tag:blogger.com,1999:blog-78743473697872414432024-03-05T00:35:45.822-05:00Atkinson Reporter 2Unknownnoreply@blogger.comBlogger624125tag:blogger.com,1999:blog-7874347369787241443.post-14983450131650185682022-04-13T16:10:00.002-04:002022-04-13T16:10:58.791-04:00Selectmen choose the wrong action again<p> So our selectmen screw the pooch again!</p><p>They had the chance to do the right thing, All they had to do was follow Pennsylvania's example and immediately fire Baldwin from the board which he fraudulently campaigned for.</p><p>Now that Baldwin has been fired from PA. He can give up his home there, trade in his PA driver's license for a NH license, and resume his seat, falsely claiming he intended for the PA job to be temporary, something Town Hall denizens say Billy was claiming when he signed up to run.</p><p>Once again Billy's corruption costs the taxpayers of Atkinson to further his ego. The selectmen can find neither spine nor starch with which to act on behalf of their constituents. Lets Recap;</p><p>Billy Signed up to run for what NH law calls an "office of profit". He did so knowing he lived and worked 500 miles away in a full time job, that required; a PA driver's license, thus forcing him to relinquishing his NH license, and therefore residency. Night and weekend availability, Attendance at borough meetings. He, knowing all of this ran for an office of profit, in a town where he had no domicile or residency. Many would call this fraud! And the fact that he openly spoke of this around the town hall, means the selectmen likely knew about his residency status, despite their hollow protests to the contrary. This could open them up to accessory charges. </p><p>Could this be why they are so reticent to do the right thing and refer this to the NHAG for investigation?</p><p>Time will tell, For now we can only draw the logical conclusion that the seectmen have no honor and are likely as corrupt as it appears Billy is.</p>Publiushttp://www.blogger.com/profile/04406749848254667739noreply@blogger.com2tag:blogger.com,1999:blog-7874347369787241443.post-78556704761665074912022-03-29T14:11:00.000-04:002022-03-29T14:11:05.401-04:00Baldwin had to meet Pennsylvania residency status while doing the same in Atkinson<p> Yes, the Eagle Tribune reported today that Selectman Baldwin Signed his PA offer of employment April 6, 2021 stating that the full time position would commence May 2021, from 8:30am to 4:30 pm Monday through Friday, from Police Headquarters. However the job would also involve, work on nights, holidays, and weekends at various times as well as attendance at Borough meetings. Billy also had to get a valid PA drivers license(meaning he had to relinquish his NH license, and provide two proofs of residency in PA. </p><p>When running for re election in Atkinson, Baldwin stated he resided in Atkinson full time.</p><p>The lies are inconsistent, and are being investigated by NH state officials.</p><p>Further , Middletown, PA. Mayor, Jim Curry told a news outlet that there were reasons for Baldwins termination beyond the DUI arrest. We await the thud of the other shoe.</p>Publiushttp://www.blogger.com/profile/04406749848254667739noreply@blogger.com3tag:blogger.com,1999:blog-7874347369787241443.post-69360949767592882892022-03-29T08:55:00.002-04:002022-03-29T08:55:33.431-04:00It appears Selectman Baldwin ran a Possibly illegal campaign for re-election<p> Here are the gory details;</p><p>Selectman Baldwin submitted his candidacy paperwork to run for the paid position of Selectman for the Town of Atkinson, NH. This paper requires residential domicile within the Town of Atkinson for the duration of the office. He signed this knowing full well he had been working and living for 8 months in a location 500 miles away from Atkinson. Thus potentially defrauding the Town.</p><p>In May of 2021, Billy accepted a full time salaried position as Public Safety Director in Mid Pennsylvania, at a salary of $112,000 per annum. This was not a temporary position as he led many in and around the Town Hall to believe when submitting his paperwork back in January. Oh no. Officials in PA thought they had a FT Director(read Chief of police). That is what they were paying for, or so they thought.</p><p>Flash forward 10 months, Billy wins re-election. He physically appears at the March 14, 2022, Selectmen's meeting to thank the town for their confidence in him. one of only 7 meetings he has physically attended since taking his full time job in Pennsylvania (That commute must be a b$%#h) On March 16, 2022 at approximately 9:43pm. Billy ran his truck off the road and into a tree, drunk. He blew almost double the legal limit. This incident happened in PA. 500 miles away from Atkinson. He was arrested, and charged. Last week his employers in PA. held a meeting and within 5 minutes voted to fire him, and appointed a replacement.</p><p>The problem is that while living and working 500 miles aay Billy knowingly mis represented his residency status here in Atkinson, in order to run for re-election. CLEARLY, someone who lives and works full time in Pennsylvania can not legally hold paid office in Atkinson. Actions like this with full knowledge are usually charged as fraud. How long would thi fraud be allowed to continue had he not, in a drunken stupor rammed his truck into a Pennsylvania tree?</p><p>Many of you will remember Billy's checkered past here in NH. After spending 2 years as a US Marine, he cross serviced to the US Coast Guard for another few years, then to the USCG reserve, from which he retired. (He likes to claim 10 years+ of service as a Marine, but that is nto quite accurate) After returning to Atkinson, he applied and was hired by the Atkinson PD. within 8 months Phil was promoting him to a Lt. position that the voters never created. </p><p>When called up to go to Kuwait(not Iraq as stated ad nauseum) Selectman Boyle generously offered for the Town to make up any loss in income between his town pay, and military pay, even advanced him $6,000 to bridge any gap. The town demanded Billy produce his military Leave and Earnings statement, in order to verify his pay. As any Veteran knows this is your monthly statement that verifies your pay and allowances. Billy chose not to comply. Instead he had his unit commander produce a "Commanders BASE PAY Letter". The problem is that when deployed your bas pay is about 40% your total pay. In support of Billy's attempt to lie about his pay, the most corrupt Chief in Atkinson's history repeatedly demanded the Town pay Billy $511/ week in supplemental pay, claiming that he and his family were suffering by the loss of over $2,000 in monthly income. That, too was a lie. In reality he was making $100 MORE being deployed than he did here in Atkinson. In essence Billy, with the assistance of Phil cravenly attempted to defraud the town of $25,000 over the year he would be deployed. </p><p>Many will remember many of the tales from Billy's tenure in neighboring police depts. Fired in Kingston after an alleged incident of him sleeping in his cruiser. Fired from Plaistow after an alleged incident of sex in a cruiser. And now this.</p><p>The question is; It appears his bosses in PA. acted appropriately by first suspending his pay immediately, then firing him. </p><p>WHY IS THE TOWN OF ATKINSON STILL PAYING HIM?? </p><p>WILL THE SELECTMEN DO THE RIGHT THING, AND REFER FRAUD CHARGES TO THE NH AG, or try to sweep it under the rug as usual?</p>Publiushttp://www.blogger.com/profile/04406749848254667739noreply@blogger.com1tag:blogger.com,1999:blog-7874347369787241443.post-77088377003745352662019-04-08T18:40:00.000-04:002019-04-08T18:40:44.681-04:00Ex-Atkinson police sergeant, D.A.R.E. officer facing trial on DWI, other charges for crash<div class="subscriber-preview" style="background-color: white; box-sizing: border-box; color: #333333; font-family: Roboto, sans-serif; font-size: 14px;">
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<span style="color: #333333; font-size: 14px;"> SALEM</span> -- After repeated delays, former Atkinson police sergeant and D.A.R.E. officer Nathan Lyons will face trial this month on driving while intoxicated and other charges related to a crash in Newton in 2017.</div>
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Lyons, 37, of Plaistow, will stand trial April 17 on charges of DWI, conduct after an accident, and reckless conduct.</div>
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The case was originally set for trial in Salem Circuit Court last June, but it was postponed. It was eventually rescheduled for Jan. 23, but was delayed again after prosecutors informed the court that Emily Deguio, the alleged victim in the case, would be out of state and unavailable to testify.</div>
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Lyons, who resigned from the police department in the wake of the charges, has pleaded not guilty.</div>
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In addition to his role as a sergeant, Lyons taught the Drug Abuse Resistance Education program to local students.</div>
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The case is being prosecuted by the Strafford County Attorney’s office.</div>
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The DWI charge alleges that Lyons was driving an Acura TSX on North Main Street in Newton on Nov. 21, 2017, while “under the influence of intoxicating liquor and/or controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, or any combination thereof, which impairs a person’s ability to drive.”</div>
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Newton police have said Lyons struck Deguio’s car, failed to stop, and continued driving until he hit a utility pole on North Main Street.</div>
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Police allege that he also drove his car recklessly on Amesbury Road by pulling in front of Deguio and attempting to have her crash into him by stopping short and not letting her pass by him.</div>
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Meanwhile, the New Hampshire Police Standards and Training Council sent a letter to the court last month requesting a copy of the final outcome of his case.</div>
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“Since Nathan J. Lyons is a certified officer with the state of New Hampshire, the matter of his arrest and/or conviction may involve action under state rules,” the letter said.</div>
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Unknownnoreply@blogger.com43tag:blogger.com,1999:blog-7874347369787241443.post-4621504784688793592019-04-04T07:20:00.000-04:002019-04-04T07:20:24.547-04:00Hampstead police officer sues AG and Derry for being put on a police 'blacklist'<h1 class="headline" itemprop="headline" style="background-color: white; box-sizing: border-box; color: #333333; font-family: FranklinITCProLight, "Helvetica Neue Light", "Helvetica Neue", Helvetica, Roboto, Arial, sans-serif; font-size: 24px; font-weight: 400; line-height: 1.1; margin: 0px;">
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<span style="box-sizing: border-box;">Lawyer: 'It's an affront to the American justice system that we have a 'Laurie List'</span></h2>
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<span style="color: #333333; font-size: 14px;">DERRY </span> — A Hampstead police officer is suing the New Hampshire Attorney General, the town of Derry and the Derry Police Department because of the “badge of infamy” he says he bears due to his placement on the “Laurie List,” according to the court filing at the Rockingham County Court.</div>
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Also known as the Exculpatory Evidence Schedule or EES, the list of about 260 police officers with potential credibility issues is compiled by the Attorney General with information supplied by New Hampshire police departments. </div>
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Bryan Lamontagne, 27, is suing to take his name off the list.</div>
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His name was added to the list about nine months after he was accused, then cleared, of cheating on a police academy test. Derry’s Police Chief Edward B. Garone wrote the email that added him to the list in December 2017.</div>
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Since then, Lamontagne has been fighting to remove his name from the list because of its damage to his career. In the lawsuit, he is also accusing the police department and the Attorney General of not abiding by due process when placing him on the list.</div>
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“It’s a blacklist,” said Lamontagne's lawyer Timothy J. Goulden.</div>
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“It’s an affront to the American justice system that we have a 'Laurie List,'” he added. </div>
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In March 2018, Goulden sent letters to the Derry Police Department and the Attorney General’s office asking that Lamontagne's name be taken off the list.</div>
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After a year, Lamontagne's name was still on the list, and February Goulden filed the lawsuit.</div>
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“The Attorney General’s office maintains the list and can remove names,” Goulden explained. “But ultimately it is the police chief from any town who puts an officer on the list.”</div>
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When asked about Lamontagne, Derry Town Administrator David Caron said the town has yet to be served the complaint, and could not comment on the case until it is served. Lamontagne has until April 6 to serve the town and the Attorney General’s office with the complaint.</div>
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The Attorney General compiles the Exculpatory Evidence Schedule as a list of current and former police officers who may have credibility problems in court. Officers on the list have been connected to a variety of actions, including falsifying records or evidence, perjury, use of excessive force or other acts deemed egregious abuses of power. Prosecutors must disclose this type of information to a defense attorney when an officer is called to testify.</div>
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“It is important to recognize that inclusion on the EES does not mean that an officer is necessarily untrustworthy or dishonest — and in many cases the designation on the EES will make clear there is no question of dishonesty," the Attorney General’s office describes in a memo to law enforcement officials dated March 21, 2017.</div>
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However, Goulden contends that the list has not lived up to its intentions.</div>
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“Prosecutors aren’t doing the work to check out their witnesses. It was designed to be a shortcut and it hasn’t been administered correctly,” Goulden said. “And when it’s not, it becomes a costly process to get your name removed.”</div>
