TOWN OF
BOARD OF SELECTMEN
MINUTES OF MEETING
Present: Chuck Graybill
Steve Kennedy
Janice VandeBogart, Town Administrator
A above
mentioned gentlemen came in to discuss the $28,000 bond and the acceptance of
Jay Drive, off of Montalona Rd. Ken indicated that
the certificate of occupancy (c.o.) was issued in error, due to the State and
Town requirement that the road be accepted prior to the c.o. being issued. He stated that the road needs to be accepted
for Phase one, and that Mike is leaving the $28,000 there and is coming to the
Planning Board. Mike explained that
there is one deed, one road but two pieces of property. Chuck confirmed that the road needs to be
accepted prior to the c.o.’s being issued. Gary indicated that he feels that
$28,000 will be sufficient to finish the road. Steve asked what would happen if
the Board took no action. Ken indicated
that the builders would not be able to get any building permits and that he
feels the Town owes them that.
Steve moved
to accept the road with the following conditions:
Ÿ
The
builder submits a draft of all legal deeds and instruments for the project and
files at the Registry of Deeds.
Ÿ
Bond
of approximately $28,000
Ÿ
Pavement: place a top wearing course of pavement (1”
thick),
Ÿ
Shim
base course of pavement between 0+15 to 9+50 as required to provide a
satisfactory riding surface
Chuck
seconded the motion. The motion carried.
7:30
p.m. Public Hearing, pursuant to RSA
43:1, re: Lori Davis, to receive
testimony and to determine if there is sufficient cause for removal from
appointed positions.
Chuck
called the meeting to order. Chuck
Williamson questioned where the meeting notice was posted. Janice indicated it was posted to the
website, at the country store and at the Town offices. Chuck mentioned that he didn’t see it at the
country store.
Chuck read
the purpose of the meeting (see attached) and added: The Selectmen don’t see the need for
additional sworn testimony, but will open up the hearing for public comment,
including comment from Ms. Davis or Ms. Davis’ lawyer, Derek Lick.
Chuck read
J.R. Swindlehurst III’s recusal letter (see attached).
Steve
Kennedy was sworn in by Janice VandeBogart, Justice
of the Peace, and he publicly attested
to his impartiality (see attached). This
was accepted by the Board.
Jeff Nelson
was sworn in by Janice and answered yes to both of the following questions:
1. Did you share confidential
information with Ms. Lori Davis relating to a pending police investigation and
instruct her as to the sensitivity and confidentiality of that information?
2. To the best of your knowledge, was that
confidential information and trust violated by Ms. Lori Davis?
Chuck
thanked Chief Nelson for coming in and opened the floor to the public.
Chuck noted
that Mr. Lick, Ms. Davis’ lawyer, had sent a letter to the Town, informing the
Town that he would be coming tonight. He
did not have his statement in writing, so they are summarized below.
Mr. Lick
thanked Chuck and J.R. for raising their concerns with the Ethics Committee,
regarding the public hearing of Lori Davis.
Mr. Lick feels that the Ethics Committee publicized confidential
information regarding the investigation of Lori Davis. He further stated that the Ethics Committee
acts under the Ethics Code and should not have discussed confidential
information. He did state that he
believes the Ethics Committee acted in good faith but that it should not have
asked Donna Dunn, Debbie Auger and Judy Petersen if they felt the hearing
should have been public. He went on to
say that he thinks the Ethics Committee violated the Right to Know Law , RSA
91:3A and he doesn’t think Lori should be held to a higher standard. He stated that exceptions to this law
include:
1. Disciplining an employee
Adversely
affect reputation - which would require a private hearing.
He stated
that Ms. Davis’ prior counsel advised her not to participate in the hearing and
that the Ethics Committee refused to inform her of the allegations against her
unless she agreed to keep the hearing confidential. Mr. Lick stated that he
only had access to the allegations yesterday and that the complaint took place
one year after the discussion took place.
He further stated that the complaints were inconsistent and raised different issues. He quoted language from discussions which
were held in public meetings. Mr. Lick
indicated that J.R. Swindlehurst was the liaison and
asked her to come to the police. He
indicated what he sees as the merits of the complaint as follows: The Recycling Committee discussed the issues
at public meetings and that he doesn’t feel you can call information discussed
at public meetings confidential. He and
Ms. Davis view this situation as a misunderstanding and he feels the Board
needs to allow Lori continue to volunteer.
He stated that the Board will be sending a message tonight: Are volunteers going to be held to a higher
standard than the Ethics Committee and Recycling Committee?
Steve
Kennedy cited RSA 43:5 “watching the watchers”.
He indicated that the Ethics Committee is to hold a standard and the
Board is not discouraging anyone from volunteering; that the issue is one of
integrity. He went on to say that when a
police investigation comes forward that
there is a standard and the Chief says it was violated. The Ethics Committee serves a very important
function and was formed to help raise the bar. He mentioned that hearings are
held publicly.
Derek Lick
stated that he doesn’t feel that the Ethics Committee doesn’t serve a purpose
but they are not above the standard. He
feels it is an oversight and his goal is to allow Lori Davis to have her say.
Lori Davis
read her prepared statement (see attached), relaying her disappointment at
having to defend her reputation and reiterating her lawyer’s statements about
the information not being confidential. Chuck thanked Lori.
