March 6, 2011 Hi Senator Gallus, Ispoke with you on the phone a few weeks ago and just wanted

d to pass abng a new website that Ed Furlong has been devebping to raise public awareness about the situation going on with LiI' Man Snowmobile Rentals, Inc. and the Town of Bartlett, New Hampshire. Please take the time to review the site at www.shedlight.us. We appreciate any feedback or assistance you could offer us. Sincerely, Erin March 18, 2011 Hi Senator Gallus, Ispoke to you on the phone a few weeks ago regarding Edward Furlong, his business LiI' Man Snowmobile Rentals Inc, and the Selectmen of the Town of Bartlett. Edward has been active regarding these issues and I wanted to keep you up to date on what he is mingo Selectman Douglas Garland has a hearing today with the Legislative Ethics Committee based on the complaint that Ed filed against him. Ed has also started a not for profit company and a website to raise awareness and help with people's civil rights being violated by their local government, www.shedlight.us Please take a few minutes and look over the website, hopefully you will see something that will allow you to get involved and help us further. Ed is also moving forward on his civil action complaint against the town, the water precinct and Doug Garland personally. If you have any advice or expertise on any of these issues I would greatly appreciate any feedback from you. Ed is truly hoping that you will be able to help down the road with new legislation that will protect other citizens from going through the atrocities that he has. Thanks and I look forward to hearing back from you, Erin

July 7,2011 Good Aftemoon Senator Gallus, I am writing this email moments after getting off the phone with your assistant, Richard. He was very rude to me and actually hung up on me! I was merely asking him about what further assistance he and you could offer me in this process of revising the legislation to ensure that pedophiles are not allowed to remain sitting in the selectman's office and to ensure that the selectmen who do get our of line and misuse the office have consequences. He (Richard) even accused me of blackmailing! I am appalled and embarrassed by this accusation I I have never and would never blackmail anyone for any reason. I was telling Richard about my media outlets that I have developed (WVvW.shedlight.us)and how I use my website to showcase my progress and problems on getting this legislation passed. If your office is unwilling to help me, I told him that I would report that fact on my website and in the newspaper. That is a far cry from blackmail ... why would he even throw such a controversial word out there with me? And then hang up on me? Senator, I think you need to have a chat with Richard on how your office should be treating its constituents I Let me know if I should forward this to the AG's office as well. John, I feel that what Richard implied about blackmail is ludicrous, but it is an extremely weighty accusation. However, the more I think about it, it almost sounds like Richard is actually slandering me? Do you feel I blackmailed you Sir? Doubtfulll Mr. Gallus, we need to sit down and discuss the ways we are going to revise or amend the existing legislation RSA 673:14 to include Selectmen. Thank you, Ed Furlong

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August 17, 2011 Good Afternoon Senator Gallus, Iam writing one last time to request your assistance in rewording the current legislation to include Selectmen in RSA 673:14 that governs planning board, zoning board, and other town level elected officials, All you would need to cD is ackl Selectmen. Do you feel that they do not need to be regulated? Even if you are not sympathetic to Mr. Furlong's plight with the Bartlett Selectmen, I wouki like to remind you that we had an accused and previously convicted child pornographer sitting as a working selectman for months before he chose to leave office. There was nothing anyone could <h! There is nothing to allow the townspeople to oust a selectman regardless of what he cbes! Please advise us as to whether or not you will be able to offer any level of assistance on this matter. Ifind it hard to believe that it would be very much work for you to propose to adi the word; "and Selectmen" to existing legislation, and I cannot imagine any of your constituents would be against it! Thank you for whatever time and effort you manage to put in on this matter, Erin

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Section 673:14
673:14 Di.qUAlifi~atioD of Member. I. No member of a zoning board of adjustment, building code board of appeals, planning board,

heritage commission, historic district commission, agricultural commission, or housing commission shall participate in deciding or shall sit upon the hearing of any question which the board is to decide in a judicial capacity if that member has a direct personal or pecuniary interest in the outcome which differs from the interest of other citizens, or if that member would be disqualified for any cause to act as a juror upon the trial of the same matter in any action at law. Reasons for disqualification do not include exemption from service as a juror or knowledge of the facts involved gained in the performance of the member's official duties. Il. When uncertainty arises as to the application of paragraph I to a board member in particular circumstances. the board shall, upon the request of that member or another member of the board, vote on the question of whether that member should be disqualified. Any such request and vote shall be made prior to or at the commencement of any required public hearing. Such a vote shall be advisory and non-binding, and may not be requested by persons other than board members, except as provided by local ordinance or by a procedural rule adopted under RSA 676: 1. m. If a member is disqualified or unable to act in any particular case pending before the board, the chairperson shall designate an alternate to act in the member's place, as provided in RSA 673: 11. Source. 1983,447:1. 1988,26:1. 1992,64:9.1996,42:11. 391:6, eff Sept. 15,2008.
2007,266:6, efT. Aug. 28,2007.2008,

