Ayotte To Seek Moratorium On AI Data Centers; Questions About Chief Justice Raised

By PAULA TRACY, InDepth N

DURHAM, NH — Gov. Kelly Ayotte said she will be introducing a moratorium against Artificial Intelligence data centers in the state’s next budget because “we don’t have the energy to do it,” and said she wants to bring electric prices down, not up.

Speaking at the end of the Executive Council meeting in Durham Wednesday, the Republican, who is running for re-election responded to concerns of Executive Councilor Karen Liot Hill, D-Lebanon, that she has heard a data center is being considered for Bow.

“I don’t support that, in fact I will be including a moratorium in HB 2 because we don’t have the energy to do that. I want to reduce energy prices and the amount of energy a data center takes will raise energy costs and I can’t support that,” she said.

UPDATE ON THE CHIEF JUSTICE GORDON MACDONALD

Liot Hill asked Attorney General John Formella for an update on the medical leave of absence for the state’s Supreme Court Chief Justice Gordon MacDonald but she received little new information.

Formella pointed to the most recent press release from the courts and said he has no information on when MacDonald might be returning to the bench. She asked how long can a chief justice be absent before it is the duty of the governor and council to identify a successor.

Formella said there is no specific time limit. It is governed by the personnel rules by the court, he said.

Liot Hill said it is also the executive branch’s responsibility to fill roles adding she is concerned with the “scant” information about MacDonald and his condition.

Ayotte said the executive branch has no more information than that which is publicly available and noted they are a separate but equal branch of government.

“It is up to them to release more information,” Ayotte said.

“They do not answer to the public,” Liot Hill said. “The public right now is not receiving adequate information and neither are we.”

Ayotte said Liot Hill should take it up with the courts.

The state’s Executive Council also honored former councilor Dudley W. Dudley for her groundbreaking life work which helped women get into statewide politics and approved a temporary wage increase of five percent for councilors and other employees at the Sununu Youth Services Center in Manchester as it continues to face a crisis of a lack of staff and violent altercations there, among other business.

SYSCOne councilor stressed the need to have the county attorney be immediately notified to consider whether youths there should be charged as adults with violent crimes as a potential disincentive for the violence.This action impacts 138 positions within the youth counselor and juvenile probation and parole officer classifications and will cost about $1.2 million.Lori Weaver, commissioner of the state Department of Health and Human Services wrote in her request that if it was not approved

“DCYF will continue relying on mandatory overtime, Juvenile Justice staffing support, supervisory coverage, and contract staffing while operating with an insufficient Youth Counselor workforce.”Councilor John Stephen, R-Manchester, said he did support the effort but had a couple of questions and wanted to be sure this is just temporary and that the department would need to work with the legislature for future pay matters.

Weaver said it was a “stopgap” and that it is not meant to be permanent and that if she could not find funding elsewhere for that she would go to the legislature.He also asked how it relates to overall savings. Weaver said that this could help the bottom line and reduce the amount of overall overtime.The facility which houses troubled youths has had a series of violent altercations since the first of the year in which staff have been injured along with youths. Many staff are on leave for injuries.The latest was an Aug. 26 incident in which a state trooper was injured at the facility.

Stephen said he wants an immediate phone call to Hillsborough County attorney about immediate adult certification following any alteration and that the youths should know they will be held accountable.He said he has heard a lot about “trauma-informed care” and he wants to hear more about it but he also wants any more incidents to be adjudicated and said it was his understanding that the state police did not immediately inform the county attorney in the most recent incident.

Attorney General Formella said as of now there is a designated person to call on such incidents. He said he was immediately made aware of that incident Aug. 26.“A protocol is in place,” Formella said, “We will make sure that nothing is missed.”Certification of an adult committed offense by a juvenile is done by the county attorney, Stephen noted.Formella said the AG is also communicating with the county attorney.Councilor Liot Hill said she also supported the raise proposal. She asked if body cameras are now being worn.

They have not yet been deployed. There is a finalized policy and training in place along with new security protocols, councilors were told.When can they be in place? Liot Hill pressed.This week, she was told.The action this week follows an August decision to reclassify eight positions there.

