ARTICLE SUBMISSION, PLEASE
TO: All Voters of the Town of Atkinson
FR: Gary Brownfield, Spokesperson – Atkinson Taxpayer Committee
RE: Atkinson Voter Education Seminar & Signing of Citizen Petition Warrant Articles
Location: Atkinson Community Center, 4 Main St., Atkinson NH
Date & Time: Thursday, January 5th, 7:30pm to 9pm.
At this Seminar, attendees will have the opportunity to sign new Citizen Petition Warrant Articles (or bring one of your own). The deadline for submission is Monday, January 9th.
Mr. Gary Brownfield will speak regarding the importance of citizen participation, given that Citizen Petition Warrant Articles now go to the voters without any corruption or change in language. Also, engage with you in a dialogue about the new State proposal to change Town Meetings, and in so doing, enhance transparent town government.
Mr. Ed Naile and Mr. Jorge Mesa-Tejada, CNHT Directors, will give an intriguing Atkinson Voter Education Seminar and will cover the 91-A Law, and how to protect the ballot of the legal voter and the power and authority of the legitimate ballot.
CNHT – (Coalition of New Hampshire Taxpayers) is dedicated to preserving the individual and political freedoms you enjoy in New Hampshire. With an effective statewide effort CNHT seeks to reduce the size of government at all levels, put a stop to judicial activism, provide students and parents with a choice of educational opportunities, expand our job market, and protect our ever shrinking property rights.)
January 2, 2012 11:17 PM
Atkinson Town Hall
The Norman Rockwellian picture of Atkinson
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157 comments:
I am going to attend this Seminar!
It's nice to see that Ed Naile (who has experienced so much political coruption through out NH) is taking an interest in ending it in Atkinson. Perhaps with his contacts in Concord, he will be able to accomplish what local official are unwilling to do.
Tim you are 100% correct that the wording of petition warrant articles can be amended at deliberative session. You are also 100% correct that the claim that 2011 House bill 77 forces petitioned warrant articles to go straight to the voters without changes in wording is 100% wrong.
However you are making a common mistake when you say that the “intent” of a warrant article must be retained. I suggest you read “Petitioned Warrant Articles New Hampshire” published in Town and City, February 2004. http://www.nhlgc.org/publications/item_detail.asp?TCArticleID=210
From that article: Question: Can an amendment change the intent of the original warrant article? Answer: Yes. It is important to keep in mind the difference between “subject matter,” on the one hand, and “intent” on the other.
2011 House bill 77 added the following words to RSA 40:13 IV “No warrant article shall be amended to eliminate the subject matter of the article. An amendment that changes the dollar amount of an appropriation in a warrant article shall not be deemed to violate this subparagraph.”
In March of 2008, Grant v. Barrington, 156 N.H. 807 established that a warrant article can be amended to eliminate the subject matter of the article. That meant that it was legal to amend an article to the following words “To see if the Town will”. 2011 HB77 was written to over-turn case law resulting from Grant v. Barrington, 156 N.H. 807 in March of 2008. Here is the entire case: http://www.courts.state.nh.us/supreme/opinions/2008/grant020.pdf
If you read Grant v. Barrington, you will find references to case law dating back to the 1800s that establishes the right of voters to change the intent of a warrant article provided that the subject matter does not differ from what was in the original warrant. The principle established in the 1800’s, and still valid today, is that the warrant serves to “warn” the voters of the subjects that will be deliberated on and voted on at town meeting. Amending an article to the point where a “new” subject not “warned” in the original “warrant” undermines the purpose of posting the warrant in advance of town meeting.
Many voters would probably agree that changing the intent of a petitioned warrant article is unfair to the petitioners. But presently, it is perfectly legal to do so. In May of 2011, and after adoption of 2011 House bill 77, there was a superior court ruling on a claim of a violation of the wording added to RSA 40:13 IV by 2011 HB77 (Bailey v. Exeter, Rockingham County Superior Court No. 2011-CV-203, 5/27/2011). The superior court’s ruling seems to exceed the authority of 2011 HB77. But the superior court’s ruling was not appealed to the NH Supreme Court so the ruling does not establish “new” case law. Until a similar case and ruling makes its way to the NH Supreme Court, it remains legal to change the intent of a petitioned warrant article provided that the subject matter does not differ from what was in the original warrant.
It's a sad state of affairs when you have to import "real" men into town to teach the residents about their rights. The BOS should be running this show. They should be ashamed of themselves.
MEOW, I'm back
The bought a report from MRI yet they don't follow the recommendations. They could not figure out the obvious by themselves, so we paid for this and they still do nothing about the biggest problem in town.
the stalker is back.
To remove subject matter is illegal so to change it to read 'To see' is illegal.
You don't need new case law to enforce this RSA. Where did you get your law degree?
ATKINSON — The Atkinson Country Club has reopened after Sunday's kitchen fire, but its two restaurants will remain closed for a month due to damage.
The fire began at about 6:30 p.m. Sunday and was quickly put out after the building was evacuated.
"The fire was a grease fire in the duct work of the ventilation system from the grill," fire Chief Michael Murphy said. "The fire breached the duct work, and extended into the attic and into two of the guest suites."
No one was hurt, but the fire did cause serious damage to the restaurant kitchen. The two restaurants have to close for repairs, according to country club spokeswoman Kristin Perry.
