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By RAY CARBONE
New Hampshire Union Leader
Monday, Jul. 19, 2010
The New Hampshire Attorney General's office has issued a cease-and-desist order to five people, including a Moultonborough selectman and a former school board member, for their roles in distributing political flyers last year.
Assistant Attorney General Matthew Mavrogeorge said the five violated the state's election laws by failing to identify the flyer as "political advertising" and not including information identifying who was sending it out.
"(You) are hereby ordered to cease and desist from distributing any future political advertisement without first complying with the signature (identification) requirements contained in RSA 664:14," the order reads.
The flyer urged voters in March 2009 to turn down an article on town and school ballots regarding adoption of Senate Bill 2, which would replace town meeting with voters going to the polls on town election day. Voters turned down the SB2 idea at both the town and school district meetings. The district vote was 746-975, while the town vote was 704-975.
Selectman Karel Crawford and former Moultonborough School Board member and current Supervisor of the Checklist Laurie Whitley are cited by the Attorney General's Office. The three others are Lisa St. Amand, who has been a member of the town's Recreation Strategic Planning Group, Mary Ann McRae and Anita Blood.
Efforts to reach the five yesterday were unsuccessful.
According to the report, investigator Richard Valenti began looking into the issue last July after state officials received a formal complaint from resident Paul Punturieri. He charged that Whitley had violated RSA 664 by sending out the election flyers without identifying who was responsible for the material.
"It states at the bottom that the Selectmen, School Board and Advisory Budget Committee do not support SB2, but nowhere does it mention that she is a member of the School Board and running for office, nor that this flyer was not actually sent by the School Board, Selectmen or Advisory Board," the complaint reads.
In the interviews recorded in Valenti's report, none of the five reported knowingly sending out a flyer without their signature, but said that it was possible some flyers could have gone out unsigned. In his interview with Whitley, Valenti said she noted that "SB2 has been on the ballot two years in a row and it has come close to passing." Whitley said no town funds were used to mail the flyers.
Just days before the election, the flyers were criticized by the Moultonborough Citizens Alliance -- on whose website Punturieri identifies himself as a one-time member.
In his letter to the state, Punturieri said he feels as if voters did not get a fair chance to hear both sides of the issue before voting. Previous votes on SB2 in the town and school district have been close, (but) "I do not believe it was a fair fight (this time) as powers that be did not play by the rules."
Yesterday, School Board Chairman Mark Borrin said he would issue a formal statement this afternoon, but added he did not believe the report or the orders have anything to do with either the school board or the district.
"It never became an issue the board talked about," he said. "The issue involves individuals who are on the board, but it wasn't a board matter."
Wednesday, July 1, 2010
SB2 is the shorthand title for the Official Ballot Act, RSA 40:13, which allows voters in towns and non-city school districts to decide budgetary and other matters by secret ballot during pre-set polling hours rather than through the traditional Town Meeting format at which those matters get debated, possibly amended and ultimately decided by the vote of those attending the meeting.
Since RSA 40:13 took effect in the 1990s, the consideration on whether to adopt it has been hard-fought. Not only have officials and private citizens strongly argued its pros and cons but, quite often, the protagonists impugn the motives — and sometimes even the decency — of those on the other side of the question.
This should not be all that surprising. The SB2 debate strikes at the core of a community's identity and the place that heritage and tradition play in that identity.
An example of how these feelings can play out is in Moultonborough. Efforts to get the town to switch to the SB2 format have so far failed.
As a result of the last effort to pass SB2, some supporters went to the state Attorney General's Office to complain that there was an organized anti-SB2 effort underway which was in violation of the state's political advertising laws. Those lodging the complaint to the AG's office alleged that the anti-SB2 group in its campaign was sending out flyers which failed to explicitly state that the circulars were political advertising and in addition did not identify who was behind the campaign.
The Attorney General's Office last week issued a cease-and-desist order, saying such efforts in the future must conform to the law's disclosure requirements.
This issue might seem to some like a tempest in a teacup, but the fact that the anti-SB2 group included a selectman and someone who at the time was serving on the School Board raises some issues.
Elected officials certainly are well within their rights to offer their opinions on public issues, and there certainly is no reason for them to feel they need to apologize for doing so. Therefore, why would elected officials want to be less than forthcoming about their views on a critical issue?
As so often is the case in controversial matters, members of official bodies are not of one mind. Some, therefore, question the propriety of one member of the group taking a stand when that view does not reflect the overall sentiment of the group.
Nothing should inhibit elected officials from speaking their minds, but they should do so forthrightly and with complete transparency. If a group, like a board of selectmen or school board, wishes to take a stand, that, too, is their right. Or, if they choose not to do so, they should not stand in the way of the individual members from exercising their rights as individuals.
