Haverhill, NH v. DTC Summons and Complaint.pdf

NHJB-2678-Se (07/01/2018)
THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH
SUPERIOR COURT
Grafton Superior Court
3785 Dartmouth College Highway
North Haverhill NH 03774
Telephone: 1-855-212-1234
TTY/TDD Relay: (800) 735-2964
http://www.courts.state.nh.us
SUMMONS IN A CIVIL ACTION
Case Name: Town of Haverhill v Donahue, Tucker & Ciandella, PLLC
Case Number: 215-2023-CV-00241
Date Complaint Filed: September 14, 2023
A Complaint has been filed against Donahue, Tucker & Ciandella, PLLC in this Court. A copy of the
Complaint is attached.
The Court ORDERS that ON OR BEFORE:
November 06, 2023 Town of Haverhill shall have this Summons and the attached Complaint
served upon Donahue, Tucker & Ciandella, PLLC by in hand or by leaving
a copy at his/her abode, or by such other service as is allowed by law.
November 27, 2023 Town of Haverhill shall electronically file the return(s) of service with this
Court. Failure to do so may result in this action being dismissed without
further notice.
30 days after Defendant
is served
Donahue, Tucker & Ciandella, PLLC must electronically file an
Appearance and Answer or other responsive pleading form with this
Court. A copy of the Appearance and Answer or other responsive
pleading must be sent electronically to the party/parties listed below.
Notice to Donahue, Tucker & Ciandella, PLLC: If you do not comply with these requirements you
will be considered in default and the Court may issue orders that affect you without your input.
Send copies to:
Derek E. Kline, ESQ Derek E Kline ESQ PO Box 1577 Center Harbor NH 03226
Donahue, Tucker & Ciandella,
PLLC
16 Acadia Ln Exeter NH 03833
BY ORDER OF THE COURT
September 22, 2023 Viktoriya A. Kovalenko
Clerk of Court
(1261161)
9/22/2023 2:55 PM
This is a Service Document For Case: 215-2023-CV-00241

NHJB-2678-Se (07/01/2018)
JUDICIAL BRANCH
SUPERIOR COURT
North Haverhill NH 03774
Telephone: 1-855-212-1234
TTY/TDD Relay: (800) 735-2964
http://www.courts.state.nh.us
NOTICE TO DEFENDANT
Case Name: Town of Haverhill v Donahue, Tucker & Ciandella, PLLC
Case Number: 215-2023-CV-00241
You have been served with a Complaint which serves as notice that this legal action has been filed
against you in the Grafton Superior Court. Review the Complaint to see the basis for the Plaintiff’s
claim.
Each Defendant is required to electronically file an Appearance and Answer 30 days after service.
You may register and respond on any private or public computer. For your convenience, there is also
a computer available in the courthouse lobby.
If you are working with an attorney, they will guide you on the next steps. If you are going to
represent yourself in this action, go to the court’s website: www.courts.state.nh.us, select the
Electronic Services icon and then select the option for a self-represented party.
1. Complete the registration/log in process. Click Register and follow the prompts.
2. After you register, click Start Now. Select Grafton Superior Court as the location.
3. Select “I am filing into an existing case”. Enter 215-2023-CV-00241 and click Next.
4. When you find the case, click on the link and follow the instructions on the screen. On the
“What would you like to file?” screen, select “File a Response to Civil Complaint”. Follow
the instructions to complete your filing.
5. Review your Response before submitting it to the court.
IMPORTANT: After receiving your response and other filings the court will send notifications and
court orders electronically to the email address you provide.
A person who is filing or defending against a Civil Complaint will want to be familiar with the Rules of
the Superior Court, which are available on the court’s website: www.courts.state.nh.us.
Once you have registered and responded to the summons, you can access documents electronically
filed by going to https://odypa.nhecourt.us/portal and following the instructions in the User Guide. In
that process you will register, validate your email, request access and approval to view your case.
After your information is validated by the court, you will be able to view case information and
documents filed in your case.
If you have questions regarding this process, please contact the court at 1-855-212-1234.

1
GRAFTON, SS. SUPERIOR COURT
TOWN OF HAVERHILL
v.
DONAHUE, TUCKER & CIANDELLA, PLLC
Docket No. 215-2023-CV-00241
________________________________________________________________
AMENDED COMPLAINT FOR DECLARATORY JUDGMENT
_________________________________________________________________
NOW COMES, the Plaintiff, Town of Haverhill, through its attorney of record, and
hereby files this AMENDED COMPLAINT FOR DECLARATORY JUDGMENT, as follows:
THE PARTIES
1. The Town of Haverhill is a municipal corporation with a mailing address of 2975
Dartmouth College Hwy, No. Haverhill, NH 03774.
2. Donahue, Tucker and Ciandella, PLLC (“DTC”) is a Domestic Professional
Limited Liability Company with a principal place of business at 16 Acadia Ln, Exeter, NH
03833, with a Registered Agent of Lizabeth M. MacDonald. DTC attorneys Christopher
Hawkins, Christopher L. Boldt, and Eric Maher are not named Defendants, but are agents of
Defendant DTC, and for all intents and purposes are Defendant DTC in this action for declaratory
judgment.
JURISDICTION AND VENUE
3. The conduct at issue arose primarily in the Town of Haverhill, Grafton County,
New Hampshire. Therefore, jurisdiction and venue are properly laid in Grafton County, New
Hampshire.
Filed
File Date: 9/14/2023 10:49 AM
E-Filed Document
9/22/2023 2:55 PM
This is a Service Document For Case: 215-2023-CV-00241

2
COMMON FACTUAL ALLEGATIONS
Background
4. For many years, the Town of Haverhill (“Town”) taxpayers funded the Special
Purpose District of Woodsville’s (“Woodsville”) Highway Department in accordance with a
longstanding practice between the political subdivisions.
5. In 2019, Town taxpayers, the Selectboard and new Town Manager became
concerned with the Town’s practice of funding Woodsville’s Highway Department, as the
practice did not provide for fiscal accountability or authority over Town taxpayer money once it
was transferred to Woodsville, and the past practice was inconsistent with the formula
established by the Memorandum of Understanding (MOU) between the parties.
6. Subsequently, the Town began calculating the funding for Woodsville for its
Highway Department using a “net” budget rather than a “gross” budget, which isolated the
funding to only dollars raised through taxation in accordance with the agreed upon formula.
7. At that same time, the Town’s Selectboard worked with Senator Giuda to
introduce a change to the Woodsville special legislation to eliminate funding by the Town all
together, citing that the past practice conflicted with existing state law RSA 52 that governs
Special Purpose Districts and RSA 32 that governs Municipal Finance, understanding that the
special purpose district of Woodsville was established “to provide special facilities for certain
portions of the town specifically interested therein, which the whole town might be unwilling,
or could not properly be called upon to support by general taxation.” See Granite State Land Co.
v. Hampton 76 N.H. 1, 5 (1911).

3
8. On March 6, 2020, a quorum of the Town’s Selectboard convened and voted “to
give the Town Manager full authority over legal matters related to the Woodsville Precinct, its
commissions, and enterprises.” Exhibit 1.
9. On April 22, 2020, Woodsville filed a lawsuit against the Town in Superior Court
to compel the Town to fund its Highway Department, consistent with past practice. Woodsville
was represented in this litigation by Attorneys Christopher Hawkins and Lynette Macomber,
then of Divine Millimet, among other counsel.
10. Because of the Selectboard’s action, and because the Town is a Town Manager
form of municipal government, it became the Town Manager’s duty and obligation under RSA
37:6 to control, supervise, and lead the Town regarding all legal matters related to Woodsville,
its commissions, and enterprises, which included the hiring of legal counsel.
11. The Town Manager then retained the law firm of Drummond Woodsum to
represent the Town in defense of Woodsville’s lawsuit, and the Town filed counterclaims against
Woodsville, alleging it was not responsible to fully fund Woodsville’s Highway Department and
that the Town had grossly overpaid Woodsville for many years. After over two years of
protracted litigation, this case settled.
12. During the litigation between the Town and Woodsville, special legislation – SB
26 – was introduced in the New Hampshire legislature in attempt to resolve the funding issue
between the Town and Woodsville that led to the protracted litigation. After amendment, this
bill became law in 2021. See N.H. Laws, 124:1 (2021).
13. This special legislation included the following clause: “any appropriations to the
Woodsville Fire District from the Town of Haverhill shall be as directed by warrant articles duly
voted by the voters present and voting at each Haverhill Town Meeting.”

4
14. According to former Senator Guida – the prime sponsor of SB 26 (2021) – this
clause was not intended to have the Town fully fund Woodsville’s Highway Department and/or
Fire Service operations, as that places the burden of funding the municipal operation of one
political subdivision (Woodsville) on the taxpayers of a different political subdivision (the
Town), but denies the Town authority and accountability with regards to the expenditure of those
Town taxpayer funds.
15. At Haverhill’s Town Meeting 2022, however, Woodsville Commissioners’
petitioned for the inclusion of two (2) Warrant Articles on the Town Warrant to fully fund
Woodsville’s Highway Department (#27) and Fire Service Operations (#28).
16. In response, because it was the Town Manager’s duty and responsibility to have
“full authority over all legal matters concerning Woodsville,” she requested that the law firm of
Drummond Woodsum provide a legal opinion on the legality of Warrant Articles 27 & 28.
17. The legal opinion provided in part, that it was “extremely unusual for a town to
raise money at its annual meeting to completely fund the functions of a village district located
within the town. A town has no legal authority to direct how the money of a village district is
used…”
18. At Town Meeting 2022, the Chair of the Selectboard read Drummond
Woodsum’s legal opinion to residents, however, due to a variety of circumstances, including
confusion over the purpose of a village district, confusion over the warrant articles, poor
attendance, severe weather, a large COVID-19 outbreak in Town which kept many residents
from attending as well as the Town Manager, and a floor motion that kept the Assistant Town
Manager from speaking, Articles 27 & 28 passed by a very slim margin.

