A challenge for candidates: Fewer ‘non-public meetings’

A good thing about election time is it's when those who serve in office, or are begging to, actually listen to us. We're more likely to get replies to our emails and phone calls. If we see them at public forums, they're more likely to talk up at us instead of down to us. They need us for something we can give them, or not.

With that in mind, I'd like to challenge candidates for Portsmouth City Council, School Board, Police Commission, and Fire Commission to pledge they will have fewer non-public, as in closed-door, as in private, as in secret, meetings. That they agree nonpublic meetings will be held only when absolutely necessary, rather than as a convenience so they can talk amongst themselves without the wondering eyes of the public or the media.

The New Hampshire Right to Know Law allows governing bodies to exclude the public for several reasons, including the hiring, firing, or disciplining of employees, some real estate transactions, discussion with legal counsel, certain negotiations, and a few other matters. Go to the state's statutes online at nh.gov and research “91-A.”

But state law does not require meetings to be held in non-public sessions. It allows the governing body to do so, on limited matters. Discipline and self-control is needed for members not to agree to meet privately, even having to resist requests of staff, who may find it more comfortable to have a casual chat, to do so. Very often we see “non-public meetings” scheduled by habit on the agenda of most every meeting. Sometimes such meetings are necessary. Many times, not.

Through the years I've attended over a thousand meetings of governing bodies. Really, no exaggeration. And I have attended over a hundred, maybe two or three hundred, “non-public meetings.” Most were legitimate, necessary, and properly run. Perhaps not all.

I'll add that I have “blown the whistle” on several of those meetings, including one where a payout was going to be discussed concerning abuse of power, two environmental matters I felt were not properly handled, and the potential dismissal of a city manager. I accepted the consequences.

To discourage unnecessary private meetings, sometimes it takes individual members willing to speak up. Sometimes members have to be daring enough to stop a non-public meeting while it is being held if the discussion strays from the reason of confidentiality.

In past years, the City Council even had so-called “non-meetings,” which were held without even following the state's statutes for non-public meetings − which are clearly defined in the right-to-know law. “Non-meetings” didn't even require public notice, or that minutes of any kind be kept, and could be held on any topic.

The City Council's Governance Committee has recently discussed that past practice, and may endorse a policy limiting it in the future. Hopefully such prohibition would also apply to Portsmouth's other governing bodies, including boards and commissions, as well as private discussions or vote-counting by the majority of a governing body quietly gathering outside of city hall or in someone's home, or by telephone or email.

The Governance Committee will also discuss a much needed concept in our political process that I and others have frequently called for by protecting, under certain conditions, “whistleblowers.” That assures better government.

How about it, candidates? Can you accept the challenge to limit having so many non-public meetings? The great U.S. Supreme Court Associate Justice Louis D. Brandeis said, “Sunshine is the best disinfectant.” Let's err on the side of openness in the “ity of the Open Door.

Notice a violation? Last year the New Hampshire Legislature funded a right-to-know law ombudsman and created an easy process for any citizen believing a violation has occurred. To file a complaint contact the office of secretary of state, (603) 271-3242.

Today's quote: “Openness in the conduct of public business is essential to a democratic society. The purpose of this chapter is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people.” − Preamble of the N.H. Rightto-Know Law, known as Chapter 91-A.

Next time: A necessary change for public comment.

Jim Splaine has served variously since 1969 as Portsmouth assistant mayor for 12 years, Police Commission member and School Board member, as well as six years as state senator and 24 years as state representative. He can be reached at jimsplaineportsmouth@gmail.com.