By PATRICK ADRIAN
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CLAREMONT — On Friday City Councilor Nick Koloski published a letter for public record to raise concerns about the policy committee, citing a need for better transparency and closer operation with the council’s knowledge and consent.
In a separate but related incident, it appears that councilors in attendance at Thursday’s Policy Committee meeting violated New Hampshire Right-to-Know law by forming an illegal quorum.
Letter of concern
On Friday afternoon Koloski posted an email he wrote on What’s up Claremont, a community Facebook page, which he asked to be shared with the rest of the council. Councils cannot by law email other council members directly about matters typically discussed in a meeting, unless a meeting is publicly in session.
Koloski’s letter referred to the policy committee, which the city council created in 2016 to research and addressed outdated ordinances. The committee comprises three members of the city council and two council-appointed residents. The current members are Mayor Charlene Lovett, Councilors Jon Stone and Abigail Kier, and residents John Simonds and Bonnie Miles.
In the letter Koloski alleged that the policy committee may be discussing ordinance changes beyond what the city council approved.
“My understanding is the policy committee was created to undertake policy research as directed by the Council,” Koloski wrote. “I never understood it to be items the committee itself would like to undertake.”
Koloski said on Saturday that he would wait until the city council meeting on Wednesday to elaborate on specific examples, though they occurred prior to Thursday’s committee meeting.
Koloski’s concern refers to a small group of councilors having discussions on items outside of open council meetings, on decisions not first considered by the council.
“If items are brought up at an actual Council meeting and a majority of the Council feels it needs to be discussed, I feel it should then be an item to be added to the policy committee agenda,” Koloski said.
Unlawful quorum
On Thursday the attendance by two city councilors of the Policy Committee meeting turned “a small group of councilors” into a quorum, in possible violation of New Hampshire statute concerning outside communication of public officials.
According to New Hampshire RSA 91-A:2, regarding public meetings, any convening of a majority of any public body to discuss or act on that body’s business constitutes a meeting, and any meeting that is not publicly posted 24-hours in advance is unlawful.
City Councilors Andrew O’Hearne and newly appointed Kristin Kenniston attended the policy committee on Thursday as members of the public. However, once a majority of councilors convene for a discussion of council business, even if it was a public meeting under a different committee, the group constitutes a meeting of city councilors.
The majority of the meeting discussion concerned a draft of recommendations for the police commission ordinance that the committee plans to discuss with the city council on August 14. According to Mayor Charlene Lovett, Claremont’s ordinance is incomplete and fails to sufficiently detail the commission’s powers, structure and duties similar to those of other city boards, committees and commissions.
However, the committee also discussed a path to amend the city charter in order to make commissioners elected by voters rather than appointed by the city manager, as is present. Though other New Hampshire municipalities elect their commissioners, Claremont’s system is also allowed by law.
O’Hearne has attended policy meetings in the past, but with Kenniston’s attendance a majority of five councilors created a quorum.
The policy committee is an advisory committee, so the committee casts no binding vote or decisions. But an unlawful quorum, even when unintentional, can compound the problems of perception regarding transparency that Koloski discussed.
Attempts to reach Mayor Lovett for comment were unsuccessful.
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