New Hampshire Town and City, November/December 2005
By Greg Langan
We all assume that background checks are being done on teachers, summer day camp counselors and nursing home staff in order to protect our children and vulnerable adult populations. Are these checks being done on all staff who work for schools, municipal recreation departments and elder care facilities? Are the checks being done on volunteer staff or just employees?
The passage of the National Child Protection Act (NCPA) in 1993, the Violent Crime Control Act of 1994, and the Volunteers for Children Act of 1998 provided the states with the authority to enact legislation requiring schools and organizations serving vulnerable populations to conduct background checks on employees, contractors and volunteers.
Legislation requiring background checks and criminal record checks is the responsibility of each state’s governing bodies; there is no federal law requiring background checks. Since it is each state’s responsibility, there is no single, uniform requirement for criminal record checks of employees, contractors and volunteers.
The Need for Background Checks
Congress and the nation are convinced that criminal record checks are a good method to screen teachers, caregivers, program staff, and others who have contact with children and vulnerable populations. The data on crimes against children, compiled by the U.S. Department of Justice (DOJ), provides statistical evidence that criminal record checks are valuable:
* 59 percent of current prisoners with a child victim had been previously convicted of a crime.
* 42 percent of current offenders with a child victim and a prior criminal history had a past conviction for a violent crime against either children or adults.
* 19 percent of current child victimizers convicted of prior violent crimes had been convicted in the past of statutory rape, lewd acts with a child or child abuse.
Criminal record checks will never be able to identify every potential victimizer of children and vulnerable populations, especially those without a criminal record. Nevertheless, the DOJ data provides rationale for conducting those checks in order to remove applicants with criminal records from the employee selection process.
The Case for Volunteer Background Checks
The U.S. Department of Justice data, cited earlier, validates an assumption that offenders will repeat. Screening will identify those with prior criminal convictions. More than 87,000,000 children are involved in activities that depend on volunteer staff persons. Millions of other vulnerable citizens also are involved in volunteer-staffed activities. The sheer number of potential victims is likely to attract attention from potential volunteers with a criminal predator background, looking to find a new victim.
The United States Congress and state legislatures have recognized the problem and have passed legislation that provides organizations with access to law enforcement databases for criminal record checks. With the passage of the Volunteers of Children Act in 1998, all organizations that provide education, recreation or care for children and vulnerable populations have access to national fingerprint-based criminal history checks. The American Youth Soccer Association, Little League Association, Boy Scouts of America and countless other organizations dedicated to children’s activities are requiring background and criminal record checks on staff and volunteers.
Criminal background checks are becoming the norm for employers. Whether it is a result of the post-9/11 terrorism concerns, the perceived need for additional security in the workplace or the fear that employers face involving liability for failure to screen, employer-requested criminal history checks are not commonplace. The trauma suffered by the victims of sexual and physical abuse cannot be measured against the cost to complete the criminal history background checks. Admittedly, the school district, the city recreation department or the county nursing home will have to deal with the cost of the criminal background reports. Consider one school district in the northeast: 28,000 students and 2,200 volunteers. The cost of completing criminal history checks for the 2,200 volunteers, if it could be done for $28 per volunteer, would amount to more than $60,000.
What Records Should Be Reviewed for Background Checks?
A “volunteer background check" could involve checking a number of records, including:
* · Driving records
* · Professional licenses
* · Past employment records
* · Credit history
* · Criminal records
* · References
* · Education
* · Interviews
The type of record that is reviewed should have some bearing on the role and responsibility that the volunteer is seeking to undertake. Checking criminal records will yield information about criminal behavior. Reviewing driving records will provide insight into the volunteer’s driving behaviors. Credit history records may be useful if the volunteer will be handling cash or financial transactions. Past employment records may provide information about the volunteer’s stability or work responsibility.
If convictions are predictive of future behavior, why not use arrest records in the screening process, too? Case law, based on Title VII of the U.S. Civil Rights Act of 1964, bars the use of arrest data in screening processes for paid positions. It is wise to assume that the same case law would also preclude using arrest data for screening volunteers. The screening process should consider convictions and only those arrests for which final disposition is pending.
The criminal history record check is a screening tool, not a selection tool. Do not make the assumption that every volunteer who “passes" the criminal check will be able to contribute to the organization. There should be volunteer selection criteria that are used after the volunteer applicant clears the criminal history record check.
Is There Any Defense for Organizations that Don’t Do Criminal Checks?
Courts are increasingly holding employers liable for negligent hiring practices that result in injury to other employees or to third parties. The employer is expected to use reasonable care in hiring employees and to take steps to prevent injury where there is a foreseeable risk. Any legal distinction between employer-employee negligent hiring and employer-volunteer hiring is likely to be irrelevant, especially in a setting where volunteers are interacting with children and vulnerable populations.
The Volunteer Protection Act, signed into law by President Clinton in 1997, provides some immunity for volunteers from claims for injury or damage to others while the volunteer is performing their duties. It does not, however, provide immunity for willful, wanton or illegal acts committed by the volunteer. The act was never intended to provide liability immunity for the organization.
In a recent case involving sexual molestation by a volunteer, the defendant, a school, had not conducted a criminal record check on the volunteer. The prosecution alleged negligence because there had been no background check, even though the check would have revealed no criminal history for the volunteer.
In another case, the plaintiff invoked 42 USC Section 1983, alleging that the organization had been “deliberately indifferent" to protect the student’s right to personal body integrity. The deliberate indifference was manifest in the organization’s lack of background screening and the absence of a policy on reporting suspected sexual abuse of students. Furthermore, the organization had never instructed staff and volunteers in recognizing the warning signs of abuse or provided guidelines for dealing with such suspicions.
Are There Other Options to Doing a Criminal Record Check?
There are organizations that are asking their volunteers to sign “Behavioral Expectation Policies" that outline the expected behaviors of volunteers when working with children and vulnerable populations. While some of the behaviors are fairly specific, such as, “staff and volunteers may not hug any child," there are a number that are less specific, such as, “represent the organization by being a positive role model." The lack of specificity in the latter example renders it ineffective for describing expected behaviors.
Even with the signature of the volunteer, indicating agreement with the policy, there is no assurance that the volunteer will abide by the policies. If the volunteer violates the Behavior Expectations, the organization may have grounds to release the non-compliant volunteer from service. But the policy does nothing to protect children and vulnerable populations from abuse and victimization.
Are There Other Risk Management Controls that Should Be in Place?
There are a number of other risk management techniques to guard against opportunities for victimization that should be integral with the operation of the organization:
* • Minimize (or eliminate) the times when a volunteer has isolated one-on-one contact with children or vulnerable populations.
* Ensure that supervision practices permit close monitoring of the staff and volunteers with children and other vulnerable populations.
* • Change facility design to reduce or eliminate private, secluded areas within buildings that could be occupied by volunteers working with children and vulnerable populations.
* • Require supervisors to interact face-to-face with children and vulnerable populations to detect any concerns.
* • Establish policies that limit contact between the volunteer and the children or vulnerable population, outside of the organization’s activities.
* • Consider whether changing volunteer assignments periodically would be appropriate for inhibiting the development of close relationships.
* • Develop and adopt a policy that requires the reporting of all suspicious conduct to a law enforcement or protective services agency—and then train all staff and volunteers on the policy and the reporting procedures.
Criminal history background checks are insufficient to absolutely guarantee the protection of children and vulnerable populations. Criminal checks will only uncover criminal predators with a criminal record. The background checks must be coupled with other risk management procedures to help the organization protect against victimization by volunteers.
What Do I Need to Do to Get Authorization to Conduct Background Checks on Volunteers?