5
19. Because Warrant Articles 27 & 28 ran counter to the legislative intent of the SB
26 / HB 2 special legislation (N.H. Laws, 124:1 (2021)) and because the Town Manager believed
such Warrant Articles contradicted New Hampshire law, as it required Town taxpayers to fund
services provided by Woodsville only to Woodsville residents, among other reasons, the Town
Manager wrote to the New Hampshire Department of Revenue Administration (DRA) requesting
that Warrant Articles 27 & 28 be disallowed, as part of DRA’s Warrant Article review process.
20. On April 25, 2022, shortly after the Town Manager made her request to DRA to
disallow Warrant Articles 27 & 28, the Selectboard convened, and Selectman Kevin Knapp made
a motion “to re-vote on a 2020 Work Session that gave the Town Manager full authority of legal
matters related to Woodsville Precinct and move that authority to the Select Board.” Exhibit 2
(Motion #3). In other words, Selectman Knapp attempted to remove the Town Manager’s
authority over all legal matters related to Woodsville.
21. However, Knapp’s motion failed; and it still remained the Town Manager’s duty
and responsibility under RSA 37:6, to have full authority over all legal matters related to
Woodsville on behalf of the Town, e.g. Warrant Articles 27 & 28, consistent with the
Selectboard’s vote on March 6, 2020.
22. Subsequently, pursuant to the Town Manager’s request, the DRA undertook its
own independent review of the legality of the Town funding Woodsville’s operations and in May
2022, disallowed Warrant Articles 27 & 28.
23. DRA found that Warrant Articles 27 & 28 were not consistent with State statute
and must be “deleted pursuant to RSA 21-J:25, III.” Specifically, DRA opined that:
RSA 31:4 permits the voters to appropriate money for purposes not
prohibited by law. Under applicable New Hampshire judicial precedent
one municipal entity cannot make an appropriation for another unless
special legislation so provides. With respect to Article 27, the special

6
legislation, N.H. Laws, 124:1 (2021), does not authorize the Town to
appropriate money for the Woodsville fire district’s highway department.
With respect to Article 28, the special legislation of the Woodsville fire
district does not authorize funding Woodsville’s fire department because
we have not seen any evidence that the Woodsville fire district properly
organized a fire department consistent with New Hampshire law. See
N.H. Gen. Laws, 107:1 (1878). Exhibit 3.
24. Woodsville then filed an appeal of DRA’s decision to disallow Warrant Articles
27 & 28 that would fully fund Woodsville’s Highway Department and Fire Service operations.
25. On August 12, 2022, DRA denied Woodsville’s appeal.
26. In September 2022, Woodsville Attorney Lynnette Macomber surreptitiously
wrote a letter for the Town to the DRA, which Haverhill Selectman Kevin Knapp presented to
the Selectboard as his own work product, which demanded DRA to reconsider disallowing
Warrant Articles 27 & 28. The Board voted not to send the letter.
27. On October 12, 2022, Woodsville appealed DRA’s decision to disallow Warrant
Articles 27 & 28 to the New Hampshire Supreme Court.
28. Woodsville was represented in its Supreme Court appeal by Attorney Lynnette
Macomber, who formerly represented Woodsville in its 2020 lawsuit against the Town, along
with DTC Attorney Hawkins, when they were both attorneys at Devine Millimet.
29. On December 22, 2022, the DRA sent a letter to the Town of Haverhill stating
“[d]ue to the interconnection of the issues raised by the Woodsville Fire District in its appeal and
the rates to be set for the Town…we cannot set tax rates while the appeal is pending.”
30. The Town Manager determined that DRA’s refusal to set the Town’s tax rate until
Woodsville’s appeal of DRA’s disallowance of Warrant Articles 27 & 28 was resolved would
cause great financial hardship for the Town by the end of March 2023, requiring her to secure

7
legal counsel to assist in the matter, consistent with the Selectboard’s vote delegating her with
“full authority over all legal matters related to Woodsville…”
Hiring of Legal Counsel
31. The Town Manager requested that Drummond Woodsum – the law firm that
represented the Town in its prior lawsuit with Woodsville regarding the funding of Woodsville’s
Highway Department – represent the Town in the tax rate-setting matter, which involved the
Town’s funding of Woodsville, as both legal matters were substantially and inextricably related.
32. However, because the tax rate-setting matter implicated additional parties outside
of the Town and Woodsville, such as the School District (SAU 23) and Mountain Lakes District,
which Drummond Woodsum previously represented, Drummond Woodsum was required to
obtain a conflict waiver from each entity. Therefore, there was a slight delay in retaining
Drummond Woodsum for the tax rate-setting matter.
33. On January 10, 2023, due to the delay in Drummond Woodsum’s commitment to
represent the Town, and the Town Manager’s concerns over impending financial issues resulting
from the ongoing litigation between Woodsville and DRA, the Selectboard convened and voted
“to have Town Administration approach DTC lawyers and ask them if they could represent the
Town of Haverhill with regards to the DRA’s refusal to set the Town, School, and District tax
rates.”
34. On January 10, 2023, the Town Manager wrote an email to DTC lawyer
Christopher L. Boldt that the Town was looking for a law firm to represent it in a matter between
the Town and the State of New Hampshire Department of Revenue Administration (DRA),
which involved the School District and all four special purpose districts in Haverhill. The Town

8
Manager asked Attorney Boldt “if your firm would have a conflict of interest,” and if not, to “set
up a time to discuss this situation with lawyers from DTC.” Exhibit 4.
35. On January 11, 2023, DTC Attorney Boldt responded by email to the Town
Manager that DTC would be interested in representing the Town on the matter but would need
to “run conflict checks” before the “definitive yes” on representation. Exhibit 5.
36. Attorney Boldt advised the Town Manager that “once we run conflicts, I will
reach back to you to set up a time for a conference call or Zoom meeting.” Id.
37. During this time, however, and unknown to the Town Manager, DTC Attorney
Hawkins had been corresponding with Selectman Knapp, opining to DTC Attorney Maher via
email that this matter came to DTC “as a result of [Hawkins] prior representation of Woodsville.”
Exhibit 6.
38. On January 11, 2023, DTC Attorney Hawkins spoke with Woodsville’s Attorney
Lynette Macomber “to share our preliminary game plan” with Woodsville and how he perceived
DTC was going to represent the Town. Id.
39. On January 11, 2023, acknowledging DTC’s conflict of interest due to Hawkins
past representation of Woodsville, DTC Attorney Hawkins wrote to DTC Attorney Maher that
if DTC was required to maintain the Town Manager’s position on Woodsville, “then the conflict
may be insuperable.” Exhibit 7.
40. Indeed, the Town Manager’s position was consistent with the special legislation
SB 26, N.H. Laws, 124:1 (2021), as the DRA found that legislation does not authorize the Town
to appropriate tax money for Woodsville.
41. On January 12, 2023, the Town Manager wrote to Attorney Boldt stating she was
made aware that DTC Attorney Hawkins, who had recently represented Woodsville in its lawsuit

9
against the Town, had been retained by the Haverhill Selectmen without any action of the Board,
and without consultation with the Town Manager, and she was very concerned with DTC’s
conflict of interest.
42. Indeed, the Town Manager expressed sincere concern to DTC Attorney Boldt that
DTC Attorney Hawkins had “a very clear conflict of interest” due to his recent past
representation of Woodsville against the Town, that pertained to the very same funding at issue
in Warrant Articles 27 & 28.
43. On the same day, January 12, 2023 the Assistant Town Manager left a voicemail
on Attorney Boldt’s cell phone asking, “what was [his] determination of the conflicts issue.”
44. The Assistant Town Manager also wrote a follow-up email to Attorney Boldt
stating that DTC should not proceed with representing the Town “until she had spoken with
[Boldt]” about the conflicts issue.
45. At this point, with urgent requests from both the Town Manager and Assistant
Town Manager to DTC Attorney Christopher L. Boldt regarding a very clear conflict of interest
issue with DTC’s representation of the Town, upon information and belief, Attorney Boldt was
required at a minimum, under the Rules of Professional Conduct, to respond to Town
Administration and provide them with the information they requested.
46. Instead, Attorney Boldt forwarded the emails from the Town Manager and
Assistant Town Manager to DTC attorneys Christopher Hawkins and Eric Maher and wrote: “I
will stay silent per instructions” on DTC’s conflict issue. Exhibit 8.
47. Because of Attorney Boldt’s deliberate silence, the Assistant Town Manager
wrote to DTC Attorney Eric Maher, on January 13, 2023 and clarified that DTC did not have the
required client authorization to represent the Town, writing, “we have not seen any paperwork

10
for us to sign [to] retain your services on the DRA tax issues or heard if there was any resolution
on the conflict issue.”
48. On January 13, 2023, Attorney Maher responded via e-mail that DTC had
authority to represent the Town because “[w]e have had the required discussions with both the
Select Board and Woodsville, such that no issues arise out of our representation.”
49. Later that day, the Assistant Town Manager responded to DTC Attorney Maher’s
email and clarified:
a. There was no noticed meeting of the Selectboard retaining DTC’s legal
services.
b. There was no vote by the Selectboard to retain DTC.
c. DTC had no authority to represent the Town in the matter with the DRA.
d. DTC failed to brief the Town on the “very clear conflict of interest” related
to DTC’s representation of the Town.
e. DTC legal services would be duplicative and unneeded because the Town
received the necessary conflict waiver from the law firm of Drummond
Woodsum, and Drummond Woodsum was representing the Town in the tax
matter before DRA.
Exhibit 9.
50. The Assistant Town Manager requested a phone conversation with Attorney
Maher because DTC services were duplicative and no longer needed and there was a serious
conflict of interest issue with DTC. Id.
51. However, rather than explaining to the Town the very serious nature of DTC’s
“insuperable” conflict of interest due to Attorney Hawkins representation of Woodsville, and to

11
consider the risks and alternatives and to raise questions and concerns about such conflict, upon
information and belief, DTC orchestrated a sub rosa campaign to bypass Town Administration
and mislead the public by:
a. Recommending the immediate administrative suspension of the Town
Manager.
b. Recommending the immediate administrative suspension of the Assistant
Town Manager because the Assistant Town Manager “will probably serve as
a backdoor source of information for [the Town Manager] while she is on
suspension.”
c. Ghost writing a public statement for the DTC faction of the Selectboard to
sign which erroneously stated DTC had full authority to represent the Town
and the law firm Drummond Woodsum did not, which was demonstrably
false, as Drummond Woodsum did receive the conflict waiver and was
officially retained by the Town to address the DRA tax rate-setting matter.
Exhibit 10 (a)-(c).
52. Upon information and belief, DTC advised various members of the Selectboard
to form a secret e-mail account to ensure the Town Manager was kept in the dark about
Woodsville-related issues and her planned termination. Exhibit 11.
53. DTC Attorney Hawkins even maliciously commented, “it must be burning [the
Town Manager] up that she doesn’t know what’s in that [secret email] account.” Exhibit 12.
54. Upon information and belief, DTC further advised that this secret email account
was not subject to disclosure under RSA 91-A and proceeded to abuse the non-meeting function

12
of RSA 91-A with several members of the Selectboard, to discuss funding Woodsville and
terminating the Town Manager.
55. Upon information and belief, DTC’s efforts were focused on how to secure
annual Town taxpayer funding for Woodsville. Exhibits 13.
56. Upon information and belief, DTC also instigated and attempted to carry out the
planned termination of the Town Manager because of her position on Woodsville and advised
the Selectboard they no longer needed to listen to her on Woodsville related matters, even though
the Selectboard delegated to the Town Manager all legal matters related to Woodsville. Exhibit
14.
57. On January 23, 2023, the State of New Hampshire DRA responded to a letter
from DTC, stating, among other things, that DRA was not aware DTC represented the Town
regarding the Woodsville Warrant Articles 27 & 28, as it was working with the Town’s counsel
at Drummond Woodsum on the matter. DRA Revenue Counsel wrote to DTC, in part:
The Department had been in communication with Town officials and
Town counsel at Drummond Woodsum. In fact, your letter arrived less
than an hour after my last conversation with [Attorney Christine
(Fillmore) Johnston]. We had proposed to the Town through counsel that
on request from the selectboard we would set all but one of the Town’s
rates while simultaneously moving the Supreme Court on an expedited
basis for leave or clarification from it that we could set the remaining
rate. We were informed that the board was to take up our proposal at its
regular meeting on Tuesday, January 17. This approach, if adopted,
would have immediately mitigated any financial pressure for the schools
and other districts…
DTC’s overly aggressive approach to this matter will be remembered
here. In my 33 years of practicing law I have not seen such theatrics
from an ostensibly respectful firm, and it is disappointing to say the
least.
See Exhibit 15.

