Resident Files Lawsuit, Alleging Secret Meeting

A Moultonborough resident's right-to-know lawsuit against the town, claiming selectmen met illegally in a nonpublic session on an unannounced date to discuss, plan and coordinate the process it would use to hire a new police chief, may have been stalled because of a failure to deliver copies of the legal documents to town officials.

Petitioner Paul Punterieri of 22 Nelson Road said last Wednesday that he called the Carroll County Sheriff's Office and discovered that the petition had never been delivered — or served — on the town. He was told the paperwork would be served in the next several days, most likely resulting in a new date for the hearing being set.

A scheduling notice in the court file notes that Punterieri "shall serve the petition upon the town" and that failure to do so may result in the action being discontinued without further notice.

Punterieri filed his petition in Carroll County Superior Court in Ossipee on Aug. 27 and a court hearing was scheduled for this Tuesday.

The suit names Selectmen Karel Crawford, chair, Ed Charest, Jim Gray, Joel Mudgett and Betsey Patten as respondents. It also names Town Administrator Carter Terenzini.

Terenzini said last Wednesday he has not been served with the suit and could not comment on anything regarding pending litigation.

Terenzini also declined to comment on whether the suit has stalled efforts to hire a new chief or the status of the search process.

Punterieri argues that any and all discussion of how Police Chief Scott Kinmond's successor would be named, if and how a search/screening committee would be formed, and who would be appointed should have occurred in public session.

Kinmond, the town's current chief who has served for 24 years, is retiring from that post and will become the town's road agent.

"The plaintiff is contesting that the decision to appoint a committee (or accept volunteers), the membership of that committee and the process leading up to the interviews violates RSA 91-A as they were never held in public session," the suit states.

In the suit, Punterieri argues that the town set precedent when it filled two key positions — the first-ever town planner and a town engineer — by hiring them in full public session. He maintains that a similar process should have been following for naming a new police chief.

Volunteers who have agreed to serve on a committee looking for a new chief, according to minutes of the committee's work, are Belknap County High Sheriff Craig Wiggin, Merrimack County High Sheriff Scott Hilliard, Auburn Chief of Police Ed Picard, Moultonborough citizen Peter Whelley, and Peterborough Town Administrator Pam Brenner.