Publius, please accept this as an ARTICLE SUBMISSION.
Mr. Brownfield’s presentation to the Board of Selectmen, regarding DENIAL OF RIGHT TO KNOW INFORMATION by our Selectmen is now on youtube for your immediate viewing. It is only 7 minutes long! Copy and paste in your browser: http://www.youtube.com/watch?v=y3YPBWB_jDE
Town Government cries “FOUL” to the press, when caught denying, refusing, and illegally withholding - - Right to Know Information. This is a clear case of Selectmen “trying to put a shine on a sneaker” before being held accountable to a higher authority. What the video shows - Chairman of the Board Paul Sullivan at the Selectmen’s Meeting on 5/5/2008 restricts town resident Mr. Brownfield to only 10 minutes to discuss (1) DENIAL OF RIGHT TO KNOW INFORMATION, (2) Freedom of Speech, (3) A new petition to revalue the Town of Atkinson signed by more than 150 taxpayers. Sullivan refuses to allow Mr. Brownfield to appear again before the Board to discuss Items (2) and (3). Brownfield's Freedom of Speech to discuss Freedom of Speech is denied as is legally required Right to Know information.
Tuesday, May 6
Selectmen’s Meeting May 5, 2008 8:15 PM
Board Members: Paul Sullivan, Fred Childs, Bill Friel
Mr. Brownfield’s presentation to the Atkinson Board of Selectmen:
Brownfield says: I am to speak with alacrity, as it is my understanding that you have limited me to only 10 minutes to discuss the following issues:
1. Denial by the Board of Selectmen of required Right to Know information.
2. Freedom of Speech – Removal of all atkinson-reporter.blogspot.com signs from the town prior to an election.
3. The new Petition to revalue the Town of Atkinson signed by over 150 property owners.
Given the 10-minute “constriction” this board forced upon me, I will address the denial of Right to Know issues. I will begin by reading my presentation. Afterwards I will seek specific answers to my questions.
Sirs,
On April 14 of this year, I presented a Request to Know letter to the Chairman of this Board of Selectmen on behalf of the Atkinson Taxpayers Committee. A second letter was presented on April 23rd and again on May 2nd along with a copy of the Right to Know Law. I asked this copy of the Right to Know Law to be distributed to each selectman. Did you gentlemen receive, read and understand all the information presented?
So we assume that you are aware that you can be held individually and collectively responsible for not complying with the law.
To date, I have not received any information regarding my RIGHT TO KNOW requests for:
1. The minutes of the meeting between Mr. Sullivan and Mr. Sapia regarding their discussion of Town counsel’s opinion as to the legality of removing atkinson-reporter.blogspot.com signs prior to our last election. (THIS CONSTITUES A FREEDOM OF SPEECH ISSUE)
2. The minutes of the meeting between selectmen regarding your response to Mr. Artus’s 14 questions when he appeared in front of the board. You provided only four (weak and incomplete) responses to the 14 questions.
As you know, the law requires that all minutes must be written within 72 hours and posted FREE OF CHARGE within 144 hours (6 days). To date, that information is not available and has not been given to me.
My questions to you tonight are:
1. Why are the minutes not approved and posted within the legal requirements?
2. Why is this board not meeting its legal requirements?
3. Why have I not received my required answers to my committee’s questions under the RIGHT TO KNOW LAW?
4. When will I have ALL the answers to my questions?
5. When is this board going to stop breaking the laws of this state and . . .
6. When is this board going to meet its legal responsibilities in answering RTK requests and stop wasting the taxpayers time and money?
7. What policy is this board going to put into place to reimburse taxpayers for the amount of money and time spent, when these
requests are not met in the legal time allowed?
Sirs, it appears that the past and present board believes that the RIGHT TO KNOW LAW is. . . a. . . joke! Further, the past and present board believes that it can withhold, not declare, falsify and even remove information from town files, in order to keep the taxpayer from getting information the board does not want the public to have. This is further evidenced by this boards new policy of charging $15.00 an hour plus .50 cents a copy to get RTK information. This policy CLEARLY goes against the intent of the Right to Know Law.