‘ROAD SHOW’ CONTINUES ACROSS THE STATE

Ayotte and the five-member Executive Council annually spends some of its summer and fall months touring the state with each executive councilor hosting one meeting in their district.Wednesday’s meeting was hosted by District 1 Executive Councilor Joe Kenney, R-Wakefield and it was held at the John Olson Advanced Manufacturing Center in Durham. Its breakfast meeting was held at the New England Sports Hub in Somersworth.Its next “Road Show” meeting will be held Sept. 16 at 10 a.m. in Executive Council District 2 where Councilor Liot Hill will host a meeting at the Hopkins Center in Hanover after a breakfast meeting at the Hanover Inn at 8 a.m. The public is invited to attend all council meetings.

DEMOCRAT DUDLEY W. DUDLEY RECEIVES SERVICE COMMENDATION, AMONG OTHERS

Nationally known environmental activist Dudley Webster Dudley, 90, former Executive Councilor for the Seacoast area and a resident of Durham was honored with a commendation by the Governor for her service to the state.

In 1976 as a state Representative and a Democrat, she was the first woman ever elected to the council and was known for her efforts to prevent an oil refinery at Durham Point.

The governor thanked her for opening the door for women to serve on the council. She served four consecutive terms.In 1984, she won the Democratic primary to represent New Hampshire’s First Congressional District. She was defeated in the general election by Bob Smith.According to online accounts, Dudley convinced a special session of the state legislature to approve Home Rule Bill HB 18, giving Durham residents the right to veto the oil refinery proposed by Aristotle Onassis at Durham Point. The facility never materialized.

She went on from the council to be executive director of the Women Legislators’ Lobby.A graduate of the University of New Hampshire, Dudley has been a trustee and a director for the UNH Alumni Association board.The governor honored her for her “historic achievement” as the first woman on the council and thanked her for paving the way for women to serve in state office.In 2013, Dudley received the Eleanor Roosevelt Award at the New Hampshire Democratic Party’s annual Jefferson Jackson Dinner.Speaking at the beginning of the meeting, Dudley said “I would just like to say…I served with amazing people. Governors Gallen, Thomson, Sununu and I had the great pleasure of having a call” from the elder John Sununu who said “‘didn’t we all have fun,'” Dudley said.Also honored with commendations from the governor were the retiring Rene Kelley, Durham Chief of Police and Craig Stevens, audio visual director for the Town of Durham who is also retiring.

RESIGNATIONS, NOMINIATIONS, CONFIRMATIONS

The council accepted resignations of Melissa A. White of Hopkinton as Director or the Division of Learner Support for the Department of Education, among others.

Confirmations included Charles Reynolds of Dover and Jessica Stevenson of Windham to the Housing Finance Board for the Housing Finance Authority. Also confirmed was Gregory S. Castell of Plainfield to the Connecticut River Valley Resource Commission.Nominations included Kathryn Ambrose of Loudon as chief operations officer of the Department of Environmental Services and Terry Robison of Amherst as the livestock owners’ and feed growers’ representative to the Invasive Species Committee.

POLITICAL AFFILIATIONS NOT ALLOWED ON HIGHWAY SIGNS/FLOCK CAMERA CONTRACT AGAIN DISCUSSED

Councilor Liot Hill asked for an explanation about a sign on the highway which she believed was illegal because political entities are prohibited to have highway signs.

David Rodrigue, commissioner of Transportation said that has been brought to the attention of the department which is investigating and said she is correct that it is against the law and if that or other signs on the highways are sponsored by political entities, those signs will come down.Rodrigue was asked by Councilor Stephen about an Epsom property that should be taken down by the department in a dilapidated state. Rodrigue said that has been a DOT property since the 1950s and competes with funding priorities to deal with deferred maintenance there.Stephen also pressed Rodrigue about proposed Flock cameras on DOT driver vehicles and said the 2008 amendment to the Constitution and a right to privacy within that would prohibit that. The matter is being looked at by the attorney general.“I don’t believe that (DOT) vehicles should have cameras…” he said “You said there would be no AI (artificial intelligence) capabilities in this camera” and said that now Rodrigue is saying something different.Flock cameras collect data about license plates that can be used to track activity and is being considered for use by plow drivers.