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Senior Assistant Attorney General Geoffrey Ward, reiterated that the list is a tool for prosecutors meeting their Constitutional obligation.</div>
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“The point of all of this is meeting our Constitutional obligation to defendants,” Ward said.</div>
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Working in the criminal division, Ward could not comment on the case with Lamontagne, which will be handled through the civil division, he said.</div>
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<strong style="box-sizing: border-box;">Lamontagne’s dismissal</strong></div>
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According to court documents, Lamontagne was questioned on March 17, 2017, by a staffer from the police academy about a study guide he was given by a roommate that contained information about test questions.</div>
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“Lamontagne truthfully answered questions about the ‘study guide’ and reported the incident to Lt. Michaud at the Derry Police Department,” documents said. After disclosing what happened, he was subsequently dismissed, along with six other recruits, from the academy on March 21, 2017, and his employment with the Derry Police Department was terminated.</div>
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Lamontagne and his fellow classmates appealed their dismissals.</div>
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“All recruits were reinstated after the hearing,” court documents said. “The allegations of cheating were withdrawn, and the only substantiated allegation was possession of the unauthorized ‘study guide.’ The academy allowed Lamontagne to return to the police academy if he was a police officer. Chief Garone allowed Lamontagne to resign from the department and rescind the termination.”</div>
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On March 29, 2017, Lamontagne resigned from the Derry Police Department. In his settlement with the Police Standards and Training Council he was allowed to return apply for entry to the academy and would have to complete it again.</div>
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The following October he was hired by the Hampstead Police Department. During his background check there was no sign he was on the Exculpatory Evidence Schedule.</div>
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That’s because his name wasn’t added until Dec. 26, 2017 when Garone wrote a letter to the Attorney General, adding Lamontagne’s name to the list.</div>
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Citing Lamontagne’s dismissal from the academy, “the Derry Police did seek council from Patricia Conway, Rockingham County Attorney. RCA Conway in turn consulted with Senior Assistant Attorney General Lisa Woolford. We’ve received notice that both had concluded that Mr. Lamontagne’s name should be on the ‘EES’ list,” Garone wrote.</div>
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Lamontagne and the Hampstead Police Department were notified of Lamontagne’s placement on the list on Jan. 5, 2018. Since then he has been working to get his name off of the list.</div>
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<strong style="box-sizing: border-box;">The list’s history</strong></div>
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This list got its nickname the “Laurie List” because of a 1995 New Hampshire case, State v. Laurie, which strengthened the rights of defendants in criminal cases. The precedent for the prosecution disclosing this type of information dates back to the 1963 U.S. Supreme Court case Brady v. Maryland. It makes clear that prosecutors are constitutionally mandated to disclose a police officer's discipline to criminal defendants if it is considered exculpatory evidence – meaning that is favorable to the defendant – who could use it to impeach an officer’s testimony.</div>
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Currently there is lawsuit by the New Hampshire chapter of the American Civil Liberties Union and six New Hampshire news outlets to make the entire list public. Right now, the officers' names and the dates of the alleged incidents are blacked out on the public version of the document, which shows the names of the police departments and the types of infractions officers are associated with.</div>
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The lawsuit may become unnecessary if a bill submitted by state Rep. Paul Berch, D-Westmoreland, becomes law.</div>
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The House Judiciary Committee passed House Bill 155 out of committee unanimously with a bipartisan support. The bill seeks to make the Exculpatory Evidence Schedule a public document in its entirety. The House then passed the bill, and it is currently in committee in the Senate.</div>
Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7874347369787241443.post-69596966050995524892018-10-21T20:54:00.000-04:002018-10-21T20:54:33.439-04:00ACLU-NH, InDepthNH.org Fight To Release Secret List of Dishonest NH Police<h4 style="caret-color: rgb(51, 51, 51); color: #333333; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 21px; line-height: 1.3; margin: 0px 0px 24px; text-rendering: optimizeLegibility;">
By Nancy West, InDepthNH.org</h4>
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<strong>NASHUA</strong> – ACLU-NH and six news outlets <a href="http://indepthnh.org/wp-content/uploads/2018/10/FINAL-EES-CHAPTER-91-A-LAWSUIT-5.pdf" style="color: #00a652; text-decoration: none;">argued in court</a> Thursday that the list containing the names of 171 law enforcement officers with credibility problems should be public, while Solicitor General Daniel E. Will maintained it is confidential by law.</div>
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Will told Judge Charles S. Temple in Hillsborough Superior Court South that the list, formerly known as the Laurie list, should be kept secret because state law – RSA 105:13-b – requires police personnel files to be confidential, except when police discipline must be disclosed as evidence favorable to a defendant.</div>
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Gilles Bissonnette, ACLU-NH’s legal director, argued the public has a right to know the names of the 171 officers who have been disciplined for matters involving dishonesty and untruthfulness.</div>
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“We’re dealing with misconduct that goes to the heart of what a police officer’s job is, that officer’s trustworthiness, the character traits that go to the core of an officer’s job functions,” Bissonnette said.</div>
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Such misconduct includes lying, falsification of records or evidence, any criminal conduct, egregious dereliction of duty and excessive use of force, Bissonnette said.</div>
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“This is serious misconduct,” he said. “The law does not protect these officers with the benefit of confidentiality.”</div>
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Bissonnette told Judge Temple the list, which is now called the <a href="http://indepthnh.org/wp-content/uploads/2018/10/June12018-1.pdf" style="color: #00a652; text-decoration: none;">Exculpatory Evidence Schedule</a>, is not part of an officer’s personnel file, but a separate document not covered by the law mandating confidentiality.</div>
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Who is the department protecting under this policy? Bissonnette asked.</div>
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“It would include, for example, the two Manchester police officers that currently are under investigation and were subsequently terminated for soliciting sex from a suspect…” Bissonnette said. “The public interest in disclosure is high.”</div>
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Bissonnette, and the state’s top 1<span style="font-size: 12.830999374389648px; line-height: 0; position: relative; top: -0.5em; vertical-align: baseline;">st</span> Amendment lawyers, Gregory V. Sullivan and William Chapman, all argued to Judge Temple that RSA 105:13-b doesn’t apply in this case as Solicitor General Will insisted.</div>
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It is a separate document containing limited information about sustained police wrongdoing that is kept by the Attorney General’s Office. The police personnel file is kept by the officers’ employer, they argued.</div>
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“We think it clearly doesn’t apply to the (Exculpatory Evidence Schedule),” Bissonnette said.</div>
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<strong>Right-to-know lawsuit</strong></div>
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The ACLU-NH, the New Hampshire Center for Public Interest Journalism, the named plaintiff in the case which publishes InDepthNH.org, and five of the state’s biggest news organizations<a href="http://indepthnh.org/wp-content/uploads/2018/10/FINAL-EES-CHAPTER-91-A-LAWSUIT-5.pdf" style="color: #00a652; text-decoration: none;"> filed the lawsuit</a>. The Nashua Telegraph, the New Hampshire Union Leader, the Concord Monitor/Valley News, the Portsmouth Herald/Foster’s Daily Democrat, and the Keene Sentinel, also joined the suit. All were originally denied access to an unredacted list of officers.</div>
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The officers’ names were redacted in the<a href="http://indepthnh.org/wp-content/uploads/2018/10/June12018-1.pdf" style="color: #00a652; text-decoration: none;"> list</a> that was released, but most of the departments that employed the officer were included and a very brief description the wrongdoing. Some also stated the date the officer’s name was added to the list.</div>
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Concord attorney Chapman of Orr and Reno made clear why the news organizations and the ACLU-NH believe the names should be a matter of public information.</div>
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“Without knowing the names of the police officers on the<a href="http://indepthnh.org/wp-content/uploads/2018/07/June12018-1.pdf" style="color: #00a652; text-decoration: none;"> (Exculpatory Evidence Schedule) list</a>, there is no way the public can hold the police – whether the police department, whether it’s the county attorney, whether it’s the Department of Justice – is fulfilling their Brady obligation. Without knowing who the officers are, the public has no ability to do that,” Chapman said.</div>
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Chapman was referring to a prosecutor’s constitutional obligation under the 1963 U.S. Supreme Court decision Brady v. Maryland. It requires evidence that is favorable to a defendant, including discipline that could negatively affect an officer’s ability to testify truthfully, be disclosed to the defendant before trial.</div>
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Failure to disclose could mean reversing a conviction if discovered later on. A prosecutor who withholds such evidence could be disciplined as well.</div>
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New Hampshire’s secret police list has been controversial since the public first learned of its existence in 2012. Defense lawyers say there is no way to be sure the favorable evidence is turned over as required. Police argue, too, that their careers can be ruined by being arbitrarily placed on the list because defendants could use the information to impeach an officer’s testimony.</div>
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<strong>New protocols</strong></div>
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On April 30, Attorney General Gordon <a href="http://indepthnh.org/wp-content/uploads/2018/07/Additional-Guidance-Concerning-the-Exculpatory-Evidence-Schedule-3-1.pdf" style="color: #00a652; text-decoration: none;">MacDonald issued a memo</a> to clarify an update on EES that had been released March 17, 2017, by his predecessor, former Attorney General <a href="http://indepthnh.org/wp-content/uploads/2018/07/exculpatory-evidence-20170321-2-3-1.pdf" style="color: #00a652; text-decoration: none;">Joseph Foster</a>.</div>
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The Exculpatory Evidence Schedule after <a href="http://indepthnh.org/wp-content/uploads/2018/07/Additional-Guidance-Concerning-the-Exculpatory-Evidence-Schedule-3.pdf" style="color: #00a652; text-decoration: none;">MacDonald updated</a> the policy, is intended to alert prosecutors when testifying police officers have credibility, excessive force or mental health issues that resulted in discipline so they can disclose as required.</div>
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<strong>Sullivan’s take</strong></div>
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Attorney Sullivan, representing the New Hampshire Union Leader, said the state is basing its arguments favoring secrecy on the wrong statute.</div>
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“There is no law enforcement exemption in the right-to-know law,” Sullivan said.</div>
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Sullivan said the state Supreme Court recognized that in the Lodge v. Knowlton case and created a test to determine when law enforcement records should be made public.</div>
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Would release of the document interfere with law enforcement proceedings, deprive a person of a right to a fair trial, or constitute an unwarranted invasion of privacy, Sullivan asked. The answer is no in each case, he said, so the list should be public.</div>
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Sullivan went over the 10 sections in the state’s motion to dismiss the right-to-know lawsuit, taking note of the fact that the state based its argument for secrecy by claiming the list is part of the officer’s confidential personnel file.</div>
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“We’re not talking about a personnel file,” Sullivan said. “We’re talking about a separate government document, an (Exculpatory Evidence Schedule) list maintained by the Department of Justice.”<br />
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<strong>Solicitor General’s view</strong></div>
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Solicitor General Will said the reason the state Attorney General’s Office is involved in the case is simple.</div>
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“… the reason why we are having this dispute is because we are enforcing the current law,” Will said.</div>
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Will referred again to RSA 105:13-b claiming it clearly mandates the confidentiality of a police officer’s personnel file, except under Brady disclosure requirements.</div>
