Did The Dover, NH Teacher's Union Violate Electioneering Laws?

When Dover Teachers’ Union President Lisa Dillighmham and other teachers engaged in passing out green and white “Support Dover Public Schools” signs during the academic school day and on public property, in an attempt to influence the measures being considered by Dover City Council concerning the school budget and the tax cap, I believe they did so in violation of electioneering and labor relations laws.

The term electioneering is defined in RSA 659:43, RSA 659:44, and RSA 659:44-as any act that is specifically designed to influence the vote of a voter on any question or office.
Under this law, public employees are prohibited from electioneering while performing their official duties or using government property, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering. The law also states that any person who violates RSA 659:44-, shall be guilty of a misdemeanor.

In my opinion, it makes no difference that the teachers involved engaged in these activities while supposedly on their duty-free lunch break. Dover teachers are employed by the city for the entire academic school day. “Duty-free” is not the same as “responsible-free” when it comes to teachers’ responsibilities to the school district. Example: An emergency arises in the school during a teacher’s lunch break. Would the teacher be free from their responsibility to respond and assist staff and students? Of course not.

I am also convinced that Dillingham and the Dover Teachers Union also violated NH RSA 273, by committing unfair labor practices with their electioneering and other activities.

The outspoke Dillingham and other members of the DTU were engaged in a protest, a strike if you will with their electioneering. They were complaining to the City Council and others regarding what they consider unfair wages, student classroom size, and other issues, all of which are terms and conditions of their employment. By engaging in these activities while at work and on campus, their actions, in my opinion, constituted bad faith negotiating by the DTU.

With so many instances of bad faith negotiating by the DTU, one might wonder why the Dover school superintendent or school committee has not filed any complaints against the DTU with the State. The answer to this is simple: the DTU, superintendent, and school committee all want the same thing: more taxpayer money!

Dover taxpayers have no friends or allies on the school committee or in the teachers union. These entities will violate laws, rules, whatever it takes to get exactly what they want. They are not satisfied with the new high school Dover taxpayers just had built for them. No, no. They still tell Dover citizens they don’t support public education; that the taxpayer is selfish, and uncaring when it comes to the education of a child.

The tax cap was voted by the citizens of Dover. The City Council represents the citizens. Does anything else need to be said? Yes. One more thing. There is no legal entity known as the Dover School Board. It does not legally exist.

In Dover, the City Council has all of the legal authority over the city, including the school district. In fact, the City Council is responsible by law and the City Charter to establish the school committee (school board), which reports directly to the City Council.

The voters of Dover are not supposed to be voting for school board members. The City Council should immediately exercise its legal responsibility to Dover taxpayers and constitute a school committee with people of their own choosing.

Jeffrey Thomas Clay, M.Ed.