By Patrick Adrian
[email protected]
Editor’s Note: In the Friday and Saturday editions of the Eagle Times, it was erroneously reported that the name of Claremont City Councilor Jon Stone’s attorney is Peter Decanto, when in fact his name is Peter Decato.
CLAREMONT — Attorneys for Claremont City Councilor Jon Stone are seeking an injunction from New Hampshire Superior Court to prevent the public release of internal investigation records of Stone while serving as a Claremont police officer.
Peter Decato, attorney for Stone, filed a complaint on Tuesday in Sullivan County Superior Court against the City of Claremont, which recently announced it was prepared to release records of internal affairs cases involving former officer Stone.
On June 6, freelance journalist Damien Fisher submitted a Right-to-Know request to the city for copies of any investigative records into the conduct of Stone while serving as an officer and any written communication regarding Stone’s termination from the department. The Eagle Times has also filed a Right-to-Know request for these documents.
Stone’s complaint is currently sealed and unavailable to the public. But in a letter to the Eagle Times on Thursday, Claremont City Manager Ed Morris said the complaint “seeks to enjoin the City of Claremont from publicly disclosing any and all documents associated with [the] Right-to-Know request.”
“As a result of this legal action, the City shall not produce, for public inspection, any such related documents to this matter until the courts have fully adjudicated this complaint and provided guidance on what governmental documents are subject to public disclosure pursuant to RSA 91-A,” Morris’ letter states.
Morris also confirmed to the Eagle Times on Monday that the city had sent a letter to Fisher, informing him that the city found 11 investigative case records of Stone during his tenure with the Claremont Police Department. Morris said the letter’s intent was also to notify Stone’s attorneys of the documents the city would be releasing under RSA 91-A. The city provided a seven-day period before releasing the records to allow Stone’s attorneys an opportunity to file a complaint.
In May, the New Hampshire Supreme Court overturned a 30-year-old precedent that had guaranteed the exemption of municipal employee personnel files, including police officers, “from public disclosure.” In overturning the precedent, the court said that personnel records could potentially be released as public documents.
However, the New Hampshire Supreme Court’s ruling provided no guidance to municipalities to determine what employee records could be deemed public information.
In July, the city filed a complaint in Sullivan Superior Court, in which it asked the court to review the documents being requested and issue an order as to which documents are subject to public disclosure. But last month Judge Brian Tucker dismissed the case, instructing that Claremont should fulfill the Right-to-Know request but parties may seek an injunction for any document of concern.
A hearing on Stone’s complaint is scheduled in Sullivan Superior Court on Wednesday, Sept. 9.
In a phone interview with the Eagle Times in July, Fisher said that Stone’s conduct as a police officer is relevant public information, given that Stone is an elected official.
Stone is also currently running as a Republican candidate for a district seat in the New Hampshire House of Representatives.
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