Volunteer applicants should authorize the organization to conduct the background check. While it may be possible to check public records to obtain some of the information that would be checked in the background investigation, it is always advisable to have the volunteer applicant sign the authorization before commencing any checks. If the volunteer applicant is unwilling to authorize the background check, the organization should not read anything into the refusal, but should withdraw the invitation to apply for a volunteer position.
Your local law enforcement agency will be able to advise your organization about the authorization form that is required for the criminal history background check. If the process involves a national search through the FBI database, your local law enforcement agency will be able to provide the criminal history questionnaire, fingerprint cards and authorization forms.
If the background check is being conducted by a commercial investigative or commercial consumer reporting service, the requirement of the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act of 2003 (FACTA) will apply. The volunteer applicant must complete an authorization form that is on a page separate from all other application information. This authorization form must identify the types of information that will be provided by the reporting company and include the authorization signature of the volunteer applicant.
Further, if the report will include interviews with others, the organization must give notice of the individual’s right to ask about the nature and scope of the report. If the organization needs medical information in the report, an additional authorization will be required.
Every organization should be aware that there are obligations placed on those who receive reports from commercial investigative or commercial consumer reporting agencies:
* • The organization has an obligation to notify the subject of a back-ground check before taking any adverse action based on information included in a report. An example would be if the volunteer applicant is not offered a position based on information included in the report.
* • The volunteer, depending on the state, may be able to receive a copy of the report at no cost.
* • The volunteer is entitled to receive a copy of the report if there is any “adverse" volunteer position decision.
* • The volunteer is entitled to challenge the accuracy and completeness of the information in the report directly with the consumer reporting or consumer investigative reporting agency.
* • The information in the report should be treated as confidential and should only be available to those persons in the organization who need to know the information in order to make a decision on the volunteer applicant.
* • Disposal of consumer information reports must be through shredding paper copies and erasing electronic data copies so that the information cannot be reconstructed.
*Summary
Criminal predators may be trying to infiltrate our schools, recreation departments and elder care facilities. The DOJ confirms what the media has been reporting: Criminal predators will continue to seek new victims until they are stopped.
An effective way to identify known criminal predators is through criminal history background checks. Congress and state legislatures have opened access to fingerprint-based criminal history databases for employee and volunteer record checks. States have responded by requiring criminal record checks as part of the certification screening for some professionals and pre-employment screening for some positions.
Prudent risk management practices suggest that, “what is good for the goose, is good for the gander." Anyone working closely with children, whether it is a teacher or a volunteer, a softball coach or a summer day care provider, should be subject to the same criminal record check screening process. Anyone working closely with vulnerable adult populations, whether it is a registered nurse or a patient transport aide, should be subject to the same criminal record check screening process.
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Wednesday, March 31, 2010
Troubleshooting on Election Day .. Food For Thought
New Hampshire Town and City, February 2010
By C. Christine Fillmore
An election is a complex event. Election officials spend a lot of time each year learning election laws and preparing for the election so that it will run smoothly. There are always a few questions, however. These are some of the more common questions that arise among our members each year.
Q. Who is in charge of elections?
A. The selectmen are responsible for setting up the polling place according to the requirements of RSA 658:9. However, the moderator is the chief election officer in charge of the polls on election day. It is the moderator’s duty to make certain all election officials understand their roles and fulfill them on election day. RSA 659:9. Of course, all election officials serve an important role. Municipal election officials may include any moderator, deputy moderator, assistant moderator, town clerk, deputy town clerk, city clerk, deputy city clerk, ward clerk, selectman, supervisor of the checklist, registrar or deputy registrar. RSA 652:14. The moderator may also appoint other election officials as he or she deems necessary. RSA 658:7.
Q. Do the selectmen have to be at the polling place on election day?
A. Yes. The New Hampshire Constitution, Part 2, Article 32, provides that “[t]he meetings for the choice of governor, council and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns….” The Secretary of State’s New Hampshire Election Procedure Manual: 2008-2009 states that, for “other elections, if the selectmen are not on-site during the election, they should be available for recall to the polls by the clerk or the moderator. The selectmen should be prepared or have town employees prepared to deal with any problems, such as light bulbs illuminating the polling booths burning out, that might develop during voting.”
It is important to note, however, that town elections are conducted in the same manner as state elections pursuant to RSA 669:25, so the rules for election procedures for state elections should generally be followed for town elections as well.
Q. What if we run out of paper ballots?
A. The town or city clerk should create more “unofficial” ballots following RSA 658:35. Photocopies should be made of an unused official ballot, and each photocopy should be signed or initialed by the clerk before being issued to a voter. This helps to prevent fraud by distinguishing the properly-created unofficial ballots from fraudulently created ballots. RSA 659:24. An accurate record should be kept of the total number of unofficial ballots created and the number of those that were actually used by voters.
Q: Do we have to allow people to “observe” the election from inside the polling place?
A. Yes. Any person has a right, as safety, welfare and rights of voters permit, to observe in-person voter registration, wherever it is conducted. However, observers must be located at least five feet from the registration table where the exchange of nonpublic information between the applicant and the election official receiving the application may be heard or seen. When a person registers to vote on election day, the election official shall announce the person’s name twice and also announce the address the person has registered as his or her domicile one time. These announcements will be made in a manner that allows any person appointed as a challenger to hear the announcement. RSA 654:7-c (effective August 21, 2009); RSA 666:4.
The selectmen should have the guardrail set up so that only those within the rail can approach within six feet of the ballot box and voting booths, and so that the voting booths and ballot box are within plain view of those observing from outside the rail. RSA 658:9.
Q. How do we handle it when someone challenges a voter?
A. Challenges may be made by any other registered voter in the town or ward (in writing only), by any election official, or by any challenger appointed by a political party or by the Attorney General with the proper signed statement from the political party/Attorney General. RSA 659:27; RSA 666:4-:5. A challenge may be made at any time until the voter puts his or her ballot into the ballot box or voting machine.
If a voter is challenged, the moderator may not receive that person’s vote until the challenged voter signs and gives to the moderator a Challenged Voter Affidavit (prepared by the Secretary of State). The affidavit must be sworn before an election official or any other person authorized by law to administer oaths. The challenged voter may then be permitted to vote. RSA 659:30.
The clerk must keep a record of all challenges including the name and address of the voters completing the affidavits, the affidavits, the name of the person challenging and the reason for the challenge, and report the challenge on the State’s ElectioNet system. RSA 659:27 – RSA 659:33. See the Secretary of State’s election manual for complete instructions regarding challenges.
Q. Who decides how campaigning at the polls will be controlled?
A. The moderator, under authority from the New Hampshire Constitution, Part 2, Article 32, as well as RSA 659:9 and RSA 659:43. According to the Secretary of State’s manual, “[a] voter must be able to come into a polling place and cast his or her vote, without being accosted or interfered with by those who may be participating in electioneering or other activities at the voting place such as bake sales, public information displays on issues not before the voters at the election, public displays by civic groups and so on.”
It is the moderator’s duty to ensure that no illegal electioneering occurs at the polling place. RSA 659:9. The moderator should control all areas from the building entrance to the room where the voting occurs. The moderator is also responsible for setting up a 10-foot wide “no-electioneering zone” from the building entrance extending as far into the driveway or parking area as the moderator deems appropriate. In addition, the moderator should designate an election official to periodically check the voting booths and remove any materials left there, including campaign materials or other items left by voters. RSA 659:43.
Q. What is illegal electioneering?
A. Illegal electioneering includes distributing or posting campaign materials within the building where the election is being held as well as the areas leading to the polling place. RSA 659:43, I, II. It is also illegal for an election officer or public employee to electioneer while in the performance of his or her official duties. RSA 659:44; RSA 659:44-a.
