By Patrick Adrian Staff Writer
CLAREMONT — City councilors have no recourse to demand Councilor James Contois to attend council meetings in-person, according to the New Hampshire Municipal Association.
A number of Claremont councilors expressed their grievances on Wednesday to fellow councilor Contois, who continues to attend meetings only by Zoom despite the council’s return to in-person meetings on June 5.
Councilor Michael Demars, who joined the council last month, asked to add the discussion of Contois to the agenda on Wednesday, saying that Contois’ continued remote attendance causes meetings to move more slowly by requiring every council decision to need a vote by roll call.
Demars also said he felt that face-to-face interaction lends to better communication and relationship-building.
“We don’t all agree on everything, that’s pretty obvious,” Demars said. “But I think you develop a report and a better understanding and respect for one another when you’re in the same room. And I want that to be the norm for all of us.”
Demars said that remote attendance is understandable on occasions when an official is out of town but not appropriate when “remaining in town and remoting on a regular basis with no end in sight.”
Other councilors agreed with Demars about the impact on the rest of the council.
“I do sympathize but I also agree that [having a councilor remote] drags on the night,” Councilor Nicholas Koloski said. “And there have been several cases where we are unable to hear him.”
Koloski noted that individual councillors are still free to wear a mask in meetings and could be permitted to sit in a more socially-distanced location of the room.
“It does add a problem for all of us because it makes our night longer,” said Councilor Deborah Matteau. “Every time we vote we have to vote by roll call.”
Contois, who has family members who are immune-compromised, said that he will not endanger their health by convening indoors with people who he does not know whether or not they are vaccinated.
“[Only] 50% of the people in New Hampshire are vaccinated with two doses,” Contois said. “Less than 60% with one dose. The pandemic is not over, it’s dangerous [and] I am not going into buildings with people who are not masked, where I don’t know if they are vaccinated or not. And the law says you cannot make me.”
A legal interpretation by the New Hampshire Municipal Association (NHMA) of state statute concurs with Contois about his right to remain remote.
According to NH RSA 91A:23, an official is permitted to participate in a meeting from a separate location “only when such attendance is not reasonably practical.”
According to NHMA legal counsel, in a written response given to Contois, the phrase “not reasonably practical” means that the individual has a legitimate reason for being able to attend the meeting in-person.
Such reasons, the NHMA states, include personal health or medical circumstances.
“This would include the need to avoid contact with those who are not vaccinated by COVID-19 because of the potential harm to other members of your household,” the document stated.
The council ended the discussion following the reading of NHMA’s response.
In an interview with The Eagle Times, Contois said that he still does not go into buildings, with the occasional exception of Market Basket. Even in those cases he and his wife typically shop in the early morning or late evening when customer volumes are low. Many times he still uses the curbside services.
But the major factor to Contois is the aerosolization, or the airflow system’s capacity to carry particles, contagious or otherwise.
Contois said he is less worried about aerosolization in a supermarket with an active air-exchange than Claremont’s Council Chamber.
It is also unclear whether all of Claremont’s councilors are vaccinated at this time.
Contois said he is more comfortable attending outdoor gatherings though he still practices social distancing and wears a mask when in close proximity with others.
Contois, who had served as the interim director of the Claremont Senior Center, said he stepped down from the position when the center decided to reopen in May.
“If I am not careful my daughters won’t let me see my grandchildren,” Contois said. “So I am careful.”
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