Recently in Right-to-Know Category
The MCA is pleased to publish this article, not to bemoan our selectmen, but rather to point out serious violations involving the Right to Know Law. This is an oft misunderstood and easily ignored law. However, when repeated articles are posted on our and other websites regarding the selectmen’s history of conducting business outside of the public’s presence, it is hard to tolerate continued defiance of the public’s right to know. We hate to see things go so far as a lawsuit, but unfortunately, change comes about when and only someone is willing to file such a suit.
It is our sincere hope that the selectmen will understand the error of their ways, and frankly those of our town manager, and conduct their business in public sessions. According to RSA 91, non public sessions are very specific about what can and cannot be discussed. We also suggest that our town officials learn and truly understand this law thoroughly. It is complex, but worth knowing.
www.citizen.com September 14, 2009
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.
|
This is just a reminder to all our viewers out there, to attend a Right to Know Seminar Monday night August 10th at 7pm at the Moultoboro Library.
The Right to Know Law, known as RSA 91-A, is one of the most violated law by officals in NH. Many do not feel that they need to change the way they have always done things as they are above the law and do not feel they have to answer to their constituents.
We have had a recent violation of this law by our town officials in the procedures taken to hire a new police chief.
Please come and learn the proper way to adhere to this law.
Editor, The Citizen:
The Right to Know law is as vast as it is sometimes confusing. The NH Bar Assoc. states the "purpose of New Hampshire's Right to Know Law (RSA 91-A) is to make state and local government accountable to the people by requiring that meetings and records be open to the public as much as possible." Article 8 of the New Hampshire Constitution is the impetus for this oft misunderstood and sometimes pesky law. It states that "All power residing originally in, and being derived from, the people, all magistrates and officers of government are their substitutes and agents, and AT ALL TIMES accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public's right of access to governmental proceedings and records shall not be unreasonably restricted".
With this fairly simple but comprehensive language those who would be the "people" and those who would be their "substitutes and agents," from time to time, find themselves at opposite ends of the table. What constitutes a public meeting … what notes or records need to be kept and made available … what is fair notification of meetings ... and what about emails, letters, and telephone conference calls?
All these topics will be the subject for a Right to Know Seminar coming your way on August 10th (7 PM) at the Moultonborough Public Library. Sponsored by the Moultonborough Citizens Alliance, both the public and members of the various boards of area towns are invited. Ed Naile of the Coalition of NH Taxpayers, Tom Tardif, former mayor of Laconia, and Doug Lambert of GraniteGrok.com, all knowledgeable RTK experts, will be there to explain the "ins" and "outs" of this ubiquitous statute and field a Q & A session.
Bravo and kudos to the MCA for reaching out to both the public and their "substitutes and agents" to for a great opportunity to end up on the same page. The good folks who serve on the boards and the volunteers for committees who have to deal with this law on a daily basis should embrace this effort as a learning event to make their job a bit easier. What a great opportunity for all sides to learn, discuss and educate … all at the same time. I would encourage all to attend.
Now I know that at least some of you will consult the Web to see what Article 8 of the NH Constitution says and check this humble scribe's accuracy. While you are there, jump down a couple articles and take a look at my personal favorite… Article 10. You won't find that in any other state constitution!!
Rick Heath
Moultonborough
Now, we are not out to point fingers here, but only to highlight that there is a general lack of understanding of New Hampshire statutes. The recent “issues” with the formation of the Heritage Commission and the Capital Improvement Program Committee are two examples. The exclusion of the school district from the proposed “ordinance” for the CIPC is another.
The right to know laws are another area where we believe more education is essential. That is why the MCA hosting a Right to Know Seminar as a useful and helpful event for all citizens, whether in the private sector or in public office.
‘I urge every citizen, every school child, and every student of government to study the Right to Know Law’ Kelly Ayotte NH Attorney General.
Please come and find out for yourself! Mark your calendars: Monday August 10, 2009 at 7pm at the Moultonboro Library. There will be guest speakers: Ed Naile, from the Coalition of NH Taxpayers; Doug Lambert of Gilfordgrok; and Tom Tardif, former Mayor of Laconia.
This is not a political event, nor is it a partisan event. This is an educational opportunity open to everyone.
All are welcome!
