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THE STATE OF NEW HAMPSHIRE
GRAFTON, SS. SUPERIOR COURT
TOWN OF HAVERHILL
v.
DONAHUE, TUCKER & CIANDELLA, PLLC
Docket No. 215-2023-CV-00241
COUNTERCLAIM-DEFENDANT TOWN OF HAVERHILL’S
STATEMENT OF MATERIAL FACTS
in support of
MOTION FOR SUMMARY JUDGMENT
Re: Unjust Enrichment
NOW COMES, Counterclaim-Defendant, Town of Haverhill (“Town” or “Haverhill”),
through its attorney of record, and pursuant to Rule 12(g)(2), hereby submits this Statement of
Material Facts in Support of Motion for Summary Judgment (“SUF”), as follows:
Counterclaim-Plaintiff Donahue, Tucker & Ciandella, PLLC
1. The law firm of Donahue Tucker & Ciandella, PLLC, (“DTC”) is a domestic
professional limited liability company organized and incorporated under the laws of the State of
New Hampshire. DTC Answer, ¶ 2. Attorneys Christopher Hawkins, Christopher Boldt and Eric
Maher are members of DTC and otherwise agents of DTC. Id.
2. Hawkins is a member of the New Hampshire Bar Association (NHBA) Ethics
Committee. Foundational Affidavit of Derek E. Kline (“DEK aff.”) Ex.1, (DTC’s response to
RFA #2). Hawkins represented the Woodsville Fire District (“Woodsville”) in its 2020 lawsuit
against Haverhill regarding Woodsville’s access to Haverhill taxpayer money for its highway
department. DTC Answer ¶¶ 11, 88; Affidavit of Brigitte Codling (“Codling aff.”), ¶ 10.
Filed
File Date: 3/18/2024 9:05 PM
Grafton Superior Court
E-Filed Document
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3. DTC routinely represents municipal entities around New Hampshire (Affidavit of
Jennifer Boucher (“Boucher aff.”), ¶ 13) and DTC Attorney Maher was referred to as the
“municipal law expert” when dealing with Haverhill. Am. Complaint, Ex. 6 (Email
correspondence between Hawkins and Maher: “you will do a lot of work as the municipal law
expert.”)
Counterclaim-Defendant Town of Haverhill and its administration
4. Haverhill is governed by a Selectboard and appoints a Town Manager who
exercises such duties and responsibility as set forth under RSA 37.1
DEK aff., Ex. 2 (Haverhill
Selectboard Standard Operating Procedures (“SOP”)).
5. The Haverhill Town Manager reviews and executes contracts on behalf of
Haverhill, including attorney representation agreements, and evaluates and waives conflict of
interest waiver letters arising from an attorney’s representation of Haverhill, in consultation with
the Selectboard. Codling aff., at ¶ 5; Boucher aff., at ¶ 15.
6. The Selectboard administers the prudential affairs of Haverhill pursuant to its
Standard Operating Procedures. DEK aff., Ex. 2 (“SOP”); see also RSA 41:8.
7. For the time relevant to DTC’s billing at issue in this case, the Selectboard is
Chairman Fred Garofalo, Vice Chairman Steve Robbins, Kevin Knapp, Katie Williams, and
Michael Graham. Codling aff., at ¶ 6.
8. For the time relevant to DTC’s billing at issue in this case, the Town Manager is
Brigitte Codling and the Assistant Town Manager is Jennifer Boucher, collectively “Town
Administration.” Codling aff., at ¶ 8.
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Haverhill recently voted to change from a Town Manager form of government to a Town administration
form of government which takes effect on April 9, 2024. For purposes of this case, Haverhill has a Town
Manager form of government under RSA 37.
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9. Selectman Steve Robbins lives in Woodsville, has a business in Woodsville, serves
as Woodsville’s Fire Chief, and financially benefits from Woodsville. DEK aff., Ex. 3 (Hayes,
Paul, Robbins Continues Family Tradition, Steps in as Woodsville Chief, Caledonian Record,
published, January 6, 2023); Codling aff., at ¶ 7.
Selectboard votes to give Town Manager Codling full authority over all legal matters related
to Woodsville.
10. On March 6, 2020, a quorum of the Selectboard convened and voted “to give the
Town Manager full authority over all legal matters related to the Woodsville Precinct, its
commissions, and enterprises.” Am. Complaint, Ex. 1 (Meeting Minutes, March 6, 2020). It
became Ms. Codling’s duty and obligation under RSA 37:6 to control, supervise, and lead
Haverhill regarding all legal matters related to Woodsville. Codling aff., at ¶ 9.
11. Ms. Codling discovered discrepancies with Haverhill’s funding of Woodville’s
highway department, which led Haverhill to reduce Woodsville’s funding from historical levels,
prompting a lawsuit by Woodsville against Haverhill. Id. at ¶ 10; Boucher aff., at ¶¶ 5-6.
Woodsville’s lawsuit against Haverhill
12. On April 22, 2020, Woodsville filed a lawsuit against Haverhill in this Court to
compel Haverhill to fund Woodsville’s Highway Department at historical levels. DTC Answer, ¶
9; Codling aff. at ¶ 10. Woodsville was represented by Attorney Christopher Hawkins and
Attorney Lynette Macomber, then, both of Devine Millimet. DTC Answer, ¶¶ 9, 88.
13. Haverhill retained the law firm of Drummond Woodsum (“DW” or “DW firm”) to
represent Haverhill against Woodsville in this litigation. DTC Answer, ¶ 11.
14. After over two years of protracted litigation, Haverhill and Woodsville settled their
dispute in May 2022, on the condition Haverhill would pay Woodsville $490,000 by January 10,
2023. DTC Answer, ¶ 11; Boucher aff. at ¶¶ 6-7; Codling aff., ¶ 14.
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Special legislation for Haverhill and Woodsville resulting in Warrant Articles 27 & 28
15. During the litigation between Woodsville and Haverhill, special legislation – SB
26 – was introduced in the New Hampshire legislature in attempt to resolve the funding issue
between Woodsville and Haverhill that led to the protracted litigation. Codling aff. at ¶ 11; DEK
aff., Ex. 4 (SB 26 (2021) text).
16. Because the special legislation appeared to provide a mechanism for Woodsville to
obtain funding by Warrant Article, at Haverhill’s Town Meeting 2022, the 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). DTC Am.
Complaint ¶ 15; DTC Answer ¶ 15.
17. On February 2, 2022, Ms. Codling met with Haverhill’s attorneys at the DW firm
to discuss the legality of Warrant Articles 27 & 28, because they related to the litigation between
Haverhill and Woodsville and the special legislation (SB 26), as Warrant Article 27 required
Haverhill to fully fund Woodsville’s highway department. Codling aff. ¶¶ 12-13.
18. On February 7, 2022, the Selectboard voted against recommending Warrant
Articles 27 & 28 at Town Meeting 2022. DEK aff., Ex. 5, p. 12 (Feb. 7, 2022, Selectboard Meeting
Minutes, warrant articles 27 & 28 and vote on recommendation). Selectman Michael Graham was
recused himself from voting on Warrant Articles 27 & 28. Id. at p. 17.
19. At Town Meeting, Warrant Articles 27 & 28 passed. DTC Answer ¶18.
Selectman Knapp attempts to rescind Town Manager’s authority over all legal matters
related to Woodsville.
20. On April 25, 2022, Selectman Kevin Knapp made a motion to rescind the vote that
gave Ms. Codling full authority of legal matters related to Woodsville. Knapp’s motion failed.
