# Portsmouth building inspector assaulted contractor



## mark handler (Jul 3, 2016)

4 witnesses say Portsmouth building inspector assaulted contractor
http://www.seacoastonline.com/article/20160620/NEWS/160629960
ORTSMOUTH — Seven people witnessed an April 6 altercation between Chief Building Inspector Robert Marsilia and a contractor, four of whom told police they saw Marsilia assault the contractor.
That's according to an affidavit by police detective Scott Study who investigated a complaint by the contractor, David Osterhoudt, two weeks after the incident occurred inside City Hall. Three of the witnesses reported not seeing an assault, according to the police report.
Marsilia, 61, of 20 Bay View Lane, Kittery, Maine, was arrested May 31 on a warrant charging him with a Class B misdemeanor count of simple assault which alleges he did "purposely cause unprivileged contact" to the contractor "by grabbing his shoulders and shaking him." The police affidavit states that the altercation occurred during a meeting "to discuss some ongoing issues related to building code enforcement within the city of Portsmouth."
One witness, Rick Becksted Jr., told the detective that Osterhoudt and Marsilia "began to have a heated exchange between each other," when Marsilia stood up and told Osterhoudt, "he has had enough of him," the police affidavit states. 
"Mr. Marsilia heads toward Mr. Osterhoudt, putting both of his hands on Mr. Osterhoudt and pushing him away," the affidavit quotes Becksted. 
Another witness, contractor Jeffrey Halldorson, is quoted in the affidavit saying that during a "heated exchange," Marsilia stood up, "throws his chair back, heads towards Mr. Osterhoudt while pushing furniture out of the way," then “grabbed both of Osterhoudt's shoulders and pushed him."
Contractor Mark McNally told the detective he witnessed the same thing, the affidavit states.
Also interviewed was contractor Rick Becksted Sr. who, according to the police report, saw Marsilia get out of his chair, walk toward Osterhoudt who also stood up, and "when Mr. Marsilia got there he pushed Mr. Osterhoudt."
Former Deputy City Manager David Allen was at the meeting and previously told the Portsmouth Herald "people were talking over people" when Marsilia and the contractor got up and stood chest-to-chest. Allen said he positioned himself between the two and did not witness any contact between them, but acknowledged there were "aggressive conversations."
Allen is quoted in the police affidavit, filed Monday in the city courthouse, as saying Marsilia and the contractor were "standing nose to nose" during the exchange "when Mr. Allen grabbed onto Mr. Marsilia's shoulder from behind and pulled him away."
"Mr. Allen didn't see any physical altercation occur," according to the police report.
A sixth witness, John Vines, was interviewed and said Osterhoudt was "being obnoxious, while citing city codes etc to the building inspector."
"Both were chest to chest and it looked like the contractor was going to chest bump the building inspector," the police report states. "Mr. Vines didn't see any physical altercation occur." 
The last witness, Ed Huminick, said the city meeting "turned into a complaint session" when Osterhoudt "became loud and mouthy towards Mr. Marsilia, who in turn became loud."
"At one point, both men stand up and head towards each other," Huminick is quoted in the police report. "Before a physical altercation ensues, Mr. Allen got in the middle of it and calmed everyone down. If something physical happened Mr. Huminick did not see it."
Marsilia was scheduled to be arraigned Monday, in the Portsmouth Circuit Court, but waived the arraignment through attorney Alan Cronheim. His lawyer also entered a plea of not guilty for Marsilia and the case has been scheduled for an Aug. 2 trial. 
Marsilia was released following his arrest on $250 personal recognizance bail. City Manager John Bohenko said earlier this month that Marsilia remains employed as chief building inspector "as he proceeds to receive due process under the law."
"The allegations leading to the charge did not claim any injury and the meeting during which this alleged event took place continued without incident for a period of time after the interaction," Bohenko said. "Aside from this alleged incident, Robert has been instrumental leading the city’s inspectional team towards ensuring a safer built environment for the entire community."
A reporter and photographer for the Portsmouth Herald went to City Hall for the April 6 meeting, but were told by Bohenko that it was closed to the media. 
By all accounts, contractors working in Portsmouth began complaining when Marsilia and Assistant Building Inspector Paul Garand took over the inspections department more than a year ago. Contractor complaints have included that inspections have become more time consuming and costly, and those costs are getting passed onto property owners.


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## conarb (Jul 4, 2016)

> Paul Garand took over the inspections department more than a year ago. Contractor complaints have included that inspections have become more time consuming and costly, and those costs are getting passed onto property owners.



So what's new about that? Permits and inspections always drive costs up, the question is not whether they drive costs up but whether the additional costs are worth incurring, some are and others aren't.


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## steveray (Jul 5, 2016)

For the inspection to become "costly"....Do they charge by the hour or are they finding previously approved (in the past) violations that now the contractors need to fix?


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## mtlogcabin (Jul 5, 2016)

1. It becomes costly when the inspector requires more than a 24 hour notice and will not set a specific appointment time or at least a 2 hour window or does not show up on time, or does not leave a correction list on site

2. The contractor does not know what he is doing and the previous inspector never gave him a correction notice.

Obviously the Chief Building Inspector does not have the temperament nor the personality to do his job


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## linnrg (Jul 5, 2016)

so you have a meeting with a contractors and the chief building official, inspectors and a deputy city manager - me thinks there was some big problems here not just the cost of the inspections.  Sounds to me like all inspections may have been ignored or project scope was a moving target.

Agree with mtlogcabin - temperament and personality play a huge role.


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