Q. Can a municipality regulate the distribution of campaign materials or electioneering by ordinance?
A. Yes, to some extent. Under RSA 31:41-c and RSA 47:17, XIV-a, towns and cities have the power to make ordinances regulating both the distribution of campaign materials and electioneering that “affects the safety, welfare and rights of voters at any election.” However, municipalities cannot regulate: (1) the display of campaign materials attached to any legally parked motor vehicle; or (2) activities conducted wholly on private property that do not interfere with voter access or exiting of the polling place. In towns, ordinances regulating such election activities must be provided to the town clerk immediately after adoption so that they may be available to candidates filing for office. The ordinances must also be posted at each polling place at least 72 hours in advance of any town election.
Q. Do we have to allow exit polls?
A. Voters may not be obstructed or interfered with as they enter or exit the polling place, or as they vote within the polling place. Other than this, however, there are no legal restrictions on exit polling. Therefore, it may make the most sense for the moderator to adopt a policy regarding an acceptable place for exit polling (or other non-voting activities, such as bake sales) to occur, such as an adjacent vacant room or hallway that does not interfere with the customary entrance pathway, exit pathway, or railed area.
Q. Can campaigners give voters preprinted stickers with the name of a write-in candidate to paste onto their ballots?
A. No, New Hampshire statute and case law clearly prohibit this. RSA 659:65 provides that “a ballot shall be regarded as defective in part and that part shall not be tabulated if either or both of the following conditions exist:…(b) the ballot has attached to it an adhesive slip, sticker or paster not prepared in accordance with RSA 656:21 in the space for any office….” RSA 656:21, in turn, provides that the Secretary of State may authorize the use of pasters for state elections when a candidate dies or is disqualified and the name of a substitute candidate must be used.
While RSA 659 is a statute that applies generally to state elections, the New Hampshire Supreme Court has held that the prohibition on stickers also applies to town elections. Kibbe v. Milton, 142 N.H. 288, 291 (1997). The only instance in which a statute permits the use of pasters or stickers on a town ballot is in the limited circumstance when a candidate dies or makes oath that he or she no longer qualifies for the office. In that case, the town clerk is required to omit the name from the ballot, and if ballots have already been printed, to cover the name with pasters. RSA 669:22.
“Even when the voters’ intent is clear, if the means they employed to indicate their vote does not substantially comply with the applicable statute, their attempt to vote is a failure.” Kibbe v. Milton, 142 N.H. at 293. Although the Court noted that “the right to vote is cherished and protected by our State Constitution,” it still concluded that RSA 659:65, II(b) legally regulates the manner by which a voter may not express his or her vote. See id. at 293-94.
Q. Can members of the public observe the counting of the ballots?
A. Yes. Just as the public may observe voter check-in from outside the rail, the public must be permitted to observe the counting of the ballots from outside the rail. This means that the doors should not be locked when the polls are closed. Ballot counting “shall not be adjourned nor postponed until it shall have been completed.” When the polling place is rearranged for counting after the polls are closed, counting tables must be located at least four feet from the rail, and no ballot may be placed any closer to the rail than four feet. RSA 659:63.
Q. How soon does the winner take over the office?
A. If a person has run unopposed and no write-in candidate has received five percent or more of the votes for that office, that person may be sworn in at any time after the results are declared and, in a traditional town meeting town, after the business session of the meeting has ended. RSA 42:3. Otherwise, so long as no recount has been requested, a person elected to an office that was contested or for which a write-in candidate received five percent or more of the vote may be sworn in at any time after the deadline for requesting a recount (the Friday following the election). RSA 42:3; RSA 669:30.
Q. How long do people have to take the oath of office?
A. Every town officer is required to take the constitutional oath of office. RSA 42:1. The board of selectmen may decide when the oath will be taken (so long as it is after the end of the recount period under RSA 669:30). RSA 42:3. It is the town clerk’s job, either “immediately, or in accordance with the time adopted by the governing body, if one has been adopted,” to notify the person by a police officer (personal notice or notice left at their home) or by registered mail, to appear before the clerk within six days after receiving the notice to take the oath. RSA 42:4. If he or she does not appear within six days after personal notice, or notice left at their home, or after returning (if they were absent when the notice was left), and in any case within 30 days after the election, the position is legally deemed to be vacant. RSA 42:6; RSA 652:12, IV. It is also worth noting that that person is guilty of a violation and is subject to fines. RSA 42:6; RSA 625:9 (classification of violations as crimes).
Q: If no one runs for a position, does the write-in with the most votes win?
A. Yes. The person who receives the most votes wins the election, whether they ran for the position or were written in by voters.
Q: What if the person with the most votes declines to take the position after being elected? Do we offer the position to the person with the next-highest number of votes?
A. No. This is a common misconception. If the person who won the election declines to take the office, the position is vacant. RSA 652:12, IV. Check RSA 669:62 through RSA 669:75 for the method to fill a vacancy in a particular municipal office. The law designates a particular board or official to appoint someone to fill each category of vacant position. Generally, the person appointed will serve only until the next annual election (rather than the rest of the unexpired term), at which time the office is open once again and someone will be elected to fill the remainder of the term, if any, or a new term, if the original term has ended. RSA 669:61. However, for some positions, the law provides that the appointee will fill the entire unexpired term. RSA 669:73 (trustees of trust funds); RSA 669:74 (highway agents).
Effective August 25, 2008, towns may adopt an optional procedure by town meeting vote to fill vacant positions. This option is available if a vacancy exists and the board or official with authority to appoint someone to fill it has not appointed anyone within 45 days after at least one legally qualified person has applied in writing for the position. In towns which have formally adopted this procedure, voters may petition the selectmen to hold a special town election to fill a vacancy. The petition for special election must be filed at least 90 days before the next annual election. The person elected at the special election serves until the next annual election, when voters elect someone to fill the remainder of the unexpired term (if any) or a new term (as appropriate). RSA 669:61, IV.
By C. Christine Fillmore
An election is a complex event. Election officials spend a lot of time each year learning election laws and preparing for the election so that it will run smoothly. There are always a few questions, however. These are some of the more common questions that arise among our members each year.
Q. Who is in charge of elections?
A. The selectmen are responsible for setting up the polling place according to the requirements of RSA 658:9. However, the moderator is the chief election officer in charge of the polls on election day. It is the moderator’s duty to make certain all election officials understand their roles and fulfill them on election day. RSA 659:9. Of course, all election officials serve an important role. Municipal election officials may include any moderator, deputy moderator, assistant moderator, town clerk, deputy town clerk, city clerk, deputy city clerk, ward clerk, selectman, supervisor of the checklist, registrar or deputy registrar. RSA 652:14. The moderator may also appoint other election officials as he or she deems necessary. RSA 658:7.
Q. Do the selectmen have to be at the polling place on election day?
A. Yes. The New Hampshire Constitution, Part 2, Article 32, provides that “[t]he meetings for the choice of governor, council and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns….” The Secretary of State’s New Hampshire Election Procedure Manual: 2008-2009 states that, for “other elections, if the selectmen are not on-site during the election, they should be available for recall to the polls by the clerk or the moderator. The selectmen should be prepared or have town employees prepared to deal with any problems, such as light bulbs illuminating the polling booths burning out, that might develop during voting.”
It is important to note, however, that town elections are conducted in the same manner as state elections pursuant to RSA 669:25, so the rules for election procedures for state elections should generally be followed for town elections as well.
Q. What if we run out of paper ballots?
A. The town or city clerk should create more “unofficial” ballots following RSA 658:35. Photocopies should be made of an unused official ballot, and each photocopy should be signed or initialed by the clerk before being issued to a voter. This helps to prevent fraud by distinguishing the properly-created unofficial ballots from fraudulently created ballots. RSA 659:24. An accurate record should be kept of the total number of unofficial ballots created and the number of those that were actually used by voters.