13
58. Even though the Town Manager had already retained another law firm to work
on behalf of the Town regarding the Woodsville funding matter -- Warrant Articles 27 & 28 --
and its avoidance of addressing the possible “insuperable” conflict, upon information and belief,
DTC continued to press for the termination of the Town Manager’s contract.
59. On or about January 24, 2023, DTC sent its proposed representation agreement
to the personal home of Selectboard Vice Chairman Steve Robbins, rather than transmitting the
representation agreement to Town Administration at Town offices, since Selectboard Chairman,
Fred Garofalo, refused to sign DTC’s representation agreement and conflict waiver. See Exhibit
16.
60. On or about January 31, 2023, Vice Chairman of the Selectboard Steve Robbins
signed a representation agreement and conflict waiver with DTC at the Woodsville Fire District
office, without any apparent action of a quorum of the Selectboard authorizing the Vice
Chairman to enter into any agreement or waive any conflict on behalf of the Town, and certainly
without the approval of the Town Manager who was delegated by action of the Selectboard to
have full authority over all legal matters related to Woodsville. See Exhibit 17.
61. The conflict waiver from DTC in the proposed representation agreement stated
that Attorney Hawkins’ prior representation of Woodsville was “unrelated” to Articles 27 & 28,
which, upon information and belief, was demonstrably false as Attorney Hawkins admittedly
described the conflict as possibly being “insuperable” if the Town Manager’s position was
maintained.
62. Upon information and belief, DTC never provided the Town and Town Manager,
a reasonable opportunity to consider the risks and alternatives and to raise questions and concerns

14
regarding the very clear conflict of interest that was emphasized by the Town Manager to DTC
Attorney Christopher Boldt.
63. The tax rate-setting issue was resolved consistent with DRA Revenue Counsel
Roth’s letter dated January 23, 2023 to DTC, in consultation and cooperation with the Town’s
counsel from Drummond Woodsum, and without the duplicative and unauthorized efforts of
DTC.
64. In the meantime, on the 2023 Town Warrant, Woodsville Commissioners
petitioned similar Warrant Articles to the 2022 Warrant Articles 27 & 28, which again, attempted
to have Town taxpayers fund Woodsville.
65. At Town Meeting 2023, the new warrant articles failed.
66. Moreover, a majority of DTC-affiliated Selectboard members were either voted
out of office at Town Meeting or resigned shortly thereafter.
67. DTC no longer had a majority of Town Selectboard members aligned with
promoting Woodsville’s financial interests, and ceased maintaining that DTC had any purported
representation agreement with the Town.
68. However, DTC still brazenly assessed the Town with approximately $14,000 in
legal fees despite (1) no formal action by a quorum of the Selectboard unequivocally retaining
DTC; (2) no approval from the Town Manager retaining DTC; (3) no action from the Selectboard
or Town Manager waiving the very clear -- and by DTC’s own admission “insuperable” --
conflict of interest due to Attorney Hawkins recent prior representation of Woodsville against
the Town, and (4) without DTC Attorney Christopher Boldt providing the Town Manager with
the “definitive yes” to DTC’s representation of the Town that he promised to provide after
running “conflict checks” on the matter now at issue.

15
69. On August 24, 2023, DTC sent a letter to Town counsel stating that if DTC did
not receive payment of $14,588.88 in full by September 25, 2023, it would file a complaint with
the Dispute Resolution Committee of the New Hampshire Bar Association and seek arbitration
pursuant to its unauthorized contract.
70. On August 29, 2023, Town counsel responded and disputed DTC’s bill and its
purported right to arbitration, since there is no valid contract between DTC and the Town, as the
alleged January 31, 2023 representation agreement was not approved by the Town Manager, was
not approved by a quorum of the Selectboard at duly warned public meeting, and no conflict
waiver was ever authorized by the Town Manager and Selectboard.
71. Therefore, the Town claims an adverse legal right to DTC, as it maintains the
alleged DTC representation agreement dated January 31, 2023, is null, void, and enforceable.
LEGAL CLAIMS
COUNT I
Declaratory Judgment #1
Board of Selectmen Quorum Requirement
72. The Town restates the preceding paragraphs as fully set forth herein.
73. A quorum of the Selectboard must be present for the public body to take effective
action.
74. A quorum is “the number of members [of a public body] who must be
present…before business may be transacted.” Appeal of Net Realty Holding Trust, 127 N.H.
276, 278 (1985)(quoting Black’s Law Dictionary 1130 (5th
Ed. 1979).
75. When a quorum of a public body is convened to discuss or act upon matters within
its jurisdiction, open-meeting requirements apply.
76. Under New Hampshire law, the Town is entitled to declaratory relief to determine
the following questions as to the legal rights between the Town and DTC:

16
a. Whether a quorum of the Selectboard was required to vote to approve
retaining DTC as legal counsel for the Town, for DTC to have a legally
enforceable representation agreement with the Town.
b. Whether a quorum of the Selectboard voted to retain DTC as legal counsel
for the Town in accordance with DTC’s purported representation agreement
dated January 31, 2023, for DTC to have a legally enforceable representation
agreement with the Town.
77. As part of the relief to which the Town is entitled under this declaratory Judgment
action, is injunctive relief, which requires DTC to:
a. Cease demanding payment from the Town for past due bills for purported
legal services described herein, which were completed without a valid
representation agreement.
COUNT II
Town Manager Approval
79. Under RSA 37:6, VI, the Town Manager shall have the power and it shall be her
duty to examine or cause to be examined, with or without notice, the affairs of any department
under her control.
80. Under RSA 37:6, VII, the Town Manager shall have charge, control, and
supervision, subject to the direction of the selectmen and to the bylaws of the town, if any, of the
following matters: the letting, making, and performance of all contracts for work done for the
Town.

17
81. Under RSA 37:6, IX, the Town Manager shall have the power and it shall be her
duty to perform such other duties, consistent with her office, as may be required of her by vote
of the selectmen.
82. On March 6, 2020, a quorum of the Selectboard convened and voted “to give the
Town Manager full authority over legal matters related to the Woodsville Precinct, its
commissions, and enterprises.”
83. Therefore, under RSA 37:6, it was the Town Manager’s duty and responsibility
to employ legal counsel and oversee all legal matters related to Woodsville, such as the matter
concerning Warrant Articles 27 & 28.
84. While on April 25, 2022, a motion was made by Selectman Knapp “to re-vote on
a 2020 Work Session that gave the Town Manager full authority of legal matters related to
Woodsville Precinct and move that authority to the Select Board,” not one Selectman voted to
second Knapp’s motion, therefore, it failed; and the Town Manager unequivocally remained
delegated with the authority over all legal matters related to Woodsville.
a. Whether because of the action of the Selectboard delegating to the Town
Manager “full authority over legal matters related to the Woodsville Precinct,
its commissions, and enterprises,” under RSA 37:6, was it the Town
Manager’s duty and responsibility to hire and oversee legal counsel for legal
matters related to Woodsville, and therefore, Town Manager approval of legal
counsel for matters related to Woodsville was a condition precedent that must
be met for there to be an enforceable contract between DTC and the Town.

18
b. Whether because of the action of the Selectboard delegating to the Town
Manager “full authority over legal matters related to the Woodsville Precinct,
its commissions, and enterprises,” did the Selectboard delegate its authority
to the Town Manager to hire legal counsel for Woodville-related matters, and
therefore, the Selectboard did not have authority to hire counsel for
Woodsville-related matters without the approval of the Town Manager.
c. Whether because the Town Manager never approved the hiring of DTC,
DTC’s purported representation agreement dated January 31, 2023 is null,
void and unenforceable as a matter of law.
86. As part of the relief to which the Town is entitled under this declaratory
Judgment action, is injunctive relief, which requires DTC to:
a. Cease demanding payment from the Town for past due bills for purported
legal services described herein, which were undertaken without approval
from the Town Manager.
COUNT III
DTC Conflict of Interest Waiver
88. DTC lawyer Christopher Hawkins previously represented Woodsville in its April
2020 lawsuit against the Town, which was filed to compel the Town to fund Woodsville’s
Highway Department.
89. Without knowing that former Woodsville Attorney Christopher Hawkins worked
for DTC, the Town Manager contacted DTC – through DTC Attorney Christopher Boldt – to
inquire about whether DTC could represent the Town in the tax rate setting matter involving

19
Warrant Articles 27 & 28, which requested appropriation by the Town that would fully fund
Woodsville’s Highway Department and Fire Service operations.
90. On January 11, 2023, DTC Attorney Christopher Boldt stated that once he
performed the required conflicts checks for DTC, he would contact the Town Manager to provide
the “definitive yes” on whether DTC could represent the Town.
91. Attorney Boldt deliberately never responded to the Town Manager.
92. Upon information and belief, DTC never performed the appropriate conflict
check, as Attorney Boldt failed to perform the appropriate conflict check and failed provide the
Town Manager with a “definitive yes” regarding DTC’s representation.
93. A review of emails between DTC lawyers Hawkins and Maher demonstrate that
DTC believed its conflict of interest could possibly be “insuperable” if the Town were to
maintain the Town Manager’s position related to Woodsville.
94. Under New Hampshire Rules of Professional Conduct 1.7(b) a lawyer shall not
represent a client if the representation involves a concurrent conflict of interest.
95. Among other reasons, a concurrent conflict of interest exists if there is a
significant risk that the representation of one or more clients will be materially limited by the
lawyer’s responsibilities to a former client.
96. Notwithstanding the existence of a concurrent conflict of interest, a lawyer may
represent a client if (1) the lawyer reasonably believes that the lawyer will be able to provide
competent and diligent representation to each affected client; (2) the representation is not
prohibited by law; (3) the representation does not involve the assertion of a claim by one client
against another client represented by the lawyer in the same litigation or other proceeding before
a tribunal; and (4) each affected client gives informed consent, confirmed in writing.