"Stagecoach Grille and Merrill's Tavern will be closed for an undetermined time frame," she said. "We anticipate reopening in early February."
The separate kitchen that serves the club's function rooms was not damaged.
"The resort is still open and fully operational for all wedding, social and corporate events," Perry said.
The country club is still accepting reservations for the Fieldstone Suite guest rooms and will be holding Sunday brunch in one of the ballrooms.
Murphy said the dollar amount of the damage to the building hasn't been determined yet.
"It's a commercial building with a steel roof and structure," he said. "Until we get a better idea of the structural damage, it's hard to assess."
He said they will be working with the country club to come up with a quote by the end of the week. Murphy also said they will advise the owners to make sure a similar fire won't happen again.
"It appeared the duct work was not properly maintained," he said. "It's just an unfortunate situation."
Perry said the restaurants will be up and running as quickly as possible. Repairs are expected to start soon, she said.
"We're just thankful that no one was hurt and there were minimal people in the building at the time," she said. "The community all pulled together to help us. A lot of our patrons have come by and the outpouring of support has been amazing."
Sorry, MORON, but it is now illegal to change the wording of a citizen petition warrant articling WORDING. So how Atkinson moderators and political HACKS could change the wording to read only "to see" on the ballot is now ILLEGAL. Deliberative Sesson thugs can only screw with any financial amount attached....but that's the extent of their dirty finger tampering. What is ENDED: Your violation of the citizen ....to communicate straight to the voters!!!
They tried it in Exeter last year. The moderator, who was a LAWYER as well as a sitting selectman, decided to challenge the new State law and changed a citizen petition warrant article to read "TO NOT" thereby ruining the intent and confusing the voter at the ballot box. Well, they got sued and sued good!. Attorney Soltani represented the citizens. The judge ORDERED EXETER TO DO OVER THEIR ENTIRE TOWN MEETING and Exeter had to pay Soltani all his sky high attorney fees!
So before you sprew forth again, read the facts of the Exeter comeuppance! Ha Ha. Atkinson also had its share of arrogant midget moderators who felt entitled to get what they want by evil violation of State Law. Go ahead, try it again, MAKE MY DAY!!
New warrant article. "The town shall investigate all building, safety, and health codes at the Atkinson Country Club to insure the safety of the citizens as well as adherance to all building codes and prior permits issued.
"Run away from toxic people. Instead surround yourself with others who are positive, who support you and want you to succeed" This blog is toxic. God speed ACC, you're the most positive atmosphere in Atkinson.
Moderator, please post this as an article.
Bingo! Another Lawsuit!
Now I understand why the Selectmen asked for so much money in the legal expense line of the budget. Deering, NH resident , chief meddler in Atkinson politics, and CNHT El Presidente, Ed Naile, along with his loyal Atkinson mafia of Acciard, Artus, & Brownfield, are planning to sue the Town of Atkinson, yet again!
Naile and his mafia are frustrated that the NH House did NOT go far enough with House Bill 77. In 2011 the house did make it illegal to eliminate the subject matter of a warrant article but they did NOT go so far as to prevent citizen warrant articles from being amended at town meeting. Having failed using NH’s very democratic legislative process, Naile and his mafia appear to be developing a scheme to get a lawsuit to the NH Supreme Court in order to establish case law to prevent a citizen petition warrant article from being amended at town meeting. The Bailey versus Exeter case proves the existence of a Rockingham Superior Court Judge that is sympathetic to their cause. But to Naile and his mafia’s dismay, Exeter didn’t appeal the Rockingham judge’s decision to the NH Supreme Court. So it didn’t become case law. Oh what is a meddler in Atkinson politics to do???
Here’s how it probably goes down. Naile’s mafia soldiers in Atkinson author and obtain enough signatures for several citizen petition warrant articles to be included in this year’s town meeting warrant. Of course they have done this many times already so they are already experts at it. Now would anyone in the studio audience like to offer their best guess as to the subject matter of these citizen petition warrant articles? I know, way too easy for you but you are correct! That’s right folks, the same subject matter this blog is entirely dedicated to, our pal Chief Consentino. These warrant articles will be a full frontal attack on the Chief and most likely the elderly affairs program too. So rest assured these citizen petition warrant articles will be amended at town meeting. Bingo again! Now Naile’s mafia soldiers in Atkinson can bring a lawsuit against the Citizens of Atkinson claiming that their legal rights under House Bill 77 have been violated.
Don't you find it interesting that Naile and his mafia rail against judicial activism? But when it suits their own purposes, they have no problem using the courts to do their bidding. And they do so by riding the coat tails of our favorite ambulance chaser, and CNHT Consigliere, none other than Attorney Chuck Douglas. By the way, Douglas previously served as a Judge on the Rockingham Superior Court before getting promoted to serve on the NH Supreme Court. After that, he was a US Congressman, but the voters fired him. Gee, I wonder if Douglas still has a few cronies serving as judges at Rockingham Superior Court and the Supreme Court? What a coincidence that when Naile and his mafia sue the Townspeople of Atkinson, the case is first heard in Rockingham and then the MH Supreme Court.
Stay tuned fellow Atkinson citizens as your town is once again used by an outsider from Deering to improve his stature and increase his power base in NH. Oh, did I forget to tell you that we will be footing the bill for his antics?
PS: Go to the CNHT website and look at the picture of the poster child for CNHT, none other than Ed Naile mafia soldier, and former Atkinson resident, Mark Acciard. http://www.cnht.org/
I like the Brookstone CC better.