Am. Complaint, ¶ 20, Ex. 2, p.4 (April 25, 2022, Selectboard Meeting Minutes, Motion #3).
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DRA performs independent review of Warrant Articles 27 & 28.
21. On May 4, 2022, the DRA undertook its own independent review of the legality of
Haverhill funding Woodsville’s operations, and disallowed Warrant Articles 27 & 28 (2022),
finding that Warrant Articles 27 & 28 were unlawful under state law. Am. Complaint, Ex. 3 (Letter
from DRA to Haverhill dated May 4, 2022). Woodsville appealed DRA’s disallowance of Warrant
Articles 27 & 28 to the New Hampshire Supreme Court. DTC Answer, ¶¶ 24, 27.
Selectman Michael Graham contacts DTC Attorney Hawkins about representing Haverhill.
22. In early May 2022, Haverhill Selectman Michael Graham contacted DTC Attorney
Christopher Hawkins about representing Haverhill. DEK Aff., Ex. 6, p.3 (email correspondence
between DTC and Graham, May 11-13, 2022).
23. Hawkins informed Graham DTC was interested in representing Haverhill. Id.
Selectman Knapp contacts DTC Attorney Hawkins about representing Haverhill.
24. On or about September 28, 2022, Selectman Knapp contacted DTC Attorney
Hawkins about representing Haverhill, and the next day Hawkins emailed Knapp:
We can certainly review the Town Manager’s contract and can discuss the Board’s
goals and objectives going forward with respect to the Woodsville Fire District
and other matters.
DEK aff., Ex. 7, pp. 1 (Email between Knapp and Hawkins dated September 29, 2022 – October
5, 2022)(emphasis added).
25. On September 29, 2022, without a conflict waiver or representation agreement,
DTC allegedly began representing Haverhill, advising Knapp on Warrant Articles 27 & 28. Id.
compare with DEK aff., Ex. 8 (DTC000963)(DTC billing entry for 9/29/22).
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26. On October 5, 2022, Hawkins directed Knapp to send more information regarding
DTC’s apparent representation of Haverhill to DTC. DEK aff., Ex. 7, p.1 (Email from Hawkins
to Knapp).
27. On October 13, 2022, Hawkins sent an email to Maher about DTC possibly
representing Haverhill, disparaging the work his former rival at the DW firm in the
Haverhill/Woodsville litigation, stating:
“We…are not being asked to represent Woodsville. I would suggest to Woodville’s
attorneys that they file a DJ action in Superior Court that Woodsville is a valid
municipal entity and chase that to the Supreme Court if necessary. From my
perspective, both Haverhill and Woodsville need competent, diligent, and attentive
municipal counsel in the worst possible way. I'm concerned that Drummond
Woodsum is too closely aligned with the current Town Manager to provide
that advice. It's easy to envision the Selectmen lacking confidence in
Drummond’s advice because Drummond took laughably horrible legal
positions in the Woodsville litigation.”
DEK aff., Ex. 9. (Email between Hawkins and Maher, October 13, 2022) (emphasis added)
28. On November 23, 2022, Knapp wrote to Hawkins about DTC representing
Haverhill, stating:
I am finally getting somewhere…Four of us are on board with hiring your firm to
terminate our town manager.
DEK aff., Ex. 10 (Email from Knapp to Hawkins, dated Nov. 23, 2022)
DRA’s refusal to set Haverhill’s tax rate.
29. On December 27, 2022, Haverhill received a letter from DRA stating it could not
set Haverhill’s tax rates due to Woodsville’s appeal of DRA’s disallowance of Warrant Articles
27 & 28 to the New Hampshire Supreme Court. DEK aff., Ex. 11 (letter from DRA to Haverhill
dated December 22, 2022 refusing to set tax rate).
30. On December 27, 2022 Ms. Boucher contacted the DW firm for legal advice
because the DRA tax rate matter intertwined with the previous litigation between Haverhill and
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Woodsville, as it related to the contentious Woodsville highway department funding. Boucher aff.
¶ 11; Codling aff., ¶ 15. A few days later DW issued a formal opinion to the Selectboard on the
DRA tax rate matter. DEK aff., Ex. 12 (Email correspondence and DW memorandum to
Selectboard dated Dec. 30, 2022)
31. On January 3, 2023 the Selectboard discussed DW’s memo and voted to have DW
send a demand letter to DRA. DEK aff., Ex. 13, pp. 3-4 (Selectboard Meeting Minutes, Jan. 3,
2023).
32. At the January 3, 2023 Selectboard meeting, there was no discussion of retaining
DTC or working with any other law firm on the DRA tax rate setting matter. Id.
Selectman Knapp contacts DTC again about representing Haverhill.
33. On January 4, 2023, Selectman Knapp sent an email to DTC Hawkins asking to set
up a non-meeting regarding DTC’s apparent representation of Haverhill, and Hawkins scheduled
a Zoom meeting with Knapp. DEK aff., Ex. 14 pp. 1-2 (Emails between Knapp to Hawkins, dated
Jan. 4-5, 2023).
Woodsville demands Haverhill make litigation Settlement Agreement payment.
34. On January 4, 2023, Haverhill and Woodsville were still performing the terms of
their Settlement Agreement in the litigation Hawkins represented Woodsville against Haverhill.
Boucher aff., ¶ 9. Since Haverhill was foreseeing cash flow issues because of the DRA tax rate
matter, the Selectboard discussed a possible delay in making payment to Woodsville, which
Woodsville declined. DEK aff., Ex. 15 (Email from Kevin Shelton, Woodsville Commissioner to
Town Administration and Selectboard, Jan 4, 2023).
DW firm’s potential conflict with its client regarding DRA tax rate matter.
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35. On January 4, 2023, the DW firm informed Haverhill about a potential conflict of
interest with its client, School District SAU 23, because the DRA tax rate matter implicated many
different entities; and on January 9, 2023, DW stated it could not continue representing Haverhill
on the DRA tax rate matter until it received conflict waivers. Codling aff., ¶ 16.
The Selectboard schedules Emergency Meeting to address legal representation.
36. On January 10, 2023 the Selectboard took action “to have Town Administration
approach DTC lawyers and ask them if they could represent the Town of Haverhill with regards
to DRA’s refusal to set the Town, School, and District tax rates.” DEK aff., Ex. 16, (Selectboard
meeting minutes) (Motion #1).
37. Immediately after the Selectboard meeting, Ms. Codling emailed DTC Attorney
Christopher L. Boldt inquiring about DTC’s possible representation of Haverhill, writing:
The Town of Haverhill is looking for a law firm to represent us for a matter between
the Town and the Department of Revenue Administration.
The 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?
Am. Complaint, Ex. 4 (Email from Codling to Boldt dated Jan. 10, 2023)(emphasis added); DTC
Answer ¶ 34.
38. On January 10, 2023, unknown to Town Administration, Selectman Knapp
contacted DTC Hawkins and Maher stating that the Selectboard “canceled” the use of the DW firm
and hired DTC. DEK aff., Ex. 17 (Email from Knapp to Hawkins, dated Jan. 10, 2023). Codling
aff., ¶ 19;
39. On January 11, 2023, Attorney Boldt responded to Ms. Codling’s email stating
DTC would be interested in representing Haverhill on the DRA tax rate setting matter but would
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need to “run conflict checks” before the “definitive yes” on representation. Am. Complaint, Ex. 5
(Email from Boldt to Codling, Jan. 11, 2023); DTC Answer ¶ 35.
