This pretty much fills the missing piece of the RTK lawsuit...
[Cross-posted at GraniteGrok].
As we continue to wait to find out if the words written in NH's Right-to-Know law (RSA 91-A) actually mean what they say or not, another long-time citizen-activist of Laconia has weighed in with an observation that we can only hope the judge reads before rendering his final decision on our suit in Superior Court.
Letter to the Editor,
After reading the Citizen's article, "Judge won't block Belknap County Sheriff appointee" and Laconia Daily Sun's article, "Judge won't stop Wiggin from becoming sheriff but wants time to determine if process was proper", it appeared obvious to me that there's some confusion between a "public officer" and a "public employee"..In the Laconia Daily Sun it says that,"Mohl interrupted to point out the Convention could have treated filling the vacancy as making an appointment or hiring an employee and, while complying with the Right -to-Know law, held all its proceedings in non-public session. "Given that they could have done that, if I'm right," he asked, "what's the harm of doing part of it by secret ballot in public session?""Mohl did say that if the process was an appointment, as Lambert and Tardif contend, the delegation would have been well within their rights to enter a nonpublic session for the vote."The position of Belknap County Sheriff is that of a public officer as defined in "TITLE LXIII ELECTIONS Chapter 661 vacancies among public officers elected at state elections" "RSA 661:9 County Officers." Officers are elected positions like, City Councilors, Selectmen, County Delegation, County Sheriff, Governor, etc. these are not employees. The Right-to Know Law RSA 91-A "TITLE VI PUBLIC OFFICERS AND EMPLOYEES Chapter 91-A Access to public records and meetings Section 91-A:3 Nonpublic Sessions." Section II says what matters may be acted on in NONPUBLIC SESSION. Section II. (b) says, "THE HIRING OF ANY PERSON AS A PUBLIC EMPLOYEE." The title of 91-A "Public Officers" and "Employees" makes a distinction between the two. Section II (b) doesn't included Public Officers because they are either elected, or appointed to an elective position when a vacancy occurs. BELKNAP COUNTY SHERIFFS ARE NOT HIRED.
David Gammon
Laconia, NH
Dave really nails it. The lawmakers of Belknap County, with their actions in the replacement of our sheriff, have essentially and effectively become lawbreakers...
Comments
I is amazing that a judge can not make a decision when all the facts are clear. Who is he protecting could it be that the powers that be can't admit they made a mistake.
Posted by: pricilla | July 12, 2007 07:10 AM