The most important question I ask is the following:
1. Will you commit tonight, to stop breaking the RIGHT TO KNOW LAW or are you going to force the taxpayers of this town, to take you to superior court to get you to obey the laws of this state?
Sirs, I present you, individually with my fourth request for the information you are withholding in violation of the Right to Know Law.
Comments:
1. Selectmen refuse to commit to Mr. Brownfield for a date for their reply.
2. Selectmen refuse to allow Brownfield to appear again before the board to discuss his two other issues, Freedom of Speech – Removal of all atkinson-reporter.blogspot.com signs from the town prior to an election and the new Petition to revalue the Town of Atkinson, signed by over 150 property owners.
3. Sullivan promised in the video to ANSWER IN WRITING the following question –“Will you commit tonight, to stop breaking the RIGHT TO KNOW LAW or are you going to force the taxpayers of this town, to take you to superior court to get you to obey the laws of this state?” To date (5/29/2008) No ANSWER IN WRITING by Sullivan has been provided. This is yet another BROKEN PROMISE just as the Selectmen’s Office is “littered” with broken promises to provide Right to Know Information to the citizens of Atkinson.
Mr. Brownfield’s presentation regarding DENIAL OF RIGHT TO KNOW INFORMATION by our Selectmen is now on youtube for your immediate viewing. It is only 7 minutes long! Copy and paste in your browser: http://www.youtube.com/watch?v=y3YPBWB_jDE
Why don't you just sue the town and be done with it?
ReplyDeleteThe finger pointing is getting a bit tiring. Either the selectmen are doing their best to respond or they are complete criminals. I've heard and read so much about this I have RTK fatigue. I have no idea who is telling the truth or whether or not an actual crime/violation has occurred.
I do know one thing: you guys are taking up a lot of town resources over this. So if you do sue, then you better be right because any credbility you may have, or think you may have, will go down the drain if the court finds you are wrong.
This town has a lot of priorities with new leadership FINALLY in place and I would like to see them get an opportunity to actually make some changes. You guys have been in the Selectmen's face since day one after the election and I do not believe they've been given a fair chance. Especially given the mess they inherited from Sapia and McAllister. There are so many things this town needs addressed.
You now have the Selectmen in defensive mode because in my opinion, you've got them convinced you are going to sue over this issue. And it is an issue that is a residual issue from the previous leadership. They are reacting like I would given the relentless attack dog mode on display.
I say give it a rest. If you feel you've been wronged that badly, then quit whining and go file your lawsuit so I don't have to hear about this anymore.
My Opinion, for what it is worth, is the resident needs to be as specific as possible, and the town needs to do everything it can to comply with as minimal effort as possible.
ReplyDeleteMeaning, if you are asking for minutes, and they are not online, be as specific as possible.
If the resident is requesting something that is in a file in the town hall, let them look through the file for what they want and copy it themselves. That way it saves time and trouble.
Also, the more public information the town puts on its vastly underutilized website, the less people will be asking for.
Oh come on now. If they sue we'll hear about it more often. The only way to put it to bed is to give up the info they asked for. If they need to clarify some of the requests, so be it. Just because there was one selectman who was changed out doen't mean that old business goes away. They don't get to start with a clean slate after an election. Besides, it's not a residents fault that the selectmen are defensive, it's the selectmen who are responsible for their response. If they are too weak to do the job don't come crying to me. They are REQUIRED to supply the information requested.
ReplyDeleteI'd love to see the town post the agenda for the selectmen's meeting after the thursday deadline. I would really appreciate seeing it each friday and don't think there's a good reason NOT to post it.
ReplyDeleteActually it is ILLEGAL not to post it in TWO public and conspicuous places, for at least 24 hours prior.
ReplyDeleteHalf the time it is not even posted outside the town hall.
Agree with anon 3:49PM
ReplyDeletebeen there, done that.......
heard it, heard it, heard it
move on
boring.........blah blah blah
This and the assessment thing is beginning to sound like the "Boy Who Cried Wolf". If I see another 10,000 words about it I'm going to scream.
