This morning was a special meeting of the Gunstock Ski Area (Gilford, NH) Commissioners (“GACs”) with the agenda item of approving an expenditure of $63,000 that would be a down payment on the $225,000 HVAC update.
This would give the main lodge air conditioning capability.
It’s clear that it is needed – the Belknap County Republican Committee held a gala there last summer, and it reminded me of why I always say that I wait all summer for February. It is needed.
But it isn’t about “a need” when it comes to Government and then “getting it done.” The expenditure, in this case, is minor to the real problem.
It is a case, which isn’t over by a long shot, of non-Transparency and not Following The Law. Neither happened today. But that’s what happens when “good ole boys” start running things – and then get surprised (and then angry) when those for whom those attributes really are important start looking into things and getting involved.
The problem is that of the three GACs that called for the Special Meeting (Jade Wood, Gary Kiedaisch, and Rusty McClear), the latter may not be a valid GA Commissioner as according to the authorizing Law (from HB 1442):
399:4 Appointive Agency. The county convention for the county of Belknap, hereinafter sometimes referred to as the “appointive agency”, shall, acting as a body, appoint the members of the commission. [Not more than two of the] Members of the commission shall be residents of [the same municipality] Belknap county. At least one member shall be an experienced skier and at least one member shall be experienced in the field of finance, banking, or accounting. The term of office of each member shall be five years, except that initially, one member shall be appointed for a term of five years, one member for a term of four years, one member for a term of three years, one member for a term of two years, and one member for a term of one year. Thereafter, appointments shall be made for five years. No commission member shall serve more than 2 consecutive terms. Each member shall continue in office until his or her successor has been appointed and qualified, and each member shall be subject to removal for cause by the appointive agency after public hearing.
Thus, it seems that he was to only serve the remainder of the term of a former GA Commissioner that quit (Steve Nix) – and that term expired months ago. A free rider (or as someone at the meeting said, a “squatter”. Interesting word choice – someone who “inhabits” a place to which they are not entitled.
In this clip (more coming), newly elected GA Commissioner David Strang, MD, pointed out that any decision made at the meeting may be in legal jeopardy as the meeting was called by only TWO GA Commissioners (excluding McClear) – the GAC by laws require three valid GA Commissioners. Listen well.
It is clear that both McClear and Kiedaisch worked hard to take this eligibility issue off the table in order to get to what they wanted to do – the means justified the ends. They wanted to make it irrelevant – principle be danged.
They forgot who they are (or in the case of McClear, was). They ARE Government – in the case of Gunstock, the face of the mountain. They are representatives who swore oaths of office (NH Constitution, Part 2, Article 84):
[Art.] 84. [Oath of Civil Officers.] Any person chosen governor, councilor, senator, or representative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.
I, A.B. do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitution thereof. So help me God.
I, A.B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all duties incumbent on me as …………………………………………., according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. So help me God.
Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary’s office, he shall not be obliged to take said oath again.
Provided always, when any person chosen or appointed as aforesaid shall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word “swear,” and likewise the words “So help me God,” subjoining instead thereof, “This I do under the pains and penalties of perjury.”
Honor the Constitution? Follow the Law? Not so much.
When those that have been voted into places of authority abuse that authority, they should be rebuked. And then trying to sweep it under the rug should make that rebuke even harsher.
The analogy, as I told TMEW, as back in day when crime was quite rampant in NYC. Then, Rudy Giuliani became mayor and starting the Broken Window philosophy of policing. To wit – often those that commit small crimes continue on to do larger crimes. Take care of those Broken Window crimes, as he did, stopped it. The applied penalties ended up as being very effective deterrents.
It works in politics as well when officials deliberately skirt abiding by the Law. WE, all of us, should be Giulianis in monitoring our elected officials – and in his piece on this, as expected Michael Mortensen of the Laconia Daily Sun breezed over this important aspect. WHAT was said was covered correctly – my video will back that up. WHAT was broken, the Rule of Law, was not mentioned. WHY it was broken was not explored. NOTHING was presented to help educate readers as to “who is right”…
…as if it doesn’t matter at all. Recount the happening but don’t bother about the Law with what is right and lawful and what is not. “Glazed over” comes to mind.
All three of the GACs that called the special meeting are implicated in this. How can McClear and Kiediasch believe they can hide behind Mike Sylvia’s wrong opinion (who has admitted that he was wrong) when confronted by Strang with actual Law? Yet, the Gilford School Board is doing the same – refusing to Follow The Law (or rather, recognizing that there IS no Law allowing them to do what they are with Policy JBAB).
What are we supposed to think, believe, or act when confronted by those that refuse to do the right thing.
Jade Wood knew the situation. While she took no part in the sharp words between Strang and Kiedaisch, she knew about the controversy when she signed onto calling for the Special Meeting. She said that her only purpose was to get that equipment for the money.
Sorry, doing a “right” thing the wrong way makes all of it wrong. The Broken Window here was “looking past” that window in the first place. The means justified the ends.
No, not when YOU are the Role Model to which others are watching. All three got their way – even Strang said yes as the fourth vote. But that meeting should never have been allowed in the first place. The GAC should take its lumps, apologize, and redo that meeting – which DOES mean they would have to rescind that down payment and pray that the equipment hasn’t “moved on”.
Sorry, being comfortable is no reason to deny the lawful strictures placed upon you.
Note: As you listen to the video, Dr. Strang said that the vote could be in legal jeopardy.
Well, guess what? When I talked with someone after that meeting, waiting for my Irwin Ford in trying, yet again to fix my truck (hit by a minivan owned by Dartmouth College while I was up there for the Dartmouth College Republicans’ Andy Ngo event), he offered legal assistance if I wish to pursue this.
I am apt to take up that offer if it stands.
Then what are the GACs gonna do?
