Town of Nottingham
Selectmen’s Meeting
July 19, 2010
6:37 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
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Chris Mills; Gail Mills; Judy Doughty; John Terninko; Garry P. Anderson; Bernie Cormier; Harry Wescott; Jerry Rivet, Kissimmee, FLA; Patrick Donahue; Hal Rafter; Fenton Groen; Terry Bonser; John Cav?? (Chester Arms, LLC)
ADMINISTRATIVE BUSINESS
There were no department reports. Mr. Brown informed the Selectmen that the road agent is working on Kennard Road. There had been a few complaints due to some banks that had been left, leading into driveways; however, they have since been graded down.
The selectmen reviewed and signed the billing manifests, read the incoming mail, and signed two salary history forms for the recreation department.
The recreation department has received its new van. Everything is good, so far.
The tax collector sent a memo to the selectmen informing them that 115 properties have outstanding tax balances.
Ms. Bonser inquired about the town's current finances. Mr. Brown reported things are in better shape than a couple weeks ago.
Ms. Bonser informed the public of the upcoming Summer Concert series to take place, rain or shine, on Wednesday evenings at the Community Center Bandstand, beginning at 6:30 PM. If there is rain, the concert will be moved inside.
Mr. Anderson informed the public about the Lamprey Health Care Senior Transportation Program for the elderly and disabled. This service provides transportation to medical appointments, banks, pharmacies, grocery stores, malls and recreational day trips.
MINUTES
June 7, 2010 (Meeting)
Motion: Bonser, second Anderson to approve the minutes of the June 7, 2010 meeting as written.
Vote: All in favor. Motion passed: 3-0
Discussion: Ms. Bonser reported that she had no new information regarding the meeting between Dr. Ballestero and Commissioner Burack or about a response from the Attorney General's Office regarding the USA Springs permit.
June 21, 2010 (Meeting)
Line 14: Add Mr. Brown's name to the others who attended.
Correct the name Thibeault throughout.
Motion: Bonser, second Anderson to approve the minutes of the June 21, 2010 meeting, as amended.
Vote: All in favor. Motion passed: 3-0
Discussion: Chair Bock noted that the selectmen had run into other issues and he has not had the time to purse the staffing issue with Ms. Mills; however, he plans to get back on that and make an appointment to meet with Ms. Cilley from UNH.
July 6, 2010 (Meeting)
Line 210: Correct the spelling of superintendent
Motion: Anderson, second Bonser to approve the minutes of the June 21, 2010 meeting, as amended.
Vote: All in favor. Motion passed: 3-0
Discussion: Chair Bock made note that Mr. Albert has not submitted a written proposal regarding the river bank.
GENERAL BUSINESS
Chair Bock reported that there was a request before the selectmen to write a letter of support to include more areas in the Lamprey River Watershed. Ms. Bonser noted that at least one resident has concerns and would like to speak to the selectmen about this issue. After a brief discussion, the selectmen requested that Mr. Brown invite all residents who abut the river and would be impacted to the next meeting, along with Mr. Hadley who was requesting the letter of support.
At 6:55 PM, Chair Bock called a short break. He reconvened at 6:59 PM.
Chair Bock opened discussion on the Personnel Policy and Procedure Manual. He read a written statement noting that he has spoken to many residents on this issue and had received a very wide range of comments. He hopes to find a resolution that satisfies the majority, and acknowledged that not everyone will be happy. He reminded all that the personnel policies are a "living document", always changing. If the selectmen were to decide by a majority vote, this evening, to recognize 2nd amendment rights for its employees, Chair Bock wanted to add more specific wording. He suggested, subject to comments from the other selectmen, changing section L. under STANDARDS OF CONDUCT to read, "We recognize the importance of 2nd amendment rights for those employees
who want to carry a weapon on Town property during working hours. This assumes the personal responsibility of complying with all federal and state laws pertaining to firearms and conviction of any firearms violation(s) may lead to dismissal. Notification that you intend to carry a weapon must be given, in a timely fashion, to the BOS or its designee, the town administrator." He then suggested removing the third sentence under WORK PLACE VIOLENCE. He pointed out that this change did not require permission from the selectmen. Chair Bock publicly thanked Gene Reed for his input on the subject and asked Mr. Brown to follow up on Ms. Mills’ questions from the last meeting and to speak about liability.