Q: Do we have to allow people to “observe” the election from inside the polling place?
A. Yes. Any person has a right, as safety, welfare and rights of voters permit, to observe in-person voter registration, wherever it is conducted. However, observers must be located at least five feet from the registration table where the exchange of nonpublic information between the applicant and the election official receiving the application may be heard or seen. When a person registers to vote on election day, the election official shall announce the person’s name twice and also announce the address the person has registered as his or her domicile one time. These announcements will be made in a manner that allows any person appointed as a challenger to hear the announcement. RSA 654:7-c (effective August 21, 2009); RSA 666:4.
The selectmen should have the guardrail set up so that only those within the rail can approach within six feet of the ballot box and voting booths, and so that the voting booths and ballot box are within plain view of those observing from outside the rail. RSA 658:9.
Q. How do we handle it when someone challenges a voter?
A. Challenges may be made by any other registered voter in the town or ward (in writing only), by any election official, or by any challenger appointed by a political party or by the Attorney General with the proper signed statement from the political party/Attorney General. RSA 659:27; RSA 666:4-:5. A challenge may be made at any time until the voter puts his or her ballot into the ballot box or voting machine.
If a voter is challenged, the moderator may not receive that person’s vote until the challenged voter signs and gives to the moderator a Challenged Voter Affidavit (prepared by the Secretary of State). The affidavit must be sworn before an election official or any other person authorized by law to administer oaths. The challenged voter may then be permitted to vote. RSA 659:30.
The clerk must keep a record of all challenges including the name and address of the voters completing the affidavits, the affidavits, the name of the person challenging and the reason for the challenge, and report the challenge on the State’s ElectioNet system. RSA 659:27 – RSA 659:33. See the Secretary of State’s election manual for complete instructions regarding challenges.
Q. Who decides how campaigning at the polls will be controlled?
A. The moderator, under authority from the New Hampshire Constitution, Part 2, Article 32, as well as RSA 659:9 and RSA 659:43. According to the Secretary of State’s manual, “[a] voter must be able to come into a polling place and cast his or her vote, without being accosted or interfered with by those who may be participating in electioneering or other activities at the voting place such as bake sales, public information displays on issues not before the voters at the election, public displays by civic groups and so on.”
It is the moderator’s duty to ensure that no illegal electioneering occurs at the polling place. RSA 659:9. The moderator should control all areas from the building entrance to the room where the voting occurs. The moderator is also responsible for setting up a 10-foot wide “no-electioneering zone” from the building entrance extending as far into the driveway or parking area as the moderator deems appropriate. In addition, the moderator should designate an election official to periodically check the voting booths and remove any materials left there, including campaign materials or other items left by voters. RSA 659:43.
Q. What is illegal electioneering?
A. Illegal electioneering includes distributing or posting campaign materials within the building where the election is being held as well as the areas leading to the polling place. RSA 659:43, I, II. It is also illegal for an election officer or public employee to electioneer while in the performance of his or her official duties. RSA 659:44; RSA 659:44-a.
Q. Can a municipality regulate the distribution of campaign materials or electioneering by ordinance?
A. Yes, to some extent. Under RSA 31:41-c and RSA 47:17, XIV-a, towns and cities have the power to make ordinances regulating both the distribution of campaign materials and electioneering that “affects the safety, welfare and rights of voters at any election.” However, municipalities cannot regulate: (1) the display of campaign materials attached to any legally parked motor vehicle; or (2) activities conducted wholly on private property that do not interfere with voter access or exiting of the polling place. In towns, ordinances regulating such election activities must be provided to the town clerk immediately after adoption so that they may be available to candidates filing for office. The ordinances must also be posted at each polling place at least 72 hours in advance of any town election.
Q. Do we have to allow exit polls?
A. Voters may not be obstructed or interfered with as they enter or exit the polling place, or as they vote within the polling place. Other than this, however, there are no legal restrictions on exit polling. Therefore, it may make the most sense for the moderator to adopt a policy regarding an acceptable place for exit polling (or other non-voting activities, such as bake sales) to occur, such as an adjacent vacant room or hallway that does not interfere with the customary entrance pathway, exit pathway, or railed area.
Q. Can campaigners give voters preprinted stickers with the name of a write-in candidate to paste onto their ballots?
A. No, New Hampshire statute and case law clearly prohibit this. RSA 659:65 provides that “a ballot shall be regarded as defective in part and that part shall not be tabulated if either or both of the following conditions exist:…(b) the ballot has attached to it an adhesive slip, sticker or paster not prepared in accordance with RSA 656:21 in the space for any office….” RSA 656:21, in turn, provides that the Secretary of State may authorize the use of pasters for state elections when a candidate dies or is disqualified and the name of a substitute candidate must be used.
While RSA 659 is a statute that applies generally to state elections, the New Hampshire Supreme Court has held that the prohibition on stickers also applies to town elections. Kibbe v. Milton, 142 N.H. 288, 291 (1997). The only instance in which a statute permits the use of pasters or stickers on a town ballot is in the limited circumstance when a candidate dies or makes oath that he or she no longer qualifies for the office. In that case, the town clerk is required to omit the name from the ballot, and if ballots have already been printed, to cover the name with pasters. RSA 669:22.
“Even when the voters’ intent is clear, if the means they employed to indicate their vote does not substantially comply with the applicable statute, their attempt to vote is a failure.” Kibbe v. Milton, 142 N.H. at 293. Although the Court noted that “the right to vote is cherished and protected by our State Constitution,” it still concluded that RSA 659:65, II(b) legally regulates the manner by which a voter may not express his or her vote. See id. at 293-94.
Q. Can members of the public observe the counting of the ballots?
A. Yes. Just as the public may observe voter check-in from outside the rail, the public must be permitted to observe the counting of the ballots from outside the rail. This means that the doors should not be locked when the polls are closed. Ballot counting “shall not be adjourned nor postponed until it shall have been completed.” When the polling place is rearranged for counting after the polls are closed, counting tables must be located at least four feet from the rail, and no ballot may be placed any closer to the rail than four feet. RSA 659:63.
Q. How soon does the winner take over the office?
A. If a person has run unopposed and no write-in candidate has received five percent or more of the votes for that office, that person may be sworn in at any time after the results are declared and, in a traditional town meeting town, after the business session of the meeting has ended. RSA 42:3. Otherwise, so long as no recount has been requested, a person elected to an office that was contested or for which a write-in candidate received five percent or more of the vote may be sworn in at any time after the deadline for requesting a recount (the Friday following the election). RSA 42:3; RSA 669:30.
Q. How long do people have to take the oath of office?
A. Every town officer is required to take the constitutional oath of office. RSA 42:1. The board of selectmen may decide when the oath will be taken (so long as it is after the end of the recount period under RSA 669:30). RSA 42:3. It is the town clerk’s job, either “immediately, or in accordance with the time adopted by the governing body, if one has been adopted,” to notify the person by a police officer (personal notice or notice left at their home) or by registered mail, to appear before the clerk within six days after receiving the notice to take the oath. RSA 42:4. If he or she does not appear within six days after personal notice, or notice left at their home, or after returning (if they were absent when the notice was left), and in any case within 30 days after the election, the position is legally deemed to be vacant. RSA 42:6; RSA 652:12, IV. It is also worth noting that that person is guilty of a violation and is subject to fines. RSA 42:6; RSA 625:9 (classification of violations as crimes).
Q: If no one runs for a position, does the write-in with the most votes win?
A. Yes. The person who receives the most votes wins the election, whether they ran for the position or were written in by voters.
Q: What if the person with the most votes declines to take the position after being elected? Do we offer the position to the person with the next-highest number of votes?