How do you know what someone else is planning?
Wouldn't you have to wait until they did it to know for sure? Are just causing trouble by saying these people are planning this? How do you 'KNOW' they are planning this?
It's a voter information session. It's about 91A and other rights people have.
What is your problem?
HA HA! This is the hysteria ranting of an X-moderator untrained in the law.
Tomorrow night at 7:30pm. What is being created, on a YEARLY BASIS, is a PRE-DELIBERATIVE SESSION for CITIZEN PETITION WARRANT ARTICLES.. So get used to attending this event every year and YOU GOT TO GO. It is far more important and effective to create change and clean up town government in Atkinson...than being a pawn at town Deliberative Session. At our yearly Voter Education Seminar, you can sign petitions and what you sign is actually read by the voters in the voting booth!! Anything else you read here is a base lie to confuse and mislead you.
We are looking to create a friendly atmosphere that will encourage voter and resident participation. Any town resident can come and not have walk in the snow and ice in January to get signatures. Hooray. This voter seminar allows residents to present their thoughts and sign warrant articles in a friendly, respectful, warm and safe environment.
See you tomorrow. We love you!
Why don't you bring Polito down to the meeting and have him debate Ed Naile?
On second thought, I like the idea of this being a friendly open meeting. Maybe it will catch on in town.
Did you see that picture on the front page of the CNHT website of a dynamic Mark Acciard magestically speaking to hundreds and hundreds of CNHT supporters? That's a picture taken by CNHT staff photographer Gary Brownfield.
I know. I was there!
To Jan.4, 1:36pm;
Keep your lies to yourself. I am not intending to sue anyone, nor am I part of any mafia.
Neither are the people you label as such. In fact the lawsuits that HAVE been filed against the town, ALL had their basis in the outrageous abuses of authority of our chief of police.
If you wish to discuss any of this further, or you find the courage to put face to your anonymous slander, call or email me, but I don't think you will.
How easy it must be to, like our former moderator, hurl stones at others from behind a cloak of anonymity. How courageous.
To January 4, 2012 8:20 AM, I read the January 3, 2012 10:33 PM posting. It says “2011 HB77 was written to over-turn case law resulting from Grant v. Barrington, 156 N.H. 807 in March of 2008.” Maybe I missed something but I think January 3, 2012 10:33 PM is saying that HB77 does prevent town meeting from amending an article down to only the words “To see if the Town will”.
When I looked at the links included in the January 3, 2012 10:33 post I could not find anything that would tell me that HB77 prevents town meeting from amending the wording of a petitioned article as long as the original subject matter is not changed. When I looked at the NH House web site, http://www.gencourt.state.nh.us/legislation/2011/HB0077.html the analysis section for HB77 says: “This bill requires a town that has adopted official ballot voting to retain the substance of the subject matter of a warrant article when it is amended.”
Where did you read that with the passage of HB77 a petitioned warrant article must now go straight to the ballot without any changes? Can you post a link? Thanks
Thanks Phrank. BLAH BLAH BLAH. You mislead & confuse. You have no standing.
The town of Exeter got sued by 11 citizens as a direct result HB 77 was violated.
http://www.seacoastonline.com/
articles/20110221-NEWS-110229966
Warrant articles are to be voted on by the voters. Not manipulated by a group of thugs in a small meeting.
To the previous poster. The vast majority of Atkinson’s more than 4,000 registered voters that do not participate in Atkinson’s town meeting, do so out of personal choice. That is their right as much as it is the right of the 50 – 100 Atkinson residents that do choose to participate in Atkinson’s town meeting. Those that do participate give up an entire Saturday, and sit in an uncomfortable chair for 6 or more hours to do what is necessary to run an almost all volunteer government. These 50 – 100 Atkinson residents do so because they genuinely care about their town, they embrace and support New Hampshire’s over 200 year tradition of town government, and they take seriously their responsibility to as a citizen legislator. Yes a much smaller number of equally dedicated residents unfortunately can’t participate in Atkinson’s town meeting because of work schedule, health, or family care issues.
CNHT’s Ed Naile often condescendingly refers to those 50 – 100 Atkinson residents that choose to participate in Atkinson’s town meeting as thugs and calls Atkinson’s town meeting nothing more than “mob rule”; apparently you agree with him. If Mr. Naile has such disdain for us, might I suggest that his time would be better spent where he hails from and not in Atkinson trying to educate us “thugs” in how he thinks democracy ought to work.
Whoever you are, for you to refer to the 50 – 100 Atkinson residents that do participate in Atkinson’s town meeting as “thugs” is disingenuous at best and more likely reflects your own disdain for those that don’t agree with your views. Maybe if you weren’t so arrogant, and so sure your views are the only correct views, you might be able to garner enough support to pass one of your petitioned warrant articles. JMHO
Deliberative session in Atkinson is run by and for a small group of entrenched political hacks who benefit from working for/with the town. Deliberative Session is about greedily dividing up the goodies (your property tax money) and also attempting to sell an often ridiculous bill of goods on TV. This is done for numbing hours on end.
As of late, the new Moderator, Mr. Garrity has introduced more civility into the traditionally rude and raucous goings on at Deliberative Session. That is a welcome change and long, long overdue. However, the heckling of innocent speakers at the microphone continues. While not as overt as before, the organized intimidation from these town THUGS remains.