40. On January 11, 2023, Boldt advised Ms. Codling that “once I run conflicts, I will
reach back to you to set up a time for a conference call or Zoom meeting.” Am. Complaint, Ex. 5
(Email from Boldt to Codling, Jan. 11, 2023); DTC Answer ¶ 36.
41. On January 11, 2023, the Assistant Town Manager Jennifer Boucher called
Attorney Maher “inquiring about [DTCs] availability to provide legal services,” and asked whether
DTC had a conflict of interest in the DRA tax rate matter, because many entities were implicated.
Boucher aff., ¶ 14; DTC Answer ¶ 43. Ms. Boucher sent a follow-up email to Maher after her
call requesting DTC’s representation agreement and conflict waiver for the Town Manager to sign.
DEK aff., Ex. 18, (ToH000147)(Email between Boucher and Maher, Jan. 11, 2023).
42. Maher memorialized his conversation with Ms. Boucher in an email to Hawkins:
[The Assistant Town Manager] asked if we had a conflict…I informed her that we
do have a technical conflict…and were in the process of seeking a conflict
waiver…I informed [the Assistant Town Manager] that [DTC is] actively working
to make sure we can represent the Town…I made no mention of the Town Manager
during that discussion or the Select Board’s concerns with her.
DEK aff., Ex. 19, p.1 (Email between Maher and Hawkins, Jan. 11, 2023).
43. On January 11, 2023, Hawkins called Woodsville’s attorney – his former co-
counsel in the Woodsville/Haverhill litigation – “to share [DTC’s] preliminary game plan”
regarding DTC’s representation of Haverhill. Am. Complaint, Ex. 6 (Email between Hawkins and
Maher dated Jan. 11, 2023); DTC Answer, ¶ 38.
44. After Hawkins conversation with Woodsville’s counsel, Hawkins sent emails to
Maher disparaging Codling and expressing that DTC “may need to have a come-to-Jesus with
[DW Attorney] Demetrio Asprias.” DEK aff., Ex. 19, p.2 (Email between Maher and Hawkins,
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Jan. 11, 2023). Hawkins also expressed he did not believe there was a conflict between Haverhill
and School District SAU 23 insofar as the DRA tax rate matter was concerned. DEK aff., Ex. 20,
p.1 (Email between Hawkins and Maher, Jan. 11, 2023).
45. On January 11, 2023, Hawkins requested permission from Maher to put DTC’s
alleged representation of Haverhill down as his origination because “this matter came to [DTC] as
a result of my prior representation of Woodsville.” Am. Complaint, Ex. 6 (Email between Maher
and Hawkins, Jan. 11, 2023).
46. On January 11, 2023, Hawkins informed Selectman Knapp that he would send him
a conflict waiver letter “based upon my prior representation of Woodsville” and that Hawkins
had spoken with the Woodsville attorney and he was confident that Woodsville will waive DTC’s
conflict “as well.” DEK aff., Ex. 21 (Email between Knapp and Hawkins, Jan. 11, 2023)
(emphasis added).
47. On January 11, 2023, Hawkins wrote to Maher stating that he would draft the
conflict waiver letters for Haverhill and Woodsville in such a way that it “implies that [DTC] will
not defend [the Town Manager’s position on Woodsville].” DEK aff., Ex. 22 (RFAs ## 36, 37 &
38, referencing RFA Ex. 6); DTC Answer ¶¶ 39, 93.
48. Hawkins expressly stated if DTC is “required to maintain [the Town Manager’s]
position [on Woodsville] then [DTC’s] conflict may be insuperable.” DTC Answer ¶ 93.
49. On January 11, 2023, DTC had “not yet directly met” with the Selectboard. DEK
aff., Ex. 23, (DTC Interr. Ans. #6).
50. On January 12, 2023, Executive Counselor Cinde Warmington met with Town
Administration, Selectboard, Woodsville Commissioners, School Board Chair, and SAU
representatives regarding the tax rate setting issue. DEK aff., Ex. 24 (Meeting Minutes, Jan. 12,
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2023). Executive Counselor Warmington was informed that Town Administration was “the
Town’s single point of contact” regarding the DRA tax rate setting matter. Id. DTC was not present
at this meeting. Id. (meeting minutes show individuals present at meeting).
51. On January 12, 2023, DTC met with the Selectboard and had a “consultation” and
allegedly discussed its conflict of interest. DEK aff., Ex. 25 (Email from Hawkins to Codling
dated, March 21, 2023 discussing the Jan. 12, 2023 “consultation”). However, Ms. Codling was
unaware DTC was even meeting with the Selectboard. Codling aff., ¶ 20.
52. Moreover, there was no vote to hire DTC on January 12, 2023. DEK aff., Ex. 26
(RFA ## 5& 6 referencing RFA Ex. 1, attached thereto, admitted DTC was not hired on 1/12/23).
53. However, on January 12, 2023, DTC billed Haverhill for 11.75 hours of apparent
legal services regarding the DRA tax rate matter. DEK aff., Ex. 8 (DTC000963-64) (DTC billing
invoices, Jan-Mar. 2023).
Town Administration raises concerns about DTC’s conflict of interest.
54. On January 12, 2023, Ms. Codling wrote to DTC Attorney Christopher L. Boldt
expressing concern about DTC’s conflict of interest, stating:
We have heard that Chris Hawkins, who represented the Woodsville District in
their lawsuit against the Town of Haverhill, has [allegedly] been retained, by the
Haverhill Board of Selectmen without my input or involvement. This is very
concerning, as that is a very clear conflict of interest. We assume that DTC
would acknowledge that conflict of interest…I do appreciate, as Haverhill’s
Town Manager, the willingness for DTC to assist us with the Tax Rate issue, but
do not believe it is ethical for Chris Hawkins to represent the Town.
DEK aff, Ex. 27 (Email from Codling to Boldt, Jan. 12, 2023); see also DTC Answer ¶¶ 41, 42.
55. On January 13, 2023, Ms. Boucher called Boldt requesting the result of DTC’s
conflict check. Am. Complaint, Ex. 8 (Email from Boldt to Hawkins and Maher acknowledging
a voice message from Jennifer Boucher questioning Boldt’s determination on the conflict issue).
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56. On January 13, 2023, Boldt sent an email to Hawkins and Maher, stating that Town
Administration was “questioning what my determination of the conflict issue has been.” Am.
Complaint, Ex. 8 (Email from Boldt to Maher and Hawkins, Jan. 13, 2023).
57. At this point, Boldt received numerous urgent requests from Haverhill regarding
the results of DTC’s conflict of interest check he promised to perform. Id.; Boucher aff., ¶ 16;
Codling aff., ¶ 24.
58. Instead of responding to Town Administration, Christopher Boldt forwarded the
emails from Town Administration requesting a conflict check to Hawkins and Maher stating, “I
will stay silent per instructions” and never responded to either Ms. Codling or Ms. Boucher. Am.
Complaint, Ex. 8 (Email from Boldt to Maher and Hawkins, Jan. 13, 2023); DTC Answer ¶¶ 46,
91; Boucher aff., ¶ 16; Codling aff., ¶ 24.
59. On January 13, 2023, because of Boldt’s deliberate silence, Ms. Boucher contacted
Maher confused about DTC retention since there was no paperwork regarding DTC’s hiring and
there was no resolution on DTC’s conflict issue. DEK aff., Ex. 18, at ToH000146,(Email between
Maher and Boucher, Jan. 13, 2023). Maher responded that DTC’s “paperwork is in progress” and
that DTC “had the required discussions with both the Select Board and Woodsville, such that no
issues arise out of our representation.” Id., at ToH000145.
