CONCORD, N.H. (AP) – Gov. Craig Benson stood by his veteran state safety commissioner on Thursday, even though a prosecutor found he “undermined the public’s confidence” and should be disciplined for his actions during the investigation of former Attorney General Peter Heed.

Deputy Attorney General Michael Delaney – in a report that also cleared Benson of any wrongdoing – said there is insufficient evidence that Commissioner Richard Flynn violated any criminal laws and did not recommend that Flynn be removed from office.

However, his report Thursday said Flynn’s meeting with Heed to encourage him to resign was a problem, since Flynn was supervising the criminal investigation. Delaney, however, said he recognized that Flynn was acting at Benson’s request.

Flynn is regarded as one of the most powerful men in state government whose advice has been sought by governors and legislators alike.

Benson, who along with the Executive Council would be responsible for disciplining Flynn, said Thursday he had no opinion on the matter.

“Dick Flynn has worked for state government for 32 years in his current position. He’s worked for nine governors and I would say every single governor including me is very satisfied with the job that Dick Flynn does,” Benson said. “At this point in time, I have full faith and confidence in the commissioner of safety.”

Delaney does recommend formal discipline, but the specifics were blacked out in his report.

A lawyer for Benson and the Executive Council said Delaney treated Flynn’s situation as a personnel matter and under state law, the details of personnel proceedings are exempt from public disclosure.

“We’ve got to do something,” said Councilor Raymond Burton. “It’s very clear an investigation was interfered with by the head of an agency that was doing the investigation. … My feeling is suspension, probably 30 days.”

Councilor Peter Spaulding wouldn’t say if he’s concluded Flynn did anything wrong. “I think there were certainly some judgment issues,” he said.

John Lynch, who is running against Benson, noted Flynn’s distinguished record of service to the state, and called the report “another black mark for Craig Benson. Never in the history of our state have we had a governor so tainted by scandal.”

Flynn oversees the state police who investigated Heed after allegations surfaced that Heed had improperly touched a woman at a conference on domestic and sexual violence.

Benson supported Flynn, saying in a statement, “His law enforcement management expertise is protecting New Hampshire citizens every day.”

Calls to Flynn and his lawyer, Tom Rath, were not returned Thursday.

Delaney made his recommendations after reviewing a report by Sullivan County Attorney Marc Hathaway, who investigated Heed’s behavior at the state conference last summer. Heed resigned, but Hathaway cleared Heed of criminal wrongdoing.

Hathaway later released a second report accusing Flynn of leaking confidential material, passing false rumors to Heed and pressuring him to resign before the investigation concluded. He said Flynn ordered state police to stop investigating.

Hathaway also accused Benson of telling Heed there was evidence that he broke the law, in an effort to pressure him to resign. Benson denied it.

Executive Councilor David Wheeler raised questions about Hathaway’s own behavior in the report, saying Hathaway gave confidential information to Heed.

“Hathaway is criticizing Dick Flynn and look what he did,” Wheeler said. “Look at the details he gave Peter Heed before the investigation was over. I think that’s huge.”

Delaney concluded that Flynn should have avoided any meeting with Heed, but that he didn’t provide any false or inaccurate information. However, Flynn did withhold information that exonerated Heed.

Flynn is blamed for a short-lived delay of Hathaway’s investigation, but Delaney found it had negligible effect the progress or outcome. Flynn refused to resume the investigation at Hathaway’s request but did resume at Attorney General Kelly Ayotte’s request, Delaney found.

Flynn has said he attempted to cut the investigation short for budgetary reasons, such as overtime pay. However, Delaney called the explanation “not credible.”

At the time Flynn stopped the investigation, only one person had been interviewed. In addition, Heed said Flynn offered to slow down the investigation to give Heed time to consider resigning.

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Associated Press Writer David Tirrell-Wysocki contributed to this story.

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