The Right to Know. The right to know what? Why should I care about this? How does this affect me? Why is anyone bothering me with this? Isn’t this one of those political things that makes no sense to anyone that is not a lawyer or a politician? Who cares? They’re gonna do what they want anyway. So, why should I even bother? It’s dry garbage. It makes no difference to me. No one cares what I think. Besides, I don’t feel like being the one to put my name out there as someone who disagrees with the powers that be, because I work for a business that does work for the town. What would happen if I spoke out against something that they are doing? Would I lose my job? Or be blackballed? Or would my boss try to get rid of me?
Does any of this sound familiar? Are you or someone you know thinking like this? You are not alone. So many people feel this way. They do not want their names out in the public, be in it newspapers, letters to the editor or at public meeting, for everyone else to see.
That’s just not fair, or acceptable to the MCA. We want everyone to voice their opinions and their objections or support to anything that is happening in our town. Speak out to us. We will voice your concerns.
The Right to Know Law is important for all citizens of NH to understand. Our Attorney General has encouraged every citizen of this state to read and understand the Right to Know Law. It is so important, that any failure to adhere to the law, will take precedence over anything else in Superior Court.
Please come to A Right to Know Seminar on Monday August 10th, 7pm at the Moultonboro Library. There will be guest speakers that are experienced with the Right to Know Laws. Ed Naile from the Coalition of NH Taxpayers; Doug Lambert from Gilfordgrok; and Tom Tardif, former Mayor of Laconia will be speaking. There will be a question and answer period to follow. We encourage everyone to attend, whether or not one is involved in politics or not. This is information for everyone, whether Democrat, Republican or anything else. We welcome everyone.
Any questions? Please email us at: www.moultonborocitizensalliance.org
It is unusual to not have a selectmen's meeting agenda by late Tuesday, 2 days prior to their scheduled meeting. The public deserves more than an announcement from the Town Administrator advising people of a 6pm meeting with both the select and school boards.
Where's the agenda??
June 4, 2009
Editorial
Everything about public meetings should be made as public-friendly as possible. That means posting agendas online (consistently, and as far in advance as possible, please), holding non-public sessions at the end of meetings whenever humanly possible, and allowing the public the most convenient method for making comments about town affairs. Recentdecisions and conversations of various local boards and committees have stirred up some controversy regarding how public comments should be handled at public meetings. In Sanbornton selectmen had to reprioritize after backlash from residents about moving public input sessions to the end of meetings. The move angered some,who said the change was an attempt to keep them from being heard, specifically because Sanbornton’s meetings can run late. Ultimately, the board put the sessions back to the beginning of each meeting, which we think was the right thing to do.
Moultonboro changed its policy recently as well, also drawing fire from the town’s more vocal citizens. Instead of allowing residents to comment and ask questions as the meeting progressed, it restricts public input to the beginning and end of each selectmen’s meeting. It might be more conducive to informed input if the board would consider handing out packets of information prior to the meeting. It’s difficult for members of the public to do more than ask questions to figure out what the issue is – and after the vote is cast and the decision made, everyone just wants to go home. It’s unlikely that a vote would be changed, once cast, as the selectmen have suggested they could do if swayed by public input. In its organizational meeting just last week, the Gilford Budget Committee discussed the issue, trying to decide where to place public input on the agenda so residents would have a fair shot to voice concerns or make comments at a relevant time. They, respectably, want to ensure that the public can talk freely before a vote, but perhaps after committee discussion so the speakers are informed. Also making an effort to respect the public, the Tilton Board of Selectmen just started holding a public input session at its meetings. Often there is no input, but occasionally the opening has given interested residents a chance to speak informally without having to make an appointment. It hasn’t appeared to slow the board down in terms of getting things done, and citizens have peace of mind that, should they ever want to throw out a comment or raise a concern, they will have the opportunity and ability to do so. Boards and committees are meant to be working for the residents of a town, so it doesn’t make sense to us when they make residents jump over hurdles to get a chance to speak (or get a hold of an agenda or meeting minutes, for that matter). We understand that they need to get things done, and that sometimes public comments sessions can get out of hand in terms of length or topic, but the board does have the ability to limit speaking time, or to offer a timeslot on the agenda should the topic warrant one.