60. However, DTC did not advise Ms. Codling or Ms. Boucher on DTC’s conflict, or
even raise the risks and alternatives regarding such conflict or provide Town Administration with
a reasonable opportunity to evaluate DTC’s conflict. Boucher aff., ¶ 16; Codling aff., ¶ 25.
61. And DTC began providing apparent advice to the Selectboard before it even
disclosed its conflict. DEK aff. Ex. 23 (Interr. Ans. # 6)(“as of January 11, 2023 DTC had not met
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with entire Selectboard”) compare with DEK aff., Ex. 8, (DTC000963)(DTC billing invoices,
entries 9/29/22, 1/10/23, 1/11/23, and 1/12/23, with 11.75 hours billed on 1/12/23).
62. In the meantime, on January 12, 2023, Town Administration was contacted by the
DW firm who informed Town Administration that their conflict issue resolved, and on January 13,
2023, DW conflict issue was resolved, and Town Administration continued to work with DW on
the DRA tax rate matter. Codling aff., ¶ 21.
63. On January 13, 2023 Ms. Boucher sent an email to Maher, copying Boldt and
Selectboard Chairman Garofalo, stating DTC had no authority to represent Haverhill, because:
a. The Chairman stated DTC was not hired.
b. There was no noticed meeting of the Selectboard retaining DTC.
c. There was no vote by the Selectboard retaining DTC.
d. DTC failed to brief Haverhill on the “very clear conflict of interest” based on
Hawkins prior representation of Woodsville.
e. DTC legal services would be duplicative and unneeded because Haverhill
received the necessary conflict waiver from the DW firm, and DW was
representing Haverhill on the tax matter before DRA.
DEK aff., Ex. 18, pp. 1-3 (ToH000143-45), Email between Maher and Boucher, Jan. 13, 2023);
DTC Answer ¶¶ 49, 50.
64. DTC admits it was informed on January 13, 2023 “the necessary waivers have been
secured to allow the Town to continue working with Drummond Woodsum” on the DRA tax rate
setting matter, and its services were not needed. DEK aff, Ex. 28 (RFA # 41, referencing RFA Ex.
7 attached thereto).
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65. Chairman Garofalo directed Ms. Codling and Ms. Boucher to continue working
with the DW firm on the DRA tax rate setting matter since DW’s conflict was resolved, and DTC
conflict waiver had not been waived by Haverhill. Boucher aff., ¶ 20; Codling aff., ¶ 29.
DTC proceeds to allegedly represent Haverhill.
66. On January 13, 2023, DTC Hawkins and Maher sent a letter to DRA demanding
the tax rate be set without consulting Town Administration. Codling aff., ¶ 28; DEK aff. Ex. 29
(Letter from DTC to DRA, Jan. 13, 2023).
67. However, on January 13, 2023, the DW firm had already been communicating with
DRA Revenue Counsel about the DRA tax rate matter, informing Ms. Codling there had been a
“breakthrough” with DRA. DEK aff. Ex. 30 (Email from DW to Codling & Boucher).
68. That “breakthrough” was DRA was ready to set the tax rate, and all it needed was
a letter from Haverhill requesting that the tax rate be set. Codling aff., ¶ 30; Boucher aff., ¶ 17.
69. On January 13, 2023, DRA Revenue Counsel responded to Hawkins’s email that
transmitted DTC’s letter to DRA, informing Hawkins and Maher that DRA would begin to set the
tax rates for Haverhill and Woodsville on January 17, 2023. DEK aff., Ex. 31 (Email from Hawkins
to Macomber, Jan. 13, 2023). Hawkins forwarded Revenue Counsel’s email to Woodsville’s
lawyer “to ensure the loop was closed,” crediting Executive Counselor Cinde Warmington with
resolving the DRA tax rate setting issue. Id.
70. In response to Hawkins and Maher’s January 13, 2023 letter to DRA, Revenue
Counsel clarified that DRA had been working with “Town officials and Town counsel Drummond
Woodsum” on the DRA tax rate setting issue, and that DRA was not aware DTC was even
representing Haverhill. Am. Complaint Ex. 15, p.1 (Letter from DRA to DTC dated Jan. 23, 2023);
DTC Answer, ¶ 57.
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71. On January 14, 2023, Maher wrote to Ms. Boucher requesting that DW refrain from
representing Haverhill on the DRA tax rate setting matter. DEK aff. Ex. 18, p.1 (Email
correspondence between Maher and Boucher, Jan. 14, 2023).
72. On January 14, 2023 Hawkins acknowledged DTC’s “engagement letter has not
yet been signed” but stated a “clear written message needs to be sent to the Town Administration,”
that DTC was representing Haverhill, and drafted an email for Selectman Robbins to send to Ms.
Codling and Ms. Boucher stating:
DTC Lawyers has been engaged by the Selectmen regarding the DRA matter. The
Selectmen are satisfied there is no conflict as to the current matters before the
Board. This will be confirmed at the next board meeting.
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 duplicative efforts…
Am. Complaint, Ex. 10B (Email between Maher and Hawkins dated Jan. 14, 2023).
73. Ms. Codling felt severe pressure from DTC, causing severe emotional distress and
anxiety, and was forced to communicate with DTC. Codling aff., ¶ 31.
74. On January 14, 2023, Chairman Garofalo had an internal disagreement with the
Board. DEK aff. Ex. 33 (Email correspondence between Maher and Robbins, Jan. 14, 2023).
75. On January 14, 2023, Maher informed Ms. Codling that DRA would set the tax
rates, and Ms. Codling politely responded thanking Maher for the information, but at no time
waived DTC’s conflict or agreed to hire DTC. DEK aff. Ex. 34 (Email between Maher, Boldt and
Town Administration, and Board Chairman, Jan. 14, 2023); see also Codling aff., at ¶ 31.
Signing of DTCs Conflict of Interest Waiver and Chairman Garofalo’s resignation
76. On January 14, 2023, Selectman Robbins informed Maher about Chairman
Garofalo’s disagreement and requested DTC “re-issue” its conflict-of-interest waiver in Steve
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Robbins name. DEK aff., Ex. 33 (Email correspondence between Maher and Robbins, Jan. 14,
2023).
77. On January 14, 2023, Chairman Fred Garofalo resigned from the Selectboard,
however, efforts were being made to have Garofalo reconsider his resignation. DEK aff., Ex. 35
(Email between Hawkins and Maher, Jan. 15, 2023).
78. On Sunday, January 15, 2023, without any action of the Selectboard waiving DTC’s
conflict of interest or authorizing Selectman Steve Robbins to sign DTC’s conflict waiver, Robbins
signed DTC’s conflict waiver at Woodsville’s offices where Robbins worked, the same morning
Woodsville Commissioners approved DTC’s conflict waiver. DEK aff., Ex. 36 (RFA ##26 & 27,
referencing RFA Ex. 5 attached thereto, text messages between Robbins and Hawkins) compare
with DEK aff., Ex. 37 (Haverhill conflict waiver signed by Steve Robbins on 1/15/23); Id.
(Woodsville conflict waiver signed by Steve Wheeler on 1/15/23) compare with DEK aff., Ex. 38
(Email between Woodsville’s Administrator Kevin Shelton and Hawkins/Robbins); DEK aff., Ex.
3 (newspaper article demonstrating Robbins works for Woodsville).
