What could you do with $20,000? This past December, the Tuftonboro board of selectmen (at the time Carolyn Sundquist, Bill Marcussen, and Lloyd Wood) decided to spend what would end up being almost $20,000 of Tuftonboro taxpayers’ money on attorney fees paid to Richard Sager to pursue a lawsuit against Bob McWhirter and me for the “crime” of having made Right to Know requests to inspect government records. Our right to know what government officials are doing on our behalf is guaranteed by the New Hampshire constitution, and codified by RSA 91-A (the Right to Know law). I have that right to know, Bob has that right to know, and you have that right to know.
Rather than comply with the law, the selectmen chose to file a lawsuit against us — an action that is hard to interpret as anything other than an attempt to intimidate us and inflict personal financial harm. We are very grateful to the many fellow Tuftonboro residents who contributed to our defense fund, and also to our skillful attorney, Jim Cowles of Walker & Varney. The selectmen, bizarrely, filed a motion with the court to force us to reveal the “name, telephone number, address, and email address” of each of our benefactors. The court rejected this motion. Why would the selectmen want such personal information? I can think of no good reason.
The selectmen say that they were always willing to give us the government records — the emails. They just wanted to charge us a fee for them, even though the law states very clearly that “no fee shall be charged for the inspection or delivery, without copying, of governmental records, whether in paper, electronic, or other form.” Sager argued in court — unconvincingly — that this sentence in the law doesn’t make sense, because if read literally, it means the selectmen could not charge us a fee. Judge Ignatius agreed that the law, if read literally, means that “no fee shall be charged,” and she ruled on August 8 that the selectmen cannot, in fact, charge us a fee.
The reason this is important is that emails, being electronic, can contain a large number of pages. The selectmen wanted to charge us 25 cents per page, which would quickly turn into thousands of dollars. Records that you can inspect only after spending thousands of dollars are essentially records that you — and most people — will never be able to inspect.
Bob and I requested to inspect Carolyn Sundquist’s official emails because we and others in town suspected that she was making decisions about town business on her own (in violation of RSA 41:8), or with the other two selectmen but outside of public meetings (in violation of RSA 91-A). Our suspicious were confirmed when Guy Pike obtained 40 pages of emails concerning the Brown Road boulder fiasco. Those emails revealed that Carolyn had, apparently without the knowledge of the other selectmen, given Ted and Carol Steinman permission to block access to Lower Beech Pond, which is a state-own public body of water. The Steinmans followed Carolyn’s instructions and spent money placing boulders in the town’s right-of-way along the road. The current board then had to authorize the road agent to remove those boulders, which cost the taxpayers around $800. The Steinmans are now suing the town, disputing the boundaries of the right-of-way and alleging that the road agent trespassed. Perhaps they will win, or perhaps the town will win, but either way, it will probably cost taxpayers at least another $20,000 in fees to Richard Sager. All of this is due to Carolyn’s unilateral actions.
It makes you wonder what is in those emails Bob and I requested. Why were Carolyn and Bill and Lloyd willing to spend so much taxpayer money to make it nearly impossible to read them?
We still don’t know what’s in the emails. Even though Judge Ignatius ruled that the selectmen could not charge a fee for the electronic copies of the emails, and after eight months of legal entanglement, and almost an entire year after Bob first made his Right to Know request, the selectmen (now Lloyd Wood, Bill Marcussen, and Chip Albee) have, incredibly, still failed to turn over any of the emails that are in question.
Bob made his Right to Know request on October 17, 2016. The selectmen must comply with the New Hampshire constitution, with the Right to Know law (RSA 91-A), and with Judge Ignatius’s order. They must immediately — 11 months late — give us access to Carolyn Sundquist’s official emails.