Chuck
Williamson was recognized. He stated
that he was on the Recycling Committee with Lori and he feels the same as she
does, that it was at a public meeting that this information was discussed
at. He said that the Committee was
looking into other improprieties, such as record keeping and that it was not
confidential information. He said that the Selectmen’s representative took it
to the Police Chief and it was never discussed
with the Board, nor did the Board rule on it. He said the Committee didn’t decide to act
and that the investigation came back and it was dead issue, but that the
Selectmen kept at it. He said he doesn’t
think it was handled properly and he was surprised about the allegations one
year later.
Donna Dunn
was recognized and asked whether the public was in attendance at the Recycling
Committee meetings. Chuck Williamson
indicated that the public was at some of the meetings, but isn’t sure at which
meetings. Donna explained that it didn’t
take one year for the proceeding to begin.
She indicated that there were several meetings over several month,
including meetings with Lori Davis in which Lori acknowledged that what she did
was wrong and she admitted that she has a problem with talking about issues and
she vowed to resign from the Committee.
She didn’t resign. She signed up
for more committees. Donna indicated
that she had asked Lori to join the meeting she (and three others) had with the
Selectmen four times, but that Lori refused. The four of them met with the
Selectmen in a non-public session and that they had no recourse but to go to
the Ethics Committee. She thought that
the Ethics Committee’s hearing would be private. Donna said they went through agonies because
there was a victim involved. She later
learned that the Ethics Committee had to
have a public meeting to abide by the Right to Know Law. She feels that Lori could have stopped the
proceedings way back when.
Dan Gobin was recognized and questioned whether more than one
year passed before they went to the Ethics Committee.
John Colter was recognized and said it sounded like blackmail to
him, telling Lori either she resign or they will pursue action.
Jeff Crosby
was recognized and verified that he was on the Recycling Committee and they
were all public meetings and the Committee never voted to take action on
it. He said after the Committee found
out it had turned into a police investigation, members were wondering what that
was about.
Judy
Petersen was recognized and read a written letter (see attached copy)
expressing her feelings regarding why there is a need for an Ethics Committee
and why she is also a victim (by hearing unsolicited gossip). She discussed the images that have been
planted in her mind.
John Luby was recognized and expressed his concern about the
perception of the Ethics Committee and asked Steve Kennedy for clarification of
his embezzlement scenario at a previous place of employment. He wanted to know why this public hearing was
important to him as a taxpayer.
A
discussion including several townspeople took place concerning the confidential
or non-confidential status of the information discussed.
Nick
Holmes, Chairman of the Ethics Committee,
was recognized and cited RSA 91:A, which states that the Ethics
Committee can’t hold private meetings.
He indicated that the Ethics Committee bent over backwards to
accommodate Lori to assure fairness.
John Herlihy was recognized and spoke in favor of Lori, stating
that he has been slammed by her and has learned to forgive. He doesn’t have a
problem with her being on Town committees.
Andrew Dunn
was recognized and stated that the Ethics Committee held a hearing, not an
investigation and that the meetings have to be held publicly, to abide by the
Right to Know Law. He stated that Lori
could have asked that the meetings be private.
He stated that there is a misconception regarding the confidentiality of
the information, that once it became a police investigation that it became
confidential. He noted that only the
Police Chief, a Police Officer and Lori Davis were supposed to know about the
investigation and that a disclosure could have compromised the investigation,
and raised an aura of guilt.
Several
townspeople spoke in favor of Lori.
Steve
Kennedy provided an overview of what happens when there is a violation of
trust.
Ron Slocum
was recognized and stated that there were multiple issues involved. He feels that the Ethics Committee doesn’t
matter, it is a police investigation, which automatically require certain
aspects to be confidential. He asked if
we are holding our Town to a different standard. He feels that the issue is whether a
confidence was betrayed. Did the Police
Chief give sufficient notice?
Derek Lick
was recognized and stated that the information was discussed publicly. Regarding the police investigation, Lori looked
to her counsel and she is entitled to take the lead of the advice of the
Selectmen’s representative.
Lori was
recognized and stated that she did not go to the police. She said the Selectmen’s representative asked
her to go with him to the police.
8:55
p.m. Chuck motioned to go into
non-public session, pursuant to RSA 91:A.
Steve seconded the motion. The
motion carried.
9:10
p.m. Steve motioned to exit non-public
session, which was seconded by Chuck.
The motion carried.
9:12
p.m. Steve motioned that we remove Ms.
Lori Davis from the following committees:
1. The Old Home Day Committee and
2. The Dunbarton Center Building Committee,
based on her violation of the public trust.
Further she will not be considered for appointments to boards and
commissions through 3/31/04. Chuck
seconded the motion. Janice VandeBogart took the vote of the Board: Chuck voted affirmative. Steve voted affirmative. One recusal. The motion carried.
9:15
p.m., Steve motioned to adjourn the meeting.
Ron Slocum asked whether the Board (regarding the Jay Drive road
acceptance) had accepted the road. Chuck
indicated that the Board accepted the deed.
Chuck seconded the motion to adjourn.
The motion carried.
Chuck Graybill, Chairman
________________________________________________________________
Steve
Kennedy, Selectman
Respectfully
Submitted,
Joanne
Johnson