ReplyDeleteAnd as far as the Selectmen's credibility; To me their is a faint glimmer of a light at the end of the tunnel, but it is just a glimmer and not getting bright real fast. Even though a few real good questions have been asked (and I assuming we're talking about the chief here), he has not been said "NO" to. He got his car. Nothing has been done about the sick pay issue. Nothing was done about his gross ineptitude regarding the abduction incident.
Until I see steam com'in out his ears (like taking away the pleasure vehicles or a reprimand, for anything), nothing has really changed.
Whether you agree or not, whether it bores you or not, they are legally required to fork over the info.
ReplyDelete"Whether you agree or not, whether it bores you or not, they are legally required to fork over the info."
ReplyDeleteAs a whole, don't disagree. But if what was said in ET is correct that the requests are vague and it's my tax dollars being spent doing requesters research, then I think the BOS has the responsibility to set some guidelines.
I also totally agree the town's website is woefully under utilized and could help solve some of these issues. I defended the BOS above, but on the other hand, no new minutes have been posted in a month. And the minutes themselves do not contain nearly enough detail. Compare them to the video clips we've seen and you wonder if both were done at the same time.
Once in electronic form, it can take less than a minute to update a website with a document.
I also suggested a long time ago that much of the towns documentation could easily be put into electronic form . Hire a couple of college kids, put them in front of a rented page feeding scanner, bingo, electronic documents.
There are no absolutes. Even our very own Consititution is clear about this. No law and no freedom is absolute. There are limitations on everything...including the Right to Know laws.
ReplyDeleteCertain people are just going to have face facts and realize that they are not going to get everything they want. You have to do your part and be specific and what you wish to "Know". Certain things just cannot be disclosed and certain things have to - and shall - be redacted.
I am also starting to become quite upset over the chnage of attitude that is being placed on this blog. Does anyone else see the irony here? The vast majority call Chief Consentino, current members and past members of the Board of Selcetmen bullies...but apparently it is okay for everyone else to pile on them?
I really think that Publius should start taking the "high road" and advocate change from within the system with realistic ideas to bring about those changes. I also strongly believe that if Valerie Tobin was elected that the BoS bashing would be non-existent...but this blog's candidate did not win and certain bloggers are having a hard time dealing with it...kind of when you drive around and still "Kerry for President in '04!" stickers. It is what it is, but we need to give honest and open debate - not name calling and e-bullying via this blog - to get what we want through the democratic process. I think that Publius would agree - and I think that that was Alexander Hamilton's idea while he wrote the Federalist Papers under the psuedonym that the blog master uses.
A lot of the "ideas" that are thrown out are being thrown out be people who do not have any background or training with the issues of the town. The police are an easy target...but how many of you know exactly what you are talking about? How many of you only know police work from what you see on TV? Get educated about what you want to argue about. If you have a questions ask...don't assume..when you assume...you make an "ass" out of "u" and "me".
Take the high road.
To the Board of Selectmen:
ReplyDeleteIt would appear that most of the information people are looking for is public. Personnel info would and should be out of bounds. But as for people looking for letters, copies of minutes, and other public document, did you ever consider handing them the minutes book, or the file, and letting them find their own? They want copies of field cards....let them make their own (at $.50 per page). There really is no reason why any of the office employees should have to waste spend their time doing that, and most of the stuff in your office really is or should be available to the public. If they have to do the work, perhaps they'll reconsider their dire need to have i
This statement is telling:
ReplyDelete"Until I see steam com'in out his ears (like taking away the pleasure vehicles or a reprimand, for anything), nothing has really changed."
While issues do have to be addressed --comments like the one above indicate that some out there will not let the BOS do thier job uness there is an immediate pound of flesh.
Let's say that you get it-and when the chief is the one litigating against the town-you can complain about the ineptitude of the BOS for getting us into litigation with the chief.
Let them-methodically-do thier jobs--and the job will get done. I expect they will hand him his own rope imho.
