Are you above the Law? Or don’t even care?
Yes, a “chucklehead edition post” – or the politically craven, or those too scared to do the right things because “I WANT TO GET REELECTED” (and don’t want the ginned up mob to be angry at me anymore!!!). And the realization hit me that in the posting of any future meeting, as opposed to how the Law is written, it seems that ANY NH State Representative in Belknap County can call a meeting anytime they want in any WAY that they want – no questions asked and who cares about what the Law says!!
I had called Debbie Shackett, the Belknap County Administrator, last week to ask for the minutes of the meeting and I asked about WHICH RSA was used when NH State Rep Harry Bean “called the meeting” for Monday, August 1st.. Her response was that he didn’t state ANY RSA even though there are two (as I have listed before in other posts; relisted here again) that control the calling of meetings: RSA 91A:2 (for most meetings, including “emergency” meetings) and RSA 24 (strictly controls how County Delegations are to act – and in the absence of verbiage supporting an action, what CANNOT be done):
…An emergency shall mean a situation where immediate undelayed action is deemed to be imperative by the chairman or presiding officer of the public body,
RSA 24:9-c (relevant parts bolded)
Further Meetings. – The chairperson of the convention or a majority of the members of the convention may, and the chairperson of the convention upon the written request of the county commissioners shall, call a further meeting or meetings of the county convention….
The clerk of the convention, or his or her designee, shall mail to each member of the convention a notice stating the time, place and purpose of further meetings at least 7 days before the day of the meeting and shall cause to be published a like notice at least 7 days before the day of the meeting in a newspaper of general circulation in the county. Mailing such notice is not required during any session of the general court, if the notice is printed for 2 legislative days in the journal of the house of representatives.
So with that, I had asked Debbie forwarded the Meeting Minutes to me as well as which reps constituted the quorum (a certain number of Reps have to physically show up at a meeting in order for a meeting to be legal:
—— Original Message ——
From: “Debra A. Shackett” <dshackett@belknapcounty.org>
To: “skip@granitegrok.com” <skip@granitegrok.com>
Sent: 8/12/2022 4:21:37 PM
Subject: requests for information
I‘ve attached the minutes of the meeting from 8/1/22.
The meeting was called by a quorum of the Delegation. Those Representatives are: Bean, Trottier, Hough, O’Hara, Plosjaz, Harvey-Boulia, Bordes, Mackey, Johnson, Littlefield, and Lang.
Debra
Debra A. Shackett,
County Administrator & HR Director
34 County Dr.
Laconia, NH 03246
(603) 729-1286
dshackett@belknapcounty.org
11 Reps were part of the quorum calling for a meeting – satisfying RSA 24:0-c as none of them were the Chair of the Delegation (that would be NH State Rep Mike Sylvia) or the Vice-Chair (NH State Rep Ray Howard at the time, now resigned as required as he has moved out of state, but still leaving 18 State ). I have NO problem with them calling such a meeting, other than the “emergency” is not that of a natural disaster, no one has been injured or killed, nor physical plant (lifts, buildings, computer systems) but simply political dispute that, by definition, isn’t an “emergency” – in this case, just a hyped up and politicized event by those supporting the Citizens of Belknap whose goal is tear the Republican Party within Belknap County asunder.
Which meant that RSA249-d had to be used – and required a 7 day notice mailed to the Reps. Or, if in session, a notice in the NH House Journal(s). I couldn’t find any such thing as to an “emergency meeting” in any Journal. Given that Harry had said that he was calling for an emergency meeting for Monday on the previous Friday’s GAC meeting so that option, IF HE HAD OBEYED THE LAW, was not available. It had to be a 7 day notice.
So he, and the other Reps that attended, by a simple reading of the plain Law, broke that Law. Great, ALL of you chuckleheads that attended – we elect you to make our laws and you can’t be bothered to obey the Law pertaining to YOU?? Then why should we, the little people, follow the Law that you pass? Are you above the Law? Or don’t even care?
NH State Rep Bean called a 24 hour emergency meeting – as if RSA 91A-2 (above) could be mixed in like a Chinese menu (pick one from Column A, two from Column B, and one from Column C). Or he just didn’t care: a FAUX EMERGENCY!!!
So, enough about calling the meeting – the plain reading of the Law says exactly what they can and can’t do (and County Attorney Andrew Livernois helped them do so, IMHO). On to the meeting (emphasis mine in highlighting sections of the Minutes):
Belknap County Delegation Meeting Minutes
Aug 1, 2022 at 7:00 PM- Emergency Meeting
Gunstock Mountain LodgeThe meeting was called to order at 7:00 PM by Rep. Bean, who noted that this was an emergency meeting and then led the Pledge of Allegiance.
