OSSIPEE — The Carroll County delegation chair described what could happen in the event the two commissioners-elect follow through on their threat not to be sworn-in on Jan. 7.
The delegation, a group of 15 state representatives that approves county budgets, met Friday to discuss the oath of office "debacle," how to deal with a pending right-to-know lawsuit and future right-to-know lawsuits.
Lawmakers made a couple of key decisions during the meeting. They decided not to give county commissioners any more money to defend themselves from a pending right-to-know lawsuit until a court exonerates the commissioners. The delegation also decided that future right-to-know lawsuits should be directed to the county attorney's office first.
The delegation, a group of 15 state representatives that approves county budgets, met Friday to discuss the oath of office "debacle," how to deal with a pending right-to-know lawsuit and future right-to-know lawsuits.
Lawmakers made a couple of key decisions during the meeting. They decided not to give county commissioners any more money to defend themselves from a pending right-to-know lawsuit until a court exonerates the commissioners. The delegation also decided that future right-to-know lawsuits should be directed to the county attorney's office first.
County watchdog Ed Comeau, who was recently elected as a Republican state representative from Brookfield, sued the commissioners in their official and individual capacities under the right-to-know law.
The delegation had previously voted to give each commissioner $700 each to defend themselves. At least two commissioners, David Babson and David Sorensen, have bills that exceed the amount allotted.
Originally, commissioner Asha Kenney was also named in her individual capacity, but Comeau later released her because she would not sign off on a proposed settlement. Lawmakers didn't seem too clear on what Kenney's status was. The delegation told Kenney that if she really is excused from the lawsuit, she must submit any legal bills by Jan. 9.
Recently, the two commissioners-elect, Babson, who won re-election as a Republican from Ossipee, and Denny Miller (R-Wakefield), said they refuse to be sworn in until the legislative delegation promises to provide them financial protection from right-to-know lawsuits like the one Comeau filed.
Delegation chairman Karen Umberger (R-Conway) asked the New Hampshire Secretary of State's Office what the options are. She said under RSA chapter 653:1, the current commissioners would hold office until their replacements are sworn in. She said commissioner-elect Miller could be sworn in and promptly resign and Babson could resign now because he is a commissioner. The delegation would be responsible for filling vacancies.
"I would ask that you make up your minds prior to Jan. 7, otherwise status quo," said Umberger who said she'd be angry if they didn't. "Of course, the other option is that everyone has the opportunity to resign except commissioner-elect Miller because he hasn't taken the oath of office. He can't resign until he's taken the oath of office."
Rep. Frank McCarthy (R-Conway) said the commissioners will not have court costs in the future if they are adhering to the law as best they can.
"You will be defended to the nth degree by the county unless you do something that is wanton or reckless," said McCarthy. "I hope you realize you are protected by the county and by the law unless you do something very wrong. I don't think you have anything to worry about."
When reached Monday, Miller said he intends to meet with the county attorney.
The delegation had previously voted to give each commissioner $700 each to defend themselves. At least two commissioners, David Babson and David Sorensen, have bills that exceed the amount allotted.
Originally, commissioner Asha Kenney was also named in her individual capacity, but Comeau later released her because she would not sign off on a proposed settlement. Lawmakers didn't seem too clear on what Kenney's status was. The delegation told Kenney that if she really is excused from the lawsuit, she must submit any legal bills by Jan. 9.
Recently, the two commissioners-elect, Babson, who won re-election as a Republican from Ossipee, and Denny Miller (R-Wakefield), said they refuse to be sworn in until the legislative delegation promises to provide them financial protection from right-to-know lawsuits like the one Comeau filed.
Delegation chairman Karen Umberger (R-Conway) asked the New Hampshire Secretary of State's Office what the options are. She said under RSA chapter 653:1, the current commissioners would hold office until their replacements are sworn in. She said commissioner-elect Miller could be sworn in and promptly resign and Babson could resign now because he is a commissioner. The delegation would be responsible for filling vacancies.
"I would ask that you make up your minds prior to Jan. 7, otherwise status quo," said Umberger who said she'd be angry if they didn't. "Of course, the other option is that everyone has the opportunity to resign except commissioner-elect Miller because he hasn't taken the oath of office. He can't resign until he's taken the oath of office."
Rep. Frank McCarthy (R-Conway) said the commissioners will not have court costs in the future if they are adhering to the law as best they can.
"You will be defended to the nth degree by the county unless you do something that is wanton or reckless," said McCarthy. "I hope you realize you are protected by the county and by the law unless you do something very wrong. I don't think you have anything to worry about."
When reached Monday, Miller said he intends to meet with the county attorney.
(0) comments
Welcome to the discussion.
Log In
Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.