Barbara Loughman, School Board Violate RTK Laws and Public Trust!

On February 4th, 2021, the Newmarket School Board violated our state’s Right-o-Know law, RSA 91-A, and the trust of the public during a “non-meeting” with legal counsel. I know this because I sent the school district two proposals concerning legal issues, which, according to their attorney Barbara Loughman, were discussed and decided upon by the school board.

When the school board discussed and took action regarding these legal issues during their “non-meeting,” they violated the law and the public’s trust. This true because the board went beyond what is legally permissible to take place in a “non-meeting” and no minutes recording what the board discussed or the actions they took were recorded.

We know these illegal actions by the board took place because school district attorney, Barbara Loughman informed me the school board’s discussed and took action regarding my legal proposals during their February 4th, 2021 “non-meeting.”

In defending the board’s actions, Loughman informed me the board had every right to discuss and take action in a “non-meeting” with legal counsel. Loughman is wrong, but her statement does not surprise me. I have had many dealings with attorney Loughman in the past.

Anyone even remotely familiar with 91-A knows that all discussions and actions taken by a public body must be recorded in the minutes of the body and that all actions taken by a public body must be by recorded vote. And the very idea that a public body could discuss and take actions during “non-meetings where there are no minutes required to record what a public body discussed or the actions they took is repugnant to our democracy.

In Ettinger v. Town of Madison Planning Bd., 162 N.H. 785, 35 A.3d 562 (2011), our Supreme Court said the following concerning a public body’s consultation with legal counsel: “Had the legislature intended the exclusion in RSA 91-A:2, I(b) to cover not just consultations with legal counsel but also "consideration or discussion of the advice of counsel," the statute would have said as much.” Loughman was wrong. The school board was wrong.

Just how many actions the Newmarket school board have taken in these “non-meetings” might never be known. What is known is that the board has violated the law and public trust in order to keep secrets from the public.

Jeffrey Thomas Clay