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“If the legislature had said, your honor, these police personnel files should be public, those files would be public,” Will said. “The legislature hasn’t said that.”</div>
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Instead, the legislature has made it clear – unequivocally and unambiguously – that police personnel files are strictly confidential except to discharge a prosecutor’s obligations to turn over favorable evidence to a criminal defendant, Will said.</div>
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The fact the list is located outside of the police personnel file makes no difference, Will said.</div>
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“The petitioners’ argument is best placed before the legislature,” Will said. “We’re here because our obligation, our job is to enforce the law as written.”</div>
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<strong>New information</strong></div>
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Senior Assistant Attorney General Geoffrey W.R. Ward said the list of 171 names isn’t necessarily what the new protocol calls for. Instead it is a work in progress since all of the departments haven’t yet been certified to the new MacDonald standards.</div>
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For the first time, the new protocol offers police officers an avenue to remove their names from the list if they believe they were wrongly added.</div>
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Ward explained that the policy is new and still in flux.</div>
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Some officers on the list may have been placed on the list by police chiefs who were erring on the side of caution and some may not have exhausted their right to challenge the placement as now required, he said. The new protocol requires an officer be given due process to remove his or her name before being added to the list.</div>
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There may still be officers who didn’t know they were on the list who come forward to challenge placement, Ward said.<br />
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Sullivan was concerned the process of seeking removal from the list will continue as long as there is a list and shouldn’t hinder the release of the names presently on the list.</div>
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“That process is going to go on ad infinitum,” Sullivan said, adding the lawsuit doesn’t seek the names of the officers who have already asked to be removed.</div>
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Judge Temple allowed for both sides to file written briefs and responses.</div>
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After the hearing, Ward said of the 246 towns and law enforcement agencies, there remain 78 agencies that haven’t been certified to the new protocols.<br />
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Unknownnoreply@blogger.com130tag:blogger.com,1999:blog-7874347369787241443.post-41403420724098736682018-02-22T07:10:00.000-05:002018-02-22T07:11:27.416-05:00BOE reverses January decision about Green complaint<h2 class="subhead" itemprop="alternativeHeadline" style="box-sizing: border-box; color: #333333; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 24px; font-weight: 400; line-height: 1.1; margin: 10px 100px 10px 0px;">
<span style="box-sizing: border-box;">Sends sends former school board member's objection to DOE</span></h2>
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PLAISTOW — The state Board of Education has reversed its previous decision ordering School Administrative Unit 55 to hold a hearing about a complaint by former Timberlane Regional School Board member Donna Green, and referred the complaint to the state Department of Education for further review.</div>
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Green said that she was relieved by the turn of events.</div>
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"I have an important complaint," Green said. "So far I've been through one procedural obstruction after another thanks to SAU 55's extravagant use of legal resources. I look forward to my complaint finally being examined on its merits now that the Department of Education is taking it under investigation."</div>
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Superintendent Earl Metzler said that he is confident the DOE will also dismiss the complaint.</div>
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"I would say this brings yet another political stunt to end by Donna Green with the same result," said Metzler. "She wastes time and money for her own political resume. This was nothing more than a lame attempt to obstruct the work of the SAU."</div>
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The complaint process began in July 2017, when Green asked the BOE for a hearing about her complaint against SAU 55 — which encompasses the Hampstead and Timberlane school districts and shares a superintendent — claiming that the SAU violated state law in regards to setting salaries for employees.</div>
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Specifically, Green questioned the legality of the June hiring of Business Operations Coordinator Thomas Geary, arguing that the SAU 55 board did not set Geary's salary, as is required by state law. </div>
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Because this issue was not discussed at the local level first, the BOE dismissed Green's initial request for a hearing until the SAU 55 board could hold a hearing.</div>
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During the Oct. 4 SAU board meeting, the board discussed and dismissed Green's request for a hearing, which then prompted Green to file a new request with the BOE.</div>
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The SAU's attorney followed by filing a motion to dismiss the complaint, citing a lack of jurisdiction.</div>
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While the state hearing office recommended that the BOE dismiss the case because of jurisdiction, at their Jan. 11 meeting, the BOE decided to hear the case and ordered the SAU to hold a full fact-finding hearing on the issue.</div>
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The SAU then filed an appeal with the state.</div>
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On Feb. 14, the BOE rescinded its decision about the SAU hearing, and referred Green's complaint to the DOE for further review and investigation.</div>
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Metzler said the SAU attorney is following up with the DOE to understand the next steps and how to file an appeal.</div>
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Unknownnoreply@blogger.com221tag:blogger.com,1999:blog-7874347369787241443.post-13958688356415251932018-01-21T14:39:00.000-05:002018-01-21T14:39:06.451-05:00Search for solution in Timberlane default budget disagreement<h2 class="subhead" itemprop="alternativeHeadline" style="box-sizing: border-box; font-family: 'helvetica neue', helvetica, arial, sans-serif; font-size: 24px; font-weight: 400; line-height: 1.1; margin: 10px 100px 10px 0px;">
<span style="box-sizing: border-box;"><i>Metzler says he will provide school board with documents outlining legal obligations for special education</i></span></h2>
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<li style="box-sizing: border-box; display: inline-block; padding-left: 5px; padding-right: 5px;"><span class="asset-byline" data-original-title="" id="author-popup-dfd2132a-5a9a-11e7-95ed-cb9441a61c37-asset-94cd39fc-08e8-55a0-b022-bf5dcf3312c4" itemprop="author" rel="popover" style="box-sizing: border-box;" title=""><a href="https://www.eagletribune.com/users/profile/KristenGiddings" style="box-sizing: border-box; text-decoration: none;">By Kristen Giddings kgiddings@eagletribune.com</a></span></li>
<li style="box-sizing: border-box; display: inline-block; padding-left: 5px; padding-right: 5px;"><time class="asset-date text-muted" datetime="2018-01-19T18:18:50-05:00" style="box-sizing: border-box;">Jan 19, 2018</time></li>
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<i>PLAISTOW — Members of the Timberlane Regional School Board and the administration disagree over the financial obligations of the district, causing concerns that 2018-19 default budget would lead to deficits or legal issues. </i></div>
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<i>The $71.3 default budget — approved by the school board in a 5-4 vote — budgeted $9.3 million for special education and $3.1 million for student transportation. In a draft of the default budget created by Timberlane Business Administrator Geoffrey Dowd, the district budgeted $9.9 million for special education and over $3.6 million for transportation.</i></div>
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<i>According to state law, a default budget — which comes into play if voters reject the district's proposed budget — equals the amount of the operating budget from the previous year, plus any increases from contracts or legal obligations and minus any one-time costs. </i></div>
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<i>However, the district and some school board members disagree about those legal obligations and one-time costs, meaning there is a $2 million difference between their budgets.</i></div>
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<i>Superintendent Earl Metzler and Dowd argue that the default budget underfunded both student transportation and special education, which would have major negative impacts on the district. Because the district is required to fulfill all special education needs and provide adequate transportation for students, if those lines in the default budget do not increase, the district would be forced to pull funds from other areas in the budget.</i></div>
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<i>Disagreeing with the administration, School Board Chairman Brian Boyle said he is confident all aspects of the default budget were created legally and properly. He said that he spoke with four different New Hampshire lawyers to confirm the default budget is in compliance with the appropriate RSAs.</i></div>
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<i>"We followed that process right to the letter of the law," said Boyle. "I take the duty and responsibility of chairman of the school board very seriously."</i></div>
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<i>Boyle explained exactly how the default budget follows the law. </i></div>
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<i>For transportation, the default budget shows level funding because there is currently no new contract approved. Once the district accepts and approves a new bus contract, the student transportation line in the default budget will be adjusted to reflect the increase of the new contract.</i></div>
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<i>Boyle also told the Tribune that the school board has not received any documents from the district that demonstrate a contract or legal obligations for special education that amount to the increase outlined in the district's original draft of the default budget. Therefore, without a contract or proof of legal obligations, the school board cannot legally increase the special education line of the default budget.</i></div>
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<i>"Our hands are tied in the terms of how the default budget is calculated," said Boyle.</i></div>
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<i>However, Metzler said the legal obligations for the district to meet Individualized Educational Plans and special education needs are very real and the district is prepared to justify and show all legal obligations.</i></div>
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<i>"We will provide Chairman Boyle with whatever documentation we can legally provide so that the default budget is both accurate and legal," said Metzler.</i></div>
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<i>He added, "We will go line by line and justify every single expense."</i></div>
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<i>Metzler said he spoke with Boyle Friday morning following the lengthy school board meeting Thursday night, and he said the two — alongside Dowd — hope to meet early next week to clarify the districts legal obligations for special education spending.</i></div>
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<i>"My goal is to have the business administrator, the superintendent, and the chair all in agreement so that I can support the default budget," said Metzler.</i></div>
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<i>Boyle said for the special education line in the default to change, the information provided from the district, "has to be monetary and has to be contractual."</i></div>
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<i>"We will clearly honor all contractual obligations of the district," said Boyle.</i></div>
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<i>The school board is slated to join the budget committee next Thursday at their supplemental public hearing to discuss the proposed operating budget and all monetary warrant articles.</i></div>
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<i>The hearing is to be held Thursday, Jan. 25 at the Timberlane Performing Arts Center at 7 p.m..</i></div>
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<i>While the hearing is hosted by the budget committee, the school board will also be joining the committee on stage at the PAC to give a short presentation about the default budget and answer any questions from residents.</i></div>
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Unknownnoreply@blogger.com26tag:blogger.com,1999:blog-7874347369787241443.post-49932330337821452732017-03-30T07:48:00.001-04:002017-03-30T07:48:29.000-04:00Grosky named Selectmen Chair<span itemprop="author">By Nicholas Golden </span><br />
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ATKINSON — The Atkinson Board of Selectmen voted unanimously to name Selectman Jason Grosky the new chairman of the board Monday night, replacing the recently reelected Harold Morse.<br />
Although Grosky is entering the last year of his first term on the board, it’s not the Salem prosecutor’s first rodeo in a chairman’s seat.<br />
He served as Timberlane Regional School Budget Committee Chairman in 2014.<br />
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“I’m honored that my colleagues gave me the opportunity and trusted me in doing this,” Grosky said when reached for comment. “That was very kind of them.”<br />
“Before becoming a selectman, I was chairman on the school budget committee over at Timberlane, which, at different points in time, can have significant upheaval,” he said, noting that he had learned a great deal on the committee.<br />