Atkinson is now famous state-wide for its overt corruption. It is a problem town as is Windsor and half a dozen others. Hence the constant stream of lawsuits, absurdly high insurance premiums and legal costs, and an almost complete lack of volunteers willing to serve.
They ARE thugs..I went to one meeting where the conman his wife and another couple harassed people they didn't agree with.
I am ashamed I did nothing to stop it but I will now try my hardest to fix this town.
I don't go to the town meeting because of the intimidation of the police department and some town officials, not because I don't care about the town. I no longer volunteer for the same reason. When it stops, I will return. The room is full of mainly town officials and town employees and their families who benefit from being there.
@January 3, 2012 10:33 PM
Thanks for the links you provided and for your well reasoned reply.
I followed the Bailey v Exeter case from the day it was filed, hoping the legal system would do the right thing.
For those who did not follow it, the subject matter of the warrant article was to establish a municipal budget committee for the town of Exeter. This was amended at deliberative session to read:
"Shall the town vote to NOT establish a municipal budget committee".
Judge McHugh stated in his ruling:
"The court finds and rules that the only way the phrase "no warrant article shall be amended to eliminate the subject matter of the article" can be logically read is to conclude that any amendment that made the subject matter of the article a nullity was forbidden," McHugh wrote. "Merely because the majority of the voters at the deliberative session were more clever in the way the amendment was worded to create the nullity does not mean that their action was not violative of the new statute."
McHugh went on to say the new law clearly states the only exception is when money is involved. "It permits the creation of a nullity only when dollars and cents are contained in the warrant article under consideration. All other attempts to render an article void are prohibited."
I think he got it right. If an attempt to nullify an Atkinson warrant article went to court, it would go to Judge McHugh's court, where I don't think any judge hearing the case would disregard his opinion.
So if 25 of your good neighbors place a petition article on the warrant, please do them the courtesy of letting it stand or die at the polls based on its merits.
If a petition article is nullified, the petitioners don't even need to sue. They can just find 25 more friends and force the selectmen to call a special town meeting to revote on their petition. They can do this as many times as they need to, and it's much cheaper for them than going to court.
The last thing Atkinson needs is Groundhog Day Town Meeting.
To anon JMHO January 4, 2012 10:04 PM
You're spin is exactly what's wrong with Atkinson town govt. Attack people and call them names is your standard practice to distract from the message. Blah blah blah. We know your routine.
When a police chief appears and speaks in full uniform at a deliberative session, in my opinion, the purpose of wearing the uniform is clear: to intimidate others from speaking out against the badge. Because if you do, the unspoken implication is: there's gonna be consequences. And he uses Atkinson Cable TV to broadcast the intimidation!
NO POLICE OFFICER SPEAKING AT DELIBERATIVE SHOULD EVER BE ALLOWED TO WEAR THEIR BADGE AND UNIFORM. This should not be permitted by the selectman or the moderator. The police threat always shows up at deliberative and normal voters who would like to go, won’t. Why won’t they?
Behind the badge is a gun, a police car, threat of arrest and harassment. Police powers are very strong and they can do anything they want. Apparently in Atkinson they can do whatever they want without consequence which makes it even worse.
The unstated threat which controls seniors is clear: I don’t want to lose Elderly Affairs services for me or my relatives. I know the threat of losing services is real because I know people who don’t get EA support when asked for it cause they are not “supporters of you know who”. You get punished in town for not being a supporter. You get favors for sucking up and voting his way. I feel bad for those who need and rely on EA services since they are most vulnerable. What a twisted scheme.
I’m repulsed by those who abuse a service they don’t really need but selfishly support a tyrant. You are the worst of the worst in town in my opinion; you have no conscience. What do you really get a few hundred bucks in services? Talk about selling out cheap.
It’s our strong opinion, protected by first amendment rights to free speech, that is backed up by many facts, complaints, websites, articles, documents, lawsuits, and personal testimony from dozens of victims (not just one or two), we do not have mentally stable individuals running our town. I’ve got no intention of going to deliberative session because my name will be written down if I vote a certain way and my name will be tracked as a “non-supporter”. We know it’s going on. The names on any citizen petition are tracked and scrutinized. WE KNOW IT’S TRUE. Why do you think an organization like CNHT is brought in? Because the voters have been silenced by a badge and need a big brother at the playground for protection from the bully with the badge.
Until “the badge” is gone from deliberative, you won't see a many new faces there. If going to deliberative exposes me to getting harassed by a badge, the threat of losing services, I will not expose myself or my family to the risk of mentally unstable people doing whatever they want behind the protection of a badge and doing so without consequence. There, I said it. Now its time for “supporters” spin.
Just my humble opinion I am entitled to under the First Amendment of our Constitution
Thank God for the blog
The problem in Atkinson is small, however they are loud, fat or unhealthy individuals who want to take not earn. They sue the town costing their fellow residents. Complain about the legal cost they're increasing, complain that the residents won't get involved. We don't because of the likes of you. You use the system because you don't succeed on your own! Continue to try to hurt those who are successful. They don't pay their property taxes on time, file for exemptions, cry poor me, I'm out of work, my husband is ill, Im ill. You can look them up in the town hall, see them driving with their handicap sticker so their fat asses don't have to walk to far. You are users, takers, with nothing to give. Drive bye their homes it speaks volumes to who they are and what they contribute to the town and state they take from. Meet the tonight as a group plotting how to get more for free. It's their right. I agree, but we pay the price, for those who abuse the right.
occupy community center
OCC forever
To January 5, 2012 10:58 AM
You are generalizing, narrow minded and your statements are not based on facts.