A. No. This is a common misconception. If the person who won the election declines to take the office, the position is vacant. RSA 652:12, IV. Check RSA 669:62 through RSA 669:75 for the method to fill a vacancy in a particular municipal office. The law designates a particular board or official to appoint someone to fill each category of vacant position. Generally, the person appointed will serve only until the next annual election (rather than the rest of the unexpired term), at which time the office is open once again and someone will be elected to fill the remainder of the term, if any, or a new term, if the original term has ended. RSA 669:61. However, for some positions, the law provides that the appointee will fill the entire unexpired term. RSA 669:73 (trustees of trust funds); RSA 669:74 (highway agents).
Effective August 25, 2008, towns may adopt an optional procedure by town meeting vote to fill vacant positions. This option is available if a vacancy exists and the board or official with authority to appoint someone to fill it has not appointed anyone within 45 days after at least one legally qualified person has applied in writing for the position. In towns which have formally adopted this procedure, voters may petition the selectmen to hold a special town election to fill a vacancy. The petition for special election must be filed at least 90 days before the next annual election. The person elected at the special election serves until the next annual election, when voters elect someone to fill the remainder of the unexpired term (if any) or a new term (as appropriate). RSA 669:61, IV.
Sunday, March 28, 2010
Experimenting with new forum for discussions
We'll be opening a new site soon, one where everyone will have to register to take part in any discussions. Unlike this blog, which will remain open, the new site will have no anonymous option. You will have the option of posting under your own name or choosing a nickname; however a valid email address will be required to receive notifications from us and to validate your membership. This will keep out spammers, spiders and other nefarious characters and protect everyone from malicious web surfers who install Trojans and viruses in pictures and private messages. The new Forum will have many new features and allow you the freedom to post pictures with your comments if you so desire. It will be open to everyone and we invite the CAST and WGYB organizations to join and will provide a separate section for them to post their news and upcoming events to better inform all of the citizens of Winchester. We hope you all will take part in helping us unite the people of Winchester and work to solve the many issues our town has.
Friday, March 19, 2010
So just who do you go to when the governing board passes the buck?
I read this in the Reader's Opinion section of the Keene Sentinel and sat there shaking my head. Then I received a few emails and a few phone calls in regards to this letter and was asked if what was being said was " don't come to us with your problems, we're not interested". I'm sure Gus didn't mean that; but you have to wonder, just who is in charge when the governing body states it's not the place to bring your issues to in regards to other boards. Are we suppose to take our issues to court to get answers?
Published: Thursday, March 18, 2010
Thank you to all the people who, on March 9, voted me into office again as a Winchester selectman.
I also appreciate those folks who took the time to attend the Meet the Candidates session on a nice Sunday afternoon.
My heart is in Winchester, and my intention is to continue to work hard to assure that Winchester persists in moving forward, improving our image and making the town a pleasure to live in.
As a selectman I will continue to do my best to cut costs while maintaining the services and infrastructure that Winchester has. But (and there is always a “but”) as costs go up and if budgets get cut even more, services for the town and maintenance of the infrastructure are eventually going to suffer.
I urge Winchester residents to attend select board meetings to find out for themselves what really goes on there. The meetings may not be exciting, but they are always informative.
It’s the right place to ask about things you don’t understand, and to speak your mind about concerns you may have. It will give you a better understanding of the details of managing a town.
The select board isn’t the place to bring issues you may have with the planning board, zoning board, police or school, but we will listen and let you know what we can and can’t do for you and who you should contact if we are not the appropriate board to handle your problem.
GUS RUTH
So what do you think? How many of you have gone before this board or contacted them with an issue? How many of you have received a satisfactory answer to your issue and how many of you, like me, are still waiting for an answer months later?
Published: Thursday, March 18, 2010
Thank you to all the people who, on March 9, voted me into office again as a Winchester selectman.
I also appreciate those folks who took the time to attend the Meet the Candidates session on a nice Sunday afternoon.
My heart is in Winchester, and my intention is to continue to work hard to assure that Winchester persists in moving forward, improving our image and making the town a pleasure to live in.
As a selectman I will continue to do my best to cut costs while maintaining the services and infrastructure that Winchester has. But (and there is always a “but”) as costs go up and if budgets get cut even more, services for the town and maintenance of the infrastructure are eventually going to suffer.
I urge Winchester residents to attend select board meetings to find out for themselves what really goes on there. The meetings may not be exciting, but they are always informative.
It’s the right place to ask about things you don’t understand, and to speak your mind about concerns you may have. It will give you a better understanding of the details of managing a town.
The select board isn’t the place to bring issues you may have with the planning board, zoning board, police or school, but we will listen and let you know what we can and can’t do for you and who you should contact if we are not the appropriate board to handle your problem.
GUS RUTH
So what do you think? How many of you have gone before this board or contacted them with an issue? How many of you have received a satisfactory answer to your issue and how many of you, like me, are still waiting for an answer months later?
Tuesday, March 16, 2010
IRS visits Sacramento carwash in pursuit of 4 cents
By Bob Shallit
bshallit@sacbee.com The Sacramento Bee
Published: Saturday, Mar. 13, 2010 - 12:00 am | Page 1B
Last Modified: Saturday, Mar. 13, 2010 - 9:58 am
It was every businessperson's nightmare.
Arriving at Harv's Metro Car Wash in midtown Wednesday afternoon were two dark-suited IRS agents demanding payment of delinquent taxes. "They were deadly serious, very aggressive, very condescending," says Harv's owner, Aaron Zeff.
The really odd part of this: The letter that was hand-delivered to Zeff's on-site manager showed the amount of money owed to the feds was ... 4 cents.
Inexplicably, penalties and taxes accruing on the debt – stemming from the 2006 tax year – were listed as $202.31, leaving Harv's with an obligation of $202.35.
Zeff, who also owns local parking lots and is the president of the Midtown Business Association, finds the situation a bit comical.
"It's hilarious," he says, "that two people hopped in a car and came down here for just 4 cents. I think (the IRS) may have a problem with priorities."
Now he's trying to figure out how penalties and interest could climb so high on such a small debt. He says he's never been told he owes any taxes or that he's ever incurred any late-payment penalties in the four years he's owned Harv's.
In fact, he provided us with an Oct. 22, 2009, letter from the IRS that states Harv's "has filed all required returns and addressed any balances due."
IRS spokesman Jesse Weller isn't commenting "due to privacy and disclosure laws."
Zeff says he's as offended as much as anything else by what he considers rude behavior by the IRS guys. While at Harv's, he sniffs, "they didn't even get a car wash."
Read more: http://www.sacbee.com/2010/03/13/2604016/irs-suits-pay-visit-to-car-wash.html#ixzz0iLZ6AJhc
bshallit@sacbee.com The Sacramento Bee
Published: Saturday, Mar. 13, 2010 - 12:00 am | Page 1B
Last Modified: Saturday, Mar. 13, 2010 - 9:58 am
It was every businessperson's nightmare.
Arriving at Harv's Metro Car Wash in midtown Wednesday afternoon were two dark-suited IRS agents demanding payment of delinquent taxes. "They were deadly serious, very aggressive, very condescending," says Harv's owner, Aaron Zeff.
The really odd part of this: The letter that was hand-delivered to Zeff's on-site manager showed the amount of money owed to the feds was ... 4 cents.
Inexplicably, penalties and taxes accruing on the debt – stemming from the 2006 tax year – were listed as $202.31, leaving Harv's with an obligation of $202.35.
Zeff, who also owns local parking lots and is the president of the Midtown Business Association, finds the situation a bit comical.
"It's hilarious," he says, "that two people hopped in a car and came down here for just 4 cents. I think (the IRS) may have a problem with priorities."
