Newmarket Officials and Attorneys Accused of Wrongdoing!

In a troubling development for government transparency and accountability, the Town of Newmarket, New Hampshire, and its legal representatives are accused of violating the state’s Right-to-Know Law (RSA 91-A) and subsequently providing false and misleading statements to the New Hampshire Supreme Court to conceal their unethical, immoral, and illegal actions.

The Right-to-Know Law: A safeguard for Transparency

New Hampshire’s Right-to-Know Law (RSA 91-A) is designed to ensure government accountability by granting citizens access to public records and meetings. The law mandates that government entities conduct their affairs openly and make documents available unless specifically exempted. Violations of this law erode public trust and undermine the democratic process.

Alleged Violations by Newmarket:

Evidence suggests that Newmarket Town Council and its attorneys knowingly and willfully concealed public records and circumvented legal requirements to keep government operations hidden from public scrutiny. Despite requests for transparency, these officials allegedly engaged in obstructionist tactics, outright refusing to disclose information that should be available under the law.

Among the most concerning allegations (Beyond lying to the Court) is that Newmarket officials unlawfully discussed, deliberated, and voted to approve a settlement agreement through email exchanges with the Town Manager and then illegally withheld these emails from public inspection, claiming they were protected from disclosure under the attorney-client privilege. These documents, which should have been disclosed, were concealed to protect town officials from accountability.

Misleading the New Hampshire Supreme Court:

Compounding the issue, Newmarket’s legal representatives from Donahue, Tucker, and Ciandella (DTC) misrepresented the facts to the New Hampshire Supreme Court to conceal these violations and to improperly secure attorney fees. Instead of acknowledging Newmarket officials' failure to comply with transparency laws, DTC Attorneys are accused of fabricating justifications, mischaracterizing the facts, and presenting false narratives to the state’s highest court.

When attorneys engage in dishonest practices, the repercussions extend beyond individual cases, undermining the very foundation of the legal system and eroding public trust. Such misconduct can lead to wrongful convictions, financial losses, and a general sense of injustice within society. Such actions not only undermine the integrity of judicial proceedings but also set a dangerous precedent where government entities believe they can flout transparency laws without consequences.

Ethics violations have been filed against DTC attorneys in this case with the New Hampshire Attorney Disciple Office. So far, two of Newmarket’s attorneys, John Ratigan and Briana Matuszko, have withdrawn from the case. Longtime Newmarket resident, official, and DTC Attorney Chris Hawkins now represents Newmarket. So far, Attorney Hawkins has not corrected the record with the Supreme Court, something he is ethically bound to do.

Why This Matters:

If left unchallenged, these violations threaten the core principles of open government. The Right-to-Know Law exists to prevent secrecy and corruption in public office. When government officials and attorneys actively work to subvert these laws, they betray the public’s trust and weaken the fundamental rights of citizens to hold their government accountable.

What Can Be Done?

Concerned citizens should demand accountability from Newmarket officials.
Steps to address these violations include:

• Public Pressure: Residents should attend town meetings, ask direct questions, and demand transparency in local government affairs.
• Legal Action: Those affected by the concealment of public records should consider legal recourse to ensure compliance with RSA 91-A.
• State Oversight: The New Hampshire Attorney General and relevant oversight bodies should investigate the conduct of Newmarket’s town officials and attorneys to determine whether disciplinary or legal actions are warranted.

Citizens everywhere deserve a government that operates in the open and upholds the law. The violations of the Right-to-Know and alleged dishonesty before the Supreme Court must not be ignored. Transparency, accountability, and the rule of law must prevail.

Jeffrey Thomas Clay