Selectman Phil Consentino, reelected vice chairman, said he had been slated to become chairman this year, but recused himself from the role for health reasons.<br />
“I turned it down because of my health,” Consentino said. “And I let Grosky take chairman.”<br />
When asked to clarify about his health, Consentino explained that he did not want to leave the board short if he were to be indisposed by illness.<br />
Grosky explained that he does not see a big difference in power between the chairman and the rest of the board.<br />
“The chairman has no more power than any individual member has,” Grosky said, adding that the difference is that he and the town administrator set agendas for each meeting.<br />
“My vote is 20 percent and it is no greater than that or less than that, whether I’m chairman or not,” he said.<br />
He sees the next year as a continuation of providing services with an eye towards keeping costs down.<br />
“As far as the next year, it’s a lot of the same issues that you deal with in town government, trying to make sure that you’re providing the services that your neighbors need, that you’re doing so at a reasonable cost,” Grosky explained.<br />
“Atkinson is known to have a very low tax rate, despite being a community that has very little business base, and that’s definitely our target.”<br />
As to what projects Grosky thinks the board will tackle during his year-long tenure, he pointed to long-running issues facing Atkinson, including adding a cell tower and studying the police station.<br />
“The building of a new cellphone tower at the highest point in town ... that hasn’t been resolved yet,” he said, adding that the access road, High Hill Road, poses problems related to repair and ownership.<br />
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“The Atkinson Police Department is in an old, almost one-room school house if you will — it’s nowhere near a modern police station,” Grosky said.<br />
“So those discussions have just started, as to what the needs are going forward,” he added, saying that the time frame is years, rather than months, on big changes.<br />
The headliner event for the year, he noted, has to be this summer’s celebrations for the town’s 250th birthday.<br />
“We’re going to have a great celebration — if there is a headliner for this year it would be that,” Grosky said.<br />
Town Administrator Alan Phair, who works closely with each chairman, said that Grosky will bring new energy to the board.<br />
“I think he’s a bright young man and I think that he’ll bring a lot of energy to the board, not that we haven’t had it in the past, because I thought that (former) chairman Morse did a very good job,” Phair said.<br />
“(Grosky) has got a good background, so I think he’ll do well,” he added.<br />
Grosky himself feels that the opportunity is a good book end to his first term as selectman.<br />
“This is a nice way to wrap up this first full term,” Grosky said.Unknownnoreply@blogger.com125tag:blogger.com,1999:blog-7874347369787241443.post-89449746794880825762017-03-12T15:19:00.001-04:002017-03-12T15:19:32.994-04:00Really NH????<div id="story-content" style="background-color: white; box-sizing: border-box; color: #130f30; font-family: "Roboto Slab", "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 16px; line-height: 1.4em; margin: 0px 0px 20px; padding: 0px;">
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<span style="box-sizing: border-box; font-weight: 700;">Bride, 13, was divorced in 4 months</span></h1>
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By SHAWNE K. WICKHAM<br />
New Hampshire Sunday News</div>
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Four months after a judge gave permission for a 17-year-old Newmarket boy to marry his 13-year-old pregnant girlfriend, the girl was back in court - seeking a divorce.<br />
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The teens had told the court their religious beliefs compelled them to marry after they found out she was pregnant.<br />
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"We are 6-months pregnant, and it is important to us that the baby is born to a set of married parents, as we have been taught by our Southern Baptist church home," they wrote in a marriage petition filed on April 11, 2013, in Dover.<br />
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"We know we are young, but with the support of our parents and the congregation, we are committed to bringing our son into a loving and healthy environment."<br />
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A state law dating back to 1907 allows girls as young as 13 and boys as young as 14 to marry, with permission of a parent or guardian and approval by the family court.<br />
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That remains the law of the land after the House on Thursday effectively killed a bill that would have raised the minimum age for marriage to 18 and eliminated the court review process.<br />
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According to state vital records, courts have allowed 810 minors to marry here since 1989. The 13-year-old bride in 2013 is the youngest person granted permission during that period.<br />
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A judge from the 7th Circuit Court family division agreed to allow the marriage after a 30-minute hearing on April 24, 2013, in Dover, where the teens appeared with both of their mothers.<br />
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In her May 8, 2013, order, Justice Susan Ashley clearly had misgivings. "The initial thought of a 13-year-old getting married weighs heavily against granting this marriage petition," she wrote. "Nevertheless, this very idea is clearly contemplated, and allowable, by the ... statutes."<br />
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Ashley noted that the family court only sees the unsuccessful marriages. "To be frank, this court could imagine protecting (the teenagers) from the emotional havoc from 'marrying too young.' Yet, the court also knows all too well that such havoc may ensue whether or not (they) marry each other," she wrote.<br />
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Ashley said "trying to protect and guide these two young people is simply not the job of this court; it is the job of their parents."<br />
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All four parents had given permission for the teens to marry, she noted, and she cited their "desire to act in accordance with the tenets of their religious instruction" for her decision.<br />
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At the hearing, the couple "spoke of their Christian beliefs, which prompt them to take responsibility for their actions and do what is best for their child," the judge wrote. "They believe that their child should be born to married parents, as a symbol of their commitment to each other and their child."<br />
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The couple's baby boy was born on Aug. 3, 2013, according to court documents.<br />
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On Sept. 20, the girl, who had turned 14, filed a petition for divorce, citing "infidelity and domestic abuse" as the cause. The following January, she filed a motion to amend the petition, changing the cause to "irreconcible differences" (sic).<br />
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The divorce was granted on Jan. 9, 2014.<br />
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Efforts to reach the teenagers and their parents last week were unsuccessful.<br />
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Judge Edwin Kelly, administrative judge of the circuit court, said the judge's order in the 2013 case makes it clear she was concerned about the girl's young age.<br />
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But, he said, "it's pretty hard to say no when you've got a statute staring you in the face saying yes.<br />
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"Despite the fact it is 100 years old, it wasn't changed on the date that this case was heard. A statute in most cases will create a presumption that it's OK."<br />
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Rep. Jacalyn Cilley, D-Barrington, was the prime sponsor of House Bill 499, which would have raised the legal age of marriage to 18. She said the House vote to "indefinitely postpone" the bill last week was "devastatingly disappointing."<br />
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Her original bill would have raised the marriage age to 18, but allowed teens aged 16 or 17 to petition for court approval. The House Children and Family Law Committee amended it to remove the judicial review, and voted 11-0 to recommend it "ought to pass."<br />
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On Thursday, however, five members of that committee, including its chairman, Kimberly Rice, R-Hudson, and vice chairman, Daniel Itse, R-Fremont, voted to indefinitely postpone the bill.<br />
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Opponents argued that such a law would prevent young service members from marrying their teenage sweethearts before deployment, depriving them of family benefits.<br />
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The motion to postpone passed 179-168.<br />
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Watching from the House gallery on Thursday was Cassandra Levesque, a 17-year-old senior at Dover High School.<br />
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She began researching the effects of child marriage two years ago as part of her work on advocacy for her Gold Award, the highest award in Girl Scouting. It was Levesque who approached Cilley about sponsoring the legislation; she also testified before the committee.<br />
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After the House limited debate on the bill and then voted to kill it, Levesque said, she was "a little bit discouraged."<br />
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"But then I took a breather and said, I'm not going to give up. I'm going to keep fighting for this bill and this cause," she said.<br />
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Levesque said the argument that it would harm military members isn't accurate. "I'm from a military family," she said. "Getting married, when you're in the military, that young is not a good start."<br />
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Changing the marriage age is a policy matter that is up to the Legislature, Judge Kelly said, noting the current law "is pretty wide open."<br />
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But here's his perspective: "On the one hand, if you were to ask people what's the youngest age at which someone should get married, I doubt they would say 13 and 14."<br />
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However, he said, "I do think whatever system we have ought to maintain flexibility for special circumstances and put someone who is neutral in the middle to make that determination, which is the role of the court."<br />
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Cilley said she won't give up on changing the law, but the House vote to indefinitely postpone means it cannot take up similar legislation for two years.<br />
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"That drove a stake through the heart of this bill," she said.</div>
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Unknownnoreply@blogger.com10tag:blogger.com,1999:blog-7874347369787241443.post-89797029729594421342016-10-18T13:56:00.000-04:002016-10-18T17:06:08.040-04:00HONOR, INTEGRITY, AND CONFLICTS OF INTERESTPlease accept the following Article submission, Sincerely Mark R. Acciard<br />
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HONOR, INTEGRITY, AND CONFLICTS OF INTEREST<br />
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"Public officials must act with a higher standard for avoiding
the appearance of impropriety, as a condition of the public trust
bestowed upon them"- Mark Acciard, May 5, 2005.<br />
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Mr. Metzler has been the main cheerleader for a new reading
program to help kids improve their reading comprehension with
informational texts. This program is proffered by a company called
Achieve 3000. A Company Mr. Metzler's wife just happens to work
for. She is in charge of "program implementation"for the Northeast
region for Achieve
3000, and has been working with them for over a year.
Coincidently, the very same year that her husband has been pushing
the district to spend $167,000 on this very program. Monies that
were not appropriated for this purpose we might add. Also, this
$167,000 represents a 50% discount of the total cost of the program for
it's first two years.<br />
<br />
<br />
It appears that Ms. Metzler began working for Achieve 3000 in or
around Sept. 2015. Strictly coincidently we are certain, Mr.
Metzler began pushing their reading program in Sept. of 2015. It
was first mentioned at the meeting of the curriculum and
assessment committee on Sept. 22. Subsequent minutes revealed that
this was
recommended by Mr. Metzler. The curriculum and assessment
committee decided to adopt a pilot
program to assess the students, and to
begin training teachers to use it. Mind you, no presentation to
the school board. No decision to buy the program. No appropriation
of funds for it. And perhaps even more outrageous in the
underhanded means in which this program was foisted upon the
taxpayers, This was happening during the budget season, and no
mention of this program was made to the budget committee, nor was
a request for appropriation made to purchase or implement this
program made. It should be noted that the "pilot program" is
actually the initial implementation of Achieve 3000. It gathers the
student assessment and base level data, trains teachers to use it,
establishes the website, and assigned reading for each lexile level. The
only thing missing IS BUYING THE PROGRAM THE DISTRICT IS ALREADY
IMPLEMENTING!<br />
<br />
<br />
At the curriculum and assessment committee meeting on February
16, 2016, it was reported that the assessment of students had been
completed, teachers trained, and the program proceeding. STILL no
mention to the school board, no vote to purchase the program, no
vote to implement the program, no monies appropriated for it, and
no disclosure of Ms. Metzler's role in the company.<br />
<br />
At the curriculum and assessment committee meeting Sept. 6, 2016
the ball really began rolling, They reviewed progress to date, and
Mr. Bealo(also chair of the school board, although he had yet to
mention this program to them) made the motion to vote to present
this program to the school board, at their Sept. 15, 2016
meeting. It was also revealed that Achieve 3000 had provided to
the district a phonics program, SmartyAntz, as an additional
incentive for "agreeing to purchase" the reading program. NOTE, as
of this time there had been NO presentation to the school board.