20
97. In evaluating the appropriateness of representation in a conflict situation under
1.7(b), the New Hampshire Bar Association Ethics Committee has used under the old rules the
“harsh reality test” which states:
“(i)f a disinterested lawyer were to look back at the inception of this
representation once something goes wrong, would that lawyer seriously question
the wisdom of the first attorney’s requesting the client’s consent to this
representation or question whether there had been full disclosure to the client
prior to obtaining the consent. If this “harsh reality test” may not be readily
satisfied by the inquiring attorney, the inquiring attorney and other members of
the inquiring attorney’s firm should decline representation . . . .” New Hampshire
Bar Association Ethics Committee Opinion 1988-89/24
(http://nhbar.org/pdfs/f088-89-24.pdf).
98. Under New Hampshire Rules of Professional Conduct Rule 1.9, a lawyer who
has formerly represented a client in a matter shall not thereafter represent another person in the
same or a substantially related matter in which that person’s interests are materially adverse to
the interests of the former client unless the former client gives informed consent, confirmed in
writing.
99. DTC Attorney Hawkins represented Woodsville in its 2020 lawsuit against the
Town to require the Town to fund Woodsville’s Highway Department.
100. The legal issues involving Woodsville’s 2020 lawsuit against the Town, and the
State of New Hampshire DRA’s disallowance of Warrant Article 27, both pertain to whether it
was permissible for Town taxpayers to fund Woodsville’s Highway Department and are
substantially and inextricably related.
101. Woodsville’s interests in its 2020 litigation, and the Town Manager’s position on
funding Warrant Article 27 are materially adverse.

21
102. Therefore, at a minimum, because DTC Attorney Hawkins recent prior
representation of Woodsville was substantially and inextricably related to Warrant Articles 27
& 28, and was materially adverse to the interests of the Town, DTC was required to:
a. Raise the risks and alternatives with the Town regarding DTC’s conflict of
interest, prior to representation of the Town.
b. Provide the Town with an opportunity to raise questions and concerns about
DTC’s conflict of interest, prior to representation of the Town.
c. Perform the “harsh reality test” prior to representation of the Town.
d. Obtain a duly authorized written informed conflict of interest waiver from the
Town and Woodsville, prior to representation of the Town.
103. Upon information and belief, DTC failed to take the required steps to obtain a
duly authorized conflict waiver from the Town.
a. Whether DTC provided the Selectboard and Town Manager with the risks
and alternatives about DTC’s conflict of interest due to DTC Attorney
Hawkins recent prior representation of Woodsville.
b. Whether DTC provided the Selectboard and Town Manager with the
opportunity to raise questions and concerns about DTC’s conflict of interest,
prior to representation of the Town.
c. Whether a quorum of the Board of Selectmen was required to approve DTC’s
conflict waiver for DTC to represent the Town regarding Warrant Articles 27
& 28.

22
d. Whether the Town Manager was required to approve DTC’s conflict waiver
for DTC to represent the Town regarding Warrant Articles 27 & 28, because
the Selectboard voted to delegate the Town Manager with “full authority over
all legal matters related to Woodsville.”
e. Whether DTC Attorney Christopher Boldt was required to respond to the
Town Manager after assuring her he would respond and provide her with the
“definitive yes” prior to DTC’s official representation of the Town after he
performed the required conflict checks, for there to be an enforceable contract
between the Town and DTC.
f. Whether DTC Attorney Hawkins representation of Woodsville and the legal
matters concerning Articles 27 & 28 were “unrelated”.
g. Whether DTC Attorney Hawkins representation of Woodsville and the legal
matters concerning Articles 27 & 28 were materially adverse.
h. Whether a valid conflict of interest waiver, duly authority by the Town, was
required for an enforceable contract to exist between the Town and DTC.
105. As part of the relief to which the Town is entitled under this Declaratory Judgment
a. Cease demanding payment to the Town for past due bills for purported legal
services described herein, because DTC did not perform the proper protocols
to obtain a conflict waiver, and it did not receive a duly authorized conflict of
interest waiver from a quorum of the Selectmen or from the Town Manager.
COUNT IV
Enforceability of Arbitration

23
107. The DTC’s purported representation agreement dated January 31, 2023, included
a provision that required mandatory binding arbitration concerning any dispute regarding DTC’s
legal fees and costs.
108. DTC was required to provide the Town with informed consent for a mandatory
arbitration provision to be enforceable against the Town.
109. Upon information and belief, DTC failed to provide the Town with the risks and
alternatives about mandatory binding arbitration regarding any dispute over its legal fees.
110. Upon information and belief, DTC failed to provide the Town with an opportunity
to raise questions and concerns about mandatory binding arbitration regarding any dispute over
its legal fees.
111. The traditional principles of contract formation and interpretation determine
whether the parties have a valid arbitration agreement. Aetna Life v. Martin, 134 N.H. 90, 93
(1991); Demers Nursing Home v. FC Foss & Sons, Inc., 122 N.H. 757, 761 (1982).
112. DTC did not form an enforceable contract with the Town.
113. Notwithstanding that no contract was ever formed between the Town and DTC,
even if one was formed, mandatory arbitration is not available to DTC, because (1) DTC failed
to provide the Town with the risks and alternatives regarding binding arbitration, (2) DTC failed
to allow the Town to ask questions about binding arbitration, and (3) DTC failed to afford the
Town with a reasonable amount of time to seek independent counsel on the matter, prior to
requiring a decision on the representation agreement.
114. The binding arbitration provision in DTC’s purported representation agreement
dated January 31, 2023 is invalid.

24
116. Whether DTC provided the Town with the risks and alternatives about mandatory
binding arbitration regarding any dispute over its legal fees.
117. Whether DTC provided the Town with an opportunity to raise questions and
concerns about mandatory binding arbitration regarding any dispute over its legal fees.
118. Whether DTC provided the Town with informed consent for a mandatory binding
arbitration provision to be enforceable against the Town, regarding its dispute over its legal fees.
119. Whether the Town is subject to binding arbitration regarding its dispute with DTC
over its legal fees based on the alleged January 31, 2023 representation agreement.
120. As part of the relief to which the Town is entitled under this declaratory Judgment
a. Cease any arbitration against the Town regarding its dispute over unpaid legal
fees and costs described herein.
PRAYER FOR RELIEF SOUGHT
WHEREFORE, the Town prays that this Court enter judgment as follows:
A. For a determination that the alleged representation agreement between the Town and
DTC dated January 31, 2023 is null, void and unenforceable.
B. For a determination that DTC’s outstanding legal bills amounting to $13,920.69 plus
interest are invalid and the Town does not have to pay them.
C. For a determination that a quorum of the Selectboard was required to vote to approve
the representation agreement between DTC and the Town for there to be an enforceable
contract between the Town and DTC.

25
D. For a determination that the Town Manager was required to approve the representation
agreement between DTC and the Town for there to be an enforceable contract between
the Town and DTC.
E. For a determination that if there was any action by a quorum of the Selectboard to
retain DTC, it was required to be undertaken in a duly warned public meeting and said
action was required to be recorded in the meeting minutes of said meeting.
F. For a determination that a quorum of the Selectboard was required to vote to approve
the conflict waiver for DTC to have a valid enforceable representation agreement with
the Town.
G. For a determination that the Town Manager was required to approve the conflict waiver
for DTC to have a valid enforceable representation agreement with the Town.
H. For a determination that DTC failed to inform the Town and Town Manager about the
risks and alternatives relating to DTC’s conflict of interest due to DTC’s Attorney
Hawkins recent former representation of Woodsville against the Town, and therefore,
DTC’s deficient representation agreement is invalid.
I. For a determination that DTC failed to allow the Town and Town Manager the ability
to raise questions and concerns about DTC’s very clear conflict of interest, and
therefore, DTC’s deficient representation agreement is invalid.
J. For a determination that DTC’s binding arbitration provision in DTC purported January
31, 2023 representation agreement is null, void, and unenforceable.
K. For a determination that a quorum of the Selectboard was required to vote to approve
the mandatory arbitration provision in the purported representation agreement with
DTC, for mandatory binding arbitration to be enforceable against the Town.

26
L. For a determination that the Town Manager was required to approve the mandatory
binding arbitration provision in the purported representation agreement with DTC, in
order for binding arbitration to be enforceable against the Town.
M. Enjoining DTC from demanding payment from the Town for its legal bills at issue in
this Complaint.
N. That if the Court finds an enforceable agreement between the Town and DTC exists,
that the Town be afforded an opportunity to file a lawsuit against DTC for malpractice.
O. For an order that the Defendants reimburse the Town for all reasonable expenses,
including attorneys’ fees, costs and fees associated with this Complaint and all related
proceedings.
P. For any and all other relief the Court deems fair and just under the circumstances.
Respectfully submitted,
TOWN OF HAVERHILL
Dated: September 14, 2023 By its attorney,
Center Harbor, NH
/s/ Derek E. Kline
Derek E. Kline, NH Bar #20649
P.O. Box 1577
Center Harbor, NH 03226
Telephone: (603) 707-1721
Email:derekekline@gmail.com
Attorney for Town of Haverhill

Town of Haverhill Board of Selectmen
Meeting (Non-Public) Minutes
March 6, 2019
Members of the Board Present: Fred Garofalo, Tom Friel, Matt Bjelobrk, Howard Hatch,
Chair Darwin Clogston.
Town Employees Present:
Town Manager: Brigitte Codling
Financial Officer: Excused
Members of the Town Present: None
The meeting was called to order at 4:30 PM
Matt made a motion to enter non-public session, Tom seconded the motion and passed
unanimously.
Entered into Non-Public Session at 4:31 PM
Discussion ensued in non-public session, minutes of which are sealed.
Tom made the motion to leave non-public session, Matt seconded the motion and passed
unanimously.
Entered into Public Session at 4:56 PM
Darwin recused himself from the pending vote; but the remaining Select Board Members voiced
that they did not feel that he needed to do so considering the circumstances.
Fred made the motion to award Mike and Dawn Lavoie a prelitigation settlement in the amount of
$17,620.82 to include a hold harmless agreement; Matt seconded the motion and it passed
unanimously.
Town Manager was asked to work with the Town’s law team to draft the settlement agreement.
Darwin made the motion to give the Town Manager full authority over legal matters related to the
Woodsville Precinct, its commissions, and enterprises. Matt seconded the motion and it passed
unanimously.
The meeting was adjourned at 5:07 PM
Minutes Provided by Brigitte Codling, Town Manager
XXXX 2020