Mr. Brown reported that he and Chief Foss had followed up with calls to LGC, NH State Police, and ATF following Ms. Mills’ comments at the last meeting. Feedback gathered by Mr. Brown and Chief Foss contradict statements from Ms. Mills. They do not know who provided Ms. Mills with information pertaining to NH RSA 635:2 and 635:4; however, Mr. Brown has received feedback from Chief Foss and two attorneys whom all feel that this statute is not pertinent to the issue as it deals with criminal trespass. Mr. Brown informed the selectmen that he sent an e-mail inquiry through the NH Municipal Managers Association inquiring about other towns’ policies. He received responses from 21 towns. Nine of the twenty-one towns, Northwood being one, responded they do not address firearms or weapons
in their personnel policies, at all. Five towns reported wording to the effect of allowing possession of weapons if permitted or with special permission from the selectmen or police department. Two towns reported that their policy states there will be no unlawful or unauthorized possession of weapons. The remaining five responses were unique, including a comment on panic buttons stating that panic buttons are not adequate protection, especially in small towns where the police are not always available to respond. Mr. Brown indicated that he, along with many others, feels that this issue is a non-issue with a small number of residents voicing concern. He believes that notice to the selectmen or permission by the selectmen should be sufficient, adding that a training requirement would be good; however, he does not believe that requirement would qualify.
Mr. Anderson agreed with Chair Bock's recommendation.
Ms. Bonser reported that she had been doing her own research and was getting the same feedback as Mr. Brown. She read and acknowledged the succinctness of Article 2-a of the NH Constitution. She read NH RSA 159:26, in part, and stated that it clearly preempts towns. She referred to and read from a written response from LGC indicating that a reasonable argument could be made on both sides of the issue. There are no court cases to interpret the statute. Ms. Bonser talked about three competing interests. The first being the rights of all citizens, including town employees, as defined in the NH Constitution; the second, the issue of liability; and third, the preemption by the state under RSA 159:26. She suggested the selectmen change section L. under STANDARDS OF CONDUCT to read,
"The use and/or possession of illegal weapons is strictly prohibited. The use of legal weapons in an illegal, unsafe or negligent manner is also strictly prohibited." She noted that her suggested wording did not take away the employees rights under Article 2-a of the NH Constitution, it addressed liability, and it did not go against RSA 159:26 in any way since it was only stating the obvious. For the record, she read the current personnel policy (approved 07/06/10) and the short-lived change (approved 06/20/10). Ms. Bonser also publicly thanked Gene Reed for his suggestion, adding that notification could be added to her wording; however, she feels that notification is an infringement. There was discussion of sending all recommended wording to the attorney for review and advice. Addressing liability, Ms. Bonser noted that all liability is the same for the town whether it’s liability for a “customer” pulling a gun on the
employee(s) and/or other customers or an employee pulling a gun on a “customer” or other employee(s).
Chair Bock noted that there has been an inordinate amount of time spent on this issue. He opened the discussion to the public, explaining that he would be limiting speakers’ time to allow everyone a chance to speak. Chair Bock acknowledged Ms. Mills.
Ms. Mills took the mic and addressed the selectmen and the town administrator. She asked for the record to reflect her following comments. She stated that Mr. Brown’s comments regarding the ATF and State police were inaccurate. She would be glad to provide the name of the person who gave her the information on NH RSA 635:2. She sent the selectmen an explanation about the law she quoted, to clarify. She made one additional comment regarding the state police that I could not hear. Ms. Mills stepped down.
Mr. Mills stepped up to the mic. He noted that the response from LGC supports state, federal and constitutional laws governing firearms and recommended the selectmen remove any mention of such in the personnel policies. Chair Bock responded that he has come too far. Mr. Mills voiced concern over the label of second class citizens for individuals who work on private property, in town, that do not allow weapon. Mr. Mills stepped down.
Mr. Terninko took the mic and, referring to Chair Bock’s recommendation for the personnel policies, stated that he did not understand what “a timely fashion” means and inquired as to what the repercussions would be of not reporting the carrying of a weapon “in a timely fashion.” Chair Bock informed Mr. Terninko that something had to be written, therefore, he used the term “timely fashion,” adding that timely fashion is timely fashion. As to repercussions, Chair Bock informed him that that would be determined between the selectmen and town administrator on a case-by-case basis. Mr. Terninko stepped down.
