Strang v. Lambert: Judge denies Strang request to prevent GAC meeting, recognize him as commissioner; Strang says he never resigned

LACONIA — Former Gunstock Area Commissioner Dr. David Strang filed a legal complaint against Commissioner Doug Lambert in the early hours of Aug. 15 for staging an alleged “coup d’etat.” Strang also requested the court recognize his status and powers as a current commissioner.

In an ex parte filing, Strang requested the court stop the special meeting Lambert called for later that day, declare Strang as a sitting member and chair pro tem of the GAC, restore his access to GAC email, audit and legal information, and “invalidate actions including votes, taken in violation of unilaterally removing” Strang as GAC commissioner and chair pro tem. 

Before the 11 a.m. GAC meeting later that day, Lambert filed a response and a request for dismissal of Strang’s complaint.

Judge Elizabeth Leonard denied Strang’s request on Aug. 15 “on an ex parte basis,” according to court records. A hearing on the matter is scheduled for Sept. 2 at 8 a.m. 

Strang’s complaint states that, having never submitted a letter of resignation, he never resigned from the GAC. Regardless of the disputed legality of the Aug. 1 Belknap County Delegation meeting that accepted his alleged resignation, he claims to therefore remain vice chair and chair pro tem of the GAC, not Lambert. 

A quorum of the Belknap County Delegation called an emergency meeting on Aug. 1 to appoint new Commissioner Denise Conroy. At a GAC meeting the day before, Strang said: “If the County Delegation can hold an emergency meeting to name additional Commissioners such that quorum is not jeopardized, and the Commission can continue to function, then I would be happy to tender my resignation at that time.”

The delegation, having convened an emergency meeting and appointed Conroy, voted to accept Strang’s statement as a resignation.

The complaint goes on to accuse Lambert of a “coup d’etat” by declaring himself chair pro tem. The GAC bylaws state that in the absence of the chair and vice chair, the secretary shall serve as temporary chair. Strang claims the Aug. 15 meeting to be illegal — and Lambert to have broken GAC bylaws by calling it — because it was called by someone other than the temporary chair and excluded an alleged sitting member.

An ex parte motion per New Hampshire law is one where an emergency merits a judge to take action without proper notice to all sides of a dispute. Ex parte requests must convince a judge that irreparable harm will result if the order is not adopted.

The complaint said that to allow the meeting to occur without Strang’s notice and preparation and to not recognize him as GAC chair pro tem would cause irreparable harm to Strang and to the citizens of Belknap County, but did not delineate what that harm would be.

In his response and request for dismissal, Lambert said that the proceedings of the Aug. 1 delegation meeting have not been deemed illegal and therefore the acceptance of Strang’s resignation stands. Given this and the fact that former Chair Peter Ness resigned on July 29, Lambert argues that GAC bylaws legally validate his assumption of chair pro tem duties and therefore also the Aug. 15 meeting.

Strang is therefore not a current GAC member and cannot have access to emails or audit and legal information, Lambert’s response claims. 

According to Lambert’s response, Strang’s complaint demonstrates no emergency or consequent irreparable harm. Since the delegation acted to remove him more than 12 days prior to the filing, the response states, Strang had ample time to pursue action.

Lambert also states that Strang “seeks to wrongly interfere with the necessary and ongoing business of the Gunstock Area Commission as it seeks to uphold its required duties in the oversight and management of the Gunstock Recreational Area.” 

Strang’s complaint takes as given that the delegation’s acceptance of his alleged resignation on Aug. 1 is invalid. Lambert argues that since the legality of that meeting and its proceedings have not been legally struck down, Strang’s argument should be directed at the delegation, not at him.

The legality of the Aug. 1 meeting has been questioned by delegation Chair Rep. Mike Sylvia of Belmont, who did not attend. A requested restraining order filed by Stephen Peterson against the delegation to prevent the Aug. 1 meeting was declared moot by Judge Amy Ignatius on Aug. 2 because the court was unaware of the filing until after the meeting had taken place. A hearing for that filing remains scheduled for Sept. 20, at 8 a.m., according to court records.

Prior to the emergency meeting called by Rep. Harry Bean (District 2, Gilford and Meredith) and nine other delegates, County Attorney Andrew Livernois released a letter he had written to Sylvia affirming its legality. 

At Monday’s GAC meeting, Sylvia told Lambert that Strang did not resign and that “all action will be challenged. Everything you do today and in the future is going to be before the court.” 

Strang could not be reached for comment.  

After the meeting, Lambert said he felt the move "was meant to scare us into canceling this meeting.” 

“He’s trying to rewind the clock,” Lambert said. “He’s got to take this up with the delegation. Until a court directs otherwise, we continue moving forward.”