Town of Haverhill
Select Board Meeting
MINUTES
Monday, April 25, 2022, at 6:00 PM
R. E. Clifford Memorial Building
65 South Court St.
Woodsville, NH 03785
Or on ZOOM
1
CALL TO ORDER: Chair Fred Garofalo called the meeting to order at 6:02 PM.
Select Board Attendance: Kevin Knapp (Here), Katie Williams (Here), Mike Graham (Here),
Steve Robbins (Here), Fred Garofalo (Here), A quorum was met.
Town Employees Present:
Town Manager (TM): Brigitte Codling
Assistant Town Manager (ATM): Jennifer Boucher
Members of the Public Present
In Person:
Darlene Simboli
Darwin Clogston
Mark Lang
Howard Hatch
Chris Cadreact
Carolyn Hoffman
Matthew Bjelobrk
Arthur Smith
Randy Subjeck
Online:
Vickie Wyman
Richard Clifford
Town of Haverhill
Joanne Young
Lorraine Prescott
Marilyn Blaisdell
Mike Lavoie
Regis Royo
Mike Bonanno
Matt Champagne
Bob Lesko
Tom Mangels
Guy Mitchell
Mary Brooks
Meg Trogolo ‐ Bradford Journal Opinion
Renzo Chumbes
Delcia Vinnacombe
Winston Currier
Margo Longacre
Bob Lesko
Ron DeRosia
Chris Cox
Keith charpentier
Lorie Aldrich
Skip Gadwah
Preston Hatch
Janice Dube
Preston Hatch
Roger Newman

2
PLEDGE OF ALLEGIANCE
AGENDA APPROVAL
MOTION #1: Vice Chair Robbins made the motion and Graham seconded the motion to
approve the Agenda as written.
Voice Vote: All approved, none opposed, none abstained. The motion passed unanimously.
CONSENT AGENDA
Approve minutes of the previous meeting
MOTION #2: Vice Chair Robbins made the motion and Chair Garofalo seconded the motion to
approve the Minutes from April 11, 2022, as written.
Comment by the Chair:
Chair Garofalo noted that the rules of an effective meeting include not interrupting a speaker
who has the floor. Interruptions will not be tolerated in the future. If someone does not remain
quiet during comments by a speaker who has the floor, the individual who is interrupting will be
asked to be quiet and, if not, then asked to leave the meeting.
SCHEDULED PUBLIC APPEARANCES: None.
TOWN EMPLOYEE APPEARANCES: None.
PUBLIC WANTING TO ADDRESS THE BOARD:
 ATM Boucher noted that there was an online comment: The individual wished to that
Howard Hatch for helping to grade the road. (Applause)
 Howard Hatch responded that he would like to give thanks tonight because he received
a nice note from the Town of Haverhill for his service to the Town, which is the first time
in 51 years that he received a thank you note. Hatch stated that he was asked by the Road
Agent to help catch up with road grading.
Hatch continued that if the Town is going to heal, the Town has to limit Facebook
chatting. Hatch said Facebook is a way to “hide behind a keyboard or a pencil.” Chair
Garofalo stated that the Town appreciates everything Hatch does and has done for the
Town.
 Captain Smith (Piermont, NH) stated he is a member of the Fire Department in
Haverhill Corner. Captain Smith stated that the fire department organization is “a mess”
from Haverhill Corner and provided a list of problems with Haverhill Corner trucks and
other complaints, as follows:
o Poor communication.
o No meeting agendas.
o Lack of maintenance and not spreading equipment maintenance over the year.
o Not scheduling DOT inspections.

3
Captain Smith provided a narrative of problems with the trucks in the field.
TM Codling asked if he raised his concerns with his supervisors because she has
meetings monthly with the 12 officers from both Fire Departments and has not heard of
these problems.
Graham asked Captain Smith to elaborate on the inability for the Fire Chief to do what is
asked. Captain Smith provided a narrative of a specific fire.
ATM Boucher noted that she appreciates Captain Smith’s desire for everything to run
smoothly, but this is the first the Town Administration is hearing about this and nothing
was brought to the Human Resources attention related to people not doing their jobs and
the concerns have not been brought through the chain of command.
Williams stated that after this meeting, Captain Smith should contact Town Manager and
Assistant Town Manager for follow up. TM Codling noted that she reads the maintenance
invoices, and if they are missing something, she needs to know and have a better safety
process in place.
 Keith Charpentier (online) and Renzo Chumbes (online) would like to speak, but ATM
Boucher noted that she would like to take this issue back to the office for examination of
the processes. Assistant Chief Charpentier stated that some of the issues Captain Smith is
bringing up are unfounded. Assistant Chief Charpentier stated that the crew has had
excellent drills and many things were corrected. Renzo stated that this is not the first time
we have heard complaints from Captain Smith and was asked to go through the chain of
command. Renzo continued that the fire service training has been going excellently, and
it appears that the one person who has not connected with the merger of fire departments
was Captain Smith.
Chair Garofalo thanked Captain Smith for bringing up these issues, which will be
followed up by Town Administration.
 Matthew Bjelobrk addressed comments to Knapp on the Board noting that making
statements, such as “obviously, the chain of command is not working,” should be stated
cautiously. Bjelobrk stated that TM Codling as the Town Manager was not aware of these
complaints and making such a statement at an open public meeting is not appropriate.
Knapp suggested rephrasing his comment. Discussion continued.
 Graham asked about the fire department meetings and who attends. TM Codling noted
that all the offices attend the meetings. Graham asked that all the items on Captain
Smith’s list be addressed, and TM Codling assured the Board that they will.
 Darwin Clogston addressed Knapp stating that Newbury VT does use private contractors
(equipment rental) for road work, and Newbury’s costs for road maintenance, with fewer

4
road miles, outspends Haverhill. Graham noted that TM Codling did converse with
Knapp about that comment, and the entire Board was privy to the conversation.
PENDING OLD BUSINESS:
MOTION #3: Knapp made the motion to re-vote on a 2020 Work Session that gave the Town
Manager full authority of legal matters related to Woodsville Precinct and move that authority to
the Select Board.
 Chair Garofalo noted that discussion will be held in Nonpublic Session; however, Knapp
was insistent on continuing with the motion. Chair Garofalo continued that the Board
decided to allow the Town Manager to work with attorneys and come to the Board in a
Nonpublic Session.
 Graham asked Chair Garofalo if he is OK with the settling of the lawsuit. Chair Garofalo
stated “absolutely not,” but noted that the Board will discuss that later.
 Bjelobrk stated that TM Codling was the point of contact with the attorneys and at no
time was there a delegation of authority to come to a decision. Bjelobrk noted that by law
any settlement offer or decision-making is made by the Select Board.
 Knapp revamped his motion to state that he wishes to be cc’ed on every email coming
and going from the lawyers. ATM Boucher stated that the Board cannot be cc’ed because
then an illegal meeting occurs.
 Bjelobrk asked if the emails are subject to RSA 91-A requests, and TM Codling replied
that because of attorney-client privilege, the 91-A does not apply.
 Chair Garofalo asked Knapp what he is looking for and continued that any questions of
lack of transparency from the Town Manager is brought up in a Nonpublic Session. ATM
Boucher stated that it is similar to the utility lawsuits that the Town handles, in that she
attended negotiations between the tons and the utility and had no authority to make any
decision but brought the settlement agreement back to the Board for vote.
 Knapp stated that the Board will discuss it in the Nonpublic Session.
Motion # 3 died with no second and no vote.
NEW BUSINESS:
Annual ATV Road Use Approval
Chair Garofalo noted that the Mtn. Lakes trails have already been approved and that this
discussion is on Augies Bypass and Morse Rd.
MOTION #4: Vice Chair Robbins made the motion and Williams seconded the motion to open
Augies Bypass and Morse Rd. for ATV use for this ATV season.
 Mark Lang noted that Augies is a permanent bypass, but he had no problem with annual
review. Lang noted that Tewksbury Rd. is not on this list.
 Hatch noted that these routes are for annual review.

5
MOTION #5: Vice Chair Robbins made the motion and Williams seconded the motion to open
Tewksbury Rd. for ATV use for this ATV season.
TOWN MANGER’S REPORT
The complete Town Manager’s Report is provided at:
https://www.haverhill-nh.com/vertical/sites/%7B7B636F77-2058-47A7-A817-
81AAD9EE8E62%7D/uploads/Town_Manager_Report_4-25-2022.pdf
TM Codling provided highlights of her report to the members:
Woodsville Lawsuit: The Woodsville Fire District filed a lawsuit against the Town of Haverhill
in Grafton Superior Court in 2019 related to Town funding of the Woodsville Highway
Department. Through 2020, both parties prepared and went through discovery. The Town
requested in May 2021 that with the passing of SB26 that both parties agree to drop the case, but
the Woodsville District Commissioners declined. Instead, the Woodsville Fire District filed for
Declaratory Judgement in early June 2021. In November 2021, the court approved Woodsville’s
Declaratory Judgment motion. However, the order did not provide the clarity both parties needed
to end the case. In February 2022, the Select Board authorized the Town Manager and Town’s
legal counsel to begin formal settlement negotiations, which did not produce a result. The two
parties will begin mediation in early June. If the two parties cannot settle the case than the issue
will need to go to hearing. All court filings are public record and located on the Town’s website.
North Haverhill & Rte 25 Cross Walks: The Town has sent its formal request for approval to
install five new pedestrian crossings along Route 10 in North Haverhill Village. The sidewalks
will need to be ADA accessible, pedestrian signs and cross walk markings would need to be
installed, and possibly street lighting. The locations have tentatively been identified, along Route
10 in North Haverhill. The installation of one cross walk (depending upon elements needed at the
location) will range from $5,000 to $15,000 each. We are working to get NH DOT approval and
design requirements approved. Additionally, the Town has executed agreement with NH DOT
for approval to remark the crosswalk on Rte 25 between two Mount Prospect Academy
buildings.
Mailbox Relocation Requests: More to come on this.
Vertex Cell Tower Permit: The Town Administration is awaiting the building permit from
Vertex.
Grafton County Broadband project: The Town has received its high-level design & estimate,
produced by EX2, for a buildout of broadband town wide. The preliminary estimate to bring a
drop to every property in Haverhill is over $10 million dollars, with additional costs associated to
FTTH distribution routes of $7 million. The next step is to determine the areas that ISPs are
already planning upgrades to current services and plans to expand services throughout Haverhill,
after which, we will identify the gaps that will be left behind. Those are the areas where
Haverhill will need to focus on, which will reduce the estimated costs associated to a broadband
project in Haverhill. Also, there are opportunities for the Town to pursue a public / private