The problem in Atkinson is not small, it affects seniors and others who are denied services for politcal reasosn, it affects people who are publically ridiculed and slandered and for ced to shut up, it affects everyone when it is not a government of, by and for ALL people.
A small problem of civil rights is a very big issue.
Now, drive by my house and see how nice it is, my taxes are always paid on time, my job is great and my butt is in shape.
Drive by another house and see a horse in the front yard, the street light from town equipment and the rest of the dump. Take a look in a 'rear view' mirror at that house.
To anon January 5, 2012 10:58 AM
A very weak attempt at spin. Again you attack people who speak truth and you don't like hearing it. Town problem small? funny. If its so small then you pay the legal bills caused by a fat headed insolent govt official who creates the problems. You blame the people filing lawsuits yet you fail to ask, why are all these lawsuits being filed? if you looked at facts and documents, you would see.
You don't want hear it because our police chief is at the center of it and he can do no wrong in your mind. People refused to believe the truth about child abusing Catholic priests. Its tough to face someone you believe is a saint actually is the opposite. Another favor-getting supporter who refuses to face the truth.
Please send us more spin. You amuse me.
One person causes all these lawsuits, what about him? Go after the root cause, not those who are victimized.
Come, come to the Atkinson Community center. We will have loads of fun. Enjoy the opportunity to BRING YOUR OWN CITICEN PETITION WARRANT ARTICLE. Here is how you do it. Take out a pen and paper and write down on it, in simple language, what change you would like to see in town. Number 1 to 50. Dont worry if it is not perfect. We will fix it tonight if needed.
Then hand your petition to Mr. Brownfield and he will stack it with the others. Your privacy and confidentiality will be thus protected. So write the truth as you know it. Show your backbone and courage!
TO: All Voters of the Town of Atkinson
FR: Gary Brownfield, Spokesperson – Atkinson Taxpayer Committee
RE: Atkinson Voter Education Seminar & Signing of Citizen Petition Warrant Articles
Location: Atkinson Community Center, 4 Main St., Atkinson NH
Date & Time: Thursday, January 5th, 7:30pm to 9pm.
At this Seminar, attendees will have the opportunity to sign new Citizen Petition Warrant Articles (or bring one of your own). The deadline for submission is Monday, January 9th.
Mr. Gary Brownfield will speak regarding the importance of citizen participation, given that Citizen Petition Warrant Articles now go to the voters without any corruption or change in language. Also, engage with you in a dialogue about the new State proposal to change Town Meetings, and in so doing, enhance transparent town government.
Mr. Ed Naile and Mr. Jorge Mesa-Tejada, CNHT Directors, will give an intriguing Atkinson Voter Education Seminar and will cover the 91-A Law, and how to protect the ballot of the legal voter and the power and authority of the legitimate ballot.
CNHT – (Coalition of New Hampshire Taxpayers) is dedicated to preserving the individual and political freedoms you enjoy in New Hampshire. With an effective statewide effort CNHT seeks to reduce the size of government at all levels, put a stop to judicial activism, provide students and parents with a choice of educational opportunities, expand our job market, and protect our ever shrinking property rights.)
Thank you Tim for your post on the Exeter case. While another judge may consider what Judge McHugh stated in his Exeter ruling, a superior court ruling is not “law”, please see the citation below. You seem to be advising the voters not to amend a petitioned warrant article because the petitioners will sue the town and I think your advice is worth considering. But to me, it feels like a small group is using fear mongering and disinformation to undermine NH’s tradition of town meeting. Here are some examples:
January 4, 2012 9:25 AM said: “Sorry, MORON, but it is now illegal to change the wording of a citizen petition warrant articling WORDING.”
The article Atkinson Voter Education Seminar said: “Mr. Gary Brownfield will speak regarding the importance of citizen participation, given that Citizen Petition Warrant Articles now go to the voters without any corruption or change in language.”
From the previous article, "Atkinson officials question air-quality woes at station", January 4, 2012 5:26 PM says “This bill requires a town that has adopted official ballot voting to retain the substance of the subject matter of a warrant article when it is amended.”
I have looked hi and lo and can find nothing to indicate that HB77 makes it illegal for town meeting to modify the wording of a petitioned warrant article. At least one poster requested that those making that claim please post a link that would back up their claim. So far nothing other than a newspaper article was cited, that article did not say that it is now illegal to change the wording of a citizen petition under HB77.
January 4, 2012 5:26 PM also said "The town of Exeter got sued by 11 citizens as a direct result they felt HB 77 was violated. Go ahead and change the wording and the town will end up like Exeter." This sounds to me like a threat.
How sad that a small but vocal group is spreading disinformation and using threats and intimidation to manipulate the good people of Atkinson. It is even more sad that they complain of intimidation tactics by town officials yet they do not hesitate to do so themselves.
I am looking forward to attending tonight’s Atkinson Voter Education Seminar to get some truthful answers about HB77.
******************************
From NHLGC’s “KNOWING THE TERRITORY”, 2009 EDITION 17 (page 16)
A decision of the New Hampshire Supreme Court is as binding on the town and its officials as the RSAs because the Supreme Court authoritatively interprets New Hampshire law. Decisions of the Superior Court are binding on the parties to the particular cases and often provide important guidance to others with similar cases.