79. However, despite DTC claiming that a conflict waiver “needed to come from the
Select Board as the governing body of the Town,” a quorum of the Select Board never voted to
waive DTC’s conflict. DEK aff., Ex. 39 (DTC Interr. Ans. # 11) Boucher aff., ¶ 19; Codling aff.,
¶ 27. Indeed, there are no documents that demonstrate the Selectboard ever voted as a governing
body to waive DTC conflict. Boucher aff., ¶ 19; Codlig aff., ¶ 27;.
80. Ms. Codling never authorized or waived DTC’s conflict as the Town Manager and
objected to DTC’s representation of the Town due to its clear conflict. Codling aff., ¶ 25 DEK
aff, Ex. 27 (Email from Codling to Boldt, Jan. 12, 2023).
17
81. On January 15, 2023, after Hawkins was informed Robbins signed DTC’s conflict
waiver, Hawkins sent an email to Maher stating Ms. Codling and Ms. Boucher’s employment
should be terminated. Am. Complaint, Ex. 10A (Email between Maher and Hawkins, Jan. 15,
2023).
82. On January 16, 2023, DTC Attorney Christopher Boldt met with Hawkins and
Maher to provide “background and strategy” to DTC’s apparent representation of Haverhill. DEK
aff., Ex. 8 (DTC billing statements, 1/16/23 entry billing entry by Christopher L. Boldt (CLB)).
DTC’s secret email account for the Selectboard
83. At some point DTC advised the Selectboard to create an email account outside of
the Town network, and on January 16, 2023, DTC was informed the secret email account was
inadvertently disclosed to the public, which Maher found to be “alarming” and “problematic.”
DEK aff., Ex. 40 (Email between Hawkins and Maher, Jan. 16, 2023); Codling aff. ¶ 32.
84. On January 16, 2023, Hawkins and Maher strategized how to handle (1) why DTC
believed the secret email account could not reviewed by Ms. Codling, and (2) why DTC was not
retained by Ms. Codling, stating:
When asked why [the emails] are confidential from the Town Manager [Selectman
Robbins] can say that the Board decided to take direct charge of the time-critical
DRA issue and retain counsel directly.
DEK aff., Ex. 40, p.2 (Email between Hawkins and Maher, Jan. 16, 2023).
Selectman Steve Robbins public statement for January 17, 2023 Selectboard meeting.
85. On January 17, 2023, Selectman Robbins drafted a public statement about the
timeline of events and DTC’s alleged representation of Haverhill, which was sent to Hawkins for
review. DEK aff., Ex. 41 (Email from Selectman Katie Williams to Hawkins, transmitting
Robbins public statement for January 17, 2023 Selectboard meeting, with statement attached).
18
86. The public statement drafted by Selectman Robbins stated, in part:
On January 10, 2023, there was a “second emergency meeting, we voted to change law
firms to DTC, Donahue, Tucker, and Ciandella Lawyers because D&W was not reacting
quickly enough…”.
On January 12, 2023, there was a “non meeting with attorneys, we outlined our
situation…they outlined a conflict that included Woodsville Fire District, we agreed
that it did not effect the case, as did the Woodsville attorneys. DTC felt comfortable
moving forward, with commitment by both of signature, as time was of the essence.
Id. at p. 2 (emphasis added).
87. DTC Hawkins revised the two sections in the preceding paragraph to read:
On January 10, 2023, “We held a second emergency meeting, we voted to change law firms
to Donahue, Tucker, and Ciandella because D&W conflict situation had not been
resolved and we needed legal advice as quickly as possible…”.
On January 12, 2023, “We held a non meeting with attorneys from DTC. We outlined our
situation, and found that they had already done research since our initial contact
because they recognized the seriousness of our situation. At the beginning of our
meeting, they disclosed that one of them had represented the Woodsville Fire District
for a time in its litigation against the Town. That attorney stopped representing
Woodsville before the case was resolved. DTC disclosed that in the event a dispute
developed between Haverhill and Woodsville they would not be able to represent
either party. We did not feel that this issue was serious because the Woodsville
lawsuit was settled and we had no plans to reopen it, and the DRA issue was not
related to that case. We agreed that this issue did not effect the DRA issue and felt
comfortable that DTC understood the urgency of our situation. We understand that
Woodsville through its attorneys agreed to waive the conflict as well.
Amended Complaint, Ex. 10 C (Hawkins revision of Robbins public statement)(redline begins on
p. 3 of Exhibit).
88. Based on a review of Selectman Robbins draft public statement, DTC’s revised the
public statement, by:
a. Deleting the “conflict waiver signature” reference.
b. Inserting a dialogue as to why there was allegedly “no conflict of interest” for
DTC to represent Haverhill.
19
c. Adding language that says “the DRA issue was not related” to Woodsville’s
lawsuit against Haverhill over highway funding.
d. Adding language that says the DW law firm had a conflict of interest that was
not waived.
DEK aff., Ex. 41 (Robbins draft public statement; compare with Am. Complaint, Ex.10 C
(Robbins revised public statement, redline begins on p. 3 of Exhibit).
The January 17, 2023 Select Board Meeting
89. On January 17, 2023, the Selectboard’s meeting agenda did not include an agenda
item to hire DTC. DEK aff., Ex. 42 (Jan 17, 2023 Selectboard meeting agenda); see also DEK
aff., Ex. 43, p.1 (Jan. 17, 2023 Selectboard meeting minutes). 2
90. When it came to reviewing the meeting minutes of the January 10, 2023,
Emergency Meeting, Robbins stated his motion on January 10, 2023 was to retain the law firm
DTC. Id. at pp. 2-3. Ms. Codling and Ms. Boucher, however, voiced concern to the Selectboard
that DTC was not retained, that DTC had a conflict of interest, and that the Board’s action of
January 10, 2023 was only for Town Administration to reach out to DTC to see if they were
interested in representing Haverhill. Id. at pp. 5, 7; Codling aff., ¶ 33; Boucher aff., ¶ 21.
91. The Selectboard discussed what procedure might be followed to change the motion
at the January 10, 2023 meeting, and Robbins made a motion to “ratify” the Selectboard’s vote of
January 10, 2023. DEK aff., Ex. 43, p. 2 (Jan. 17, 2023, Selectboard Meeting Minutes).
92. There was no mention or action by the Selectboard at the January 17, 2023 meeting
to retain DTC regarding personnel matters or to evaluate Ms. Codling’s performance. Id.
93. At the January 17, 2023 Selectboard meeting Selectman Robbins read the public
statement Hawkins substantively revised into the record. Id.
2
A zoom link and password for this meeting can be accessed at the bottom of page 14 of the meeting minutes.
20
94. At the January 17, 2023 Selectboard meeting, Robbins announced “the tax warrant
was set today and is ready to be signed.” Id. at p. 3 (meeting minutes).
95. At the meeting, the Selectboard took action “to accept with deep and extreme regret
the resignation of Fred Garofalo as Chair.” Id., p. 14 (Motion #10).
96. On January 18, 2023, Hawkins sent Robbins an email crediting Executive
Counselor Cinde Warmington with resolving the DRA tax rate setting matter. DEK aff., Ex. 45
(Email between Hawkins and Selectboard, Jan. 18, 2023).
DTC’s Engagement Letter and Conflict Waiver
97. On January 23, 2023, Maher emailed Hawkins asking: “Have we received the
engagement letter and conflict waiver yet?” DEK aff., Ex. 46 (Email between Maher and Hawkins,
Jan. 23, 2023).
