February 23, 2007
Right-to-know Article 27 does NOT apply to deliberative sessions
Claims made by selectman Bruce Hunter ill-founded, misinformed

GOFFSTOWN - In an article appearing in today's Goffstown News, selectman Bruce Hunter, currently running for re-election, is quoted as stating his belief that the passage of Goffstown's Right-To-Know Article 27 would mean that votes taken at Town and School District deliberative sessions would have to be recorded in the minutes of those sessions. 

In that Goffstown News article, written by Rod Hansen, Hunter states, "If (Caron’s) talking about ‘all public bodies,’ then he’s talking about the deliberative session of Town Meeting and the deliberative session of School District Meeting.” 

Sorry, Mr. Hunter.  Nothing could be further from the truth.  


ATTORNEY DISAGREES

The language of Article 27 specifically references the state's definition of "public proceedings" (which Hansen omitted from his story) as outlined in RSA 91-A:1-a, which is "...any board, commission, agency or authority, of any county, town, municipal corporation, school district, school administrative unit, charter school, or other political subdivision, or any committee, subcommittee or subordinate body thereof, or advisory committee thereto."  

According to the attorney who drew up the language of Article 27 for petitioner Guy Caron, town and school deliberative sessions do NOT fall under this definition of "public proceedings" as defined in RSA 91-A:1-a.  Furthermore, another state law, RSA 40:4-a, which governs town and school deliberative sessions, directly prevents the recording of votes at such deliberative sessions by providing for secret ballots at those sessions.


MISLEADING NEWS STORY

The above information, and related state RSAs, were provided to Mr. Hansen by the Goffstown Residents Association prior to the submission of his story.  Regardless, in his story, Hansen quotes a section of text from Article 27 and conveniently leaves out the most important part, that which references the state's definition of "public proceedings".  To wit, Hansen's story states: "Article 27, submitted by petition by resident Guy Caron, requests that “records (including official minutes) of transactions and undertakings of all public bodies of the Town of Goffstown ...  are to include descriptive information reflecting the affirmative or negative vote cast and noted by each individual member of such public body on all matters for which a vote is taken, such that member votes are recorded by name and subject matter of each vote."

Did you notice the missing section in the above quote of Article 27, replaced by " ... " ?

That small " ... " omission by Hansen leaves out the relevant text of Article 27, which is "and of any and all Town public proceedings as defined in N.H. RSA 91-A:1-a..."

Hansen's omission certainly makes for a better, more sensational story.  It also misleads the voters, and that is nothing short of a huge disservice to Goffstown.  By cleverly omitting the RSA reference when quoting Article 27 in his story, Hansen kept vital, relevant information hidden from the voters in an apparent attempt to either sensationalize what is obviously a "non-story", or to support Hunter's re-election efforts.  

In either case, Mr. Hansen, we are very disappointed in your most recent journalistic effort.  

Despite what Hunter and Hansen would have you believe, Article 27's passage won't affect a thing at Goffstown's deliberative sessions.

Vote YES on Article 27.  It's your right to know.  

RELATED INFORMATION:

Goffstown's Right-To-Know Issue - Archives

PETITION ARTICLE 27:
"To see if the Town will vote to direct that records (including official minutes) of transactions and undertakings of all public bodies of the Town of Goffstown and of any and all Town public proceedings as defined in N.H. RSA 91-A:1-a are to include descriptive information reflecting the affirmative or negative vote cast and noted by each individual member of such public body on all matters for which a vote is taken, such that member votes are recorded by name and subject matter of each vote. (Submitted by petition.)"

NH RSA 91-A:1-a, Sections I-d and II:
91-A:1-a Definition of Public Proceedings. –
I. The term ""public proceedings'' as used in this chapter means the transaction of any functions affecting any or all citizens of the state by any of the following:
(d) Any board, commission, agency or authority, of any county, town, municipal corporation, school district, school administrative unit, charter school, or other political subdivision, or any committee, subcommittee or subordinate body thereof, or advisory committee thereto.
II. For the purposes of this section, ""advisory committee'' means any committee, council, commission, or other like body whose primary purpose is to consider an issue or issues designated by the appointing authority so as to provide such authority with advice or recommendations concerning the formulation of any public policy or legislation that may be promoted, modified, or opposed by such authority.

NH RSA 40 - GOVERNMENT OF TOWN MEETING
Conduct of Voting
Section 40:4-a
40:4-a Secret Ballot. –
I. (a) At any meeting of a town with a population of more than 500, 5 voters who are present may make a request in writing prior to a vote by voice vote or division vote that the vote be taken by secret written ballot. Upon receiving such a request, the moderator shall conduct the vote by secret ""yes-no'' ballot.