******************************
I did not say anything about advising voters not to amend petition warrant articles. Although there is HB 1176 lurking on the 2012 legislative calendar, which would prohibit amendments. I was advising voters not to nullify warrant articles, because as I pointed out, if you disenfranchise someone they can just collect 50 signatures to force a special town meeting and resubmit the article you nullified.
I actually think HB1176 is a mistake. It would prevent petitioners from amending their own warrant articles for technical corrections, and eliminate budget modifications up or down.
And yes, I will be very surprised if the supremes or any other superior court reverses Judge McHugh's decision. But I have read enough court cases to know that sometimes the result is based more on whether or not the judge had breakfast than on matters of law.
NHLGC is an advisory council, not the law. They offer opinions, that's it.
DON'T FORGET THE "TAKE BACK OUR TOWN MEETING"
Location: Atkinson Community Center, 4 Main St., Atkinson NH
Date & Time: Thursday, January 5th, 7:30pm to 9pm.
To anon January 5, 2012 1:45 PM
You said:
"How sad that a small but vocal group is spreading disinformation and using threats and intimidation to manipulate the good people of Atkinson."
We all know you mean the PD and BOS. Perfectly stated and I agree it's sad.
January 5, 2012 3:25 PM, you must be one of Ed Nail’s Coalition of New Hampshire Tax Payers (CNHT) mafia minions. Ed Nail is constantly dissing the NHLGC because it serves his agenda. But that doesn’t matter, I suggest you ask one of your attorney friends to give you the definition of case law in NH. I’ll bet you 10,000 Romney bucks that the answer is that case law is the law established in the state supreme court.
PS: I guess your opinion is more informed than NHLGC?
Maybe.
We have an RSA that says you can't eliminate the subject. It's clear to me that if you had a petition to make the Chief's job FT and someone tried to eliminate the suject (Chief's job FT) and change it to 'Chief's job PT', it would violate the RSA.
If HB 77 is violated I expect someone will sue the town. It's no threat. Just a fact. Be smart and don't violate the law. We wouldn't have lawsuits if people's rights were protected and the law wasn't violated. The formula's quite simple. FOLLOW THE LAW. Why's it so hard to do here?
The town of Exeter learned the hard way not to violate the law. It only makes logical sense not to repeat their mistakes. Again, what is so hard to understand? Why must you force people to file lawsuits to protect their rights?
Sounds like the same hack lawyer who said you can't take pictures at diliberatives session when it clearly states right in the law you can.
Dopey said: "I have looked hi and lo and can find nothing to indicate that HB77 makes it illegal for town meeting to modify the wording of a petitioned warrant article."
Really are you that dense? You wouldn't be if you were paying the town's legal bills out of your own pocket I can guarantee that.
The whole idea is to let the voters decide. US. Not a group of thugs in a charade deliberative session.
Thanks for the HB 1176 link Tim.
It does seem too extreme, but some of these folks here need it to be more defined that it is now. Some still think you can modify the wording, I don't see that HB 77 gives much room for that, except for monies. You probably can modify it somewhat but you better not change it to be something else.
I completed writing my citizen warrant articles for tonight's meeting.
I am totally proud of myself!!!!!!
I can't wait to change your citizen petitions into meaningless blather at deliberative session and all my thug buddies will vote with me as we knowingly violate HB 77. The town will get sued and I will blame YOU for being the problem.
And DAT'S how we do bidnezz around heauh.
I bet HB 77 was created because of Atkinson.
This January 5th event is the beginning of a yearly tradition. The attempt is to provide a safe and warm environment for citizens to participate in their town government by bringing forward, discussing and signing Citizen Petition Warrant Articles that go straight to the voters without change if wording and intent. Also, the speakers will present important information for Atkinson voters and answer questions regarding confusing topics and reveal you legal rights under the law. Please come and have some fun!!
Come, come to the Atkinson Community center. We will have loads of fun. Enjoy the opportunity to BRING YOUR OWN CITICEN PETITION WARRANT ARTICLE. Here is how you do it. Take out a pen and paper and write down on it, in simple language, what change you would like to see in town. Number 1 to 50. Dont worry if it is not perfect. We will fix it tonight if needed.
Then hand your petition to Mr. Brownfield and he will stack it with the others. Your privacy and confidentiality will be thus protected. So write the truth as you know it. Show your backbone and courage!
Couple of years back, in better times, I gave $1000 to the CNHT to help fight corruption in town. You might consider donating to CNHT too if you like tonight's seminar. You'll probably get more "bang for the buck" than donating your hard-earned cash to Chief Consentino's charity.
How sad that a small but vocal group is spreading disinformation and using threats and intimidation to manipulate the good people of Atkinson. I support the chief. Pleas come resuce me again ;)
~the cat lady~
meow pur meow pur
The Chief raised many good points at the meeting last night. The BOS should have attended, there was good info and we all learned something.
The cat lady.
The new Moderator was there, he's ok in my book. I prefer him over the last one.
resuce
can't spell or interpret rsa's
ya we learned that the bos is doing a lot of illegal stuff
Maybe they don't know this stuff is illegal. We should gather all the 91A issues and ask Garrity to talk to them.
You can't talk to the selectmen about anything because they don't want to know the law (s). They expect the Conman to rescue them when they fail, by arresting ANYONE that doesn't support him (them).
