Removal of Raymond Conservation Commission Members 2011
Written by Cheryl Killam, Raymond
The problems for the Raymond Conservation Commission began in January of 2010 when three citizen petitions were presented for the warrant ballot. One petition asked the voters to Rescind the Conservation Commission, the second petition asked to Rescind the provisions of RSA 79A:25-a to deposit all of the Land Use Change Tax (LUCT) collected into the General Fund (the conservation commission had been receiving 50% of LUCT) and the third petition asked to deposit all of the Timber Tax collected into the General Fund (the conservation commission had been receiving 100% of the timber tax revenues).
During town deliberative session in February, the petition language to “Rescind the Conservation Commission” was amended to “To See” and the question was never put before the voters on the warrant ballot in 2010. At the polls in March , the LUCT article passed 720 - yes to 584 - no and the Timber Tax article passed 702 - yes to 624 – no. As a result the conservation commission has lost its funding resources. There was also a warrant article to place a conservation easement on the “entire 370 acre town owned parcel called the Lillian Cassier Memorial Forest”. That article passed with a majority vote of 702 - yes to 671 - no.
Despite the passage of the warrant article to place the easement on the Cassier Forest, the conservation commission faced a number of attempts to prevent the conservation easement. First the Selectmen wanted to reserve 50 acres out of the 370 acres for future town development, and town counsel advised against it. Second, a citizen presented the selectmen with a petition to place the Cassier Conservation Easement question back on the 2011 warrant ballot, and again town counsel advised against it. When that didn’t stop the easement work, the same citizen filed an Injunctive Relief petition with Superior Court to try to stop the easement entirely, and the court denied the request. The Cassier Memorial Forest conservation easement was recorded in December of 2010.
In January of 2011, the Raymond Selectmen decided to resurrect the petition article to Rescind the Conservation Commission. This time it would not need a petition; the board of selectmen themselves placed the question in front of the voters. A new law now prevented the option of “To See” amendments. At the March election, the article failed 465 - yes to 581- no; it was clear the town’s voters wanted to keep the conservation commission.
Two commissioners were up for reappointment in April, one was on the board of directors of Bear-Paw Regional GreenwaysLand Trust and one was not. The one that was not a Bear-Paw board member was reappointed. The selectmen did not re-appoint the commissioner who was a Bear-Paw board member, but instead appointed Selectman Chairman Bill Hoitt, to the conservation commission, who had only attended 2 meetings. In my opinion, this move violated the Raymond Town Charter Code 209-5, by them not following specific procedures for the appointment of conservation commissioners which are: attend at least 3 meetings, forward the minutes along with a nomination letter written by the conservation commission recommending appointment after a vote is taken and be interviewed by the board of selectmen for appointment.
In early May, citizen Gary Brown attended a conservation commission meeting and filed a complaint that five commissioners had violated their own by-laws by signing citizen petitions in prior years. Gary Brown demanded that all five offending commissioners resign immediately or he would take the complaint to the selectmen. The commissioners reviewed their by-laws and wrote a letter to the selectmen stating they disagreed with the citizen’s complaint and recommended the selectmen disregard the complaint.
On May 31st, I was contacted by the retiring Town Manager and told that the Selectmen had a complaint against me. I requested that the complaint be explained clearly in writing and that the selectmen sign the letter. This was not done, but on June 7 the Interim Town Manager requested that I attend a Non-Public meeting with the selectmen prior to the selectmen’s public meeting on June 13th. Again, I requested that the complaint be clearly explained in writing, but the Selectmen wouldn’t comply.
The Selectmen’s meeting agenda for Monday, June 13, came out on the previous Friday evening with an agenda item “Public Hearing on dismissal of Conservation Commission Member.” None of the conservation commission members were notified about whom this was regarding. A notice was posted in the Sunday Manchester Union Leader stating “The Raymond Board of Selectmen will be holding a Public Hearing on dismissal of a Conservation Commission Member under RSA 36-A”.