Now he's trying to figure out how penalties and interest could climb so high on such a small debt. He says he's never been told he owes any taxes or that he's ever incurred any late-payment penalties in the four years he's owned Harv's.
In fact, he provided us with an Oct. 22, 2009, letter from the IRS that states Harv's "has filed all required returns and addressed any balances due."
IRS spokesman Jesse Weller isn't commenting "due to privacy and disclosure laws."
Zeff says he's as offended as much as anything else by what he considers rude behavior by the IRS guys. While at Harv's, he sniffs, "they didn't even get a car wash."
Read more: http://www.sacbee.com/2010/03/13/2604016/irs-suits-pay-visit-to-car-wash.html#ixzz0iLZ6AJhc
Saturday, March 13, 2010
The Election Is Over
By Kim N. Gordon
I am a firm believer that communication is key to building a solid relationship. Our town has a lot of rumors flying around, and because people do not communicate or confirm whether the information they have heard is factual or not, they tend to believe it. As a result, I see there is a lot of division in this town - created by finger pointing, back stabbing and credibility lost from inaction. Many times, you simply need to consider the source and know that it’s fallacious.
My advice is to ask those who can give you the honest and correct answer. There are a few that would like to believe that The Winchester Informer is not the proper place and I would have to agree. It’s simply a platform to learn the facts and find out what is going on around town, a barometer for what’s happening. You can “blog” rumors all you want, but it’s important that the facts are presented here and then you confirm them for yourself.
The majority of people in this town are too busy to run to town hall, to request copies of minutes or attend meetings, but they can sit down at the computer when they have a spare moment. I believe that it is important that everyone who wishes to keep informed needs to contact the Selectman’s office and request that they put pressure on ALL of the boards and committees.
This summer, I requested that the minutes be posted for all committees, but that request has not come to fruition in the past seven months. Bob Gray informed me that most committees fail to report or update their files, which are kept under the counter. Most of the books are empty. When his office does receive them they are posted online. I suggest that everyone call and request access to ALL of the current & past minutes posted for the School Board, Zoning Board, Conservation Commission, Library Trustees, Historic District, RED, Town Beach and Cemetery.
The BOS & Planning Board deserve Kudos for generally keeping up to date and in a timely fashion. Keep in mind that the minutes can be slanted and are only a synopsis of the meeting. Don’t rely on the grapevine to give you the facts and steer away from the rumors. Again call Town hall and request the minutes be posted online and do your own research.
I am a firm believer that communication is key to building a solid relationship. Our town has a lot of rumors flying around, and because people do not communicate or confirm whether the information they have heard is factual or not, they tend to believe it. As a result, I see there is a lot of division in this town - created by finger pointing, back stabbing and credibility lost from inaction. Many times, you simply need to consider the source and know that it’s fallacious.
My advice is to ask those who can give you the honest and correct answer. There are a few that would like to believe that The Winchester Informer is not the proper place and I would have to agree. It’s simply a platform to learn the facts and find out what is going on around town, a barometer for what’s happening. You can “blog” rumors all you want, but it’s important that the facts are presented here and then you confirm them for yourself.
The majority of people in this town are too busy to run to town hall, to request copies of minutes or attend meetings, but they can sit down at the computer when they have a spare moment. I believe that it is important that everyone who wishes to keep informed needs to contact the Selectman’s office and request that they put pressure on ALL of the boards and committees.
This summer, I requested that the minutes be posted for all committees, but that request has not come to fruition in the past seven months. Bob Gray informed me that most committees fail to report or update their files, which are kept under the counter. Most of the books are empty. When his office does receive them they are posted online. I suggest that everyone call and request access to ALL of the current & past minutes posted for the School Board, Zoning Board, Conservation Commission, Library Trustees, Historic District, RED, Town Beach and Cemetery.
The BOS & Planning Board deserve Kudos for generally keeping up to date and in a timely fashion. Keep in mind that the minutes can be slanted and are only a synopsis of the meeting. Don’t rely on the grapevine to give you the facts and steer away from the rumors. Again call Town hall and request the minutes be posted online and do your own research.
Tuesday, March 9, 2010
2010 Election Results
Selectman
Theresa Sepe 526
Gustave Ruth 373
Robert Davis 239
Mike Towne 167
John Pasquarelli 136
Moderator
Kenneth Harvey 711
Town Clerk
James Tetreault 739
Supervisor
Christy Menard 712
Trustee of the Trust Funds
Theodore Whippie 612
50 Write-ins
Conant Library (3 Year)
Marilyn Baker 600
Barbara Kelley 500
Tami Poole 7
Conant Library (2 Year)
Alice Picard 634
Thayer Public Library
Peggy Cushing 378
Linda Crowell 356
Budget Committee
Kathleen Hebert 375
Hubert Crowell 362
Harvey Sieran 307
Planning Board (3 year)
Margaret Sharra 332
Kim Gordon 310
Planning Board (2 year)
Brian Moser 393
Cemetery
Charles Gregory 279
Kari Caldwell 236
Robert Davis 208
Articles
2: Yes 573 .. another $545,500.00 for the wastewater plant
No 196
3. Yes 542 .. another $500,000.00 for the wastewater plant
No 216
4. Yes 419 .. another $317.000 in bonds and taxation for sidewalks
No 284
5. Yes 578 .. approved town budget of $3,464,356.00
No 100
6. Yes 616 .. $500,000.00 for bridge plans
No 160
7. Yes 421 .. $64,998.00 to buy Dale Gray another truck to ruin
No 348
8. Yes 417 .. another $25,000.00 for the town beach
No 371
9. Yes 623 .. another $24,800.00 for the current truck payment
No 160
10. Yes 618 .. $18,000 for the cemetery that has it's own trust fund
No 150
11. Yes 453 .. $15,500.00 for a foolish bus service from downtown to Wal-Mart in Hinsdale
No 330
12. Yes 585 .. another $10,000.00 for the Selectmen to play with
No 188
13. Yes 465 .. another wasted $6,000 for a festival
No 322
14. Yes 502 .. $50,000.00 for something not even part of the town
No 284
15. Yes 563 .. $2,500.00 the trustees said they did not want
No 222
16. Yes 292 .. they won't be turning off any street lights in the near future
No 479
17. Yes 174 .. the citizens of New Hampshire won't be
No 260
18. Yes 480 .. finally disabled citizens in town will get a $750.00 tax credit
No 242
19. Yes 107 .. explains why the vote went the way it did, no one can see
No 254
20. Yes 413 .. another three years of Dale Gray and his ways
No 260
21. Yes 456 .. conservation committee got it's way
No 233
22. Yes 342 .. we finally have adopted the State's Conflict of Interest rules
No 249
23. Yes 379 .. how do you commend someone you just payed over $40,000.00 to defend lawsuits, shouldn't they have been avoided at all costs?