NO vote to buy the program. NO appropriation of monies to buy the
program. and NO disclosure of Ms. Metzler's unique role in this
debacle. Tell us, Mr. Bealo, who "AGREED" to purchase Achieve 3000 at that point? You?<br />
<br />
<br />
The Sept. 15, 2016 school board meeting showed a high pressure
sales presentation that was not presented as a sales pitch but as
a fait accompli. It was presented WITH MR. METZLER'S ACTIVE HELP
AND COERCION, as if the decision to purchase had already been
made. The usual board bobble heads made the usual bleats about the
wonder of this incredible program, the usual representatives of
the taxpayers raised the usual questions about the process, only
to be shot down, as usual, by the entrenched purveyors of the
status quo.<br />
<br />
<br />
Now, the PROPER course of action, would have been for Metzler to
plainly, and publicly state; "In full disclosure, my wife is employed by
this vendor, Achieve 3000, and therefore I will be recusing myself and
not participating in the discussion of this program" But that would have
required a sense of honor and integrity evidently missing from the
gentleman in question.<br />
<br />
<br />
And, as usual, the school board, Mr. Metzler, and the SAU also
ignored their own policies, to advance their own personal agendas.
The school board has a policy governing curriculae adoption, the
salient portion of which reads as follows;<br />
<br />
<br />
<div>
<i>"The School Board will support efforts to investigate new
curricular ideas, develop and improve programs, and evaluate
results through appropriation of funds for specific curriculum
development proposals approved by the School Board. The
Superintendent will make recommendations to the Board regarding
the specific level of funding for approved proposals.</i></div>
<i>The School Board will review all curricula developed and written
by the professional staff in the schools. <b>No basic course of
study shall be eliminated or new courses added without approval
of the Board, nor shall any significant alteration or reduction
of a course of study be made without Board approval. No action
will be taken on proposed changes by the Board until the meeting
following the presentation by the administration so that Board
members may have the opportunity to review the proposed program."
</b></i>Note the emboldened passage.<br />
<br />
<br />
Further Mr. Metzler never disclosed his family's relationship this vendor. Now OF COURSE, the SAU lacks an ethics, or
conflict of interest policy like most government bodies have,
which allows corrupt administrators to act with appalling abandon
to theirs and their families interestss. It is high time to
correct this problem.<br />
<br />
Justice Louis Brandeis was correct; Sunlight is the best
disinfectant. It is high time for the district, INCLUDING THE SAU,
to have a stringent conflicts of interest ordinance. It is high
time for the secrecy, and refusal to produce public information to
stop. It is time for Mr. Metzler to understand that his bosses
are the school board and their bosses are the taxpayers.Unknownnoreply@blogger.com179tag:blogger.com,1999:blog-7874347369787241443.post-60936678942240894002016-08-12T18:54:00.002-04:002016-08-16T20:52:12.720-04:00Mr. Groski, my the hypocrisy is strong with this one.For those who did not know, Selectman Groski is running for County attorney. Given this office's history of ethically challenged opportunists, who do not give two shits about justice, He should fit in splendidly.<br />
<br />However, Mr. Groski penned a LTTE to the Carriage Towne News this week criticizing his opponent Pat Conway. He did so NOT by criticizing her actions, performance of duties, or any other such honorable method of discourse, NO, he chose to criticize her for the actions of her deputy. THEN, he devoted an inordinate amount of space to the derision of Laurie list cops, evidently the husband of Ms. Conway is on this list, but that did not stop him from using this to smear Ms. Conway. What this has to do with her job performance no one knows other than the mudslinger himself.<br />
<br />It falls to this blog to remind Mr. Groski of a few points, YOU EMPLOY A LAURIE LIST COP YOURSELF! Detective Nick Fiset. Nicky baby is apparently so dishonest that the County Prosecutor Jill Cook, did not even attempt to call him as a witness to a case in which he is the chief investigating officer. Have you ever heard of a criminal case in which the investigating officer does not testify as to his methods and findings? What makes this worse is that it is believed that this officer fabricated a case against a resident, and has dragged it out for 20 months without trial. Mr. Groski, this is under YOUR alleged leadership.<br />
<br />You further decry the settlement expenses involved in civil litigation against the County Attorney's office, $80,000, Right Jason? But you are a staunch defender of your fellow Selectmen Phil Consentino, who just, what, two to three years ago cost this town and it's insurers $100,000 pursuant to a sexual harassment complaint? And this was just the latest expense in his storied career of bullying, harassing, and oppression, and the resulting litigation. His career has cost this town and it's insurers hundreds of thousands of dollars, if not over a million. No comment about that, right Jason?<br />
<br />You criticize Pat Conway, because the Judge had harsh words for HER DEPUTY. Words like; " “single-minded, zealous advocacy (that) clouded her higher duty to honor the defendant’s constitutional rights.”" But, Jason, Buddy, you defend Phil, about whom the following comments were made; "cease and desist" "bullying, harassing and intimidating his employees" by the NHPELRB. or "It is difficult for the Court to believe Mr. Consentino did not understand the terms of it's May 10, 2005 Order. Mr. Consentino testified that his attorney explained the Order to him" Rockingham Superior Court Judge McHugh, in his Contempt Order. From the same Order; "From the Defendant's demeanor, it is clear that he believes that because he was elected selectman he can do or say anything" "Apparently he concludes this entitles him to consider Atkinson "his town"". Because the Court finds that Philip Consentino has wilfully violated its order the Court grants the Plaintiffs motion for Contempt." THIS is what you defend.<br />
<br />Tell me Jason, you had no problem with the conflict of interest inherent in your wife's hiring as a consultant to TRSD. You have actively participated in town business meetings that violated RSA 91A. When this was pointed out, you defended the boards actions, obfuscating the issue, and refusing to address the simple legal requirements of going into a non public meeting. Hardly honorable.<br />You even attempted to use your standing as an attorney to give undue weight to yours and the boards wrongheaded theory that they enjoyed some authority over the Conflict of interest committee. Try reading the law, Jason, before you attempt to twist it.<br />
<br />Remembering these perfidities, and balancing them against your sanctimonious LTTE, reminds me of the parable about those who live in glass houses, throwing stones.Unknownnoreply@blogger.com255tag:blogger.com,1999:blog-7874347369787241443.post-44290793456483924362016-06-10T13:31:00.000-04:002016-06-10T13:31:42.154-04:00Nun accused in hit and run hopes to move on<h1 class="title" style="background-color: white; box-sizing: border-box; color: #130f30; font-family: Roboto, 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 17px; line-height: 1.4; margin: 0px 0px 5px; padding: 0px;">
<span style="font-family: Tahoma, sans-serif; font-size: 14px; line-height: 1.6em;">By JASON SCHREIBER</span></h1>
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Union Leader Correspondent</div>
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<br style="box-sizing: border-box;" />PLAISTOW — Sister Rachel Dumont is trying to put the stress of the last several months behind her.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />The 84-year-old Atkinson nun, who has been at the center of a criminal hit-and-run case, is hoping to move forward and continue her volunteer work.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />“I want peace of mind,” she said Thursday.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Dumont, who’s been a nun for the last 65 years, was charged with conduct after an accident in February after Plaistow police investigated a report of hit-and-run accident outside the Kohl’s department store last Dec. 16.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />She pleaded no contest to the violation-level offense last month, meaning she neither admitted nor denied guilt. A judge then found her guilty and fined her $250, which was suspended.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Despite the finding, Dumont maintains her innocence.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />“I was not involved in that. I didn’t hit anybody,” said Dumont, who taught in Catholic schools in New Hampshire and several other states for more than 50 years.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Police have said their investigation showed Dumont backed her car out in the parking lot and hit another vehicle that was parked. Dumont was then accused of leaving the scene before she and the driver of the other vehicle could exchange information.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Dumont insists she wasn’t parked in the area where the accident happened and had no damage to her car to suggest it was involved.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Her defense lawyer, Skip Campbell, said he believes the case would have resulted in a not-guilty verdict had it gone to trial.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />The misdemeanor conduct after an accident charge was reduced to a violation. Pleading no contest and avoiding a trial was a move to get the case out of the court system, according to Campbell.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Dumont and Campbell also claimed that she was treated unfairly by Plaistow police with some of the questioning, and was viewed as uncooperative when she was interviewed at the police station.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Dumont said she has faced harassment from police and the public, especially after her arrest was publicized in February.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />“Being a nun and believing that God allows all things to happen, I figured there was a good reason for it. I never knew the reason, but I accepted it. Emotionally I was upset, but spiritually I was all right. I just want to put it behind me,” she said.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Police Chief Kathleen Jones insists that police didn’t mistreat Dumont and that she wasn’t harassed.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />“I stand by the actions of my officer. There was no inappropriate behavior or conduct. We felt Sister Rachel was treated appropriately during the investigation and subsequent arrest,” Jones said.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />She said she understands that it was a difficult situation. However, she said, “we did have a victim in this matter. We needed to conduct a thorough investigation.”<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Dumont’s good friend, Pauline Labbe, said she believes the sister wasn’t responsible for the accident.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />“It’s been a nightmare. I’ve been trying so hard to clear her name,” she said.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />Dumont is now trying to keep focused on helping others. She said she takes those in need of help to doctor’s appointments, the grocery store and on other errands. She said she’s helped the sick, volunteered at the Pregnancy Care Center in Haverhill, Mass., walked for several different causes over the years and been involved in other charity work.<br style="box-sizing: border-box;" /><br style="box-sizing: border-box;" />“I do it out of the love of my heart,” she said.</div>
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<br />Unknownnoreply@blogger.com189tag:blogger.com,1999:blog-7874347369787241443.post-51417464973666663612016-05-26T08:44:00.004-04:002016-05-26T08:44:55.094-04:00Timberlane pays $95k to settle 1st amendment suitBy Breanna Edelstein<br />
<br />
PLAISTOW — A $95,000 settlement has been reached between Timberlane Superintendent Earl Metzler, the school district and Carolyn Morse, a Timberlane Regional High School Spanish teacher, following a lawsuit that cited First Amendment rights violations.<br />
<br />
It was a year ago when Morse filed a complaint, saying the district wrongfully punished her for a comment she posted on Facebook.<br />
<br />
The comment referred to foreign language consultant Elizabeth Metzler, the superintendent's wife, when high school teachers were asked to tutor a kindergarten teacher in Spanish.<br />
<br />
"Shouldn't this be the job of the consultant and not paying us additional money that comes from the (school administrative unit)," she wrote on Facebook.<br />
<br />
The complaint said Metzler reacted by starting an investigation, threatening Morse with dismissal via the School Board, and coaxing her into waiving her rights to a School Board hearing.<br />
<br />
She was also stripped of her position as the coordinator for the world languages department, which came with a $3,500 stipend.<br />
<br />
According to the school district's ethics policy, "all employees of the district are expected to maintain high standards in their conduct both on and off duty."<br />
<br />
When asked about the situation a year ago, the superintendent said all employees are expected to follow the rules, and anyone using social media inappropriately would be held accountable.<br />
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But Morse's lawyer, Jon Meyers of Backus, Meyer & Branch, said at the time that the discipline went too far, and the district's policy cannot supersede the First Amendment.<br />
Terms of a settlement agreement, sent to Metzler on April 28 from Primex, an insurance company, explained the details of Morse's impending compensation.<br />
<br />
For compensatory damages, lost wages and medical expense reimbursement, Morse will receive $36,000 — $30,000, $4,500 and $1,500 respectively.<br />
<br />
Morse's attorneys will be compensated $59,000.<br />
<br />
A statement released with the settlement said "the Timberlane Regional School District honors the rights of its employees guaranteed by the Constitution to express themselves in their private lives on matters of public concern except in instances where that speech is unprotected."<br />
<br />
The discipline imposed on Morse was rescinded.<br />
<br />
"To the extent that discipline was perceived as an infringement of her rights, it was not intended as such but rather was intended to protect the privacy rights of District employees," the statement said.<br />
