Court Date Rescheduled in Selectmen’s Lawsuit Against Town Residents

Judge Ignatius of Carroll County Superior Court has granted a Motion to Continue filed by Rick Sager. The hearing in Town of Tuftonboro v. Maxim A.A.L. Blowen-Ledoux and Robert McWhirter has been rescheduled to February 22, 2017, at 1PM. It will be a two-hour hearing.

The selectmen (Carolyn Sundquist, Lloyd Wood, and Bill Marcussen) are suing me and fellow Tuftonboro resident Bob McWhirter. Both Bob and I have separately asked to inspect governmental records. The reason for the lawsuit is that the selectmen don’t want to follow the Right to Know law (RSA 91-A). The law states unequivocally, “no fee shall be charged for the inspection or delivery, without copying, of governmental records.”

The selectmen want to charge us fees to inspect the governmental records.  In Bob’s case the fees might run to more than $2,750! So they’ve asked the Superior Court to legislate from the bench to allow them to charge an illegal fee to all citizens seeking to inspect government records.

Sager filed the Motion after Bob and I filed our official response to the selectmen’s lawsuit.

Our response is almost 5,000 words and contains numerous counter-allegations against the selectmen, including this:

45. By way of further example, Defendant Blowen-Ledoux’s November 3, 2016, RSA 91-A request included emails to or from former selectmen Daniel Duffy. However, on November 7, 2016, the Selectmen’s Administrative [Secretary] informed Defendant Blowen-Ledoux that Duffy’s official “@tuftonboro.org” email account had been deleted when his term of office expired in March, 2016. Therefore, none of the emails he had sent or received while in office can be produced.

46. If the intentional deletion of all email to and from a Selectmen that only recently completed their term in office is not a direct violation of RSA 91-A, then it certainly violates the spirit of the law. See eg., James M. Knight v. School Administrative Unit #16, et al., Docket No. 00-E-307 (Rockingham Superior Court) (2001) (Abramson, J.) (respondents held in contempt after intentionally deleting requested files, and misleading the Court into believing that the files still existed at the time of trial, and were ordered to pay attorney’s fees, costs and to bear the costs of production for the remaining records.)

We also request that the Court:

  1. Deny the Town’s Complaint
  2. Compel the selectmen to produce the electronic governmental records that we have requested, without charging us an illegal fee
  3. Order the selectmen to pay, personally, our attorney’s fees
  4. Order the selectmen to undergo, at their own cost and expense, remedial training on the Right to Know law

 

Published in Board of Selectmen
Max Ledoux

Author: Max Ledoux

I've lived in Tuftonboro since 2014. I grew up in Lisbon Falls, Maine (the Moxie capital of the world). I run tuftonboro.net.

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