6
partnership with an ISP or ISPs to share responsibility in a town-wide buildout, including
associated costs.
The Town submitted a Letter of Interest (LOI) for the Northern Boarder Regional Commission
(NBRC) State Economic Infrastructure & Development (SEID) program grant with a $1 million
dollar ask. If we are invited to apply for the grant, a formal application will follow. The Town is
utilizing Northern Community Investment Corporation (NCIC) for assistance with grant
preparation and management.
TM Codling answered a question about fiber in Haverhill stating that most is FirstLight Fiber,
but is too expensive for residential use.
Information related to both the Grafton County and the Haverhill Broadband Committees and
their work can be found on the Town’s website at https://www.haverhill-
nh.com/index.asp?SEC=5AC42E47-9D3F-45CF-9E6E7F3A313651A8&Type=B_BASIC
Haverhill Public WiFi Network: In September of 2021, the Town of Haverhill deployed a
public WiFi network along parts of Central Street in the Village of Woodsville. Currently there
are three (3) hosts; Vickie Wyman of The Atlantic Real Estate Network; Robert Welsh of Welsh
Reality Apartments; and Mike & Brie Choate of Mike’s Garage in Woodsville Village. We are
still seeking a few more hosts along Central Street to complete a contiguous network. With the
network active we have been tracking usage and we are pleased to report that we are still seeing
robust use of the network. The Town has also just recently deployed two antennae at the
Woodsville Community field. The Clifford Memorial Building (CMB) is hosting the signal for
these antennae. The goal is to provide WiFi at the ball field again so that the community can
broadcast youth sports and so we can ensure accessibility for improved safety. There is now an
area within the Woodsville Community Field that has Wi-Fi service as part of the network. We
would like to fill the gaps along Central Street to improve the Wi-Fi connection. To do this we
need a few more hosts.
Bath-Haverhill Covered Bridge: No new information.
Public Safety Needs Assessment: Through 2022, the Town will be evaluating facilities that
currently house the Fire & Police Departments to ensure they are meeting the operational needs
of those departments. Included in this evaluation will be a review of spatial needs for things such
as, equipment, vehicles, locker rooms, showers, gear extractors, storage, workstations, meeting
and training spaces. This project will also include a review of grant funding opportunities, site
feasibility, staffing needs, and other necessary planning for recommended changes. In the
coming weeks we will begin pulling together a team to assist with this process.
Wastewater Collection in North Haverhill & Treatment in Woodsville: No new information.
Airport Fuel Credit Card Reader: The Town sells aviation fuel at the Dean Memorial Airport
and prior to the Town purchasing the credit card reader the process was very manual. In the past,
if a pilot didn’t have a fuel key tied to a fuel account, they had to call for one of us to go to the
airport to sell them fuel. This happened a lot actually and caused a significant safety risk for
transient pilots. Likewise, the process of invoicing the fuel accounts was cumbersome, requiring

7
the airport manager to dip the tanks, measure the use, invoice, tracking use, track accounts, and
process payments. The credit card reader eliminates all of the manual work of managing the sale
of fuel and eliminates the safety risks involved. It is a very effective and efficient way of
providing fuel at the Dean Memorial Airport. We now maintain the fuel farm and let the QTpod
do all the work of selling fuel. We purchased the fuel currently in the tanks at $4.65 per gallon
and sell aviation fuel at $5.95 per gallon. We are currently earning $1.30 per gallon, which is
added to airport revenue to be used to offset fuel expenses later in the season. With the QTpod
(credit card reader) the Town is charged 2.5% for every sale, so for a $100 tank of fuel we are
pay $2.50 for the service. The net profit right now for a gallon of fuel is $1.15. The QTpod
system also provides us a reporting portal so that we can pull all data related to fuel sales,
making it much more efficient than in the past.
Community Blight Mitigation: In 2019, the Town spent just over $22,000 to deconstruct and
remove the dilapidated structure at 2 Chapel Street, after which the Town sold the vacant lot to
an abutter with the restriction that the new owner had to keep the land as open space per RSA.
This year, the Town, through its Health Officer, has secured biohazard remediation specialists
from New England Trauma Services to mitigate, decontaminate, deconstruct, and remove the
structures and soils at 42 Railroad Street. There is an abutter interested in the lot once vacant,
with the same conditions as with the Chapel Street property. There are also grants, including
federal grant programs, that will support this work. Also, this year, the Town budgeted for the
dismantling and removal of the dilapidated structure at 42 Ammonoosuc Street. This project will
go out for competitive bid. There is also an abutter interested in the lot once vacant, with the
same conditions as with the Chapel Street property.
Darwin Clogston asked about blight mitigation in other parts of Town. TM Codling noted that
the Health Office has cited some junkyard issues outside of Woodsville, which the Town will be
dealing with.
Quarterly Newsletter: Town Administration is looking for more effective ways to get important
information out to the public. We have tried Facebook, Instagram, listservs, news ads, letters to
the editor, and the Town’s website, but still residents report they are not being provided enough
information. We have produced the first quarterly newsletter that will be mailed to each
residence in Haverhill this week.
Grant Activity: Grants pay for the products and services the town provides and or allows us to
do things that we otherwise would not be comfortable asking residents to pay for through
taxation. The Town of Haverhill is awaiting award for, or has received, the following grants over
the past 3 years:
 Homeland Security – Warm Zone / Public Safety ($6,000.00)
 NHDOJ – Body Armor Grant / Public Safety ($7,040.00)
 NHDOS – Traffic Campaigns / Public Safety ($3,400.00)
 NHDOS – Speed Enforcement / Public Safety ($3,000.00)
 FEMA/NHDOT – Replacement of the Clark Pond Road Bridge ($681,964.10)
 FAA/AIP – Runway Safety Study ($79,408.00)
 CARES – Airport Operational Expenses ($20,000.00)
 CRRSA – Airport Operational Expenses ($9,000.00)

8
 ARPA – Airport Operational Expenses ($22,000.00)
 ARPA – Welfare overruns & equipment for the Haverhill PD ($238,000.00)
 Locality Equipment Purchase Program – Police Cruisers ($50,000.00)
 FM Global – Smoke Detectors for Public Distribution ($2,500.00)
 FAA/AIP – Runway Pavement Maintenance ($105,468.00 / in-progress / will be awarded)
 BIL/AIG – Airport Capital Improvement Plan (CIP) projects ($110,000.00 X 5 years)
 BIL/ATP – Airport Terminal Building & new fuel farm ($1,090,000.00 / pending award)
 ARPA – Welfare & Highway overruns & equipment for the Haverhill PD ($238,000.00)
 EPA – Decontamination & remediation of 42 Railroad Street ($25,000.00 / pending award)
 Brownfield – Decontamination & remediation of 42 Railroad Street ($85,000 / pending award)
 NHDOS – Traffic Enforcement Grant (Mobile Data Terminals) ($7,528.00 / pending award)
 NHDOS – E-CRASH Grant - Barcode Scanners for ID ($5,969.00 / pending award)
 NHDOS – LIDAR Speed Units & Portal Speed Displays ($4,498.00 / pending award)
 FAA/AIP – Land Acquisitions & Easements for Runway Safety ($$$ pending P&S)
 NBRC – Haverhill Last-Mile Broadband Network ($17 M project / grant for $1M max pending
award)
NOTE: There are $530,000.00 AIP grant funds in the Dean Memorial Airport’s (5B9) AIP
account for Capital Improvement Plan (CIP), which includes the FAA/AIP Land Acquisition &
Easements project listed. Every year another $150,000.00 is added to the AIP account for CIP
projects at 5B9 as well as access to non-discretionary funds if needed.
Central / Forest Intersection: The Town has refocused efforts to prepare for work at the
Central Street / Forest Street Intersection. In 2021, the NHDOT verbally approved the Town’s
excavation permit for Phase one (1) of this project. Phase 1 is to remove the wide turning lane in
front of McDonald’s in an effort to narrow the intersection and eliminate cross-traffic issues.
Work will include the removal of pavement, installation of loam and seed. We are in the process
of updating the schedule, updating the estimate for the project needed to post the necessary bond,
then we will be able to request final approval on the excavation permit. We intend to complete
this work in the summer of 2022. Temporary signs to warn motorists of a change in the traffic
pattern will also be installed.
Blackmount Trail Upgrades: Through 2022, the Town will be performing upgrades to the
section of the Blackmount Trail that runs from North Haverhill to Woodsville. Upgrades will
include widening the trail, leveling, and applying a stay mat surface, installing benches, and if
funding allows, installing solar lighting. The Parks & Recreation (P&R) Department will be
working with our Highway Department and Maintenance Department on this project. P&R will
also be working with NCIC to identify, apply for, and hopefully obtain grant funding to offset
the cost of this work.
ASSISTANT TOWN MANAGER’S REPORT:
ATM Boucher noted that with the conversation about public meetings at tonight’s meeting, she
added the Right-to-Know Law and what constitutes a meeting. ATM Boucher is willing a
organize an official from the NH Municipal Association to speak to the Board about municipal
meetings.
COMMISSION AND COMMITTEE REPORTS:

9
Garofalo (Conservation Commission) – Chair Garofalo stated that the Commission had a
meeting and is creating material for the Town’s webpage, a Facebook page, and an Instagram
page, and a prospective member is in the works. Chair Garofalo noted that the Woodsville boat
launch is still under discussion.
Knapp (Planning Board) – Knapp noted that the Planning Board meeting is tomorrow night,
and they are working on the Master Plan and Subdivision Regulations.
Robbins (Parks & Recreation Commission) – Robbins noted that a meeting is upcoming.
Graham (Airport Zoning Commission [AZC]) – Graham noted that there is nothing new, and
the Commission is working on the zoning Ordinance.
Williams (Zoning Board of Adjustment) – Williams stated that the Zoning Board has not met.
Graham (Fire Department Committee) – Graham noted that there have been no meetings, but
asked if firefighters are considered volunteers or employees, and TM Codling replied that
firefighters are volunteers and have Workers’ Compensation.
CORRESPONDENCE: None.
COMMENTS BY SELECT BOARD MEMBERS: None.
NON-PUBLIC SESSION
MOTION #5: Chair Garofalo made the motion and Williams seconded the motion to go into
Non-Public Session according to RSA 91-A:3,II(e) at 7:21 PM.
The Board came out of Non-public Session at 8:25 PM.
MOTION #6: Vice Chair Robbins made the motion and Knapp seconded the motion to seal the
minutes from the Non-Public Session because it is determined that the information would likely
render a proposed action ineffective.
ADJOURN:
MOTION #7: Vice Chair Robbins made the motion and Chair Garofalo seconded the motion to
adjourn the meeting at 8:30 PM.
Transcribed by Joanna Bligh.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Topic: Select Board Meeting
Date: April 25, 2022
Meeting Recording:
https://us06web.zoom.us/rec/share/sjcr957EKoH1UQCsUneQLDkMofGP559RcAKhOT93qJkY02K3yRYRz
U6CafkO141v.xTQMWNEi‐D6Z19NR

