Below is a c&p from the meeting minutes,
Pursuant to RSA 673:11, Chairman Tedford would like to appoint alternate officials when a representative of the Selectboard is unavailable to attend a committee meeting. Selectman Fraser makes a motion to appoint Sherman Tedford as her (Roberta Fraser) alternate member for the Budget Committee. Selectman Whippie seconds the motion and it passes 5-0. Chairman Tedford makes a motion to nominate Ted Whippie as Kenneth Berthiaume’s alternate representative for the Planning Board. Selectman Fraser seconds the motion and it passes 5-0.
This from the NHLGC; New Hampshire law does not authorize selectmen to create a standing pool of alternates, or even to appoint a “temporary” alternate to fill in for an absent selectman. This may present certain logistical challenges, particularly with three-member boards of selectmen, but that is the way the law is written. However, if a selectman is disqualified from participating in a specific matter because of a conflict of interest, the remaining members of the board may appoint a former selectman to fill in for that one specific matter. RSA 43:7. The disqualified selectman continues to be a board member and to participate in all other matters as usual except the one from which he or she is disqualified. In the unlikely event that an entire board of selectmen is disqualified, the board may ask the superior court to appoint former selectmen to handle the matter. RSA 43:8.
It would seem that by appointing alternates for themselves they have acted in an illegal manner.
5 comments:
With so many questions to be answered about the selectmens' ability to do their job properly, perhaps it is time for a sweeping change of faces. Maybe some retirements would give them some time to brush up on things. It wouldn't be a bad idea if their meetings were video taped, like other towns do to insure quality and honesty in their elected officials.
Not surprised,what a shame.
splitting hairs are we ????
I am so thankfull that someone is on top of all this.. I just hope we can get more people informed as to what is going on. It's a shame that it has all come to this. I also agree that a video taping should be present .. however, who would we trust to do it, and how much would that be? Nevertheless, it's definately something that should be on the table.
Don't slip on the ice
To answer our question did the selectmen act in an improper manner; we received an email from Bob Davis, who had received the following email from Bob Gray. Seems there was some confusion on the part of the selectmen on what RSA they were actually following; which resulted in us questioning their action.
"With regard to the blog about the possibility of the Board acting illegally: At first it might appear that way because the Statute cited is RSA 673:11 which specifically addresses the issue of an alternate selectmen's rep. to sit on the planning board if the need arose. The selectmen's meeting minutes in the blog are from, had to do with a selectmen representative alternate to sit on the Budget Committee if the need arose. Although the incorrect statute was cited in the minutes, the law does provide for the appointment of an alternate selectmen's rep on the budget committee and this alternate is appointed by the select board itself. The correct statute for this is RSA 32:15 (b). So, the Board was acting properly when they appointed an alternate rep. for the Budget Committee because RSA 32:15(b) allows it. I have asked Ellen to bring these particular minutes back before the Board for a correction to the statute cited in these minutes."
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