Sanbornton Selectmen change minutes to different clause of the RTK law

SANBORNTON - Acting upon the advice of the town attorney, selectmen voted Wednesday night to continue to keep the minutes of a selectman's conversation with an alternate member of the zoning board private but to change the cited exception in the state's Right-to-Know Law.

Town Administrator Robert Veloski said yesterday that Atty. Christopher Boldt told them the meeting between ZBA member Ann Littlefield and the board "would have been appropriate had the board cited RSA 91-A(3)(c)" beforehand — a clause that allows a nonpublic session if the discussion would adversely affect the reputation of another person.

The exact wording of the (c) clause is, "matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting."

The official minutes of the meeting of July 7 had indicated the board went into nonpublic session with Littlefield to discuss the hiring, compensation or disciplining of a municipal "employee". But a 2009 memorandum on the state's Right-to-Know Law authored by the Attorney General's office notes that, "filling a vacancy of an elected or appointed public office is an 'appointment' and not the 'hiring' of a public employee." The N.H. Supreme Court case of Lambert v. Belknap County Delegation was cited as the applicable authority on the matter.

Selectmen have come under fire from some members of the zoning board, and scrutiny from the media, after allowing Littlefield to conduct her July 7 interview for her reappointment to the ZBA in a private session.

Littlefield is the only person appointed to a town regulatory board who has met with selectmen in private, although the board has interviewed a number of people for various board positions in public — including Jim Wells who was also reappointed to the Zoning Board that same evening.

Selectmen have defended their decision to interview all new appointments and reappointments to various town boards saying it is their responsibility to put the right people in those positions and to make sure appointees understand the time commitments and responsibilities of their respective boards.

In the case of the reappointments, detractors say that the same three selectmen appointed them initially and as seasoned members of their Boards, are already well aware of the time commitments and duties.

Some members of the ZBA, including Chair Jim VanValkenburg and former member Bill Whalen, have said the selectmen are trying to unduly influence its decisions.

Selectman Andrew Livernois was not at the Wednesday night meeting.