Suggestions for after the Jim Hewitt decision

Two weeks ago, the Portsmouth City Council held 12 hours of hearings about removing Jim Hewitt from his position on the city's Planning Board.

The Planning Board is the quasi-judicial group empowered to decide what development will be allowed. It's an important board for determining how all parts of our city will look for decades to come.

During the hearing, Hewitt's approach to Planning Board matters was criticized and defended, especially questioning his adherence to the New Hampshire Right-to-Know Law. Much was open to interpretation.

A lot of people were wishing not to go through the removal process. I wrote to the Council, "It's possible to stop this one, and not risk the fallout of removing Hewitt or risking losing the interest of citizen participants for other committees. Citizen volunteers and advocates are the core of our community."

After all the dialogue, which was quite civil and respectful, the council voted not to remove Hewitt. A good decision.

I offer two thoughts going forward, hoping that we avoid another time when conflicts arise similar to that which brought this one to an unnecessary boiling point.

1. Let's follow the basic rules of law, but realize that exceptions can be allowed. Intent − the intent − to do the right thing in one's role is even more important than the actual letter of the law.

I got blasted for it, but blew the whistle some years ago to discourage what the council was planning to consider in a closed-door meeting regarding an issue within the police department on how an officer had potentially exploited an elderly citizen. What I did was a violation of the letter of the law, but my intent was good. I felt it was my job.

Hewitt believed his actions and approach to his planning board duties was his job. I can't criticize that, because I think his intent was good. There are other ways for him to accomplish fact-finding and investigative research, including asking questions at public meetings, but either way his intent is honorable.

2. Yes, the New Hampshire Right-to-Know Law is extremely important to follow. The emails as Hewitt used them perhaps should primarily be written and sent by staff rather than by or between individual board members.

But more important is that discussion outside of formal meetings of any governing body − all governing bodies − shouldn't happen. That means phone calls, meetings at homes, bars or restaurants, or emails intended to share information or make decisions outside of public view by the majority (quorum) of the members of any governing body.

That includes the city council, school board, police commission, fire commission, all land-use boards, and all commissions and committees that have roles in decision-making. The public's business is the public's business, including observing how decisions are made.

That also means having fewer closed-door meetings, and to limit dialogue in closed-door meetings to only that topic which must be discussed privately. That requires discipline.

In a way, the Hewitt hearing and decision was Portsmouth at its best. City staff, including the city attorney's office, did what is ethical and expected by publicly bringing a matter to the City Council. If they feel something is wrong, don't we expect them to say so? Any less in a similar circumstance could be considered a coverup. They did their job.

Mayor Deaglan McEachern shined in his role of presiding over the hearing, maintaining calm and being inclusive. Hewitt and his legal counsel made a clear strong case for his actions.

In the future, some change in process is needed to avoid getting to the point of intimidating people from being involved in their government. We need our citizens. Let's not chase them away. They are the heart of Portsmouth's future.

Today's thought: We should encourage those who participate in their government to do their work honestly and openly. We should also cheer those like Hewitt, who are willing to stand up and do what they think is right, even if they may be criticized about what they do. That's citizenship at its best.

Today's quote: "A citizen is a powerful force for change." − Barack Obama

Next time: The reality of paying city employees.

Variously since 1969, Jim Splaine has been Portsmouth assistant mayor for six terms, Police Commission and School Board member, as well as New Hampshire state senator for six years and representative for 24 years. He can be reached at jimsplaineportsmouth@gmail.com.