Carolyn Sundquist knew that Tuftonboro selectmen could not legally charge an hourly fee for responding to Right to Know requests and that the town could charge only for “copy/paper fees.” She knew this long before she, as chair of the selectmen’s board, initiated a lawsuit against Bob McWhirter and me in an attempt to charge us for inspecting government records. The lawsuit would eventually cost the taxpayers about $20,000 (and counting — I’ll update you next week).
In a February 2016 email the selectmen’s administrative secretary, Karen Koch, wrote to Carolyn: “In terms of town’s [sic] charging an hourly rate for any research to be done, it is illegal to do so.” Karen wrote that this was based on a conversation she had had with Margaret Burns of the New Hampshire Municipal Association, and that “the only things that towns can legally charge for are copy/paper fees.”
Indicating that she had read Karen’s email and understood its content, Carolyn replied on February 27, 2016: “Thanks for checking with NHMA regarding minutes and charging for research. Would you please redo the sheet that list [sic] the charges for copies in a compatible format for inclusion in the copy policy we just approved. Note the changes regarding emailed copies and whatever else would need explanation.”
Carolyn’s own words show that she clearly understood no fees could be charged for “emailed copies,” but she (along with the other two selectmen, Lloyd Wood and Bill Marcussen) attempted to charge Bob McWhirter and me 25 cents per page to inspect emails. When we refused to pay that illegal fee (given the number of emails, it would’ve amounted to thousands of dollars), the selectmen sent sheriff’s deputies to our houses on a Sunday morning to serve us with a lawsuit.
As a result, we were forced to hire an attorney, a great expense, and to defend ourselves not only in Carroll County Superior Court but also in the court of public opinion. Just last week, the selectmen’s attorney, Richard Sager, publicly slandered Bob McWhirter in a Facebook post on the Tuftonboro Free Speech Forum Facebook group, which any resident of Tuftonboro can join: “Bob tags along behind Max like a little puppy dog, impugning my character by suggesting I would ever consider hiding ‘SECRET’ information. Get a life.” Sager then blamed Bob and me for the $20,000 that the selectmen paid Sager for the lawsuit and asserted that producing the emails was a “considerable expense to the town.” This is false, and Sager knows it’s false. Judge Amy Ignatius ruled on August 8 that there was no cost to the town for producing the emails.
The above-mentioned email, which the selectmen finally turned over to me last week, strongly suggests that Carolyn (and maybe Lloyd and Bill as well) acted in bad faith when suing us: They were attempting to collect a fee that Carolyn knew to be illegal.
Carolyn, Bill, and Lloyd are responsible for wasting around $20,000 in taxpayer money. Bob and I exercised our constitutional and statutory Right to Know, and we defended ourselves when the selectmen launched an abusive lawsuit against us.