Laconia charter clearly requires public hearing

To The Daily Sun,

Laconia taxpayers may be disappointed but not surprised by the City Council’s secret, non-transparent, meetings. The article published on Dec. 19, 2019, reported that “last year” the city spent $342,000, which was not disclosed until Dec. 09, 2019. The fact is the purchase agreements for properties intended for future municipal use were accomplished in 2018 /2019 Fiscal Year, not last year, a result of the nonpublic meeting of Feb. 25, 2019, in which the less-than-transparent meeting took action under Section 5:06 voted by a two-thirds majority of the Council. No exception exists to ignore the required public hearing to discuss said Supplemental appropriations. No public hearings exist pertaining to any after-budget action. The lack thereof invalidates any authority to encumber $103,000 or $342,000. THE DIRTY DEEDS ARE DONE. SO WHAT NOW?

The 10 Wilson Ct., P & S, was signed on 14 March 2019, sales date 03/18/2019 (FY 2018/2019) as documented in the City’s assessment inventory for $103,000. The Belknap County Record of Deeds also is indisputable proof of an illegal withdrawal from the city treasury by transfers from one department with City Manager approval or transfers from department to department with City Council approval. (Section 5-57)

The public announcements were presented as simple oversights; failures of complying with RSA 91-A, the typical; “it’s easier to get forgiveness than permission”. What is problematic is the violations reek of malfeasance or mis-feasance by all officials involved. Money was encumbered in this calendar year after the FY 2018/2019 budget was adopted. (Charter Sections 5:06, RSA 49-C: 23 and Section 5-57) clearly requires public hearings to accomplish these purchases and the source of funds required withdrawals from the treasury. (RSA 5:08) Moreover, the exterior walls of the Wilson Ct. parcel consist of asbestos siding, a costly removal process not revealed. The purchases were completed in FY 2018-2019 budget ending June 2019, and prior to July of 2019. All the supplemental purchases made prior to the end of June 2019 are illegal. Therefore, any new purpose invoked sections of the Charter and Laws regarding any supplemental appropriations, including the sources of money required prior to encumbering any money from any sources; line items or other.

The right to know regarding public funds goes beyond RSA 91-A. The multiple purchases clearly rise to egregious failure by officials to uphold their oath of office, appointed or elected.

No appropriation shall be made for any purpose not included in the annual budget as adopted unless voted by a two-thirds majority of the Council after a public hearing held to discuss said appropriation. The Council shall by resolution designate the source of any money so appropriated. RSA 49-C: 23 the budget Process and Fiscal Control specifically mandates that the charter provides procedures for appropriation of funds: (RSA 49-C: 23 VI. Sect. 5:06).

Who enforces the Right to Know, the Charter or RSA’s? Will the County Sheriff, NH AG investigate the obvious illegal action? (RSA 32:12.)

Thomas A. Tardif

Laconia