Town of Nottingham
Selectmen’s Meeting
July 6, 2010
6:29 PM, Chair Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Peter Bock, Mary Bonser, Gary Anderson
Guest: Heidi Seaverns, Assessing Coordinator; Chris Albert, Resident, Representative Frank Case; Representative Maureen Mann, Representative John Reagan; Brian Stucker, CFRAC Chair; Gail Mills, Resident
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Chris Mills; Judy Doughty; Dennis Hartwell; Florence Chamberlain; Harry Wescott; Mark Carpenter; Joan Carpenter; Therese Thompson; John Terninko; William Netishen; Matt Pitkin; Jill Sunde; Susan Levenson
ADMINISTRATIVE BUSINESS
Chair Bock acknowledged Ms. Seaverns. Ms. Seaverns informed the selectmen that she was here to obtain signatures on the corrected contract for assessing updates. Commerford, Nieder, and Perkins found an error in the original contract already signed by the selectmen. The Board of Assessor's voted at their last meeting to recommend signing of the corrected contract. The selectmen acknowledged receipt of a copy of the corrected contract.
Motion: Bonser, second Anderson to accept the recommendation of the Board of Assessors and sign the corrected contract for updates.
Vote: All in favor. Motion passed: 3-0.
Chair Bock extolled the virtues of volunteerism in a small community such as Nottingham. He reminded all that we have a very active food pantry run and operated by volunteers and that Nottingham Day is being planned and will, also, require volunteers to keep it going.
Chair Bock informed all that according to the licensing list from last year, 312 dogs remain unlicensed this year.
The selectmen read mail and reviewed bills.
Ms. Bonser informed the other selectmen that she had received a call from Gil Stevens regarding the extension of the Lamprey River Watershed. She would like to discuss this further at another meeting.
Acknowledging the absence of Mr. Albert, the selectmen's first appointment, Chair Bock asked Representatives Case and Mann if they would take the seven o’clock appointment time. Representatives Case and Mann acquiesced. Representative Reagan arrived shortly after the others took their seats at the mic.
APPOINTMENTS
7:15 PM – State Representatives - Privatization of State Properties in Nottingham
At 7:00 PM, Chair Bock invited Representatives Case and Mann to the mic.
The representatives introduced themselves. Representative Mann explained some legislation that has been put forth over the past two years in regards to selling of state properties. Senate Bill (SB) 101 was specific to Cannon Mountain and was defeated. In 2009, Fish and Game requested to divest itself of 27 underperforming state parks. There was talk about giving them back to the communities in which they exist. This year, House Bill (HB) 558 specifically forbidding the sale or leasing of state parks without the consent of the legislature passed. SB 450 contains wording to form a committee to look into the sale of state properties, meaning buildings, not parks. Representative Mann informed all that she would never vote to sell any state park. Mr. Brown explained that the
topic came up at the last selectmen's meeting and they are wondering if the town should be pro-active in this area. Representative Mann feels the best protection is having laws such as HB 558. Representative Case recommended the town seek out of other communities which are home to state parks and form a coalition. Representative Reagan informed all that he is on a committee mandated by HB 218 to find out what is wrong with the state parks. He voiced concern over mismanagement of the parks by the state's Department of Resources and Economic Development (DRED). Mr. Netishen inquired about talk of selling any portion of state park lands and voiced concern over Nottingham's need for increased police officers should a decision be made to build more cabins at Pawtuckaway. Representative Reagan reiterated that the committee's concern is mismanagement of the whole state park system. Ms. Mills suggested hiring new employees. There was more
discussion around forming a coalition with other communities and about parks being self supporting. Representative Mann would like to do a straw poll to see if NH residents feel we should keep the parks affordable to families or make them self supporting. There were thanks all around. The representatives stepped down at 7:26 PM.
7:00 PM – Chris Albert – River Bank Stabilization
At 7:26 PM, Chair Bock acknowledged Mr. Albert and invited him to the mic.