May 4, 2022
Ms. Brigitte M. Codling
Haverhill Town Manager
North Haverhill, New Hampshire 03774
RE: Disallowance of Warrant Articles 27 and 28
Dear Ms. Codling:
The Municipal Bureau is required by RSA 21-J:35 to review estimated revenues, voted
appropriations, and the manner in which appropriations were voted. This review includes a
determination whether these items are consistent with applicable state statutes. As a result of this
review, the following findings are:
Article 27 was warned as “Fund the Woodsville Highway Department 2022 Budget. To see if the
Town of Haverhill will raise and appropriate the sum of $466,619, to fund the Highway
Department of Woodsville, NH for 2022 operating budget. The intent is to fund the Highway
Department and not to place burden on the Woodsville Precinct voters by funding two
departments, (Town and Woodsville Fire District) (sic). The Select Board does not recommend
this article (0-4-1). The tax impact of this article will be $1.0808 per $1,000. This is a petitioned
warrant article.” Article 27 was amended to the sum of $298,630, and the amended article
passed.
Article 28 was warned as “Fund the Woodsville Fire Department 2022 Budget. To see if the
Town of Haverhill will raise and appropriate the sum of $146,974, to fund the Fire Department
of Woodsville, NH for 2022 operating budget. The intent is to fund the Fire Department and not
to place burden on the Woodsville Precinct voters by funding two departments, (Town and
Woodsville Fire District) (sic). The Select Board does not recommend this article (0-4-1). The
tax impact of this article will be $0.3657 per $1,000. This is a petitioned warrant article.” Article
28 was passed as presented.
Articles 27 and 28 will be deleted pursuant to RSA 21-J: 35, III, because they are not consistent
with statute. Specifically, RSA 31: 4 permits the voters to appropriate money for purposes not
prohibited by law. Under applicable New Hampshire judicial precedent one municipal entity
cannot make an appropriation for another unless special legislation so provides.

With respect to Article 27, the special legislation, N.H. Laws, 124: 1 (2021), does not authorize
the Town to appropriate money for the Woodsville fire district’s highway department.
With respect to Article 28, the special legislation of the Woodsville fire district does not
authorize funding Woodsville’s fire department because we have not seen any evidence that the
Woodsville fire district properly organized a fire department consistent with New Hampshire
law. See N.H. Gen. Laws, 107: 1 (1878). Funding an ultra vires activity cannot be considered a
lawful purpose. That said, if the Town or the Woodsville fire district can produce evidence
showing that a village fire district was formed in conformity with the requirements of law then
extant, we will reconsider the deletion of Article 28.
The revised appropriations amount for 2022 is $4,680,056.
Please feel free to contact me at 230-5092 or at jamie.l.dow@dra.nh.gov if you have any
questions or concerns.
Sincerely,
Jamie L. Dow
Municipal Accounts Advisor

Christopher D. Hawkins
From:
Sent:
To:
Cc:
Subject:
Importance:
Hello Chris,
Brigitte Codling <townmanager@haverhill-nh.com>
Tuesday, January 10, 2023 6: 11 PM
Christopher Boldt
Jennifer Boucher
[EXTERNAL] Representation
High
The Town of Haverhill is looking for a law firm to represent us for a matter between the Town and the Dept of Revenue
Administration.
This issue involved the School District and all four of our special purpose districts.
I am reaching out to see if your firm would have a conflict of interest, and if not, can we set up a time to discuss our
situation with lawyers from DTC?
Brigitte M. Codling
Haverhill Town Manager
Haverhill Emergency Management Director (EMD)
603-787-6800 (office)
603-728-5192 (cell)
Please not� that any response or reply to this electronic message may be subject to disclosure as a public record under
the New Hampshire 91-A Right To Know Law.
1

From: Christopher Boldt
Sent:
To:
Wednesday, January 11,2023 5:09 PM
'Brigitte Codling'
Cc: 'Jennifer Boucher'
Subject: RE:[EXTERNAL]
Representation
Good Afternoon Brigitte:
I am still down with a very bad head cold/cough (luckily not COVID) so please forgive my delay in getting back to you. In
short, I would be interested in helping out the Town on this matter; but we will need to run conflicts before giving a
definitive "yes". My recollection is that we served as "Special Counsel" to one of the Districts several years ago so please
give me all of the full names of the special purpose districts involved in this matter. We have frequently gone up against
DRA, most recently involving a reval in the City of Berlin so that is not an issue.
Once we run conflicts, I will reach back to you to set up a time for a conference call or Zoom meeting.
Thanks again for your patience with my infirmity.
All the best.
Chris
Chris Boldt, Esq.
Donahue, Tucker & Ciandella, PLLC
Please Note: Our Exeter office street name has changed to Acadia Lane, Exeter, NH 03833-4924 (WE HAVE NOT
MOVED).
The information in this transmission contains information from the law firm of DONAHUE,TUCKER& CIANDELLA,PLLC
which is privileged and confidential. It is intended to be used for the use of the individual or entity named above. If you
are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents is prohibited. If
you receive this transmission in error, please notify us by telephone at (603) 778-0686 so that we can take appropriate
steps to protect confidentiality and/or attorney-client privilege of this information. Thank you.
From: Brigitte Codling [mailto:townmanager@haverhill-nh.com]
Sent: Tuesday, January 10, 2023 6:11 PM
To: Christopher Boldt <cboldt@dtclawyers.com>
Cc:Jennifer Boucher <jboucher@haverhill-nh.com>
Subject: [EXTERNAL)
Representation
Importance: High
Hello Chris,
The Town of Haverhill is looking for a law firm to represent us for a matter between the Town and the Dept of Revenue
Administration.
This issue involved the School District and all four of our special purpose districts.
I am reaching out to see if your firm would have a conflict of interest, and if not, can we set up a time to discussour
situation with lawyers from DTC?
1

From: Christopher D. Hawkins
Sent:
To:
Wednesday,January 11,2023 11:20 AM
EricA. Maher
Subject: RE:Haverhill
I spoke again with Lynne Macomber this morning to share our preliminary game plan. Shesaid Woodsville has not
requested that ORAset the tax rate, so we will probably need to file a petition for writ of mandamus in Superior Court to
move that along. She said that Bridget Codling wrote emails to DRAclaiming that the Woodsville Fire District is not
legally constituted dating back to the 1870s and therefore does not legally exist. I don't know where she came up with
that argument and how she regards it as in the Town's best interest. It is abundantly clear that she is tearing the entire
community apart. Even if the special legislation was unclear, the existence of the Fire District was ratified by the
legislature in 1878 and again in 1899, not to mention it has existed in fact for almost 150 years. My argument is that the
District exists in law because it has existed in fact for well over 100 years.
From: Eric A. Maher <emaher@dtclawyers.com>
Sent: Wednesday, January 11, 2023 11:08 AM
To: Christopher D. Hawkins <CHawkins@dtclawyers.com>
This absolutely came in through you and should be your origination.
From: Christopher D. Hawkins <CHawkins@dtclawyers.com>
Sent: Wednesday, January 11, 2023 11:07 AM
To: Eric A. Maher <emaher@dtclawyers.com>
Subject: Haverhill
Eric:
With your permission, I'd like to put this matter down as my origination. I believe this matter came to us asa result of
my prior representation of Woodsville. I say that recognizing that you will do a lot of the work as the municipal law
expert. I'm happy to discussthis with you.
Clu·istopher D. Hawkins, Esq.
16 Acadia Lane
Exeter, NH 03833-4936
(603) 778-0686, ext. 1543
Web Site: www.dtclawycrs.com
L.1
W'l' r~
~./ ,,/,.,,,/;~/ t:, /;;;It /'.J
The infonnation in this transmission contains information from the law finn of DON •»==, <"'vvn.:c "an-----
CIANDELLA, PLLC which is privileged and confidential. It is intended to be used for the use of the individual
1

From:
Sent:
To:
Subject:
Eric:
Wednesday, January 11,2023 2:35 PM
EricA. Maher
RE:Haverhill
This letter implies that we will not defend Bridget's argument that the Woodsville Fire District does not legally exist. If
we are required to maintain that position then the conflict may be insuperable.
Sent: Wednesday, January 11, 2023 2:30 PM
For your review.
I have a few calls in the afternoon, but I'll be around tonight as well.
From: Christopher D. Hawkins <CHawkins@dtclawyers.com>
I'll draft the conflict waiver letters now for your review. I have an ethics committee meeting at 2:30 that should last
until 4:30. I plan to stay late and work at home tonight.
Hi Chris:
I just received a call from Jennifer Boucher, who is the Asst. Town Manager in Haverhill. I have worked with Jennifer in
the past as she typically wears the hats of assessor/finance director for the Town.
She called to inquire about our availability to provide legal services. She informed me that DW had a conflict that the
School District refused to waive. She asked if we had a conflict.

