' on Nov. 15."
In the initial complaint the city also contends that Azarloza has made numerous "additional public statements" on the subject matter of the (separation) Agreement.
Azarloza told The Rochester Voice today that she has done nothing that would be considered a violation of the agreement.
"Nothing in my settlement agreement prohibits me from pursuing a lawful public-records petition," she said. "This is precisely why I've supported House Bill 1746 ("Annie's Bill") to ensure taxpayer-funded investigative reports are subject to transparency and public accountability. I'll continue to pursue transparency through lawful means."
House Bill 1746 would require that taxpayer-funded investigations be subject to the Right to Know law and could be made public in their entirety.
That bill is currently undergoing an interim study by the New Hampshire House Judiciary Committee.
Meanwhile, the City's complaint against Azarloza also asserts that on social media she has commented publicly on Rochester School Department employees, the relationship between the Rochester School Department and the Rochester Police Department, internal governance of the Rochester School Department, actions of and members of the Rochester School Board, and items related to her former employment, amongst other things."
The lawsuit also claims that City officials "attempted to work with Azarloza to resolve the issues presented by her behavior, but Azarloza refused to mitigate the City's damages."
Among the counts she is accused of are Breach of Contract and Breach of Implied Covenant of Good Faith and Fair Dealing."
The City of Rochester's complaint filed earlier this week was filed just four months after Azarloza sued the city.
In her Oct. 10 complaint against the city, Azarlosa claimed that in September the Rochester school board attorney "notified me that it intended to release certain documents related to an investigation concerning me."
Azarloza filed that lawsuit because she has long stated that the city should not be able to release part of the report; only in its entirety.

The Oct. 10 lawsuit had its first hearing, a case structural hearing, last month. The next hearing has not yet been scheduled.

In its recent filing the city is claiming unspecified damages as well as court and attorneys fees.