Mr. Albert informed the selectmen that he was here to seek approval to continue to move forward with the river bank stabilization project he presented at town meeting in 2009. He realizes that the $10K raised and appropriated at that meeting was not encumbered and is gone. He would like to do the survey and design, pro-bono, and put the job out to bid in the fall. He will prepare a new warrant article for 2011. There will be a $200 wetland permit fee. Chair Bock asked Mr. Albert to put his proposal in writing. Ms. Bonser indicated that she felt the town could pay the permit fee this year. Mr. Albert agreed to prepare a proposal. Mr. Albert stepped down at 7:30 PM.
7:30 PM – Brian Stucker – CFRAC, Chair – Committee Update
At 7:30 PM, Chair Bock invited Mr. Stucker to the mic.
Mr. Stucker explained that the committee is looking at seeking a 50/50 split with Comcast on the cost of the Stevens Hill Road issue. They are currently putting together an RFP for installation of the conduit to service the six homes on the 1.4 mile section that is without service. There was discussion around having the road agent review and post the RFP. The RFP will go through Mr. Brown. Mr. Stucker stepped down at 7:40 PM.
7:45 PM – Gail Mills – Personnel Policies and Procedures Manual
At 8:12 PM, Chair Bock invited Ms. Mills to the mic.
Point of Order: Chair Bock explained that due to the complexity and nature of the concern about to be addressed, he had set an agenda for the following discussion on the Personnel Policies and Procedures Manual. He read from page two of the manual regarding the town's authority to change the document at any time, and also, NH RSA 159:26. The order of discussions to take place would be as follows: 1) the selectmen will each speak to their own view and make recommendations for changes, as they see fit, 2) Mr. Brown will speak to the legal issues, 3) Chief Foss, Nottingham Police Department will answer any questions under his authority as chief of police, 4) Ms. Mills will speak to her concerns, and 5) all other residents will be allowed to speak. Chair Bock asked that all
questions and comments be directed to the Chair.
Chair Bock acknowledged second amendment rights, noting that he does not feel this is an issue which should be used as a platform for divisiveness. He is not aware of any employees who have asked to carry a weapon and noted that the selectmen have no authority over other elected officials. He indicated that Nottingham has issued over 300 licenses to carry.
Chair Bock read FIREARMS on page 20 of the 2005 manual and Section V. STANDARDS OF Conduct, Part L, on page 33 of the June 21, 2010 manual. He feels, based on lack of authority under RSA 159:26, that the words "and notify the selectmen" should be added to the new policy. He does not feel that notifying the selectmen violates anyone's rights. Chair Bock then read a part of Section VI. WORKPLACE VIOLENCE from the June 21, 2010 manual (on page 37), again noting that to add the same words recommended above, does not violate anyone's rights.
Mr. Anderson apologized for what he said was a snap decision. He felt it was made in an attempt to rush the finalization of the manual. He noted that the Board of Selectmen is responsible for and should give the utmost attention to liability issues. Mr. Anderson acknowledged a distinct move from personal rights to employee manual. He indicated that he was very interested to hear what Chief Foss would have to say and acknowledged the wording of RSA 159:26 to pre-empt the municipalities. He concurred with Chair Bock that adding the notification of the selectmen to the two areas in question would cover what authority they did have.
Ms. Bonser read a lengthy prepared statement. She talked about the Town of Nottingham violating individual's rights, and how the recent change was the correct thing to do. She noted that convicted felons and employees were the only individuals not allowed to carry on town property under the old policy. She referred to the minute man and the town motto, "Defender of Liberty," indicating that it could easily become, "Offender of Liberty." She talked about statistics and school violence. She informed all that she had searched the RSAs further and had found no authority given to the municipalities after RSA 159:26. She talked about the employees being equal.
