Board President Goldman Misrepresents the Facts

At the January 18, 2014 Eastman Council meeting, Board President Maynard Goldman made the following statement:

"One thing that is interesting to me is that since August to the best of my knowledge there has been not one public statement by the Intervenors about their objectives in all of this indeed it is my best guess that the two sets of Intervenors have different agendas.”

Mr. Goldman’s statement is a misrepresentation of the facts. Since every item before the NH PUC is in fact, public, and on the PUC website, all statements are public. The facts show numerous public statements made by Intervenors. If one goes to the Public Utility Commission's website for the filings in PUC Case #13-171 which is: The Eastman Sewer Company-Joint Petition to Approve Sale of Assets….Mr. Goldman was/is a Joint Petitioner in this filing, so is well aware of our public statements. There you will find a minimum of seven separate filings by the Intervenors between the beginning of November 2013 and prior to the end of December 2013--#27, #30, #32, #33, #35, #36, and #37. These are part of the public record as it pertains to the Intervenors’ positions and they are public statements.

So why does Mr. Goldman misrepresent the truth and the facts as it pertains to the Intervenors?

Do the VDE Officials have the Managerial Expertise to Run the Sewer Company?

The Chart below was submitted to Sullivan Superior Court along with our Trial Memorandum on March 13, 2014. It is based on reviewing Village District of Eastman Commissioner Meetings for 2012. It shows numerous NH RSA 91-A violations occurred on the part of the VDE officials throughout the year. However, it also shows occasional compliance with the law, suggesting an awareness of the law’s requirements. Do these violations demonstrate managerial expertise?

Date	Public Meeting Held	Non- Public Meeting Session Held	Motion to enter Non- public session—made and seconded RSA 91-A:3 I (a)	Specific Statutory Reason cited RSA 91-A: 3 I (b)	Roll call vote to enter non- public session RSA 91-A:3 I (b)	Subject Matter confined to Motion RSA 91-A:3 I(c)	Approval of Non-public minutes not allowed in Non-public session RSA-A:3 II
1/19/12	Yes	Yes	Yes	Not Stated	Not Done	Exceeded allowable subject matter *	Approved in Non-Public 2-15-12
2/7/12	NO**	Yes	Not Done	Not Stated	Not Done		Approved in Non-Public 2-15-12
2/15/12	Yes	Yes	Yes	Not Stated	Not Done	Exceeded allowable subject matter	Approved in Non-Public 3-21-12
3/21/12	Yes	Yes	Yes No second	Not Stated	Not Done	Exceeded allowable subject matter RSA91-A:3 II	Approved in Non-Public on 4-18-12
4/18/12	Yes	Yes	Yes	Not Stated	Not Done	Exceeded allowable subject matter
5/16/12	Yes	Yes	Not Done	Not Stated	Not Done	Unknown
6/20/12	Yes	Yes	Yes	Not Stated	Not Done	Unknown
7/18/12	Yes	Yes	Not Done	Not Stated	Not Done	Unknown
9/26/12	Yes	Yes	Not Done	Yes	Not Done	Personnel/ Unknown

* 1-19-12 Discussed Credit for efficient fixtures--not a subject for a Non-Public Session

** It is against the law to hold a Non-Public Meeting without first convening for a Public Meeting. Board President Maynard Goldman fully participated in that session.

Date	Held in Conformance with RSA 91-A:2	Complied with RSA 91-A:4
11/17/12	NO	NO
7/24/13	NO	NO

Informational Meetings, November 17, 2012 and Others

One item that Sullivan County Superior Court found in favor of the VDE officials was pertaining to the ECA/VDE Joint Meeting of November 17, 2012; on the basis that VDE Commissioner Sullivan attended that session as a private citizen.

Our Court filing was based on the New Hampshire Attorney General's July 15, 2009 Advisory Memorandum concerning NH Right to Know Law RSA 91–A. That Memorandum states the following:

   "IV Meetings

       A. What constitutes a meeting of a public body?

2. When members of a public body constituting a quorum find themselves together either coincidentally or when gathering for a purpose other than discussing or acting upon a matter or matters over which the public body has supervision, control, jurisdiction or advisory power, communications between the members shall not be used to circumvent the spirit and purpose of the Right to Know law-- RSA 91-A: 2-a, II. The convening of a quorum of a public body that does not have a purpose to discuss or act on business could easily constitute a meeting...."

G. Minutes are a permanent part of the body's records and must be written and open to public inspection not more than five business days after the meeting. RSA 91-A:2, II there are no exceptions to this requirement for minutes of open meetings....."

The VDE Officials’ position regarding the November 17, 2012 ECA Forum, that it was not a public meeting, means the following was accomplished by the Village District of Eastman Commissioners and ECA Board Members:

VDE Commissioners, District Manager Plead GUILTY to Right to Know Law Violations in ESC Takeover

Appearing in New Hampshire Superior Court on March 18, 2014 the Village District of Eastman (VDE) Commissioners and District Manager acknowledged through their attorney that they violated the NH Right to Know Law in their takeover efforts of the Eastman Sewer Company. Justice Tucker agreed that on January 19, 2012, February 7, 2012 and February 15, 2012 VDE Officials did not comply with NH RSA 91-A when they met in Non-public Sessions to discuss Eastman Sewer Company takeover efforts. At each of these three sessions multiple violations of the Right to Know law (RTK) occurred.

While all of these violations indicate a complete disregard on the part of the Commissioners and the District Manager for the public’s Right to Know, the February 7, 2012 meeting is particularly onerous to anyone who believes in citizens’ rights. That meeting held by VDE Public Officials was done so without any public meeting occurring on the same date – which is a legal requirement of the Right to Know Law. Furthermore, fully participating in collaboration at that meeting were Eastman officials including ECA Board President Maynard Goldman. Other Eastman officials participating at that session include: ECA General Manager Ken Ryder, Assistant General Manager Brian Harding, Eastman Sewer Company "Board Representative" Brad Moses along with others. All participants in this clandestine session denied the Sewer users and all VDE Members from an open transparent process and laid the foundation for the ultimate take over orchestrated by the VDE Commissioners along with ECA Board President Goldman.