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I'm not a vendor, employee or subcontractor of City of Laconia

  • Published in Letters

To The Daily Sun,

More on my quest to have my court fees returned to me for the mistake made by the City of Laconia in the September 10, 2013 Laconia Ward 5 Primary without having to fill out an IRS W-9 Form. City Clerk Mary Reynolds and the City Attorney Laura Spector-Morgan claim in their Motion for Reconsideration as follow, "By order dated November 19, 2013, this Court (Smukler, J.) granted petitioner his costs in this matter. This decision was made following a hearing on November 19, 2013 of which undersigned counsel never received notice. As the Court is aware, undersigned counsel is not in the habit of failing to attend scheduled hearings and, in fact, to her memory, has never in 15 years failed to appear at a hearing of which she had notice. The Laconia City Clerk therefore ass that the Court reconsider its Order in part."

In an article in The Laconia Daily Sun on October 4, 2013 by Michael Kitch titled, "Gammon Feels Vindicated by Ward 5 Vote Recount": "Gammon had also asked the court to order the city to reimburse his $278 in court costs. A hearing on the issue is scheduled in Merrimack County Superior Court on November 19, but in the meantime city attorney Laura Spector-Morgan offered to approach City Manager Scott Myers about footing the bill to spare the city further legal costs."

In an article in the Laconia Citizen by Amanda Newman, "Error Confirmed Through Primary Election Recount": "A hearing on the costs, which amount to a total of $278, has been set for 9 a.m. on Nov. 19 at the Merrimack Superior Court in Concord."

At the Court Hearing on January 21, 2014, Laconia City Clerk Mary Reynolds again did not appear but Laconia City Attorney Laura Spector-Morgan was there to argue why I am required to fill out an IRS W-9 Form. The City Attorney claims that I am required to because the City of Laconia's Internal Control Policy, page 5, states, "A W9 should be on file for all payments before a check is released. At least annually, the clerk processing the AP vouchers should self audit their records to be sure a W9 is in place for each Vendor."

On the IRS W-9 Form, "Purpose of Form": "A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payments card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA."

I am not a vendor, employee, sub contractor ect. of the City of Laconia. Return of Courts Fees is not income. Why should I have to go through this just to have our 3 votes count.

What is it costing the taxpayers of Laconia to pay Attroney Laura Spector-Morgan to fight for this $280.76? In order to force me to perjury myself by filling out a W-9 form.

David Gammon