98. On January 24, 2023, Hawkins responded DTC allegedly received the conflict
waiver but had not sent out the engagement letter to Haverhill. Id. Hawkins stated he would
address DTC’s engagement letter to Robbins personal address instead of to Town offices. DEK
aff., Ex. 47, (Email between Hawkins and Maher, Jan. 24, 2023).
99. On January 30, 2023, DTC mailed its engagement letter to the personal home of
Robbins. Id. compare with id., Ex. 36 (RFA ## 26 & 27, referring to RFA Ex. 5, text messages
between Hawkins and Robbins, RFA Ex. 5, p. 2, engagement letter “went out in yesterday’s mail”).
100. On January 30, 2023, the Selectboard convened in a duly noticed meeting and did
not take action to hire DTC. Id., Ex. 48 (Jan. 30, 2023 meeting minutes) and id., Ex. 49 (Jan. 30,
2023 non-meeting minutes).
101. On January 31, 2023, Hawkins emailed Maher that he was told the Selectboard met
“last night” and approved DTC’s engagement agreement and the Selectboard was accused of
21
“violating RSA 37:6, III and VII(j) by meeting with the Board and entering into an engagement
agreement without the Town Manager’s participation.” Ex. 50, (Email between Hawkins and
Maher, Jan. 31, 2023).
102. Hawkins marked January 31, 2023 on his calendar “with a gold star.” Id.
103. On January 31, 2023, Robbins sent a text message to Hawkins stating: we need to
get the [DTC] retainer letter soon, to include personnel matters between the board and its
employees.” Id., Ex. 36 (RFA ## 26 & 27, referring to RFA Ex. 5 p.2) (emphasis added)
104. On January 31, 2023, Hawkins advised Robbins by text message and email stating
that he should “disregard” DTC’s engagement letter that was sent to Robbins personal residence
because it did not include “personnel matters,” and instead, use the version of DTC’s engagement
letter that was emailed to Robbins “personal email account.” Id. (RFA Ex.5 p.3) compare with Ex.
52, (Email from Hawkins to Robbins, Jan. 31, 2023).
105. DTC’s engagement letter includes a section entitled “conflict of interest” alleging
the Selectboard waived DTC’s conflict of interest. Am. Complaint Ex. 17 (DTC Engagement
letter, dated January 31, 2023).
106. However, the Selectboard did not take any action, and did not vote to waive DTC’s
conflict of interest. Boucher aff., at ¶ 21; Codling aff., at ¶ 33.
107. Based on DTC’s purported billing invoice for matters up to January 31, 2023, DTC
assessed Haverhill with $12,022.00 in legal fees. DEK aff., Ex. 8, p.5 (DTC000967)(DTC billing
invoices.
108. On February 8, 2023, Hawkins and Robbins text messaged about DTC’s
engagement letter, and Hawkins asks Robbins if he received it, as reproduced below:
22
DEK aff,, Ex. 36, (RFA ## 26 & 27, referring to RFA Ex. 5, p.3).
109. Thus, on February 9, 2023, Robbins mailed DTC’s engagement letter to DTC. Id.
110. All DTC’s billing invoices were sent to Selectman Robbins personal residence
“until he was not reelected to the Board, at which time they were sent to Haverhill Town Offices
per Mr. Robbins instructions.” Id., Ex. 53 (DTC Interr. Ans. # 14).
111. After January’s invoice, DTC’s invoiced in February for $940.00 and March for
$780.00. Id., Ex. 7, DTC000970, DTC000972). There are no more DTC billing entries after
Town Meeting 2023. Id.
DTC’s purported representation comes to end
112. On March 14, 2023, Hawkins texted Robbins asking if he had been re-elected,
and Robbins sent a picture of the vote tally to Hawkins, and his feelings about the prospects of
re-election. DEK aff., Ex. 36, (RFA ## 26 & 27, referring to RFA Ex. 5, p. 5).
113. On March 14, 2023, Robbins was voted out of office. Id.; Codling aff., ¶ 35.
114. Thereafter, both Selectmen Katie Williams and Michael Graham resigned from
the Selectboard. Id. at ¶ 37.
DTC demands payment of invoices
23
115. On June 2, 2023, Hawkins contacted Haverhill Town Counsel at the Mitchell
Municipal Group (MMG) demanding DTC’s legal fees be paid, and emailed DTCs “executed
engagement letter and conflict waiver letter” as justification for payment. DEK aff., Ex. 54, p. 3
(Email from Hawkins to Attorney Naomi Butterfield, June 2, 2023).
116. On June 14, 2023, MMG informed Hawkins that the new Selectboard were
unaware of what DTC’s legal fees were for and the “old” Selectboard members refused to make
a motion “for the Town [to] pay your fees.” Id., at pp. 1-2.
117. On July 5, 2023, DTC Attorney Hawkins demanded payment on or before July
31, 2023. DEK aff., Ex. 55, p. 2 (Letter from Hawkins to Town, July 5, 2023).
118. On August 24, 2023, Hawkins sent demand letter that said all invoices must be
paid and “[i]f payment is not received in full by September 25, 2023, [DTC] will file a complaint
with the Dispute Resolution Committee of the New Hampshire Bar Association pursuant to the
dispute resolution provisions of [DTCs] engagement letter.” Id., Ex. 56, p. 2 (Letter from
Hawkins to Attorney Butterfield).
Dated: March 18, 2024 Respectfully submitted,
Center Harbor, NH
TOWN OF HAVERHILL
By, their attorney,
By /s/ Derek E. Kline
Derek E. Kline, NH Bar #20649
P.O. Box 1577
Center Harbor, NH
Telephone: (603) 707-1721
Email:derekekline@gmail.com
Attorney for Town of Haverhill
24
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Statement of Material Facts was served on
this date by Superior Court E-Filing System to counsel for Counterclaim-Plaintiff, and a copy
was also served on Counterclaim-Plaintiff’s counsel via E-Mail in Microsoft Word.
Dated: March 18, 2024 By, /s/ Derek E. Kline
TOWN OF HAVERHILL
MOTION FOR SUMMARY JUDGMENT
EXHIBIT LIST
Exhibit 1: DTC’s Response to RFA #2.
Exhibit 2: Haverhill Selectboard Standard Operating Agreement approved July 21, 2021.
Exhibit 3: Hayes, Paul, Robbins Continues Family Tradition, Steps in as Woodsville Chief,
Caledonian Record, dated January 6, 2023.
Exhibit 4: New Hampshire SB 26 Bill Text (2021)
Exhibit 5: Selectboard meeting minutes dated February 7, 2022.
Exhibit 6: Email correspondence between Graham and Hawkins, May 11-13, 2022.
Exhibit 7: Email correspondence between Knapp and Hawkins, Sept. 29-Oct. 5, 2022.
Exhibit 8: DTC invoices January – March 2023.
Exhibit 9: Email correspondence between Hawkins and Maher, dated October 13, 2022.
Exhibit 10: Email correspondence between Hawkins and Knapp, dated November 23, 2022.
Exhibit 11: Letter from DRA to Haverhill dated December 22, 2022 refusing to set tax rate.
Exhibit 12: Drummond Woodsum memorandum on tax rate, Dec. 30, 2022.
Exhibit 13: Selectboard meeting minutes, dated January 3, 2023.
Exhibit 14: Email correspondence between Hawkins and Knapp, January 4-5, 2023,
Exhibit 15: Email correspondence between Kevin Shelton and Haverhill, January 4, 2023,
Exhibit 16: Selectboard meeting minutes, January 10, 2023
Exhibit 17: Email correspondence between Knapp & Hawkins, January 10, 2023.
