Right to Know Laws Under Attack by Donahue, Tucker & Ciandella Lawyers

By letter dated August 28, 2023, Newmarket Town Manager Stephen Fournier stated the Newmarket Town Council discussed, deliberated, and voted to approve a settlement agreement during a “non-meeting” with Town legal counsel John Ratigan and that there are no public records of the Towns actions.

All of the actions of the Newmarket Town Council described above constitute violations of NH RTK Laws. Public bodies must discuss, deliberate, and vote in a public or non-public meeting. Further, records of all actions must be recorded and unless exempted from disclosure (by a vote of the public body) must be made publicly available.

In response to Fournier’s letter, An RTK complaint was filed against Newmarket Town Council alleging the Town Council discussed, deliberated, and voted individually through emails with DTC Attorney John Ratigan, outside of any public or non-public meeting and for which there is no record.

In response to the complaint, DTC Attorney Briana Matuszko admitted the Town Council approved the agreement but denied they violated Right-to-Know when they did so. She informed the Court that although the Council approved the agreement they did not discuss, deliberate, or vote to do so.

Matuszko also claimed all of the emails exchanged between the Town Council and Attorney Ratigan, where the Council approved the agreement, are records protected under the attorney-client privilege or attorney work product doctrine.

The response by Matuszko to the allegations is so ridiculous and obstructive of justice that they boggle the mind. She is telling the Court, essentially, that individual members of public bodies may take action individually, outside of any allowable meetings, through emails, and that the decisions reached by the Council are legally protected from public disclosure.

Attorney Matuszko further claims NH Right-to-Know Law (RSA 91-A) “does not require that settlement agreements or any other contracts be discussed, deliberated, or voted on by Town Council in a public or non-public meeting.”

As long as attorneys are willing to engage in violations of RTK laws with members of public bodies, and as long as attorneys are willing to distort what RTK says, the public's right to know what their public officials are up to will remain an illusion.

Jeffrey Thomas Clay