"Pay no attention to that man behind the curtain!"
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The fight for open and transparent government rages on here in Central NH. As the saga of the Right-to-Know lawsuits we filed here in Belknap County continues, we find obstacles at every step of the way. You know the story– former Laconia Mayor Thomas A. Tardif and I have filed two separate Right-to-Know lawsuits against the Belknap County Convention (comprising of the elected state representatives of the county)- the first alleging they violated the law by the process they used to appoint a new Sheriff to fill the unexpired term of his resigned predecessor, followed by a second violation when they denied us access to records involved in the same event. Details can be found here, here, here, here, here, and here.
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As we move through the legal system, having won the first point regarding an illegal secret paper ballot vote, which unfortunately included bad language inserted by the presiding judge in the ruling, (thus causing an appeal which we have now lost) we are being looked upon with some derision by some of those involved, including many fellow Republicans. One local party stalwart told my co-petitioner that "you guys are making us [Republicans] look bad." Even though some privately will admit that Tom and I are right in our assertions that what they did was wrong, they will do nothing publicly other than support the ongoing (taxpayer funded) defense of their actions.
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The judge appears equally determined to protect both the lawmakers and his own reached-for ruling. His basic contention is that the Sheriff is an employee in the eyes of NH’s Right-to-Know law with regards to access and records. We disagree, contending that as an elected public officer, or, in this case, appointed to the position to complete a term, the Sheriff forfeits all rights to such privacy. Anyway, you can go back and follow the hyperlinks above to read the particulars, which are fairly well covered.
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In addition, the firestorm ignited when "leaders" from both Gilford and Moultonborough (NH) colluded in order to dodge the public’s eye continues as well. As reported on the local outlet of the ‘Grok family of blogs, GilfordGrok.com, two members of the Gilford School Board and the chairman of an official body from Moultonborough schemed to create a "private, closed-door" meeting during a public meeting in order to bar interested citizens from having access to their discussion. Again, you can go here to find out more. (Also, here, here, here, here, here, here, and a Citizen piece on it here.)
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The point of this post, however, is not so much to delve into the particulars again, but instead to discuss the question of WHY.
"Who cares? Why is a ‘Right-to-Know’ law so important?
"They’re the government, Doug. They always do the right thing, don’t they? Heck– a lot of what they do is for the children… and the poor… and the sick. You know, they do other stuff, too, like inspect highway bridges in Minnesota… Besides, some of the elected local people are my friends!"
They’re also human beings. The last time I checked, we’re all flawed and subject to the gravitational pull of human nature. As an elected representative, it’s easier to do things away from the scrutiny of your friends, aquaintances, and other fellow citizens. It’s hard to take a public stand, knowing somebody’s not going to like what you’re doing. Consider government officials or bureaucrats with little to no competent oversight at the hands of the elected politicians, certainly a percentage might be tempted to take advantage.
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Knowing that a citizen stands at the ready, with access to all records involving actions and decisions is sometimes the only thing standing in the way of some individuals failing to resist the temptation. You know… the threat of getting caught. Yeah, it sounds overly simple, but that’s what it’s all about. Getting caught– not by the boss, or the appointed overseers, but by the work and diligence of ordinary citizens. After all, isn’t all government of, by , and for the people? Shouldn’t they have a right to know what’s being done in their name? And sometimes, ordinary citizens have a vested interest not shared by those who’s job it is to mind the store.
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One last point readers should consider– it’s not just the local government here in NH or that at the state level. It happens everywhere. Federal, state, here, there. Anywhere government exists, there is the danger of abuse. You can make all the rules you want. There are those who will exploit any opportunity that might happen to arise. Sometimes, it takes the due diligence of one or two interested citizens to flesh these out. Right-to-Know laws, sometimes called "sunshine" laws, are tools that are there for ordinary people to use. It is up to us to take advantage, and make sure we’re vigilant and on guard against legislative measures that weaken such important safeguards.
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I found a great new blog that specifically covers the state and use of "sunshine" laws throughout the country– State Sunshine and Open Records (SSOR). The various stories covered all seem so familiar, as I have encountered or heard about many similar tales right here in our little corner of the planet, central NH. They confirm what we must all understand: governments everywhere are not much different from each other. We must all be on guard, no matter where we live.
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—-This post at SSOR about a South Carolina sheriff is an example of what can be discovered using laws enabling public access to government records. I like this one too, about how the database of the salaries of all RI state employees is now open after the use of such laws. Feel free to post any such stories you might have that can add to the list of successes.
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