Exhibit 18: Email correspondence between Boucher and Maher, dated January 11-14, 2023.
Exhibit 19: Email correspondence between Hawkins and Maher dated January 11, 2023.
Exhibit 20: Email correspondence between Hawkins and Maher dated January 11, 2023.
Exhibit 21: Email correspondence between Hawkins and Knapp dated January 11, 2023.
Exhibit 22: DTC Response to RFA 36, 37, 38 which reference RFA Ex. 6 attached thereto.
Exhibit 23: DTC Interr. Answer #6.
Exhibit 24: Selectboard meeting minutes, dated January 12, 2023.
Exhibit 25: Email correspondence from Christopher Hawkins dated March 21, 2023.
Exhibit 26: RFA ## 5 & 6 referencing RFA Ex. 1 attached thereto.
Exhibit 27: Email correspondence between Codling and Boldt dated January 12, 2023.
Exhibit 28: RFA 41 referencing RFA Ex. 7.
Exhibit 29: DTC Letter to DRA, Jan. 13, 2023.
Exhibit 30: Email correspondence between Codling and DW dated January 13, 2023.
Exhibit 31: Email correspondence between Hawkins and Woodsville’s lawyer dated January 13,
2023 forwarding DRA Revenue Counsel’s email, dated January 13, 2023.
Exhibit 32: Email correspondence from Hawkins to Selectboard dated January 25, 2023.
Exhibit 33: Email correspondence between Maher and Robbins dated January 14, 2023.
Exhibit 34: Email correspondence between Maher and Codling dated January 14, 2023.
Exhibit 35: Email correspondence between Hawkins and Maher, dated January 15, 2023.
Exhibit 36: RFA ## 26 & 27 with RFA Exhibit #5.
Exhibit 37: DTC Conflict Waiver Letter, signed by Steve Robbins and Steve Wheeler on January
15, 2023
Exhibit 38: Email correspondence from Kevin Shelton, Woodsville Administrator, demonstrating
when Woodsville approved DTC’s conflict waiver, dated January 15, 2023.
Exhibit 39: DTC Interrogatory Answer # 11.
Exhibit 40: Email correspondence between Hawkins and Maher dated January 16, 2023.
Exhibit 41: Email correspondence between Williams and Hawkins transmitting and including
Steve Robbins draft public statement for the January 17, 2023 Selectboard meeting.
Exhibit 42: Selectboard Agenda for January 17, 2023 Selectboard meeting.
Exhibit 43: Selectboard Meeting Minutes dated January 17, 2023.
Exhibit 44: Selectboard Meeting minutes dated September 25, 2023.
Exhibit 45: Email correspondence from Hawkins to Board dated January 18, 2023.
Exhibit 46: Email correspondence between Hawkins and Maher dated January 23, 2023.
Exhibit 47: Email correspondence between Hawkins and Maher dated January 24, 2023.
Exhibit 48: Selectboard meeting minutes dated January 30, 2023.
Exhibit 49: Selectboard non-meeting minutes dated January 30, 2023.
Exhibit 50: Email correspondence between Hawkins and Maher dated January 31, 2023.
Exhibit 51: Email correspondence from Hawkins to Selectboard dated January 31, 2023.
Exhibit 52: Email correspondence between Robbins and Hawkins dated January 31, 2023.
Exhibit 53: DTC Interrogatory Answer #14.
Exhibit 54: Email correspondence between Hawkins and Mitchell Municipal Group dated June
2-14, 2023.
Exhibit 55: Letter from Hawkins to Haverhill dated July 5, 2023.
Exhibit 56: Letter from Hawkins to Mitchell Municipal Group dated August 24, 2023.
TOWN OF HAVERHILL
MOTION FOR SUMMARY JUDGMENT
DEK FOUNDATIONAL AFFIDAVIT
EXHIBIT 1
TOWN OF HAVERHILL
EXHIBIT 1
5. As used herein, "DTC" means the law firm of Donahue, Tucker & Ciandella,
PLLC, and any employees or agents of the firm such as Christopher Boldt, Christopher Hawkins,
and Eric Maher.
6. As used herein, "Town" or "ToH'' means Town of Haverhill, New Hampshire.
7. As used herein, "Woodsville" means the Special District ofWoodsville and/or Woodsville
Fire District.
8. As used herein, the "DRA tax rate setting matter" means the issue that resulted from the
New Hampshire Department of Revenue Administration disallowing ToH Warrant Articles
27 & 28 (2022).
REQUEST FOR ADMISSION NO. 1. Admit that DTC, through DTC
Attorney Christopher Hawkins and other DTC attorneys, holds itself out as
experts in legal ethics of attorneys, legal malpractice, and the rules of
professional conduct.
RESPONSE:
Denied.
REQUEST FOR ADMISSION NO. 2. Admit DTC Attorney
Christopher Hawkins is a member of the New Hampshire Bar Association Ethics
Committee.
RESPONSE:
Admitted.
REQUEST FOR ADMISSION NO. 3. Admit that DTC, through DTC
Attorney Christopher Boldt and other DTC attorneys, holds itself out as experts
in municipal law.
3
On this 28th day of December, 2023, I, hereby, make oath that the foregoing Defendant
Donahue, Tucker & Ciandella, PLLC's responses to the Plaintiff Town of H verhill's Requests
for Admissions are complete, true, and are answo/ed,-t_o
the my ab·
I •
Dated: December 28, 2023
STATE OF NEW HAMPSHIRE
COUNTY OF ROCKINGHAM
Christopher D. Hawkins, Esquire
Personally appeared before me, on this 28th day of December, 2023, the above-named
Christopher D. Hawkins and made oath that the foregoing answers to the Plaintiffs' First Set of
Requests for Admissions are complete and true.
Not~ ·Public/Justice ofthePeace
My commission expires:
17
TOWN OF HAVERHILL
MOTION FOR SUMMARY JUDGMENT
DEK FOUNDATIONAL AFFIDAVIT
EXHIBIT 2
TOWN OF HAVERHILL
EXHIBIT 2
StandardOperatingProcedures
of the
HaverhillSelectBoard
OBLIGATIONS
of SELECT
BOARDMEMBERS:
Approved by vote of the
Town of Haverhill
Select Board
on July 19, 2021
A member of the Haverhill Select Board, in relation to his/her responsibility to the community,
shall:
1. Recognize that his/her primary role is to set policy, with the responsibility for
administration thereof delegated to the Town Manager per RSA37.
2. Endeavor to establish sound, clearly defined policies which will direct and support the
administration of the Town, for the benefit of all people of the Town.
3. Recognizethat he/she isa member of a team and shall abide by all Select Board decisions
once they are made.
4. Shall be well informed concerning the duties of a Select Board member on both the state
and local level.
5. Recognizethat all Select Board members are elected by the community and therefore
have an obligation to make decisions that they believe will best support the entire
community.
6. Accept the office of Select Board member as a means of unselfish public service, not to
benefit personally or professionally from his/her Select Board activities.
7. Befamiliar with and abide by the open meeting laws and the public records laws asthey
apply to municipal elected officials.
8. Recognize and refuse to, in any way, attempt to make decisions independently
regarding Town affairs.
9. Collaborate with the Town Manager as he/she discharges his/her duties and responsibilities.
10. Cooperatively provide an annual review of the Town Manager's performance.
11. Refrain from making promises of how he/she will vote on matters that are before the
Select Board until he/she has had an opportunity to hear all sides of the issueat a Select
Board meeting.