From: Christopher Boldt
Sent:
To:
Subject:
Friday, January 13, 2023 3:46 PM
Christopher D. Hawkins; Eric A. Maher
Haverhill
I just received a voice message from Jenni er questioning what my determination of the conflict issue has been. She
indicated that she had received an email from Eric seeking some financial information and did not want to respond until
she had spoken with me. Call me on my cell if you need me to do anything. Otherwise, I will stay silent per instructions.
Chris
Chris Boldt, Esq.
Please Note: Our Exeter office street name has changed to Acadia Lane, Exeter, NH 03833-4924 (WE HAVE NOT
MOVED).
The information in this transmission contains information from the law firm of DONAHUE, TUCKER & CIANDELLA, PLLC
which is privileged and confidential. It is intended to be used for the use of the individual or entity named above. If you
are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents is prohibited. If
you receive this transmission in error, please notify us by telephone at (603) 778-0686 so that we can take appropriate
1

i:rom:
Sent:
To:
EricA. Maher
Friday,January 13, 2023 8:23 PM
Subject: Fwd: [EXTERNAL)
Town of Haverhill - MS-1s & DRALetter
What the fuck...
Eric Maher
Donahue, Tuc;ker,& Ciandella, PLLC
16 Acadia Lane
Exeter, N.H. 03833-4924
emaher@dtclawyers.com
603-778-0686
The information in this transmission contains information from the law firm of DONAHUE,
PLLC which is privileged and confidential. It is intended to be used for the use of the indivi
..-------~~----------,-,
you are not the intended recipient, be aware that any disclosure, copying, distribution or u_._____ ~-~~~.,.......------,------
lf you receive this transmission in error, please notify us by telephone at (603) 778-0686 so that we can take appropriate
~ Please consider the environment before printing this e-mail.
From: Jennifer Boucher <jboucher@haverhill-nh.com>
Sent: Friday, January 13, 2023 8:07:40 PM
To: 'Eric A. Maher' <emaher@dtclawyers.com>
Cc:Brigitte Codling <townmanager@haverhill-nh.com>; Christopher Boldt <cboldt@dtclawyers.com>; Fred Garofalo
<fgarofalo@haverhill-nh.com>
Subject: RE:[EXTERNAL)
Town of Haverhill - MS-ls & DRALetter
Hello Eric,
Thank you for getting back to me. However, after I sent you this email, the Town Manager and I spoke to the chair of
the Selectboard who came into the office late this afternoon. He said that you had not been retained by the Selectboard
as they did not have a legally warned meeting for them to vote on retaining your services. They previously had held a
meeting in which they voted to have Town Administration reach out to DTCto see if you would be able to represent us
in this matter because we had run into a conflict issue with Drummond Woodsum. However, they never voted to
actually retain your services.
Both the Town Manager and myself reached out to your firm to see if DTCwould be able to represent us and were told
that conflicts existed and we were awaiting a response from your firm as to whether or not these could be resolved. In
our conversation this afternoon, with the Selectboard chair, the Town Manager and myself were directed to continue
working with Drummond Woodsum until we heard more about the conflict resolution with DTC.
I think it would be prudent for us to have a conversation about this matter so that we can all be on the same page and
avoid unnecessary expenditures and duplication of efforts. As I mentioned, to our knowledge, the last legally warned
1

meeting for the Board of Selectmen did not authorize them to retained legal services. If the board did hold another
legally warned meeting to vote on retaining your services, neither myself nor the Town manager was made aware of
this.
I am conflicted at this point and I am unsure how to proceed. The necessary waivers have been secured to allow the
Town to continue working with Drummond Woodsum on this matter. You have indicated that you have been retained
by our board of selectmen to represent the Town in this matter. However, our chairman indicated you had not. It is my
understanding that in order for the Board of Selectmen to make any kind of decision it needs to be done so in a legally
warned meeting, and I am unaware of this taking place. Conversely, since Haverhill is a Town Manager form of
government it is my understanding that the town manager has the authority to enter into contracts on behalf of the
town, which she and previous town managers have done before. However, to date she has not seen a representation
letter nor have either of us been briefed on the conflict issues so that our concerns can be allayed that no issues will
arise out of your representation of the Town . If I have misinterpreted the statues please let me know. If I have not then
I believe some conversations need to be had so that this matter can be clarified and corrected.
I have had the pleasure of working with both you and Chris Boldt in the past and I have every confidence that either of
you would represent the Town well in this matter as you have previously done so. I am also comfortable and confident
in our attorney at Drummond Woodsum to do the same.
My only goal at this point in time is to get all the tax rates sets for the Town of Haverhill so I can draft the tax warrant for
the Board of Selectmen to sign and then get it off to our tax collector so he can generate the bills and get them in the
mail to our residents. I am simply trying to get my job done to ensure that the town continues to run and run smoothly;
to ensure that the town can continue to meet it's financial obligations. To do this, it is imperative that a timely
resolution be effected in this matter, which, it seems, is further being complicated by a lack of communication between
Haverhill's Selectboard and town administration.
As I'm sure you have surmised, at this time, I am very frustrated and I apologize if you felt at any point I was directing
that frustration at you. I was not. I feel at a complete loss. I would love to have a phone conversation with you to
discuss any of this and I would love to be brought up to speed on what was discussed with the selectboard so we know
we are all working together to resolve this matter as readily as possible.
Thank you,
Jennifer L Boucher
Assistant Town Manager
Town of Haverhill, NH
Phone: (603) 787-6800
Fax: (603) 787-2226
Cell: (603) 728-5485
W¼rw.haverhill-nh.com
Please note that any response or reply to this electronic message may be subject to disclosure as a public record under
the New Hampshire 91-A Right To Know Law.
2

From:
Sent:
To:
Subject:
Attachments:
Eric:
Sunday, January 15, 2023 10:04 AM
EricA. Maher
FW: [EXTERNAL]Fw: FOIA
Resignation Letter.pdf; Letter of Resignation_Email.pdf;011423 foia.pdf
Leaving aside all else, I don't believe we will be able to get Haverhill on track so long as Brigitte Codling remains in the
mix. She will take steps large and small to undercut and undermine our progress and continue to sow dissent and
otherwise make trouble. I think we need to be prepared to recommend her administrative suspension and get either
Glenn English or someone from MRI in there ASAP. I think we also need to be prepared to do the same with Jennifer
Boucher, who will probably serve as a backdoor source of information for Brigitte while she is on suspension. The timing
is delicate given the tax situation and the upcoming Town elections, but the Town may need to bite the bullet.
From: Steve Robbins <srobbins@earthlink.net>
Sent: Sunday, January 15, 2023 7:40 AM
To: haverhillbos@gmail.com; Christopher D. Hawkins <CHawkins@dtclawyers.com>
Subject: [EXTERNAL)Fw: FOIA
I specifically asked the TM to not publicize this this as we were trying to talk to Fred to reconsider his
decision. We have 5 days to answer a 91a is my understanding. I emphasize that I gave a written
directive via text message that was acknowledged to NOT publicize. I do not know how to attach that
communication. I have.asked Paul to hold his story until after our meeting Tuesday. I have _held
·back my angry inclination to respond to this, I believe this is insubordination ·inan effort to slow the
boards progress and create controversy for us
Steve
-----Forwarded Message-----
From: Steve Robbins <srobbins@haverhill-nh.com>
Sent: Jan 15, 2023 7:33 AM
To: srobbins <srobbins@earthlink.net>
Subject: Fw: FOIA
1
From: Brigitte Codling <townmanager@haverhill-nh.com>
Sent: Saturday, January 14, 2023 10:05 PM
' To: paul.hayes@gmail.com <paul.hayes@gmail.com>
I Cc:Jennifer Boucher <jboucher@haverhill-nh.com>; Steve Robbins <srobbins(@haverhill-nh.com>
( Subject: RE:FOIA

Sent: Saturday,January 14, 2023 11:07 AM
EricA. Maher
To:
Subject: FW:[EXTERNAL)
Town of Haverhill - MS-1s & DRALetter
Ladyand Gentlemen:
We need to discussthe email below, which contains some inaccurate statements of law.
We have been engaged by the Town, although an engagement letter has not yet been signed. We believe a clear written
message needs to be sent to the Town Administration, which we will draft for your review. That email will saythe
following:
1. DTCLawyers has been engaged by the Selectmen regarding the DRAmatter. The Selectmen are satisfied there is
no conflict as to the current matters before the Board. This will be confirmed at the Board's next meeting.
2. The Board does not authorize the retention of Drummond Woodsum at this time and Drummond Woodsum
should be directed to stand down until further notice to avoid confusion and duplication of effort. The Town
Administration will provide the Board written confirmation that Drummond Woodsum has been directed to
stand down.
3. The Town Administration is directed to cooperate with DRAto set the tax rate. We expect DRAwill call on
Tuesday.
4. The Town Administration is directed to provide the Board with copies of all past and future written
communications with DRAand any other State agency or elected official.
5. The Town Administration is directed to provide the Board with written summaries of all verbal communications
with DRAand any other State agency or elected official.
6. The Town Administration is directed to preserve all Town documents, including all emails and text messages
with DRAand any other State agency of elected official.
We should meet as soon as possible in a non-meeting to discussthe current status and next steps. We can travel to
Haverhill and meet with the Board face-to-face in a non-meeting. We are generally available this week.
From:Jennifer Boucher <jboucher@haverhill-nh.com>
Sent: Friday, January 13, 2023 8:07:40 PM
To: 'Eric A. Maher' <emaher@dtclawyers.com>
Cc:Brigitte Codling <townmanager@haverhill-nh.com>; Christopher Boldt <cboldt@dtclawyers.com>; Fred Garofalo
<fgarofalo@haverhill-nh.com>
Subject: RE:[EXTERNAL]
Town of Haverhill - MS-ls & DRALetter
Hello Eric,
Thank you for getting back to me. However, after I sent you this email, the Town Manager and I spoke to the chair of
the Selectboard who came into the office late this afternoon. He said that you had not been retained by the Selectboard
asthey did not have a legally warned meeting for them to vote on retaining your services. They previously had held a
meeting in which they voted to have Town Administration reach out to DTCto see if you would be able to represent us

From:
Sent:
To:
Subject:
Attachments:
Town of Haverhill Select Board <haverhillbos@gmail.com>
Tuesday, January 17, 2023 8:09 AM
Christopher D. Hawkins; EricA. Maher
[EXTERNAL]Fwd:
Summary of events.docx
Chris and Eric - Steve asked me to send this summary of events to you to check over. I believe he'd like to make this
statement at tonight's meeting if you think it's okay.
Kindly,
Katie Williams
603-259-6990

(
From:
Sent:
To:
Subject:
Attachments:
Tuesday, January 17, 2023 10:18 AM
Eric A. Maher
Haverhill
Summary of events (CDH Redline).docx
My red line of Steve's planned statement.
Christopher D. Hawkins, Esq.
16 Acadia Lane
Exeter, NH 03833-4936
(603) 778-0686, ext. 1543
Web Site: www.cltclawyers.com
The info1111ation
in this transmission contains infonnation from the law fi1111
of DONAHUE, TUCKER and
CIANDELLA, PLLC which is privileged and confidential. It is intended to be used for the use of the individual
or entity named above. If you are noLthe intended recipient, be aware that any disclosure, copying, distribution
or use of the contents is prohibited. If you receive this transmission in error, please notify us by telephone at
(603) 778-0686 so that we can take appropriate steps to protect confidentiality and/or attorney-client privilege
of this infonnation. Thank you.

Haverhill, NH v. DTC Summons and Complaint.pdf

Haverhill, NH v. DTC Summons and Complaint.pdf

Recommended

Recommended

More Related Content

Similar to Haverhill, NH v. DTC Summons and Complaint.pdf

Similar to Haverhill, NH v. DTC Summons and Complaint.pdf (20)

More from Rich Bergeron

More from Rich Bergeron (20)

Recently uploaded

Recently uploaded (20)

Haverhill, NH v. DTC Summons and Complaint.pdf