Wise decisions are reached when discussion and debate are open and vigorous and in a way in which the public can assess the credibility of the arguments.
That means openness and playing by the rules
In light of the recent Cease and Desist orders issued by the Attorney General's office towards former Board of Selecetmen Chair and current Vice Chair Karel Crawford, and former School Board Chair and current Supervisor of the Checklist, Laurie Whitley, we at the MCA feel it is appropriate to comment.
We fought a fair fight for SB2 in March of 2009. We now find out that the election may not necessarily be reflective of the voice of the people perhaps as a result of the actions of the above board memebers.
Finally! There was a disagreement on the Board of Selectmen! This is something we rarely see in this town where the common vote is 5-0! Betsey Patten voiced her concern that the Master Plan Implementation Committee should fall under the guidance of the Planning Board and not the Board of Selectmen as recommended by the Town Planner. She suggested that they meet with the Planning Board and the Town Planner to discuss the matter further Joel Mudgett agreed with Betsey.
The discussion was interrupted by “If I may,’ from Carter Terenzini. He began a lengthy and misleading dialogue of why the jurisdiction of the MPIC should fall under the BoS as town departments such as fire, police, are not under the direction of the planning board. Betsey argued that she did not feel comfortable going forward without meeting with the Planning Board.
What is not clear is why did the Selectmen go forward with a vote? Why not table the issue to make sure that something as important as the implementation of the Master Plan is clear to all of the Selectmen? If there is disagreement, which in this case is a good thing, arrange for additional time and discussion. We have been waiting for quite some time to begin the process of implementing the Master Plan, but let’s do it right. Let’s do it without making more mistakes than we have in the past. We need for the town to go forward, not get stuck in the proverbial mud.
It wasn’t until the actual meeting minutes were published that the final vote was actually known, as they tend to speak rather softly up there at that table. We would once again, encourage the BoS to speak louder so that the audience in attendance could hear all that is said. Now that the Selectmen meetings are aired on Time Warner Cable, we will be able to control the volume by our remote controls.
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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.
We anticipate that the first official airing of the Moultonboro Board of Selectmen's meetings will be on Tuesday August 11, 2009 on Time Warner on the PEG channel at 7pm. The paperwork has been filled out. All the tee's have been crossed and the i's dotted. We believe we have all the ducks in a row and all the glitches worked out. We should be all set to go!! We are very excited and want everyone to pass the word around! Tune in and watch!!
We would like to extend a big thank you to our Town Administrator and Time Warner Cable for helping to put this together!
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 town voted on the establishment of a Heritage Commission at Town Meeting this year and we have been waiting for months for the Board of Selectmen to finalize volunteers to that commission. Once volunteer letters to the Board have been submitted and reviewed, we would think that the commission would be properly appointed and the newly formed Heritage Commission could meet and begin the tasks ahead of them. Not so: and still we wait. The Board of Selectmen still have not yet finished determining who is on the committee. Why is that?
There are several things that concern us about the appointments made thus far. For instance, at the Board of Selectmen meeting on May 14, 2009, Chairwoman Karel Crawford said that they would work on it at their scheduled work session on May 28th. Yet somehow at the Selectmen’s meeting on May 21, the very next week, announcements were made as to who would be appointed to the Heritage Commission. When did they discuss that they would make appointments at their May 21 Board of Selectmen’s meeting rather than at their scheduled work session? Is it possible that all five of the selectmen were on the same wave length at the same time? If they had a discussion, it was not before the public. If so, where are the minutes? Or is this privileged information not available to the public?
We wonder if there was some kind of discussion behind the scenes that no one bothered to recognize as a need to bring to the public under the Right to know law.
Another issue is the selection of one volunteer who serves on several other committees. No questions were raised at the appointment of Jean Beadle who serves as the Chair of the Advisory Budget Committee, as well as a member of the Town Planner Screening Committee. Yet when Selectmen Betsey Patten suggested that Jane Fairchild should be assigned as an alternate, she implied that Jane would be far too busy to be on the Heritage Commission as she is already a member of the planning board. Not Jean Beadle however who is the Chair of the ABC. She should be quite busy finding a replacement for a member that resigned, not to mention all the time to bring a new member of the ABC up to speed.
Don’t forget folks, the school will be in the midst of contract negotiations with the teachers union, the school budget, and the town budget and that should be more that enough to keep the ABC Chair quite busy. Why is an alternate assignment good for one but not the other?
Is there some favoritism amongst the appointments?
The third issue at hand is the select board member that is required by statute to serve on the Heritage Commission. Another statute states that there cannot be 2 members of the Planning Board on the same committee or board. Selectmen Ed Charest is on the planning board as is volunteer Jane Fairchild. How will this be resolved?
How long must we wait? There is a worksession June 25, 2009 @ 4pm........