Bean stated that the Delegation would not be taking public comments during the meeting.
Motion: Hough to appoint Harvey-Bolia as acting secretary.
Second: Bordes
No discussion
Vote: 9 Yes, 0 No – Motion PASSED
Notice that vote count above: 9 Yes, 0 No. A total of 9 votes.
Now note that a quorum of the Delegation must have 10 Reps physically in attendance as there are 18 NH State Reps in . TEN. There were only nine.
The meeting should have been stopped right then and there for a lack of a physical quorum. TEN (for the Belknap Delegation) have to be in that location – and there were not ten present.
Also, consider this from 91A:2
III. A public body may, but is not required to, allow one or more members of the body to participate in a meeting by electronic or other means of communication for the benefit of the public and the governing body, subject to the provisions of this paragraph.
(a) A member of the public body may participate in a meeting other than by attendance in person at the location of the meeting only when such attendance is not reasonably practical. Any reason that such attendance is not reasonably practical shall be stated in the minutes of the meeting.
(b) Except in an emergency, a quorum of the public body shall be physically present at the location specified in the meeting notice as the location of the meeting. For purposes of this subparagraph, an “emergency” means that immediate action is imperative and the physical presence of a quorum is not reasonably practical within the period of time requiring action. The determination that an emergency exists shall be made by the chairman or presiding officer of the public body, and the facts upon which that determination is based shall be included in the minutes of the meeting.
There was no IMMEDIATE imperative need for this meeting – it was politically disagreement based as I said, on mere “political expediency”. The Chair had not declared an emergency.
Again, the Law is quite clear – only the Chair can call an emergency meeting. State Rep Bean was not the Chair at the time of calling the meeting.
Further, the nature of the “emergency” (even if a false one) is not mentioned or enumerated in the minutes as required. Accepting resignations are not emergency actions. Appointing a GAC Commissioner is not an emergency action. Removing a GAC Commissioner, while unusual, is not an emergency action (see the changed Agenda below)
These are normal, everyday functions of a Delegation as outlined in the Law.
Motion: Rep. Hough motioned to allow Rep. Lang to participate remotely.
Second: O’Hara
No discussion
Vote: 9 Yes, 0 No – Motion PASSED
Again, NO reason was given – in violation of the Law.
Harvey-Bolia called the roll.
Members in attendance: Reps Bean, Hough, Harvey-Bolia, Lang (electronically), Ploszaj, O’Hara, Bordes, Littlefield, Trottier, and Mackie
Absent: Sylvia, Aldrich, Silber, Comtois, Johnson, Terry, Varney
Note the incongruence here – LESS than a quorum of the State Reps voted to allow NH State Rep Lang to participate telephonically (again, with no reason in the minutes) in order to form a quorum.
And now, as we are a Dillon’s Rule State (meaning that only those things can be done by a subdivision of the State specifically enumerated in State Law), we see the Delegation operating OUTSIDE THE LAW again. If you read the specific words of RSA 24, there is no mention of a status of “acting” anything – not an acting Chair, not an acting Vice-Chair, and not an acting Secretary.
Sidenote: such a misogynist bunch of boys – immediately selecting the only female present to be the secretary.
Rep. Bean verified that ten members are present, constituting a quorum of the Delegation.
Sorry, Rep Bean – less than a quorum of the Delegation, per RSA91A, cannot vote to allow another member to attend telephonically in order to create a quorum! Show me otherwise! Once again, breaking the Law to make decisions should have been an immediate Red Flag to you ALL. And yet, you persisted.
Motion: Hough to appoint Harry Bean acting chair
Second: Ploszaj
No discussion
Vote: 10 Yes, 0 No – Motion PASSEDMotion: Littlefield to appoint Hough as acting vice-chair
Second: O’Hara
No discussion
Vote: 10 Yes, 0 No Motion PASSEDMotion: Hough to move to change the order of the agenda to 1: Accept the resignation of Gunstock Area Commissioners Ness and Kiedaisch. 2. To appoint a new commissioner to the GAC, and 3. Any other urgent business required to open Gunstock Mountain Resort.
Second: Littlefield
No discussion
Vote: 10 Yes, 0 No- Motion PASSEDMotion: Hough to accept the resignations of Commissioners Ness and Kiedaisch.