No 245
24. Yes 409 .. a dumpster ordinance with teeth, all we need is someone to enforce it.
No 292
25. Yes 360 .. another amendment to our town's zoning ordinances
No 286
26. Yes 350 .. another amendment to our town's zoning ordinance
No 303
27. Yes 366 .. another amendment to our town's zoning ordinance
No 304
28. Yes 466 .. a big mistake to amend this ordinance
No 197
29. Yes 309 .. a bigger mistake to amend this, even the Conservation Commission was against
No 285
30. Yes 218 .. was unenforceable
No 508
School Board
Kevan Whippie 431
Moderator
Parkhurst 658
District Clerk
James Tetreault 683
District Treasurer
James Tetreault 5
2. Yes 615 .. school budget set at $10,006,293
No 152
3. Yes 372 .. allowed the school to take back the $258,239,00 cut by the budget committee
No 366
4. Yes 437 .. a planning committee will be established to study if withdrawal from Unit #38 would better serve the town
No 305
5. Yes 266 .. no more money for "special education" this year
No 469
6. Yes 308 .. no teacher raises this year
No 462
7. Yes 305 .. Winchester School will remain Winchester School
No 426
8. Yes 669 .. School District will receive reports from agents, auditors, committees and officers for viewing.
No 66
9. Yes 564 .. carte' blanche to spending given to the the School District
No 166
Theresa Sepe 526
Gustave Ruth 373
Robert Davis 239
Mike Towne 167
John Pasquarelli 136
Moderator
Kenneth Harvey 711
Town Clerk
James Tetreault 739
Supervisor
Christy Menard 712
Trustee of the Trust Funds
Theodore Whippie 612
50 Write-ins
Conant Library (3 Year)
Marilyn Baker 600
Barbara Kelley 500
Tami Poole 7
Conant Library (2 Year)
Alice Picard 634
Thayer Public Library
Peggy Cushing 378
Linda Crowell 356
Budget Committee
Kathleen Hebert 375
Hubert Crowell 362
Harvey Sieran 307
Planning Board (3 year)
Margaret Sharra 332
Kim Gordon 310
Planning Board (2 year)
Brian Moser 393
Cemetery
Charles Gregory 279
Kari Caldwell 236
Robert Davis 208
Articles
2: Yes 573 .. another $545,500.00 for the wastewater plant
No 196
3. Yes 542 .. another $500,000.00 for the wastewater plant
No 216
4. Yes 419 .. another $317.000 in bonds and taxation for sidewalks
No 284
5. Yes 578 .. approved town budget of $3,464,356.00
No 100
6. Yes 616 .. $500,000.00 for bridge plans
No 160
7. Yes 421 .. $64,998.00 to buy Dale Gray another truck to ruin
No 348
8. Yes 417 .. another $25,000.00 for the town beach
No 371
9. Yes 623 .. another $24,800.00 for the current truck payment
No 160
10. Yes 618 .. $18,000 for the cemetery that has it's own trust fund
No 150
11. Yes 453 .. $15,500.00 for a foolish bus service from downtown to Wal-Mart in Hinsdale
No 330
12. Yes 585 .. another $10,000.00 for the Selectmen to play with
No 188
13. Yes 465 .. another wasted $6,000 for a festival
No 322
14. Yes 502 .. $50,000.00 for something not even part of the town
No 284
15. Yes 563 .. $2,500.00 the trustees said they did not want
No 222
16. Yes 292 .. they won't be turning off any street lights in the near future
No 479
17. Yes 174 .. the citizens of New Hampshire won't be
No 260
18. Yes 480 .. finally disabled citizens in town will get a $750.00 tax credit
No 242
19. Yes 107 .. explains why the vote went the way it did, no one can see
No 254
20. Yes 413 .. another three years of Dale Gray and his ways
No 260
21. Yes 456 .. conservation committee got it's way
No 233
22. Yes 342 .. we finally have adopted the State's Conflict of Interest rules
No 249
23. Yes 379 .. how do you commend someone you just payed over $40,000.00 to defend lawsuits, shouldn't they have been avoided at all costs?
No 245
24. Yes 409 .. a dumpster ordinance with teeth, all we need is someone to enforce it.
No 292
25. Yes 360 .. another amendment to our town's zoning ordinances
No 286
26. Yes 350 .. another amendment to our town's zoning ordinance
No 303
27. Yes 366 .. another amendment to our town's zoning ordinance
No 304
28. Yes 466 .. a big mistake to amend this ordinance
No 197
29. Yes 309 .. a bigger mistake to amend this, even the Conservation Commission was against
No 285
30. Yes 218 .. was unenforceable
No 508
School Board
Kevan Whippie 431
Moderator
Parkhurst 658
District Clerk
James Tetreault 683
District Treasurer
James Tetreault 5
2. Yes 615 .. school budget set at $10,006,293
No 152
3. Yes 372 .. allowed the school to take back the $258,239,00 cut by the budget committee
No 366
4. Yes 437 .. a planning committee will be established to study if withdrawal from Unit #38 would better serve the town
No 305
5. Yes 266 .. no more money for "special education" this year
No 469
6. Yes 308 .. no teacher raises this year
No 462
7. Yes 305 .. Winchester School will remain Winchester School
No 426
8. Yes 669 .. School District will receive reports from agents, auditors, committees and officers for viewing.
No 66
9. Yes 564 .. carte' blanche to spending given to the the School District
No 166
ELECTION DAY TODAY -- -- -- GET OUT AND VOTE
In less than 2 hours the polls will open. From 8am this morning until 7pm tonight the future of our town is in your hands. You have the right to choose in which direction our town will go, to continue the trend of over spending, secrecy and ignoring the public or in a new direction of openness, honesty and for the good of all of Winchester's citizens. The choice is yours, it's that simple. Stay home and do nothing, don't exercise your right to partake in the election; or go to the polls and cast your vote for change. Too many of you have allowed a few to run Winchester into the ground, to steer us into a trend of overspending and high taxes for so long, it's become the norm. While other towns across the state have made the necessary cuts in spending and have said no to any new spending, our leaders continue to ask for more and more money every year. It's got to stop, it's that simple. We as a town, united in cause have got to say no, no more spending period. We can not afford it year after year. How many of our friends and neighbors who have lost their jobs or who have come upon hard times for health reasons, or other personal issues have to lose their homes so our Highway Dept. can get a shiny new truck that they wouldn't need, if they had simply taken care of the old one as they were required too? How many people must go without food, or medications, or shoes or clothes for their child, because the town wants to do something, add some expenditure that we can better afford in the future than now during these tough economic times?
We lack leadership in Winchester, from the Selectman, it trickles down to our Dept. Heads and to other employees who have no sense of responsibility to the public they serve. They believe they are the hierarchy of Winchester and are entitled to do as they please. They break the law, ignore rules and regulations, provide false information and hold meetings in secrecy. Some employees don't even show up for work on time, take longer than allowed breaks and leave early with no fear of being held accountable. How can we possible continue to allow this to go on and hope that things in Winchester will get better? Just what kind of a future will our children have if we continue to allow this type of behavior to continue? Just what kind of a message are we sending to our children, that it's ok to take advantage of the system, not be truthful and honest, to act in secrecy and withhold information because it's best for you and those around you? That's not acceptable by any means and I hope you all agree.
It's time for change, time to send a message to those who continue not to get it, or who refuse to get it and who will not change their ways. It's time to run Winchester like a business and not a Country Club. It's time we gave new people, people who have come forward with new ideas, a commitment to community and a resolve to turn our town around and bring it into step with the times for the betterment of all. It takes guts to want to step into the frying pan and be under the scrutiny of a whole town, to be responsible for the way people will live their lives in the coming years and to commit yourself to the task. Let's say we give these new people a chance and the people of Winchester some hope for a brighter future. Join us in sending a message today, enough is enough. Vote for change for the betterment of all.
Our suggestions for a brighter future;
Selectman
Towne
Davis
Trustee
Write-in
Thayer Library
Dianne Skawski-Pride
Shelly Walker
Budget Comm
Harvey Sieran
Francis Towne
Robert Davis
Planning Board - 3 yr
Arthur Charland / Francis Towne
Kim Gordon
Planning Board - 2 yr
Brian Moser
Cemetery
Kari Caldwell / Bob Davis
Articles
2. No
3. No
4. No
5. Yes
6. No
7. No
8. No
9. No
10. No
11. No
12. No
13. No
14. No
15. No
16. No
17. No
18. Yes
19. No
20. No
21. No
22. Yes
23. No
24. Yes
25. Yes
26. Yes
27. Yes
28. No
29. No
30. No
School Board
Moser
Treasurer
Blank
District Clerk
Jim Tetreault
Treasurer
Blank
Articles
2. Yes
3. No
4. Yes
5. No
6. No
7. No
8. Yes
9. No
We lack leadership in Winchester, from the Selectman, it trickles down to our Dept. Heads and to other employees who have no sense of responsibility to the public they serve. They believe they are the hierarchy of Winchester and are entitled to do as they please. They break the law, ignore rules and regulations, provide false information and hold meetings in secrecy. Some employees don't even show up for work on time, take longer than allowed breaks and leave early with no fear of being held accountable. How can we possible continue to allow this to go on and hope that things in Winchester will get better? Just what kind of a future will our children have if we continue to allow this type of behavior to continue? Just what kind of a message are we sending to our children, that it's ok to take advantage of the system, not be truthful and honest, to act in secrecy and withhold information because it's best for you and those around you? That's not acceptable by any means and I hope you all agree.
