County Commissioners want to see the emails

LACONIA — The lion's share of the county delegation's $50,000 legal bill will remain unpaid so long as emails between the law firm and two key delegation members are kept secret. That was the unanimous decision of County Commission on Monday night.

Taking up the matter after fervent public comment, the Belknap County Commission voted to table the delegation’s request for an additional $30,000 to cover legal fees incurred by the delegation until further information regarding the lawsuit is released. The Commission's vote reflected public sentiment, as not a single speaker on Monday night spoke in favor of Reps. Norm Silber and Mike Sylvia, the delegation members who acted as the "control group" that communicated with a law firm defending the delegation against a suit brought by the Gunstock Area Commission. 

The county's legal bill became an issue because the delegation had initially authorized $20,000 for legal services. Silber and Sylvia didn't inform the delegation, sometimes referred to as the county convention, of the growing cost until the final bill came in at more than double the amount authorized.

“The leadership of the convention has been, to say the least, disingenuous to the public, anyone actually, about how this was handled,” said Meredith resident Rick DeMark, “I don't believe it’s in my interest as a taxpayer in Belknap County, or to the process, to cover this bill until there is full disclosure on the part of the convention on how the bills were incurred, and what the costs were actually paid for. Even then, I’m not sure I’d support the payment of the bill because there was a cap put on it by the delegation of $20,000.”

For months, the delegation was represented by the law firm Cleveland Waters and Bass in a legal battle with the Gunstock Area Commission. The legal fees come as part of the delegation’s defense against an injunctive action brought on by the GAC after Sylvia suggested removing multiple GAC commissioners. The GAC has since paid its legal fees, but the delegation’s bill remains unpaid and over budget.

Gunstock Commissioner Gary Kiedaisch spoke publicly at the county commissioner meeting, summarizing the initial dispute between the GAC and the delegation from his perspective and cited emails, quotes, and Sylvia’s refusal to meet with and speak with members of the GAC in a mediated environment to work out their differences. Several weeks ago, Sylvia suggested that the GAC be responsible for paying the delegation’s legal defense. 

“Our review of the legal bills indicate work began before the delegation was given the authority to spend $20,000 for legal expenses,” Kiedaisch said. “The bills clearly show much of the work by the firm was being done outside of the defense. This is really troubling. I could break down what I think was defense, but without access to the emails between Cleveland Waters and Bass, Silber, Sylvia, Commissioner Ness, and GAC commissioner Strang, which is extremely strange, that two commissioner that are part of the party suing the delegation are working and creating documents with the opposing party’s lawsuit.”

During communications with the firm, delegation chair Mike Sylvia and Rep. Norm Silber declared themselves the “control group” of the delegation without an initial vote or discussion with fellow members.

Delegation member Mike Bordes also spoke publicly, but on behalf of himself as a taxpayer, not a representative, after personally assessing the legal bills from the law firm. 

“There’s numerous items that are very questionable to me as a taxpayer that I want more information on,” Bordes said. “I really wish chairman Sylvia and Representative Silber would release the emails so we all have a better understanding. They’re reluctant to do that. But as far as the [county] commissioners go, I wouldn’t pay that bill personally until I had all the information at hand.”

Silber has explained the creation of the  “control group” and excluding the rest of the delegation as a way to keep their communications with the firm from the public. According to Silber, having a control group grants attorney-client privilege, thus providing a legal shield that would not normally be in place to a governing body like the delegation.. 

“If those [communications] are released to the delegation, they would be subject to disclosure to the public via 91A,” Silber said at the May 3 County Delegation meeting, referring to the state's right-to-know legislation. 

Both the Daily Sun and Meredith resident and representative candidate Matt Coker have sent 91A Right-to-Know requests to Silber and Sylvia, only to be denied under “attorney-client privilege”. 

Coker also spoke at the meeting, describing the denial of his request. 

“I’m totally against paying for the additional bills they racked up,” Coker said. “I think you guys(the county commissioners) are the final check for this. We owe it to the taxpayers to know what’s contained in those emails before we pay those bills. Because ultimately that’s the only way we know that the delegation and control group stayed within the bounds of what was authorized.”

After public comment, the county commissioners voted to table the delegation’s request of payment.

“It’s my opinion that we would be doing the taxpayers of Belknap County a severe disservice if we did not at least request that the full convention receive unredacted emails,” said Commissioner Peter Spanos.  

Commissioner Glen Waring stated that he agreed with Spanos, and pointed out his concern with the creation of the so-called “control group”.

“The declaration by representative Sylvia and Silber of  a control group,” said Waring. “I’ve read the case that was referenced in that, and I don’t see how a political body falls into the realm of what is described and what can be a control group, so I’m of full understanding and belief that the 18 representatives are the client, and they are entitled to all communication with the law firm both two ways, nor did Silber and Sylvia have any authority to encumber or incur fees to the county or the delegation beyond $20,000 until they had authority by the delegation to do that.”

Waring also expressed concern with the law firm, Cleveland, Waters and Bass’s alleged ignorance of the $20,000 limit. 

“I certainly thought they would have done their due diligence and got copies of the minutes approving that engagement where there was a motion to set the fees at $20,000. For the law firm to claim they did not know there was a limit of $20,000, I don’t give them merit to that claim, as that was a public vote with public minutes that set that.”

A call to Cleveland, Waters and Bass was not immediately returned.

“I think we’re unanimous,” said Commissioner Hunter Taylor, “Quite frankly, I think this information should go to the taxpayers. Everybody should get to see it. When somebody’s hiding something, it tells me something’s there, and boy, is something being hidden here. Certainly, I’m not going to vote to pay this bill until the full delegation has gotten the emails and the opportunity to evaluate what these two did in light of the authorization they had been granted.”

Taylor also suggested that Silber and Sylvia recuse themselves from a vote to release the correspondence. Waring and Spanos agreed, and County Administrator Debra Shackett added the request of recusal to the commission’s official letter to the delegation.

The Daily Sun reached out to Reps. Sylvia and Silber for comment. Sylvia did not pick up, and Silber declined to comment.