Second: Trottier
No Discussion
Vote:10 Yes, 0-No – Motion PASSEDHough motions To Appoint a new Gunstock Area Commissioner to the GAC, the appointment to expire in Nov, 2023. The process will be explained by Rep. Bean.
Second: O’Hara
No discussion.
Vote: 10 Yes, 0- No – Motion PASSEDRep. Bean explained that applicants had two minutes to deliver a speech to the Delegation. Votes will be taken after the speeches. The Delegation called upon the following applicants for Gunstock Commissioner:
Michael Newhall- not present.
Dan Calmurton- not present
Denise Conroy- Ms. Conroy of Alton made a brief presentation and answered questions of a general nature from the delegation. Conroy disclosed that her husband is a ski instructor at Gunstock. She is new to the area but she has extensive experience in marketing.
She just admitted that she has a conflict of interest – being an “Overwatcher” that will be making decisions that could have a material effect on an immediate family member.
Rick Hassler- Mr. Hassler made a brief presentation and answered questions of a general nature from the delegation. Mr. Hassler said he does not know the upper management.
Michelle Cardona-Flanders-not present
Angelo Farruggia- made a brief presentation and answered questions of a general nature from the delegation. He stated he does not have any ties to Gunstock employees.
Chuck Mitchell-not present
Charles Bradford-not present
Bob Durfee – made a brief presentation and answered questions of a general nature from the delegation. He is a former Gunstock Area commissioner. Durfee is an engineer and works on Dubois and King engineering projects. He is the lead structural engineer and has recused himself when appropriate during past GAC votes.
John Lowell- of Center Harbor, made a brief presentation and answered questions of a general nature from the delegation.
Andrew Howe- of Gilford, a groomer at Gunstock made a brief presentation and answered questions of a general nature from the delegation. He has known Tom Day for over 30 years.
Dick Tapply- former Gunstock Manager, made a brief presentation and answered questions of a general nature from the delegation. He withdrew his application due to a conflict of interest.
Votes were taken by roll call for the GAC appointment:
5 votes for D. Conroy
4 votes for Durfee
1 vote for John LowellRound 2:
7 votes for Denise Conroy
3 votes for B. Durfee
Rep. Bean swore in Denise Conroy as the new Gunstock Area Commissioner. A notary public stamped her appointment paperwork.Motion: Hough moved to accept David Strang’s resignation from the Gunstock Areas Commission.
Second: Trottier seconded.Discussion: Hough explained that during the GAC meeting of July 31, 2022, Comm. Strang stated that he would resign under the condition that the GAC had a quorum with which to do their business. Hough added that with the appointment of a new GAC Commissioner, the condition of resignation is fulfilled and Strang’s resignation could be accepted.
“Would” does not mean “Has”. Did the Delegation have something in writing from Dr. Strang that officially to his conditional resignation? Gary Kiedaisch made it clear: “I quit”. Did Strang ever say those specific words? I think not. He only was stating what the conditions were under which he WOULD quit – and not a formal statement of his resignation.
I have the video of that exchange where Strang was out of state and participating telephonically; both GAC Commissioners Lambert and Wood were constantly browbeating him constantly to achieve their political agenda by demanding that he resign right then. To be honest, I have yet to process that video and it will show that Strang NEVER agreed to resign.
Thus, NH State Rep Gregg Hough was wrong.
Roll call vote: 9 Yes, 1 No, Motion PASSED.
Rep. Bean recognized Littlefield for a statement. Littlefield made a general statement commending those who worked for a resolution in the struggle to re-open Gunstock.
Rep. Bean made a statement of appreciation to Delegation members and Gunstock staff for their work.
Motion: Hough moved to adjourn.
Second: Trottier
Vote: Yes- Unanimous voice vote
A true copy, I attest.
Rep. Juliet Harvey-Bolia, Secretary
So this meeting, in my eyes, was illegal in several different ways:
- Illegal in HOW it was called
- Illegal in WHO called the meeting
- Illegal in that a physical quorum was not present.
- Illegal in that less than a physical quorum voted to accept NH State Rep Tim Lang to join the meeting and THEN declaring a quorum
- Illegal in that NH State Reps Bean and Hough were appointed to “acting” positions to which there is no mention of such statuses in RSA 24.
Thus, any decisions made in this meeting should be vacated:
- The acceptance of the two GAC resignations
- Forcing the resignation of Commissioner Strang by manipulating his words.
- Appointing a new GAC Commissioner to fill a vacant term.