“I care more about the rights of privacy,” Stephen said.Stephen predicted a lawsuit would be coming the state’s way if Flock cameras exist on DOT trucks.Attorney General John Formella said he will prepare a more detailed analysis in writing for the council and did not want to have that conversation in public “off the cuff.”Rodrigue said the department shares privacy concerns expressed by the council, but the department does want to take advantage of technology as possible for safety and said he hoped that the matter can be resolved.

MEDICAID EMPLOYMENT UPCOMING

The council learned DHHS and Employment Security offices are working together to develop a plan for a federal requirement for employment to receive Medicaid services and there is likely to be more conversation about the state’s efforts to work with people to help them find more work opportunities in the coming weeks at the council table.Councilor Liot Hill said she would look forward to hearing more collaboration and said this is an example where federal actions impact local individuals and state agencies.

Ayotte said there are many collaborative efforts that the state is working on to help citizens “get a good paying job.”

REMOVAL OF DAM IN LANDAFF TABLED

The council tabled a $100,000 Fish and Game request to remove the Wild Ammonoosuc Dam in Landaff, owned by the White Mountain National Forest, which is now defunct for more funding information.

The habitat in the impounded water is poor and removal will improve opportunity for fish and other species to increase productivity, the council was told.

The Wild Ammonoosuc dam removal will open up 71 miles of river habitat, they learned. Full funding is 100 percent approved for the project. But Executive Councilor David Wheeler, R-Milford, said some Fish and Game Commissioners have expressed concern about this and another dam project and what other financial resources were available. He asked that it be tabled for two weeks to the next meeting.Liot Hill said she would be OK with a date certain for a vote and hoped it would not be further delayed. Also tabled for more information was a $50,000 grant to remove the Poole Reservoir Dam in Jaffrey.

USE OF DETAINER CLOSETS FOR STUDENTS

Executive Councilor Janet Stevens, R-Rye, said use of school closets to detain children is dangerous and in violation of law and she asked the commissioner of education what is being done to protect children from one of these “horrific isolation centers.”

She was told that the department is working with its attorneys to discuss the issue with school districts.

EASTER SEALS BACKS DOWN ON CLOSING ADULT DAY CENTERS

After a meeting several weeks ago in which the council learned that Easter Seals in Manchester planned to close its adult center in September, they have reversed course and there will continue to be among the 11 such centers in the state.

The governor thanked Councilor Stephen for forcefully arguing with Easter Seals to retain the services that the state gave a contract to in June.Councilor Stevens said the state has some of the highest numbers of elderly people in the nation and that it needs to invest more in such programs to help keep individuals connected with their communities and in their homes.

GOVERNOR REMOVES HUMANA CONTRACT FROM TABLE

A three-year, $215 million grant with Humana for Medicare Advantage and Prescription Drug Plan services for members covered by the state Medicare-eligible retiree health benefit plans was removed from the council agenda at the last minute by Ayotte without elaboration.

The governor, who sets the agenda, can put it back on the agenda for future meetings.

SOME PRIMARIES FOR EXECUTIVE COUNCILORS NEXT TUESDAY

All five members of the Executive Council have filed for re-election.

Some of them are looking at primary challenges next Tuesday, all of which are Republicans. All of them have general election competition in November.

Incumbent District 1 Executive Councilor Joe Kenney, R-Wakefield does not have a primary on the Republican side but will likely face Democrat Luz Bay of Dover for the seat in November.

Incumbent District 2 Councilor Karen Liot Hill, D-Lebanon, the only Democrat on the council, has no primary challenge but will face either Republicans Tobin Menard of Newport or Kim Strathdee of Plymouth following the primary.

Incumbent District 3 Councilor Janet Stevens, R-Rye, has a primary challenge on the Republican side next Tuesday. She faces Gregory Whirley of Derry. Whoever wins will face Democrat Lisa Kennedy Sheldon of Portsmouth in November in the general election.

Also, Republican incumbent John Stephen, R-Manchester has two challengers next Tuesday in the primary. They are Terese M. Bastarache of Loudon and Harriet Cady of Deerfield. The winner of the Republican Primary for the District 4 Executive Council seat will face Democrat Jim O’Connell of Manchester who is unopposed in the primary.

In District 5, Executive Councilor David Wheeler, R-Milford is unopposed in the primary but in the general election will face Melanie Levesque of Brookline, a former state senator. Levesque is also unopposed in the primary.

This story was originally published by InDepth NH.