Mr. Rivet took the mic. He does not believe the issue should be addressed in the personnel policies. He asked Chair Bock what he meant by, “too much” into this. Chair Bock responded that he cares, the job pays little, people care. He wants to find a resolution. Ms. Bonser indicated that putting anything in the policy could possibly be the wrong answer. Chair Bock agreed that nothing may be the resolution. Mr. Rivet spoke further about serving the flag, the 2nd amendment, the selectmen being the hiring force and the boss, and their responsibility to determine what does and does not go into the personnel policies. Mr. Rivet stepped down.
Ms. Doughty took the mic. She reminded all she is concerned with safety, noting that accidents happen and the State of New Hampshire has no training requirement for licensing. Ms. Doughty stepped down.
Mr. Wescott took the mic. He believes the selectmen are moving in the right direction. As a past administrator, he encouraged the selectmen to continue to make policies, noting that troubles arise in the absence of them. Chair Bock acknowledged Mr. Wescott’s comments from the July 6th meeting and thanked him for his input.
Mr. Bonser took the mic and reminded the selectmen that they each took an oath when they were sworn in to uphold the laws and constitution of New Hampshire. He believes the selectman are sworn to uphold Article 2-a. He agreed with previous comments that the town is liable either way and supports no mention of weapons in the policy.
Mr. Groen took the mic and explained that he is not a resident but a past and present candidate for the state senate. He reminded the selectmen that they took an oath to uphold the constitutions of both the U.S. and the State of NH. He voiced strong concern at the prospect of making changes to these constitutions outside of the due process, noting that if we do it in this case, what’s to stop people from doing it with freedom of speech, freedom of assembly, or any other part of the constitution. He strongly encouraged the selectmen to keep the constitution. Secondly, he discussed gun-free zones in regards to Columbine and the University of Virginia, noting that without protection, people inside those zones are targets. He talked about an off-duty police officer in Colorado Springs who
happened to carry her gun to church one recent Sunday. A suicide shooter entered the church and shot two individuals before the off-duty officer shot and killed him. His suicide note indicated that he had intended to shoot as many people as he could before shooting himself. He was carrying a weapon which was holding upwards of 50 rounds. Mr. Groen then talked about the employees’ responsibility for the town whether it be during functions or disasters and acknowledged that he feels there are no better people to arm to keep the town safe. Mr. Groen stepped down.
Mr. Donahue took the mic. He left the meeting two weeks ago feeling down and believing this was going to be a problem for the town. This week he feels that cooler heads will prevail. He recommended, whatever the policy becomes, the selectmen and town administrator hold a staff meeting to clearly interpret the policies.
There was a brief discussion among the selectmen where they decided to get drafts of the recommendations to Mr. Brown for submission to the attorney. There was discussion around sending the drafts to several different types of attorneys, such as a litigator, defense or constitutional attorney. Mr. Anderson thanked the audience members for their input. Ms. Bonser asked that the topic be placed on the August 2nd agenda for an update.
ANY OTHER BUSINESS
Acknowledged by Chair Bock, Mr. Mills took the mic and provided a brief USA Springs update regarding a complaint files by the unsecured creditors. The preliminary hearing for this is scheduled for August 25. On July 27, there is a bankruptcy hearing. He requested the selectmen ask the town’s bankruptcy attorney to file an objection to any disbursement of funds to USA Springs until the unsecured creditors’ complaint is settled. The selectmen agreed to forward the request to the attorney. Mr. Mills then inquired about any follow up letter to Attorney Donovan’s initial letter of opinion dated December 16, 2009. The selectmen informed him that there had been no follow up on Attorney Donovan’s “egregious” comment; other paths had been followed.
NON-PUBLIC
Motion: Bonser, second Anderson to enter non-public under RSA 91-A:3 II (a).
Vote: Bonser – yea, Anderson – Yea, Bock – Yea. Motion passed: 3-0.
The selectmen entered non-public at 8:10 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 8:34 PM.
Motion: Bonser, second Anderson to seal the minutes of the non-public session.
Vote: All in favor. Motion passed: 3-0
While in non-public, the selectmen approved the minutes of the July 6, 2010 non-public session.
Having no further business,
Motion: Bonser, second Anderson to adjourn the meeting.
Vote: All in favor. Motion passed 3-0.
Meeting adjourned at 8:36 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as written at the August 16, 2010 meeting.
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