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Metzler and Morse both declined comment Wednesday.Unknownnoreply@blogger.com37tag:blogger.com,1999:blog-7874347369787241443.post-58684570188608463442016-05-26T08:41:00.002-04:002016-05-26T08:41:58.328-04:00Marijuana charges against Atkinson man set aside By Kiera Blessing <br />
<br />
BRENTWOOD — An Atkinson man accused of growing more than 7 pounds of marijuana in his home will not be convicted of the crime.<br />
<br />
Robert Zdrada, and the state settled on a diversion agreement in Rockingham Superior Court Tuesday, in which Zdrada will not be convicted of any felony charge in exchange for completing 100 hours of community service. His criminal record will remain clean.<br />
<br />
"It certainly is a relief because this has been very stressful," Zdrada told The Eagle-Tribune following the hearing. "I've probably lost another 10, 12 pounds because of it and it will take me over a year to try to get that back."<br />
<br />
Zdrada and his wife Valerie were arrested Oct. 19 and charged with one count each of cultivating marijuana and possession with intent to distribute. All charges against Valerie and the distribution charge against Robert were later dropped after their lawyer, Alan Cronheim, showed the court that Zdrada suffers from cancer and was growing the drug for medicinal purposes.<br />
<br />
"We're happy that it's done," Zdrada said. "I'm most happy that Val is out of the picture on this — she never had anything to do with the drugs."<br />
<br />
Though medical marijuana was legalized in New Hampshire in 2013, the first dispensary in the state did not open until last month. The state only began distributing medical identification cards late last year; Zdrada received his in January.<br />
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While free on personal recognizance bail, Judge Sharon DeVries of Plaistow ruled that Zdrada was permitted to use medical marijuana with his identification card as long as it was a part of his treatment plan discussed with a doctor.<br />
<br />
Tuesday, Zdrada appeared with Cronheim in superior court for a plea and sentencing hearing. In exchange for making the diversion agreement with the state, Zdrada waived his right to trial. If he were to default on the terms of the deal, he would be sentenced to 12 months in jail suspended for one year.<br />
<br />
Zdrada will also have to pay a $50 per month fee for one year while he completes the community service requirement.<br />
<br />
It's early in his treatment plan, but Zdrada said the medical cannabis has been helpful. He told Judge David Anderson that he "deal(s) with a lot of pain" and "every day is a struggle."<br />
<br />
"Right now, it's try," he said of using medical marijuana.<br />
<br />
"It has been heart breaking watching my husband suffer with cancer issues during this most difficult time," Valerie Zdrada said in an email Tuesday. "I would like to thank all of the compassionate people in the community who have reached out and supported him."Unknownnoreply@blogger.com18tag:blogger.com,1999:blog-7874347369787241443.post-89626799198037778462016-05-21T12:08:00.000-04:002016-05-21T12:08:20.755-04:00Congratulations SRHS class of 2016!!!May you enjoy a lifetime of benefits from attaining this goal.<br />
<br />
<br />Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7874347369787241443.post-66030218058062744402016-05-05T08:40:00.002-04:002016-05-05T08:41:01.111-04:00Hearing to remove Salem Selectman canceledBy Kiera Blessing - Eagle Tribune<br />
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<span style="font-family: "calibri";">BRENTWOOD — A hearing scheduled to decide the fate of Salem
Selectman Stephen Campbell was canceled Wednesday after a series of
closed-door conversations.<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: "calibri";">Campbell left Rockingham Superior Court with his
lawyer, who declined to comment on why the hearing did not occur.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">On March 29, Salem selectmen voted 4-1 to ask the court to
remove Campbell from the board. <o:p></o:p></span></div>
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<span style="font-family: "calibri";">Earlier that month, Robert Morin, a police captain and head
of the Salem Public Administrators Association, accused Campbell of violating
state public record laws by bringing information about the internal
investigation of a former police employee to The Eagle-Tribune in 2014.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">Though he was not named in Morin’s complaint, former Deputy
Police Chief Shawn Patten is at the center of the dispute.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";"> A former Police Department employee, Steve Malisos,
sent a letter to the town manager in October 2014, accusing Patten of falsifying
records and theft, according to selectmen’s complaint against Campbell. Patten
was eventually cleared through an internal investigation and by the attorney
general’s office.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">The official complaint filed against Campbell also mentioned
an incident from February 2015, when Campbell posted comments about Salem
Police Chief Paul Donovan’s suspension on his Facebook page. <o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">The suspension had previously been kept from the public as a
private personnel matter. The board voted to “condemn” Campbell’s actions in
2015 but did not take the matter to court.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">Campbell did not deny either accusation but denied any
wrongdoing. He said that he received information about a town employee through
a right-to-know law request years ago and believed this information fell under
the same rules for public access, rendering it not confidential.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">Town Manager Leon Goodwin and Board of Selectmen Chairman
James Keller said they could not comment on why the hearing did not take place,
or whether this marked the end of the effort to remove Campbell from office.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">“We were prepared up until the last minute to have a
hearing,” Goodwin said.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">He declined to comment on which side of the legal battle
approached the other prior to the hearing.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">Keller said Campbell is still a selectman.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">Campbell did not return requests for comment.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">Morin, the police captain who made the initial complaint
about Campbell to selectmen, said he didn’t know why the hearing was cancelled
but that he “would imagine” both sides of the issue are “coming to a
resolution.” <o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">“I think that the law and the violation is clear...and I
think the remedy for that is to remove him from office,” Morin said. “Do I
think that Stephen Campbell is going to terrorize Salem anymore? Nah, I think
he’s done. I think he’s done, and even if he survived this, he’d be done at the
polls in March.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">“I, as a taxpayer in Salem, am disgusted that he didn’t
resign when he had the opportunity to and save us all the aggravation.”<o:p></o:p></span></div>
Unknownnoreply@blogger.com11tag:blogger.com,1999:blog-7874347369787241443.post-68110510901980392112016-05-04T08:53:00.000-04:002016-05-04T08:53:52.662-04:00Atkinson selectman pleads no contest <span style="font-family: "Calibri",sans-serif; font-size: 11pt; line-height: 107%; mso-ansi-language: EN-US; mso-ascii-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-bidi-theme-font: minor-bidi; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;">By
Kiera Blessing</span><br />
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<span style="font-family: "calibri";">PLAISTOW — Atkinson Selectman Harold Morse pleaded no
contest Monday to a disorderly conduct charge stemming from an incident in
September that led to his arrest.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">Morse received a $300 fine, suspended for six months, on the
condition of good behavior during his trial in 10th Circuit Court.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">A no contest plea is when a defendant admits no guilt, but
chooses not to dispute a criminal charge. <o:p></o:p></span></div>
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<span style="font-family: "calibri";">Morse's attorney, Gerard LaFlamme, asked Judge Sharon
DeVries to accept the plea "in the interest of justice in this case."<o:p></o:p></span></div>
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<span style="font-family: "calibri";">In "this particular case, I think this is
warranted," LaFlamme said, referencing the legal definition of disorderly
conduct, which states a person must leave a "public way" if told to
do so by a police officer.<o:p></o:p></span></div>
<br />
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<span style="font-family: "calibri";">Prosecutor Jill Cook agreed not to prosecute Morse on a
second charge of resisting arrest, for which he could have faced up to a year
in jail. <o:p></o:p></span></div>
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<span style="font-family: "calibri";">"I think this sounds like a resolution that makes sense
under the circumstances," DeVries said as she accepted Morse's plea.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">Morse and his wife, Christine Lewis Morse, declined to
comment on the case. LaFlamme also declined to speak to the media.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">On Sept. 16, Morse began directing traffic on Route 121 near
the intersection with Route 111 in Hampstead, where a construction project was
underway. When an officer directing traffic asked him to stop, Morse refused,
ultimately leading to his arrest. <o:p></o:p></span></div>
<span style="font-family: "calibri" , sans-serif; line-height: 107%;">It became clear during the trial that the
construction company working on the road was Lewis Builders, an Atkinson-based
company where Morse is the general manager. His wife is president of the
company.</span>Unknownnoreply@blogger.com4tag:blogger.com,1999:blog-7874347369787241443.post-88647416041744655322016-04-20T08:30:00.003-04:002016-04-20T08:30:46.496-04:00Supreme Court orders Timberlane to release documents in electronic form Sandown school board member wins Right-to-Know case against district<br />
<div class="meta">
<ul class="list-inline">
<li>By Breanna Edelstein</li>
</ul>
</div>
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CONCORD, N.H. — The New Hampshire Supreme Court has ordered Timberlane Regional School District to provide budget documents in an electronic format to school board member Donna Green of Sandown, acknowledging the decision advances the purpose of the state's Right-to-Know law and reversing a lower court's ruling.<br />
Green asked the district for the documents last year. The district said she could make an appointment to see the documents. Green then asked for the documents electronically.<br />
The district said it wasn't obligated to provide them electronically, citing state law and its policy, which states "materials and/or documentation produced to fulfill a Right to Know request shall be subject to a charge of $0.50 per page," and that "only hard copies will be produced; no electronic copies will be provided."<br />
A superior court judge sided with Timberlane last March, but Green appealed, landing the case in the Supreme Court in January.<br />
"I absolutely had to appeal it, because I couldn't let this stand," Green said Tuesday. "If that stood, it would have empowered more public bodies to behave like this."<br />
Supreme Court judge James P. Bassett wrote the opinion reversing the earlier decision. He said there was no evidence that it wasn't "reasonably practicable" to copy the documents to electronic media. He also noted producing electronic documents can be more efficient and cost-effective.<br />
The state's highest court noted that both parties had reasonable interpretations of the state law in question.<br />
"The Supreme Court found our interpretation of 91-A:4 reasonable and also concluded that the statute is indeed ambiguous," Dr. Earl Metzler, the district's superintendent, said in a statement Tuesday. "As such, we have amended our Right To Know procedure to align with this recent interpretation that some requested documents must be made available in electronic format."<br />
According to the ruling, Green argued prior wording of the policy indicated that the authority to produce a hard copy form of an electronically stored document only arises if copying to electronic media is not reasonably practical, or if the person asking for the document requests a different method.<br />
She also contended that in this case, the original records reside on a computer in the SAU building and the district should have provided the documents in that format.<br />
On the other hand, the district argued that because the paper documents were made available for inspection and copying, their statutory obligations were fulfilled. According to them, the wording of "may" instead of "shall" in the RSA implies a choice.<br />
Because of a lack of legislative history to aid the ruling, the final decision was based on the purpose of the Right-to-Know law, which is designed to make government more transparent to the public, according to the judge.<br />
In his ruling, Bassett said if the Legislature doesn't agree with the court's interpretation of the law, it can amend the law.<br />
Though Green says she's "very happy" with the court's decision, she added that "it was a colossal waste of taxpayer money."<br />
The case will have ramifications statewide.<br />
"For other school districts, and the media in general, this is a big victory for the people of New Hampshire," she saidUnknownnoreply@blogger.com31tag:blogger.com,1999:blog-7874347369787241443.post-18903560007687174622016-04-15T06:54:00.000-04:002016-04-15T06:54:57.481-04:00Salem files official complaint against selectman, seek Campbell's removal<div style="background-color: white; box-sizing: border-box; color: #444444; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 16px; line-height: 27px; margin-bottom: 24px;">
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<span style="font-size: 14px; line-height: 20px;">By Kiera Blessing kblessing@eagletribune.com</span></h1>
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BRENTWOOD — The Town of Salem officially filed a complaint against selectman Stephen F. Campbell in Rockingham Superior Court this week after voting in March to seek his removal from office.</div>