I agree with Mr. Acciard. There is an obligation on the resident to be clear and specific about what they want. I also agree that the town website is in need of major updating and could be readily used to keep a lot of this info available on line. Minutes must be more detailed and posted in a very timely fashion. The Selectmen's meeting agenda should also be posted on line. At the same time, residents should not be putting an excessive burden on the town. The RTK RSA is clear. If you don't like the RTK RSA, contact your local representative. But don't take it out on the BOS.
ReplyDeleteI don't see anyone here bashing the policemen themselves. As Mark as said many times, they are decent bunch of people trying to do the best they can at their jobs.
ReplyDeleteOne does not need to be an expert in police matters to see that the leadership has some serious problems. And this not speculation - It's all documented and in the public domain. Many of us have witnessed it first hand. A whole web site could be constructed around the PD leadership. We're talking about examples of problems that have gone on for years. It appears nothing has changed since Peak. So fine, I'll ask a question. How is it that the chief of police learns about a potential abduction by clearing his inbox and not from his officers? Is that SOP? How is that the chief suddenly takes on the role of postal inspector, and his target just happens to be someone who was suing him (and won)?
I'm all for letting the BOS do their jobs. But they missed an excellent opportunity when they approved the new car. So yes, we are filled with much hope, but we're getting antsy too. Asking that the BOS say no to the chief is not asking for a pound of flesh. All I'm asking for at the moment is for them to just say no to him, just once. Just baby steps.
Poor people, so sick of hearing about RTK info requested. Too bad.
ReplyDeleteThe law requires them to give it up and the law also states what kind of info can be obtained. The BOS is clouding the issue, months later by saying the questions are too vague. Let them come back with a list of vague questions and then, and only then, can the questions be filtered and resubmitted.
Why do some people who write in think they know who voted for whom and how many people post comments?
They could not, and do not, and never contribute, merely criticize.
I to agree with Mr. Acciard
ReplyDeleteI think is is the residents responsibility to be specific. The town needs to do what it can to comply with as minimal effort as possible (saving as much tax dollars as possible).
I don't want my tax dollars funding someone elses efforts to be a b--- braker. If you are asking for minutes, state the date! If you want a subject research .. please do it yourself !!
It's out of line to call people names who are trying to bring information out into the open. It's their legal right. This BOS has been hiding minutes, and voting in closed sessions and I for one appreciate the fact that there are a few people putting themselves on the line to get stuff exposed. I know I don't want to be the one who gets visited by an Atkinson, NH police officer because the BOS and the Chief don't want people asking questions. The only people who ever oppose a resident's quest for public information are those who are afraid of what might be exposed.
ReplyDeleteThe truth always comes out and when it does, the town will be a better place.
Don't worry about your tax dollars, they are being wasted on police cars, pleasure vehicles, lost guns, and lawsuits. The hourly wage of a office worker getting RTK info is not only part of their job, it's merely a drop in the slush bucket? I'd rather see them doing their job than hanging around town hall gossiping.
"Why do some people who write in think they know who voted for whom and how many people post comments?
ReplyDeleteThey could not, and do not, and never contribute, merely criticize."
Whatever this is supposed to mean. Haven't a clue.
Bringing up the same issue over and over again is not going to get more people interested in it. Best I can tell only a handful of people, at most, seem to care about this.
We get the point. We got the point. 10,000 more words is not going to help. Find a new windmill to fight.
You don't have to be interested in this. Just go away.
ReplyDeleteLet's hear some comments regarding that video and what it says. All I hear is people begging and pleading for it TO GO AWAY! The speaker in that video is specific in asking for Selectmen minutes that are being withheld! It looks very specific to me. It sure is curious that so many townies are so anxious to get this off the blog or to discredit it. I looked at the video myself and made my own judgment that the selectmen are very guilty of withholding the minutes from their own meetings as it would implicate them in illegal election tampering (removing blog signs prior to an election). Let's see some comments on the issues, like removing blog signs against our town attorneys advice. And to the woman who always complains of "whining". Tony Soprano's mother has the perfect response: "OH...Poor You!"
ReplyDeleteGee, not a comment in a week. I guess it's "Poor you" with the firestorm of reaction this topic has gotten.
ReplyDelete