Atkinson may look like a very good town to live in on the outside, BUT looking at the inside, it's a cesspool of corruption. That corruption is caused by an illegal non-appointed chief of police and the board of selectmen that support his corruption.
Ask the selectmen when the last time the Conman arrested anyone. Ask them why he hasn't made an arrest. Then ask them if he were to make an arrest, if the case would be thrown out of court because the Conman is NOT an authorized policeman. The selectmen know this and still don't care that they are putting the town at risk for another lawsuit. Ask them to insist that the Conman make an arrest and see their response.
The selectman are putting the town at risk at taxpayer expense for another lawsuit, while protecting their illegal police chief for their own protection.
Get a GRIP FOLKS.............Consentino is NOT a LEGAL POLICEMAN.
He is a person that can get arrested for IMPERSONINATING A POLICEMAN. The LAW is CLEAR! The selectmen know this and have done nothing to put a stop to it.
The corruption continues. Ask yourself why.
Taxpayers should insist that selectmen not allow Consentino to wear a badge ever again.
Sorry I missed the meeting folks. How was it? I hope you hold another one.
bos is the corrupt ones holding secret phone meetings, bid out kimball house not to excede 4999.00,saying we will take it under advisement and vote on it after public meeting. all 3 need to go,call the ag
Short report on the Voter Education Seminar:
Mr. Ed Naile and Mr. Jorge Mesa-Tejada, CNHT Directors, gave a fantastic Atkinson Voter Education Seminar.
Unbelievable! Everyone benefited and the atmosphere was very cordial. It was jam packed with important information and many questions were asked by participants.
And yes, it was established that Citizen Petition Warrant Articles do go to the voters with the original intent preserved (however any dollar amount can be modified).
Four Citizen Petition Warrant Articles were available for signatures at this years Atkinson Voter Education Seminar.
All warrant articles and signatures must be submitted to Town Hall by Monday, January 9th. For each warrant article below, 25 signatures are necessary but 30 are needed to be safe.
IF YOU WANT THE FOLLOWING ARTICLES TO BE PRESENTED TO THE VOTERS, YOU MUST CALL AND ADD YOUR NAME NOW. It is that simple, folks!
OK, they read as follows:
PETITION TO POST ALL MEETINGS ON THE TOWN WEBSITE
“To see if the Town will vote to direct the Board of Selectmen to post all meetings on the Town website. If this article passes, this will fulfill one of the two public posting requirements.”
(16 signatures now obtained. If you want to sign, contact Mr. Brownfield at 603-329-8338 - day or evening.)
PETITION FOR UNIFORM PROPERTY ASSESSMENT METHODS
“To see if the Town will vote to direct the Board of Selectmen to work with local residence taxpayer group(s) to set and adopt uniform assessment methods and criteria to be used for valuations of all property within the Town’s borders. Selectmen shall schedule municipal workshops immediately upon passage, in order to set uniform standards for fair and proportional assessments.”
(10 signatures now obtained. If you want to sign, contact Mr. Brownfield at 603-329-8338 - day or evening.)
PETITION FOR REDUCED LEGAL EXPENSES
“To see if the Town will vote to prohibit the Board of Selectmen from spending taxpayer money on public officials personal legal fees which the taxpayers have no direct liability for.”
(10 signatures now obtained. If you want to sign, contact Mr. Brownfield at 603-329-8338 - day or evening.)
PETITION TO DISBAND THE CONFLICT OF INTEREST COMMITTEE
“To see if the Town will vote to disband the Conflict of Interest Committee and order the Board of Selectmen to assume all responsibilities of this Committee and discharge and perform all duties incumbent in the Conflict of Interest Ordinance. Also to agreeably follow all rules and regulations of the Constitution and laws of the State of New Hampshire as pertains to Conflicts of Interest in the Town of Atkinson, NH.”
(9 signatures now obtained. If you want to sign, contact Mr. Brownfield at 603-329-8338 - day or evening.)
It is time to do your civic duty. MAKE THAT PHONE CALL.
What about a warrant article for a full time chief of police?
It's time to let residents decide, win or lose.
The deadline for submitting petition artticles is TUESDAY JANUARY 10.
You have only a few days left to write a petition and get signatures. If you want a FT Chief, go do the work.
Big meeting to 10 of you had!
There were more people than that, apparently you weren't there.
So nice to hear how engaging our affable Chief Consentino was at the seminar. I couldn't make it due to a case of the flu. I didn't just fall off the turnip truck. Phil was there to block the creation of any warrant article that would negatively impact the APD and his job. Don't be fooled for a minute.
He was ok to everyone at the meeting, your point?
I think you meant affiable.
Success today! Sabotage was defeated!
The number of signatures for all four Citizen Petition Warrant Articles were obtained today, Sunday. Tomorrow morning they will be stamped in at Town Hall beating the Tuesday deadline. Congratulations to our team of plain, honest, volunteers. See you at the Deliberative Session debate!
Everyone should read this book: "Plain, Honest, Men - The Making Of The American Constitution" by Richard Beeman.
Reminder to everyone. It is illegal to steal campaign signs. Primary signs were stolen last night and I am yet again disappointed in the display of dishonesty in our town.
Phil was there? Why? To indimidate people and take down license plate numbers?
As if he ever wanted voters to be educated. I think not. Educated voters are the last thing he wants.