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S~569

NEW HAMPSHIRE

SENATE RESEARCH

A review of the statutes mentioned above shows than none of them has been amended since the item was written. Though there have been legislative proposals in New Hampshire in the past relative to recall of local elected officials, all have failed to pass. I Connecticut: Currently, the law in Connecticut does not provide in general (or recall of local elected officials.! Pending legislation in the 2011 session was referred to the Joint Committee on Planning and Development in January but has not yet had a hearing or been otherwise acted upon (liB 5335 concerning the recall of local elected offICials and HB 5919 to authorize municipalities to establish criteria for the recall of elected official$): Maine: According to the Maine Municipal Gooernmeni in Maine: Association's 2005 publication Local

In some communities, voters can remove an ejected official from office before hia or her term expires. Such recall provisions, if included in a town or city charter or local ordinance, allow the citizens, after presenting 8 valid petition, to vote on whether or not they want to allow an official to continue serving in an office to which he or she was elected. But see recently cnacted statute 30A MRSA 2505 Recall of municipal effective June 13, 2011 (copy attached). O/ficia18,3

Massochusetl$: Research shows that recall petitions relative to town officers are allowed in M8Bs8chusett.e in towns for which the town charter provides the process. The Commonwealth is the only "home rule" state in New England (sec below).

Rhode Island: Notwithstanding

recaU of certain statewide of atate.iattorney-general,

that the Rhode Island state constitution provides for elected officials (governor, lieutenant governor, secretary general treasurer), an electronic search of Rhode Island

1 For example, electronic searchea show House Bills in 1990, 1991,1993, 1997.2001,2006 and 2008, all voted Inexpedient to Legislate by the House. A similar fate befell legielative propoea1s to amend the state constitution (orexample, CACRa in 1973. 1976, 1977, 1979). I In Connecticut, a municipal charter may provide for recall of local elected officials if the charter is approved by the Iegislature: see, (or example, a June 2010 news item in the (Bridgeport) Connecticu; Post: Milford is one of the few Connecticut communities to allow voters the right to directly recall elected officials, according to the Connecticut Conference of Municipalities. The provision. in the city charter. is legal because the state Legislature granted Millord limited "home rule" power many ycars ago. With respect to home rule. Connecticut is 8 Dillon's Rule state (see below).

All Act to Prouide for a Method to &move an Elected Municipal ()ffici4J, (Public Law. Chapter 324, LD 1533, 125th Maine State Legislature.
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SR#6569

NEW HAMPSHIRE

SENATE RESEARCH

Dillon's Rule is derived from the two court deciaions issued by Judge John F. Dillon of Iowa in 1868 .... The U.S. Supreme Court upheld Dillen's Rule in 1903 and again in 1923. Since then, the following tenets have become a oornerstone of American municipal law and have been applied to municipal powers in most states:
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A municipal corporation can exercise only the powers explicitly granted to them Those necessarily or fairly implied in or incident to the powers expressly granted Those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable

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State constitutions vary in the level of power they grant to local governments. However, Dillon's Rule states that if there is 8 reasonable doubt whether a power has been oonferred to a local government. then the power has not been conferred. Dillon's Rule allows a state legislature to control local government structure, methods of financing its activities, its procedures and the authority to undertake functions. Thirty-nine states employ Dillon's Rule to all municipalities: Arizona, Arkansas, Connecticut, Delaware. Georgia. Hawaii, Idaho. Kentucky, Maine, Maryland, Michigan, Minnesota. Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oklahoma. Pennsylvania, Rhode Island, South Dakota, Texas. Vermont. Virginia, West Virginia, Washington, Wisconsin and Wyoming. There are ten states that employ home rule: Alaska, Iowa, Massachusetts, Montana, New Jersey. New Mexico, Ohio, Oregon, South Carolina and Utah. If we can provide you with further information, please let us know. Attachment:
1. 30-A MRSA 2505 Recall of municipo; officials.

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