It's time for change, time to send a message to those who continue not to get it, or who refuse to get it and who will not change their ways. It's time to run Winchester like a business and not a Country Club. It's time we gave new people, people who have come forward with new ideas, a commitment to community and a resolve to turn our town around and bring it into step with the times for the betterment of all. It takes guts to want to step into the frying pan and be under the scrutiny of a whole town, to be responsible for the way people will live their lives in the coming years and to commit yourself to the task. Let's say we give these new people a chance and the people of Winchester some hope for a brighter future. Join us in sending a message today, enough is enough. Vote for change for the betterment of all.
Our suggestions for a brighter future;
Selectman
Towne
Davis
Trustee
Write-in
Thayer Library
Dianne Skawski-Pride
Shelly Walker
Budget Comm
Harvey Sieran
Francis Towne
Robert Davis
Planning Board - 3 yr
Arthur Charland / Francis Towne
Kim Gordon
Planning Board - 2 yr
Brian Moser
Cemetery
Kari Caldwell / Bob Davis
Articles
2. No
3. No
4. No
5. Yes
6. No
7. No
8. No
9. No
10. No
11. No
12. No
13. No
14. No
15. No
16. No
17. No
18. Yes
19. No
20. No
21. No
22. Yes
23. No
24. Yes
25. Yes
26. Yes
27. Yes
28. No
29. No
30. No
School Board
Moser
Treasurer
Blank
District Clerk
Jim Tetreault
Treasurer
Blank
Articles
2. Yes
3. No
4. Yes
5. No
6. No
7. No
8. Yes
9. No
Wednesday, March 3, 2010
Is This Town Winchester Or Is it Really Beaman Town?
On Tuesday March 2, there was an editorial article written by Kathy
Beaman saying how terrific she thought Margaret Sharra was as Chair
of the Planning Board and what a great candidate she is.
l) Sharra is the worst possible candidate. Why? she works for the
town and should not be on the all volunteer planning Bd.
2) Kathy UTTERLY Fails to mention that Sharra worked for
Beaman in Real Estate sales and Beaman Land and Home sales.
3) Sharra runs the rudest dysfunctional board meetings with
screaming, interruptions, and threats to call the police on at least
three occasions - two for Van Dyke and once for Dennis Whitcome.
4) Sharra made Peterborough attorney Silas Little wait for four and
1/2 hours over two meetings. Berthiaume did nothing and Sharra says
" I can call people when I want to." That cost the litigant 4 l/2 hours
plus two hours driving time due to the malicious conduct of Sharra.
5) Since Plum Pak came in, what manufacturing has come to town?
Sharra had nothing to do with Plifka's Dollar store or expanding
McDonalds. A firecracker store with three employees hardly fits
the need for jobs in Winchester.
6) Through her incompetence the planning Board has cost the town
over $22,000 in legal fees on Van Dyke that people that pay property
taxes have to pay.
7) She is incapable of running a calm, professional meeting and
calmly hearing both sides of an issue.
8) She refuses to RECUSE herself from Beaman matters
(also Deane Beaman) but stays at the table,directs the meeting,
calls on other planning Board members and asks questions of
witnesses.
9) She also takes the minutes - although they are not verbatim and
often slanted. The minutes should be taken by an elected member
of the planning Board and not the Chair.
l0) You need NEW BLOOD on the planning Board.
For two year term Brian Moser has been a selectman and school
Board member. He is very knowledgeable. For three year term,
WHY do you think 7 people are running? Because they have
seen the rude obnoxious conduct of Sharra. With simple verbal
acuity: three people have talent, knowledge, and the most
important calm demeanor. They are Kim Gordon who has been
an alternate the last two years, Mike Towne who is the most
knowledgeable about planning Board matters, and Art Charland
who has the calm demeanor of Bob Grey and although he has no
planning Board experience in Winchester he has experience in
Connecticut.
ll) Lastly, the Beaman letter in the Keene Sentinel shows that this
is still Beaman town And not Earlington, Arlington or Winchester
predecessor names of Winchester).
12)) Let the Planning Board and the ZBA do things the right way,
no building without ALL the permits in hand and treat everybody
right down the middle with no absurd yelling and screaming and
conduct meetings in a calm and professional manner.
13) Under no circumstances should anyone vote for Margaret
Sharra. To cast your vote for her would be a disaster.
John Keenan
Beaman saying how terrific she thought Margaret Sharra was as Chair
of the Planning Board and what a great candidate she is.
l) Sharra is the worst possible candidate. Why? she works for the
town and should not be on the all volunteer planning Bd.
2) Kathy UTTERLY Fails to mention that Sharra worked for
Beaman in Real Estate sales and Beaman Land and Home sales.
3) Sharra runs the rudest dysfunctional board meetings with
screaming, interruptions, and threats to call the police on at least
three occasions - two for Van Dyke and once for Dennis Whitcome.
4) Sharra made Peterborough attorney Silas Little wait for four and
1/2 hours over two meetings. Berthiaume did nothing and Sharra says
" I can call people when I want to." That cost the litigant 4 l/2 hours
plus two hours driving time due to the malicious conduct of Sharra.
5) Since Plum Pak came in, what manufacturing has come to town?
Sharra had nothing to do with Plifka's Dollar store or expanding
McDonalds. A firecracker store with three employees hardly fits
the need for jobs in Winchester.
6) Through her incompetence the planning Board has cost the town
over $22,000 in legal fees on Van Dyke that people that pay property
taxes have to pay.
7) She is incapable of running a calm, professional meeting and
calmly hearing both sides of an issue.
8) She refuses to RECUSE herself from Beaman matters
(also Deane Beaman) but stays at the table,directs the meeting,
calls on other planning Board members and asks questions of
witnesses.
9) She also takes the minutes - although they are not verbatim and
often slanted. The minutes should be taken by an elected member
of the planning Board and not the Chair.
l0) You need NEW BLOOD on the planning Board.
For two year term Brian Moser has been a selectman and school
Board member. He is very knowledgeable. For three year term,
WHY do you think 7 people are running? Because they have
seen the rude obnoxious conduct of Sharra. With simple verbal
acuity: three people have talent, knowledge, and the most
important calm demeanor. They are Kim Gordon who has been
an alternate the last two years, Mike Towne who is the most
knowledgeable about planning Board matters, and Art Charland
who has the calm demeanor of Bob Grey and although he has no
planning Board experience in Winchester he has experience in
Connecticut.
ll) Lastly, the Beaman letter in the Keene Sentinel shows that this
is still Beaman town And not Earlington, Arlington or Winchester
predecessor names of Winchester).
12)) Let the Planning Board and the ZBA do things the right way,
no building without ALL the permits in hand and treat everybody
right down the middle with no absurd yelling and screaming and
conduct meetings in a calm and professional manner.
13) Under no circumstances should anyone vote for Margaret
Sharra. To cast your vote for her would be a disaster.
John Keenan
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