I want to know why the voter info meeting was not on the town website, not on cable, and not in the paper.
Town was notified (how do you think the Conman found out) but CHOSE TO NOT TELL THE PUBLIC.
Want to guess why?
Letter: Seniors have a place where they can find help
The Eagle Tribune Fri Jan 06, 2012, 02:04 AM EST
To the editor:
Now that the holidays are over and it is starting to get colder out, I want to make sure that all of the seniors in Atkinson are all set for heating fuel. The state and federal government have cut back on fuel assistance and that should not affect any seniors in our town.
Also the cost of prescriptions has gone up and it would be terrible if seniors had to make a decision between heating their home or getting the prescriptions that they need.
It is a pleasure to see that more and more seniors are taking advantage of our "Senior Transportation Program." If they could possible give us a few days notice it would be great for we are providing our seniors with between four to six transports daily and at times we have to be creative to accommodate all the requests.
I would like to thank all of the residents that have donated medical equipment to our senior program. We are constantly receiving requests for the use of all types of appliances. We have everything from walkers to wheelchairs to shower chairs. Just give us a call and we will gladly bring the appliances directly to your home.
No senior in Atkinson should be going without the basic provisions. Please let me help. Just give me a call at the police station at 362-4001 or call me directly at my residence at 362-5627. All calls are strictly confidential.
Philip (Chief) Consentino
Elderly Affairs
Atkinson
Let me see if I have this straight.
The fuel assistance comes from the Police Charitable Private Fund, the Senior Transport paid by the Taxpayers and this is signed by the Police Chief.
Does this ever end?
All four Citizen Petition Warrant Articles, were stamped in with the Town Clerk today, Monday at 1:00pm.
All four Citizen Petition Warrant Articles, were stamped in with the Town Clerk today, Monday at 1:00pm.
Let me translate for you:
"Now that the holidays are over and it is starting to get colder out, I want to make sure that all of the seniors in Atkinson are all set for heating fuel."
TRANSLATION: Now that your relatives are no longer around for the holidays to protect you, I'mmmm Baaaaaaaaaaaack!
"The state and federal government have cut back on fuel assistance and that should not affect any seniors in our town."
TRANSLATION: Only I have the resources to help you. Forget them. It's not really true but it's more convenient for me to manipulate people this way. CART? Never heard of it.
"Also the cost of prescriptions has gone up and it would be terrible if seniors had to make a decision between heating their home or getting the prescriptions that they need."
TRANSLATION: Fear fear fear!! What if, what if, what if ??? Costs for medicine has gone up? Wow, that’s never happened before! You are so right, it would be terrible if I had to forego heat. YOU ARE IN A VULNERABLE POSITION.
"It is a pleasure to see that more and more seniors are taking advantage of our "Senior Transportation Program."
TRANSLATION: Business is not good. I need some new recruits for more votes in March.
"If they could possible give us a few days notice it would be great for we are providing our seniors with between four to six transports daily and at times we have to be creative to accommodate all the requests."
TRANSLATION: Business is really not good. I need more vulnerable people to manipulate for votes.
"I would like to thank all of the residents that have donated medical equipment to our senior program. We are constantly receiving requests for the use of all types of appliances. We have everything from walkers to wheelchairs to shower chairs. Just give us a call and we will gladly bring the appliances directly to your home."
TRANSLATION: We have a lot of generous people in town. Watch me turn those good deeds into votes by obligating vulnerable seniors that can’t afford these things! And I take credit for all the donations as if it came out of my pocket. I love free stuff!
"No senior in Atkinson should be going without the basic provisions. Please let me help. Just give me a call at the police station at 362-4001 or call me directly at my residence at 362-5627. All calls are strictly confidential."
TRANSLATION: Now that you’re sufficiently fearful please call me and I’ll be glad to prey on vulnerable seniors in need of help. I’ll be glad to misappropriate tax dollars budgeted for police department resources and spend money I’ve bullied others into “donating” their “support” to me in the form of cash for my “police charitable fund” that has nothing to do with police, but I use to obligate vulnerable seniors for votes. Need heat? Just gimme a call, wink, wink. Please be sure to follow my letter of voting instructions I’ll send you before March elections.
Don't tell me all the good he does for the seniors. It's a twisted, disgusting scheme to manipulate people and votes.
Letter: Seniors have a place where they can find help The Eagle Tribune Fri Jan 06, 2012, 02:04 AM EST To the editor: Now that the holidays are over and it is starting to get colder out, I want to make sure that all of the seniors in Atkinson are all set for heating fuel. The state and federal government have cut back on fuel assistance and that should not affect any seniors in our town. Also the cost of prescriptions has gone up and it would be terrible if seniors had to make a decision between heating their home or getting the prescriptions that they need. It is a pleasure to see that more and more seniors are taking advantage of our "Senior Transportation Program." If they could possible give us a few days notice it would be great for we are providing our seniors with between four to six transports daily and at times we have to be creative to accommodate all the requests. I would like to thank all of the residents that have donated medical equipment to our senior program. We are constantly receiving requests for the use of all types of appliances. We have everything from walkers to wheelchairs to shower chairs. Just give us a call and we will gladly bring the appliances directly to your home. No senior in Atkinson should be going without the basic provisions. Please let me help. Just give me a call at the police station at 362-4001 or call me directly at my residence at 362-5627. All calls are strictly confidential. Philip (Chief) Consentino Elderly Affairs Atkinson
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