I have been on the Conservation Commission for 9 years (4 years as vice chair and 5 years as chairman). I suspected the Selectmen were planning to remove me so I contacted an attorney. With the help of my attorney, another letter was written to the Selectmen requesting the Non-Public meeting be rescheduled to allow for preparation, the complaint be put in writing (a fourth time) and a Public Hearing per RSA 36-A be granted.
On June 13 the Non-Public meeting began at 6:30 pm in a back room. I was in attendance for less than 4 minutes to present them the letter requesting an explanation of the complaint in writing and requesting a public hearing. When the selectmen opened their public meeting in the media center at 7 pm, they skipped over the Public Hearing agenda item and took input from residents during Public Forum on other subjects. When I questioned the Selectmen about not holding the noticed Public Hearing, they stated it was not needed nor was it requested, and they continued their meeting. I had a short statement prepared and 20 people were in attendance to speak on my behalf, but no one was allowed to speak. I was shocked and speechless.
The following morning, I received an email with an attached PDF letter dated June 13 signed by the selectmen stating, “Tonight the Board of Selectmen voted to remove Cheryl Killam from the Conservation Commission for cause, effective immediately”. There was no further explanation of “cause”.
During the June 20 Board of Selectmen meeting, Gary Brown brought the by-laws complaint against the five commissioners and made his allegations about the violations public. Jan Kent has been on the conservation commission for 19 years, Cody Cramer for 6 years, Leslie O’Donnell for 5 years and Barbara Edgar for 3 years. The selectmen directed each of the accused commissioners, to individually sit at a table with the complainant. The three commissioners present, Jan Kent, Leslie O’Donnell and Barbara Edgar, responded (Cody Cramer had advised town officials that he would be out of town on business that night, and the fifth was myself, who had already been removed). They refused to allow comments from the public in attendance, and there was no public hearing noticed or granted, even though it was requested in writing in advance by at least one of the accused commissioners.
Each of the commissioners was accused of an identical charge - violating the conservation commission by-laws by signing citizen petitions. Two of the commissioners had never seen the bylaws. Three commissioners, Jan Kent, Cody Cramer and Leslie O’Donnell were removed “for cause,” with no further explanation. Barbara Edgar was not removed, also with no reason given. The “cause” has not been explained by the selectmen, despite repeated attempts to obtain written explanation for dismissal by the accused commissioners and the New Hampshire Civil Liberties Union.
On June 28 I dropped off copies of my court filings with the town office as a courtesy. The selectmen added to the agenda of their previously announced June 30 Non-Public meeting, a public meeting to appoint four new members to the commission. The new members are Sharon Weldy, wife ofsitting selectman Lee Weldy; Frank Bishop, who filed with Superior Court the unsuccessful Injunctive Relief petitionto stop the Cassier conservation easement; Tina Thomas, acitizen who accused the commissioners at deliberative session2010 of receiving kickbacks fromBear-Paw and has repeatedly criticized conservation activities at selectmen's meetings; and Chuck White, a previous commissioner from five years ago.
Currently there is litigation in Rockingham County Superior Court (Cheryl Killam vs. the Town of Raymond Board of Selectmen). My arguments: The town violated RSA 36-A by not providing a requested Public Hearing, the town violated RSA 91-A requirements for Non-Public Sessions, the town violated RSA 43 because it did not provide Advance notice or opportunities to be heard, and the town deprived me of Due Process.
Requests to release the minutes of the non-public meeting of June 20 have been denied by the selectmen for reasons of “pending litigation” despite the fact that the other 3 commissioners removed are not a party to my case.
My purpose for pursuing a legal solution is to help Conservation Commissions in NH, and to prevent selectmen from other towns from abusing their power by removing commissioners at will. Please attend the 10 AM court hearing on Dec 12, 2011 at the Rockingham County Superior Court in Brentwood on route 125.I am paying for the legal expenses out of my own pocket. Feelfree to contact to me at or call 603-679-8656.