Budget Committee screws the pooch

For those with a military background, You will understand the title. For the rest of you, it means a screw up. Tuesday evening the Budget committee had one of the shortest public hearings on record. in a short 90 minutes they managed to go through the budget and warrant articles. Oh how we long for the days of Jane Cole, Brian Boyle, and Mark Acciard as Budcom chairs, when the law was adhered to, procedure followed, every budget line was read aloud, and everything was open and transparent, but, of course that takes a little longer than 90 minutes.

However, I digress, it was at the end of this 90 minute public hearing that something extraordinary happened. The BudCom that wrote and prepared the budget could not agree to vote for it and pass it onto the legislative body for ratification. When it came time to vote for the budget the vote was split 3-3. A TIE!. This has never before happened. Since the Budcom could not agree to approve the budget they, on camera, motioned and approved a decision to recess and continue the meeting to last night at 7pm, in the hopes that they would be able to get ahold of Harold Morse to break the tie.

Now let the pooch screwing commence. ACTV had a notice posted yesterday announcing that 10 minutes after the cameras were turned off, Tuesday night, the Budcom met again, and voted NOT to continue the meeting until last night. According to informed sources this was done on the august legal advice of Barbara Snicer, whose immense legal talents are not to be questioned. She apparently advised the Budcom that they did not need to vote on the budget to pass it onto the Legislative body.

Unfortunately, Ms. Snicer(where did she obtain her law degree? Cracker Jacks?) is wrong. According to LAW, The Budcom must have a public hearing 25 days prior to Town Meeting. This public hearing was only 11 days prior, First mistake. At the public hearing, the Budcom may choose to continue, or hold a second public hearing to resolve matters, or when the meeting runs past midnight. IF, they declare the date and time of the subsequent meeting during the first public hearing, the requirement to post notice of the meeting for 7 days is waived. IF they DO NOT, decide this during public session at the first meeting, then the second meeting must have notice posted 7 days in advance of the second meeting.

So, here is how we now stand, Having failed to pass a budget the town LEGALLY has no budget for the legislative body to discuss or approve at Town meeting. The second meeting after the cameras were turned off on Tuesday night was likely illegal as it had not been posted, there was no legal reason for a non public, and the meeting had formally been continued to the following night. Ms. Snicer should refrain from giving any more colossally stupid legal advice. AND last but certainly not least in order for this to be rectified LEGALLY, another meeting would have to be posted. Public hearings require 7 day posting notification, meaning if posted today the meeting could not take place until the 28th, preventing the proper time for posting of the warrant prior to town meeting.

NOW, I should also point out that this is somewhat academic as the NH Dept. of Revenue Administration is utterly useless at enforcing their own laws, and likely would not prevent the town's budget from being presented over these violations of law. Remember in TODAY'S political climate the law ONLY matters when your opponents violate it. Those familiar with Atkinson's political elite, have observed this maxim first hand.