Mr. Brown reported that he had received word from the town's attorney that RSA 159:26 is a legal pre-emption of the municipality. He, also, contacted the town's liability insurance carrier and was transferred to an attorney at LGC who informed him that there is no more liability from an employee carrying as there is from a citizen carrying. The attorney suggested that the employee be made aware of their responsibility if choosing to carry.
Chief Foss explained that individuals have a right to carry a weapon in the open. If choosing to carry concealed, an individual must apply for a license to carry. A criminal background check is done on all applications. If there are no crimes at a felony level, the state will issue a permit. Mr. Mills asked if there are any requirements to prove proficiency with the weapon before a license is granted. Chief Foss replied that there is not. Chief Foss indicated an unknown future with the recent Supreme Court ruling that the federal government cannot impede upon an individual's right to carry. At Mr. Terninko's inquiry, Chief Foss informed all that a license is good for a term of four years. Ms. Doughty informed all that Maine requires a safety course in order to obtain a
license. Ms. Carpenter inquired about carrying a gun into the school. Chief Foss informed her that was not legal under the safe schools act. Ms. Smith wondered what the issue was. Chair Bock informed her that Ms. Mills had raised some concerns that she would address next.
Chair Bock confirmed for Ms. Mills that they were discussion a policy, not an ordinance. Ms. Mills informed all that on June 22 she called the ATF and the State Police. She was told that yes, people have a right to carry a weapon. She was also told the RSA 635:2 states that no one has the right to carry a gun into a public place such as a town office if there is a sign posted on the entry doors of the building "prohibiting firearms." She noted that only the selectmen have the authority to post and only after a certain process is followed. Neither Mr. Brown nor any of the selectmen had been advised of RSA 635:2 (and 635:4, Ms. Mills added) and concurred that they would look into it.
Ms. Mills talked about the second amendment being set up to form a militia and not wanting to be labeled anti-gun. She requested that the selectmen return the policy to the previously approved 2005 policy, adding that she was appalled that this would have passed without input from the residents. Addressing Mr. Brown, she informed him that she had called LGC regarding the liability insurance and was informed that they could not tell her how it would be effected as it had not been figured in, yet. She also called all the surrounding towns; none of which allow weapons at work, she stated, because of the liability. She again indicated disappointment in the passage of change, wondering why the issue was not tabled. She talked about the innocent people and accidents. She inquired as to
whether the change was requested by employees and if so, their fears and concerns should be addressed publicly and steps taken to correct the situation. Ms. Mills noted that the town offices are adjoined to the police department and that the town offices are equipped with panic button. Ms. Mills reiterated that she should feel safe when she comes into a public building such as the town offices.
Lastly, Ms. Mills noted that she had addressed putting policies on the web site and the selectmen had agreed, however, at the last meeting, the town administrator and recording secretary had commented that they did not feel the personnel policies belong on the website. She voiced concern over who is running the town. She indicated that no one would know of the changes that were made if the policy were not on the website. She felt that neither the minutes nor the agenda were clear. The selectmen did not agree, noting that review of the manual was clearly listed. Ms. Mills feels that the sections reviewed and considerations being made should be listed, noting there is a difference between deciding on an extra holiday or carrying guns to work. The selectmen informed her that this was not a
previously discussed change. They were making their final review, the change was suggested, the selectmen acted.
Ms. Mills, again, informed the selectmen that she hoped they would consider revising the new policy and scheduling a town meeting to have public input. Ms. Smith informed Ms. Mills that she did not understand her fear. Ms. Chauvey inquired as to why Ms. Mills would feel safe walking into town hall when everyone else except the employees is carrying. Referring to Ms. Mills reference of RSA 635:2, she inquired as to whether Ms. Mills wanted the selectmen to change the policy or post signs. Ms. Mills wants the policy revised. At Ms. Levenson's inquiry, Ms. Mills stated that in her professional experience she had never come across an employee manual allowing weapons at work. Ms. Sunde believes there would not be as much concern if everyone wore their weapon in the open. Mr. Hartwell
is going to rejoin the marine corps so that he can carry his 45.
