Embattled Gunstock commissioner to keep his seat

Peter Ness will keep his seat on the Gunstock Area Commission despite allegations of conflict of interest and insulting behavior toward resort employees, the Belknap County Legislative Delegation decided Monday after refusing to take public testimony on the issue.

Commission members voted no confidence in Ness and asked for his removal in response to an attorney’s report that included allegations that he repeatedly tried to sell his snow sports instruction software program to the county-owned ski area.

The report also alleged he criticized the appearance and skiing ability of its human resources director and disrupted ski instructors, reducing one to tears, and questioned a ski patroller's abilities and equipment.

Ness declined comment.

The delegation decided, 11-5, not to act against Ness.

Rep. Timothy Lang, who was on the losing side of that vote, said the allegations were serious enough that the delegation should have taken testimony to get to the bottom of the matter.

“Having actual first-hand conversations with people rather than a piece of paper would have been the way to review it,” he said Tuesday.

In an interview, Rep. Mike Sylvia, the delegation chairman, said public testimony is optional at public hearings and wasn’t necessary to decide this issue.

The report from attorney Tom Quarles was in the record as was a response from Ness, who said there was no conflict because nothing was actually sold. He disputes the allegations about his behavior toward employees as unsubstantiated, anonymous and false hearsay.

“As I read the law, a conflict requires a sale, an actual transaction,” Sylvia said. “The fact of the matter is that four of the commissioners are dead set against a transaction and it is not going to happen.

“I’ve attended the majority of Gunstock Commission meetings and there never was a sales pitch made.”

Gary Kiedaisch, chairman of the commission, said in an interview Tuesday that it was incredible that public comment was not allowed at the delegation meeting concerning the actions of Commissioner Ness.

“His intent to sell his software to the company has been numerous and at all levels of the company,” he said.

A state law prevents holders of public office from selling or buying goods worth more than $200 to “or from the state or political subdivision under which he holds his public office.”

Kiedaisch said Ness badgered employees, for example quizzing one instructor on the “seven principles of teaching skiing.”

“I have a Level 3 Professional Ski Instructors of America certification, ran the Stowe Ski Area for eight years, was ski school director at Sunday River, and I couldn’t tell you the seven principles,” Kiedaisch said.

He defended Gunstock ski school instructors as having good teaching and communication abilities and said the school’s director is one of the best the area has ever had.

Kiedaisch also said that if a commissioner sees something of concern at the ski area, the proper course would be to bring up the issue with the general manager.

“We have five commissioners and 18 delegates,” he said. “If each is going to approach employees and say, ‘I don't like the way you’re doing things,’ we’re going to have chaos.”

He also objected to a proposal made by Rep. Norm Silber and approved by the delegation stating that Gunstock should not be run like a private business but rather as a department of the county and be subject to oversight by the delegation similar to other county departments.

The issue was not on the agenda and no public comment was sought.

Silber said he has also introduced a bill to require the commission to seek approval for the Gunstock budget from the delegation.

“I think it (the commission) is basically out of control and needs to be brought back under control of the delegation,” Silber said.

Gunstock operates under a 1959 enabling statute that gives the commission authority to use revenues from the area for maintenance, operation, improvement and working capital. It is required to make an annual financial report to the delegation.

“I can’t imagine building a budget and setting it up with 18 delegates, most of whom don’t understand the business,” Kiedaisch said.

“It’s hard enough to get some of them to read our financials and all they need to do is go online.”

He said Gunstock’s financial performance last year was excellent. The commission has been involved in a master planning process to make significant improvements at the resort.

Under Gunstock's enabling legislation, the county legislative delegation appoints Gunstock Area Commission members and can remove them for cause after a public hearing.