At the December Panning Board meeting the board entered a non-public session under RSA 91A:3 2 l.
(l) Consideration of legal advice provided by legal counsel, either in writing or orally, to one or more members of the public body, even where legal counsel is not present.
The board met in non-public session to discuss if public comment should be allowed at meetings outside of a public hearing. The Town attorney has given four reason that public comment should not be allowed to speak at Planning board, the ZBA, Conservation Commission, and Heritage Commission meetings, this also includes barring public officials such as the Town Council Chair from speaking. The non-public session was in response to board member Jake Butler recommending allowing public comment. See Rules and Procedure amendment below.
RSA 91-A:3 III requires all non-public meeting minutes be made available to the public within 72 hours. A request for the meeting minutes directed to Assistant Town Manager Kellie Caron made on 12/7/2023 but was not responded to until responded to until 12/26/2023. The town has also refused to release the letter from attorney Megan Carrier dated 11/20/2023 detailing the reasons why public comment should not be allowed citing ‘attorney client privilege’.
While the Town attorney has advised against allowing the public to speak residents and tax payers that pay the bills of the town are not allowed access to the reasons why!
Planning Board Non-Public Meeting Discussion 12/6/2023
Kellie Caron started off the meeting by informing the board she would be reviewing legal advice from the town attorney, Megan Carrier. A copy of the letter was handed out to each member of the board for their review.
Kellie Caron informed the board that the letter from Megan Carrier, dated November 20, 2023, was with regards to adding public comment to the Planning Board Rules of Procedure. Kellie reminded the board that the letter was attorney client privilege.
Kellie Caron informed the board the letter advises against allowing public comment at not only the Planning board, but the ZBA, Conservation Commission, as well as the Heritage Commission. Kellie then read out loud the 4 reasons with explanations why Attorney Carrier advised against public comment in her letter dated November 20, 2023.
Chairman Rugg noted that in general, it was not advisable in land use boards.
Bruce Hallowell asked if this was just with regards to adding a section that allows public comment.
Kellie Caron responded that this was just for public comment separate from comment during a public hearing.
Lynn Wiles ask to confirm that this included Conservation Commission, Heritage Commission, and ZBA.
Chairman Rugg confirmed he was correct.
Kellie Caron discussed that the intent of a work session is, so the board has an opportunity to form a consensus to bring an item to a public hearing.
Chairman Rugg said a member of the public could ask to be part of the agenda for the board. Kellie disagrees and comments that this issue had come across at the Conservation Commission, and they were advised against it.
Councilor Combes states that they should be directed to the Town Council, where Public Comment is permitted.
Jeff Penta asks about members of the public emailing the board, and if the board should respond.
Kellie Caron reminded Jeff that we could only discuss the letter from the Attorney.
Ann Chiampa asks if we could allow public comment from a member of another board or commission that is in the audience as they are a Public Official.
Tony DeFrancesco asks what about the Chairman of the Town Council?
Kellie Caron says the Chairman of The Planning Board can exercise their judgement with Public Officials. She states that “At the end of the day, its at the discretion of the chair, but Attorney Carrier does advise against it.”
Kellie Caron asks the board if they have any more questions, and there were none.
Related Posts:
Planning Board Member Jake Butler Addresses Public Comment and Proposes Process Changes
Planning Board Members Opposed to public Comment
Planning Board Resists Public Input