Mr. Wescott addressed the issue of making policy. He informed everyone that he had been a superintendent in NH schools for 14 years. Policy is made without public input. He reminded everyone that the selectmen are elected to handle the administrative business of the town.
Mr. Terninko believes in the second amendment right but does not believe in employees packing. Mr. Netishen feels this issue has come full circle. He believes the old policy needed revising but feels the new policy is too open and needs to be modified. He feels this should be done at a selectmen's meeting not a town meeting.
Mr. Carpenter addressed the issue from an executive management position. He feels the selectmen are elected and trusted to handle the fiduciary responsibilities of the town, which include safeguarding town assets. He believes the selectmen failed to do this on two accounts at the June 21 meeting; first failure is to allow town employees to use town equipment to promote personal beliefs and second failure was to change the weapons policy. He feels these changes were made with a lack of due diligence and an irrational logic, pitting the town’s people against the town’s administration. He talked about policy not being a hard and fast rule, even though it protects the town. Mr. Carpenter feels there are already enough outstanding issues requiring the selectmen's attention, such as
groundwater and kennels. He suggested that any of the selectmen not capable of acting in the best interest of the town step down and allow another to do the job. He called for the selectmen to repeal the policy and post signs. Chair Bock acknowledged Mr. Carpenter’s passion. He informed him that the selectmen would be researching the issue further and would respond. He had hoped to put and end to this issue this evening but feels there is still more, including RSA 635:2 and RSA 635:4, to be researched before a final decision is made.
Responding to other comments made, Ms. Bonser noted that Article 10 got Nottingham in the governor’s door and answers from the attorney generals office are pending. She informed Ms. Mills that the second amendment of the federal constitution refers to militia, not New Hampshire’s. Reading the definition of policy from Black’s Law Dictionary, Ms. Bonser feels that the employee manual would fall under RSA 159:26.
Mr. Carpenter reiterated that his concern is more to do with the selectmen’s fiduciary responsibilities than with gun control or weapons. He feels the selectmen’s permissive policies put the town at risk.
Chair Bock suggested the selectmen insert, “and specifically notify the Board of Selectmen” to the two areas previously changed.
Mr. Anderson was concerned with liability and suggested going back to the 2005 wording until the selectmen had a chance to research this issue further.
Ms. Bonser acknowledged RSA 159:26, noting that it clearly pre-empt the town from having any authority. She pointed out that often times there are no officers at the police department as they are out on detail. Ms. Bonser does not feel that the municipality will be able She wants to meet with council and is interested in the Supreme Courts decision in McDonald v. Chicago. She was to leave it as approved on June 21.
Chair Bock closed discussion at 9:02 PM.
Motion: Anderson, second Bock to rescind changes made to Section V. STANDARDS OF CONDUCT, Part L., on page 33 of the June 21, 2010 manual, making the policy consistent with the policy approved in 2005 requiring written authorization from the selectmen to carry a weapon.
Vote: Anderson and Bock in favor. Bonser opposed. Motion passed: 2-1.
GENERAL BUSINESS
There was a short break as people disseminated from the meeting. Chair Bock reconvened the meeting at 9:09 PM.
Motion: Bonser, second Anderson to enter non-public under RSA 91-A:3 II (a).
Vote: Anderson – yea, Bonser – yea, Bock – yea. Passed by roll call: 3-0
The selectmen entered non-public at 9:10 PM.
Motion: Bonser, second Anderson to exit non-public.
Vote: Bock – yea, Anderson – yea, Bonser – yea. Passed by roll call: 3-0
The selectmen exited the non-public session at 9:32 PM.
Motion: Bonser, second Anderson to seal the minutes of the non-public session.
Vote: All in favor. Motion passed: 3-0
Having no further business,
Motion: Bonser, second Anderson to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 9:36 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as amended at the July 19, 2010 meeting
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