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The complaint, filed Tuesday, seeks that the court remove Campbell from office for allegedly sharing confidential personnel information, which he was privy to as a selectman, with the public on two occasions in 2014 and 2015.</div>
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The court documents detail a letter sent to the Board of Selectmen on March 9 of this year by police captain and head of the Salem Public Administrators Association Union, Robert Morin. Morin alleged Campbell had broken state law by sharing information about the internal investigation of a deputy police chief with The Eagle-Tribune in late 2014.</div>
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Though not named in Morin's letter or court documents, former Deputy Chief Shawn Patten was at the center of the investigation. A former Police Department employee, Steve Malisos, sent a letter to the town manager in October 2014, accusing Patten of falsifying records and theft. Though Patten was eventually cleared through an internal investigation and by the Attorney General's office, Morin alleges Campbell brought the information about the investigation to the media, violating state public record laws.</div>
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The court documents also mention an incident from February 2015, when Campbell posted about Salem Police Chief Paul Donovan's suspension on his Facebook page. The suspension had previously been kept from the public as a private personnel matter.</div>
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Campbell has not denied either accusation.</div>
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According to court documents, Campbell acknowledged he was "not authorized" to discuss the chief's suspension publicly; in March 2015, the board voted to "condemn" his actions.</div>
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Campbell has also admitted to bringing information to the media, but has maintained that he did not break public records laws in doing so.</div>
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“I don’t believe I did anything wrong,” Campbell said during a board meeting March 28. According to court documents, on March 25, Campbell posted on his Facebook page that "The information I shared with the Eagle-Tribune was sent to me and others through the US mail. It was sent to us by a retired Town employee. The information was not from a non-public meeting."</div>
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When asked by board Chairman James Keller why he took the information to the media, Campbell answered he "would rather not say."</div>
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A hearing is scheduled for May 4</div>
Unknownnoreply@blogger.com24tag:blogger.com,1999:blog-7874347369787241443.post-82232981621289397072016-03-30T08:42:00.002-04:002016-03-30T08:42:44.577-04:00Salem selectmen ask court to remove CampbellBy Kiera Blessing kblessing@eagletribune.com<br />
<br />
SALEM, N.H. — In a 4-1 vote Monday, Salem selectmen decided to petition Rockingham Superior Court to remove Selectman Stephen Campbell from office after finding he broke the law by revealing confidential information to the press in 2014.<br />
Earlier this month, police captain and head of the Salem Public Administrators Association Robert Morin alleged that Campbell had brought information regarding the internal investigation of a former police employee to The Eagle-Tribune in a violation of state public record laws. Though he is not named in Morin’s allegation, former Deputy Police Chief Shawn Patten is at the center of the dispute.<br />
“I think it’s a sad day for Salem. I think it’s a sad day for the board. It’s unfortunate that it came to this, but we can’t tolerate laws being broken,” Keller told the Tribune. “I went into it (the investigation) objectively, and the facts are the facts.”<br />
Campbell admitted bringing information to the Tribune, but denied any wrongdoing during the meeting and declined to comment after the meeting was adjourned. He said that he received information about a town employee through a Right to Know request years ago, and believed this information fell under the same qualifications for public access, rendering it not confidential.<br />
Keller described the findings of his own internal investigation, conducted in coordination with the town attorney, to the board before presenting the selectman with three options: to find Campbell innocent of wrongdoing, to move to censure him, or to petition the court to have Campbell removed from office.<br />
Selectman Michael Lyons made a motion to petition the court to remove Campbell from office. Fellow board member Lisa Withrow seconded the motion.<br />
“I think the town is in danger of injury again and I’ve had enough, and the four of us need to separate ourselves from Selectman Campbell,” Lyons said. “The four of us have an obligation to separate the town from Selectman Campbell and we need to do so now.”<br />
Everett McBride struggled with the decision for a moment, but said he did believe Campbell broke the law. The board voted for Campbell’s removal, 4-1, with Campbell as the lone dissenter.<br />
Applause briefly broke out from the crowded room full of police personnel, but Keller quickly called the room to order, saying “There’s no glory in this for anyone.”<br />
“I don’t believe I did anything wrong,” Campbell said. “There are other matters that the town manager is aware of that should be taken care of, because there’s a lot going on underneath the surface here. So you can pretend that this is just me, but there are things happening here, happening to me, happening to other people that just aren’t right. ... I hope those complaints are taken as seriously as these are.”<br />
A petition requesting Campbell’s removal from office will be sent to Rockingham Superior Court. Until a decision is rendered, Campbell will continue to serve on the board in his full capacity.<br />
Morin said he was pleased with the outcome.<br />
“Clearly, Chairman Keller certainly took it serious and I thought did an outstanding investigation,” Morin said. “I think Selectman Keller said it best: this isn’t good for anybody. It’s an embarrassment to the town but it needed to be dealt with and obviously I’m pleased with how they chose to handle it.”<br />
Morin added that he hopes Campbell will resign.<br />
“There’s going to be a lawsuit — there’s no ifs, ands, buts or maybes about it,” he said. “The town is in great danger and has a lot of liability on it because of his actions.”Unknownnoreply@blogger.com47tag:blogger.com,1999:blog-7874347369787241443.post-41194087570018694342016-03-09T08:36:00.002-05:002016-03-09T08:36:28.300-05:00Baldwin, Friel re-elected in Atkinson
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">ATKINSON — Incumbents William Baldwin and William Friel will
return to the Board of Selectmen.<o:p></o:p></span></div>
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<span style="font-family: Calibri;">They were re-elected to the board Tuesday as residents
turned out at the Atkinson Community Center to choose town and school
officials. They also voted on numerous warrant articles. <o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">Baldwin, the board's chairman, received 690 votes while
Friel picked up 608 votes to win the three-year seats. They beat out
Craig Schuster, who received 416 votes.<o:p></o:p></span></div>
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<span style="font-family: Calibri;">The town saw an 18.7 percent voter turnout.<o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">In the only other contested town race, Kathleen Friel
defeated Dennis Winsett, 512-420, in the race for a three-year cemetery trustee
slot.<o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">While campaigning next to Friel outside the community
center, Schuster expressed doubt he would win because of a sluggish voter
turnout. <o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">Friel also wasn't ready to declare victory because of the
low turnout, saying a lack of big-ticket questions on the ballot and the recent
presidential primary likely discouraged many from voting.<o:p></o:p></span></div>
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<span style="font-family: Calibri;">Anything could happen when turnout is low, they said. <o:p></o:p></span></div>
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<span style="font-family: Calibri;">"It's voter fatigue," Friel said.<o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">Town Moderator James Garrity, who ran uncontested, said
turnout was slow from the time the polls opened at 7 a.m. until at least 5 p.m.
— just as a surge of voters arrived to vote.<o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">"There's not a lot of contested stuff," Garrity
said.<o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">When asked if there was a particular candidate or issue they
came to support at the polls, several voters said there was not.<o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">The residents said they were just fulfilling their civic
duty by voting.<o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">Among the top issues on the ballot was an article seeking
$10,000 for cemetery improvements, which failed, 550-470. But an article to
contribute $35,000 to a cemetery capital reserve fund was approved, 665-354.<o:p></o:p></span></div>
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<div class="MsoNormal" style="margin: 0in 0in 8pt;">
<span style="font-family: Calibri;">Voters also allocated $340,314 for roadwork, 784-234. But
they rejected a $79,043 lease purchase agreement for a highway department
truck, 600-416. <o:p></o:p></span></div>
Unknownnoreply@blogger.com68tag:blogger.com,1999:blog-7874347369787241443.post-12356814805088071042016-03-05T20:53:00.002-05:002016-03-05T20:53:39.328-05:00Candidate's Night Drama- Heard around the Town HallYou gotta love Candidate's Night. While it is the time for some candidates to shine, it is always the time for the elitist bullies in Town alleged leadership, to demonstrate their uncanny ability to make asses of themselves. And as we have seen over the last decade, rarely does anyone do a more thorough job of making a bloviating donkey's posterior of themselves than Jack Sapia. He has an almost divine gift of speaking without knowledge upon almost any topic, and being ignorant enough to continue his thought devoid diatribe even when the facts(inconvenient to his claims) are beating him about the head like the bully he tries to be.<br />
<br />
This year's Candidate's night proved no different. Enter the usual victim of Jack's ire, Mr. Artus, who began his remarks about the deficiencies of the School Board and it's budget committee, only to have Jack direct Noriko to end his speaking time. God forbid a little thing like FREEDOM OF SPEECH, be allowed to override Jack's neo fascistic restrictions thereof.<br />
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Mr. Artus started out giving his background, then eased into the school district's budgetary increases and cost per pupil expenditures versus the District's declining enrollment over the last 7 years. As he is presenting the actual hard data, complete with accurate numbers, No more than a few minutes into his presentation Jack signaled to Noriko that is was time to cut him off. Noriko did so, and Mr. Garrity, the alleged moderator, stated that he is merely acting as Moderator, but the night is hosted by the Women's Civic Club, and Noriko is in charge.<br />
<br />
After cutting off Mr. Artus The Moderator turned the floor over to questions, Mr. Artus fielded questions from the audience, about the numbers, and data, Then Jack asked a question of Mr. Artus, demanding to know who told him that the District will seek another bond for a new School. Perhaps Jack has forgotten Dr. LaSalles presentation to the School Board his last year as Superintendent, about Bonding $88,000,000 in two bonds three years apart to build a new High School, and a new Middle school, Their reason for this necessity being, The schools "do not conform to (the Districts) current educational philosophy" It was pointed out at that meeting by Mr. Acciard that with the almost decade left to run on the PAC center bond this would add $8,000,000 per year in debt service to the budget. As usual Jack is long on bullying and short on facts.<br />
<br />
Then Jack asked what do the Candidates consider an "adequate education"? As we see from TRSD's "Report Card" the longer a child goes to TRSD the lower the proficiency in reading and Mathematics. Only 50% of 11graders are proficient or better in reading, and only 29% in Mathematics. Is THIS what you consider to be an "adequate education", Jack?<br />
<br />
Here is where the story becomes interesting; AFTER the cameras were left behind the two Budget candidates, Mr. Artus, and Ms. Hammond went into the lobby to talk privately. Jack followed, hovering near the meeting room, but trying to overhear the conversation. Since he could not hear what was being said he resorted to shouting at Mr. Artus and Mrs. Hammond to be quiet as people were trying to hear what the candidates were saying, M. Artus politely told him that if he went into the meeting and shut the door there would be no problem. Jack kept shouting, He was all we could hear, as he bullied Mr. Artus and Mrs. Hammond, Then another resident went into the lobby to speak to Mr. Artus. Jack barged into their conversation, when the gentleman raised issues about the school boards conduct, Jack in a loud and beligerent manner told the man he was a school board member and that the gentleman must have gotten his info form Mr. Artus because it was all lies. Jack continued his loud bullying of the people in the lobby leading to Town Administrator Alan Phair coming out 5 times to tell him to be quiet. Jack ignored him. Mr. Artus suggested that if Jack would not maintain decorum the TA should call the police to remove him, Jack's response was a loud snort, followed by "Yeah, like that is going to happen". It must be nice to be above the law like dictator Sapia believes himself to be.<br />
<br />
Question to the voters, why do you continue to allow buffoons like this to run the town? Jack evidently cares nothing for truth, or honor, or the best interests of the town, only those of himself, and his buddies. He has been caught lying on camera in the past, just watch the video of the home page. His wanton disregard for the rights of the taxpayers must not be allowed to continue.Unknownnoreply@blogger.com24tag:blogger.com,1999:blog-7874347369787241443.post-90388600253952653532016-02-23T08:30:00.004-05:002016-02-23T08:30:46.003-05:00Marijuana charges dropped against couple PLAISTOW — The state has dropped all but one charge against an Atkinson couple accused of growing marijuana in their home.
On Monday, all charges against Valerie Zdrada, 60, were dropped, while her husband, Robert Zdrada, 65, still faces one felony charge of cultivating marijuana. Both were initially charged with one count of cultivation of marijuana and one count of possession of the drug with the intent to distribute.
Judge Sharon DeVries accepted the state's withdrawal of three of the four charges in 10th Circuit Court in Plaistow Monday morning. The Zdradas' defense attorney, Alan Cronheim, said he was pleased with the development.
"I appreciate that the state took the time to resolve it. I think it's very appropriate that the possession with intent to distribute charges were (dropped)," Cronheim said. "Lastly, we appreciate that the state has reviewed the medical information we've provided and we're going to continue conversations about how the remaining charge is resolved."
Cronheim argued at the couple's arraignment in December that they grew the marijuana not to sell, but to treat Robert Zdrada, who suffers from cancer. Zdrada obtained a medical marijuana card in late January. New Hampshire began accepting applications for medical marijuana identification cards in early November, just three weeks after the couple's arrest. Gov. Maggie Hassan signed a bill legalizing medical marijuana into law in 2013.
Cronheim had referenced a Superior Court case from November, in which a judge ruled that the state needed to issue a medical marijuana card to an Alstead woman named Linda Horan, who then used it to buy the drug in Maine. Cronheim likened the case to his clients' situation, arguing that Robert Zdrada would have had legal access to marijuana had New Hampshire not delayed the issuance of cards.
At the time of the Zdradas' arrest Oct. 19, police said they seized more than seven pounds of marijuana, along with plant stems, seeds and specialized heating lamps, from the Zdradas' Crown Hill Road home.
The case will move to Rockingham Superior Court to be presented to a grand jury if it is not resolved during negotiations between the defendants and the state beforehand.
Unknownnoreply@blogger.com10tag:blogger.com,1999:blog-7874347369787241443.post-3340155043630979382016-01-26T14:52:00.001-05:002016-01-26T14:52:39.068-05:00Selectmen Corruption, lying and illegality continues. First let me open by saying that Our selectmen exhibit less than a passing regard for adherance to law. This has been the case for the decade plus that Phil has exerted control over this board, and therefore is no surprise. In my opinion they are liars as well, Oh not the "Honey that dress looks great on you" type of liars, more along the Hillary Clinton; "It was caused by a spontaneous protest over a video that got out of hand" type of lie.The surprise, and frankly it is somewhat disgusting to watch is the blatant dishonesty and willful corruption of Mr. Grosky, himself a Lawyer, and Prosecutor. Given his training and education, as well as the professional canon of ethics Lawyers are supposed to subscribe to, he has the knowledge that precludes any claims of ignorance, lack of understanding, or the ever proclaimed necessity for "legal opinion". Which brings us to last night's litany of corruption.<br />
<br />
We begin by noting that the Selectmen posted a Non Public meeting under RSA 91-A:3,II,e. "legal" to precede the public meeting.<br />
<br />
When this meeting began Town Counsel, Sumner Kalman showed up for the meeting. The selectmen REFUSED to obey the stated law by opening the public meeting and voting to go into Non public, even though specifically asked if they were going to do this by Mr. Artus. Mr. Baldwin stated that they were just meeting with their attorney. Sorry, Billy, as you SHOULD know, whenever you have a quorum of the board, you have a meeting. As you SHOULD know, even if the meeting occurs in Sumners office, it must be posted and minutes kept. AND according to RSA 91-A:3, you MUST open the public meeting and make an on the record vote to go into Non public for the exemption that applies. You failed to obey this particular law. I wonder why?<br />
<br />
Now, RSA91-A:3, II,e. states as follows;<br />
<br />
<i>"
(e) Consideration or negotiation of <b>pending claims or litigation which
has been threatened in writing or filed by or against the public body or
any subdivision thereof</b>, or by or against any member thereof because of
his or her membership in such public body, <b>until the claim or
litigation has been fully adjudicated or otherwise settled.</b> Any
application filed for tax abatement, pursuant to law, with any body or
board shall not constitute a threatened or filed litigation against any
public body for the purposes of this subparagraph."</i><br />
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As there are no active lawsuits, of which we are aware, nor any "threatened in writing" We wonder how this was a LEGAL non public meeting? BTW, just for the record, when they emerged from this quasi non public, they never closed the non public before opening the public meeting.<br />
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As Mr. Grosky authored a letter to the Conflict of Interest committee, advising them(BTW WHEN did the selectmen authorize Mr. Grosky to write that letter?, It seems no meeting held nor vote taken to do so, Well chalk that up under the illegality column) That the ONLY allowable reason to go into Non public for legal was to discuss an ACTIVE lawsuit or one threatened in writing, Both Mr. Groski and the Board upon which he sits clearly knows, the purpose and limitation of this law, but CHOOSE to ignore it for themselves.<br />
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And before they parade their usual lies about this meeting it should be pointed out that the Conflict of Interest committee while they have discussed among themselves the idea of a Court filing to force the selectmen to obey the law, They have NOT put this into writing to the Selectmen. The other oft mentioned legal matter is the Selectmens wish to Forego the fines won in Court against the Osbornes, but yet to be paid. So much for their Fiduciary responsibilities to the taxpayers. However this, too does not qualify under RSA91-A:3,II,e. as the matter had been fully adjudicated(Presumably Mr. Groski, in his profession DOES KNOW what that word means). These matters would be the subject of a PUBLIC meeting, not a non public, but what is the law to our dictators?<br />
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Later in the meeting our erstwhile governing body whipped out new shiny RSA books to read RSA31;39a, the enabling statute that allowed the town to establish the Conflict of interest committee. These men were intellectually challenged to understand the simple meaning of the Statute, even the Attorney Mr. Groski, Pull up a chair Jason your education is about to begin;<br />
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<i>"<b> 31:39-a Conflict of Interest Ordinances. –</b>
The legislative body of a town or city may adopt an ordinance defining
and regulating conflicts of interest for local officers and employees,
whether elected or appointed. Any such ordinance may include provisions
requiring disclosure of financial interests for specified officers and
employees, establishing incompatibility of office requirements stricter
than those specified by state law or establishing conditions under which
prohibited conflicts of interest shall require removal from office.
Any such ordinance shall include provisions to exempt affected officers
and employees who are in office or employed at the time the ordinance is
adopted for a period not to exceed one year from the date of adoption.
<b>The superior court shall have jurisdiction over any removal proceedings</b>
instituted under an ordinance adopted under this section."</i><br />
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Readers please note the simple text of the above Statute which confused out Attorney/Prosecutor/Selectman. Lets take this point by point for Mr. Groski. who proclaimed it confusing and ambiguous due to the profusion of the word "MAY";<br />
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"<i>The legislative body of a town or city may adopt an ordinance defining
and regulating conflicts of interest for local officers and employees,
whether elected or appointed." </i>This simply means the State authorizes the legislative body of the Town(Jason, that means the VOTERS) to esablish a Conflict of Interest ordinance if they so desire. In Atkinson We did.<br />
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"<i>Any such ordinance may include provisions
requiring disclosure of financial interests for specified officers and
employees, establishing incompatibility of office requirements stricter
than those specified by state law or establishing conditions under which
prohibited conflicts of interest shall require removal from office." </i>This simply means that the Ordinance once established may set out requirements for disclosure, prohibited conducts, and punishments that exceed those enumerated by State law. Are you following this, Jason?<br />
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"<i>Any such ordinance shall include provisions to exempt affected officers
and employees who are in office or employed at the time the ordinance is
adopted for a period not to exceed one year from the date of adoption" </i>This is the typical phase in clause.<br />
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Now Jason, PAY ATTENTION, THIS IS THE IMPORTANT PART;<br />
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<b>The superior court shall have jurisdiction over any removal proceedings</b>
instituted under an ordinance adopted under this section." </i>This means that when removal is the recommendation, PARTICULARLY of a selectman, the fellow selectmen may not decide upon their own what punishment will be, That, too would be a conflict. They SHALL, note that word, Jason, which in legalese allows no wiggle room, they SHALL pass it on to the Superior Court which has sole jurisdiction over removal proceedings.<br />
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So ends our lesson, As we said they read this statute on camera. proclaiming it confusing, ambiguous, and requiring of legal opinion. A Little late, Jason you claimed you had already gotten legal opinion and spent $2,285 for ELEVEN HOURS of it,back in March on this very topic. And the taxpayers wonder why Atkinson spends so much on legal fees.<br />
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By the way, just to reveal another lie, a couple of months ago, Mr. Groski stated on camera that the voters defeated a $5,000 legal line for conflict of interest a couple of years ago. This was a lie, what would have been true, would have been to admit that the SELECTMEN wanted a CAPITAL RESERVE FUND established for legal purposes a couple of years ago, and it failed by one vote.<br />
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It is an utter travesty that we allow these actions to continue. Mr. Morse seems to be the most honest of this corrupt board, Unfortunately Mr. Friel has done a complete 180 in the last 5 years, and now routinely joins the corrupt triumverate of Consentino, Groski, and Baldwin, in their efforts to do whatever they wish without regard for law. When you consider the background of these men; An attorney and public prosecutor, a Police Lt. former school board chair, and selectman, and a Former long term police chief, selectman, and director of elderly affairs, recently fired for cause, pursuant to a sexual harassment complaint of a female employee young enough to be his daughter, NOT ONE of these men have any excuse for their behavior.<br />
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