12. Make decisions only after all facts on a question have been presented or discussed.
13. Uphold the intent of non-public executive session and respect the privileged
communication that exists therein.
14. Treat with respect the rights of all members of the Select Board and Town Administration
despite differences of opinion.
15. Shall be appointed to serve as ex-officio members on Committees, Commissions, and
Boardsand shall be responsible for attending meetings in support of those appointments.
JULY19, 2021 1
16. Recognizethat coordination and cooperation is needed among the Town's Committees,
Commissions, and Boards to ensure town-wide goals and priorities are known and
pursued.
17. Recognize that the Select Board represents and is accountable to the residents of the
Town. The Select Board should make every effort to strengthen communications with
residents, encourage resident participation, and keep residents informed.
MEETINGSOFTHE BOARD:
1. Regular Select Board meetings are held on the first and third Monday of each month.
2. The Select Board shall not hold regular meetings on days which are designated legal
holidays, these regular meetings shall be held on the Tuesday after the holiday.
3. When a meeting is called outside the normal schedule, it shall be known as a "special
meeting".
4. The Select Board may, when necessary, also call an "emergency meeting" in accordance
with applicable provisions of RSA91-a.
5. The Select Board may conduct informal "working sessions" as needed to coordinate on
work products that otherwise would consume a regular meeting.
6. The Town Manager bears primary responsibility for coordinating and planning the agenda
for regular meetings of the Select Board. The Town Manager, in consultation with the
Chair and/or Vice Chair, shall finalize the agenda the week before the scheduled meeting.
7. The Town Manager shall prepare background materials for the meeting and make
available to Select Board members a minimum of 48 hours prior to the meeting start time.
8. Select Board members are responsible for reading all materials provided to them prior to
the meeting and if needed, requesting more information on agenda items, prior to the
meeting so they are prepared for discussion.
9. The Town Manager is responsible for the posting of all Select Board meetings in
accordance with RSA91-a.
10. The Town Manager or designee shall attend every meeting of the Select Board.
11. The Town Manager shall arrange for the transcription of all meetings of the Select Board.
12. Members of the Board may, when necessary, attend a Select Board meeting virtually, as
long as NH RSAscontinue to permit it.
MEETING PROCEDURES:
1. Select Board Chair shall call the meeting to order and take attendance by roll call.
2. A quorum of the Select Board must be in attendance for the meeting to proceed.
3. Select Board Chair shall lead those in attendance in the Pledge of Allegiance.
4. Actions and decisions shall be by motion, second, discussion, and vote.
JULY19,2021 2
5. All actions shall be by roll call vote to ensure the minutes reflect actions of board
members.
6. Select Board members shall not talk over one another and shall offer each other ample
time to express their opinions so that the discussion may be accurately captured for the
minutes.
7. Meeting agenda shall be approved:
a. Motion to approve, second, discussion (additions or deletions), vote.
b. If the agenda is modified, then it shall be approved "as modified".
c. All changes to the agenda must occur prior to a vote to approve the agenda.
8. When actions on critical or controversial matters are before the Select Board, the full
Select Board shall be in attendance or the action shall be tabled.
9. Public wanting to address the Select Board shall be limited to three (3) minutes per
person, unless explicitly offered more time by the Select Board Chair ahead of time.
10. Public wanting to present information or documentation, must submit the information
ahead of the meeting and be on the agenda. Otherwise, the issue shall be tabled to allow
adequate time for the Select Board and Town Administration to review information to be
discussed.
11. When the Select Board enters a non-public sessionthe room shall be void of cell phones.
For the Roles, Responsiblities, & LegalAuthorities of the Selectmen follow links below:
RSA41:8 http://www.gencourt.state.nh.us/rsa/html/iii/41/41-8.htm
RSA41:9 https://www.gencourt.state.nh.us/rsa/html/iii/41/41-9.htm
RSA41:9-a https://www.gencourt.state.nh.us/rsa/html/iii/41/41-9-a.htm
RSA41:10-a https://www.gencourt.state.nh.us/rsa/html/iii/41/41-10-a.htm
RSA41:11 https://www.gencourt.state.nh.us/rsa/html/iii/41/41-11.htm
RSA41:11-c https://www.gencourt.state.nh.us/rsa/html/iii/41/41-11-c.htm
RSA41:11-d h1ttps://www.gencourt.state.nh.us/rsa/html/iii/41/41-11-d.htm
RSA41:12https://www.gencourt.state.nh.us/rsa/html/iii/41/41-12.htm
RSA41:13https://www.gencourt.state.nh.us/rsa/html/iii/41/41-13.htm
RSA41:14https://www.gencourt.state.nh.us/rsa/html/iii/41/41-14.htm
RSA41:14-a https://www.gencourt.state.nh.us/rsa/html/iii/41/41-14-a.htm
RSA41:14-b https://www.gencourt.state.nh.us/rsa/html/iii/41/41-14-b.htm
For the Roles, Responsiblities, & LegalAuthorities of the Town Manager follow links below:
RSA37:3 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-3.htm
RSA37:4 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-4.htm
RSA37:5 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-5.htm
RSA37:6 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-6.htm
RSA37:7 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-7 .htm
JULY19,2021 3
Select Board
Roles, Responsibilities,& LegalAuthorities
1. RSA41:8 - Selectmen
a. The selectmen shall manage the prudential affairs of the town and perform the
duties by law prescribed. A majority of the selectmen shall be competent in all
cases.
The NH Supreme Court set precedent interpreting the scope of the prudential affairs
powers: The nature of the duties encompassed in management of"the prudential affairs
of the town" has been considered in a number of the earlier cases... "Theparticular
duties comprehended within the meaning of the phrase 'prudential affairs' are not
easily enumerated." [S}electmen have not been regarded as the general agents of the
town, "clothed with the general powers of the corporate bodyfor which they act." "They
can only exercise such powers and pe,form such duties as areproperly incident to the
special and limited authority conferred on them by their office." They are "empowered
to do only such acts as are required to meet the exigencies of ordinary town business. "
2. RSA41:9 - Financial Duties
a. The selectmen shall be responsible for establishing procedures to ensure that all
funds paid to the town from any department shall be remitted to the treasurer at
least on a weekly basis or daily whenever such funds total $500 or more.
b. The s,electmen shall transfer all sums of money received and provide an
accounting of such to the Town's Treasurer.
c. The selectmen shall publish in the Town Report the general fund balance sheet
as shown in the audited financial report.
d. The selectmen shall be responsible for establishing and maintaining appropriate
internal control procedures to ensure the safeguarding of all town assets and
properties.
3. RSA41:9-a - Establishment of Fees
a. The s,electmen may establish or amend fees or charges.
4. RSA41:10-a Municipal Prosecutors
a. The s,electmen of towns or the appropriate appointing authorities are hereby
authorized to appoint and compensate one or more qualified members of the
New Hampshire bar to serve as municipal prosecutors.
5. RSA41:11 Regulation of Use of Highways
a. Unless regulated by the commissioner of the department of transportation as
provided in RSA236:1, the selectmen may regulate the use of all public
highways, sidewalks, and commons in their respective towns.
6. RSA41:11-c Regulations;BusinessesObtaining Municipal Permits
a. The s,electmen may establish regulations relative to businesses obtaining
municipal permits. Any person wlho violates a regulation established under this
section shall be guilty of a violation.
7. RSA41:11-d Restricting the Watering of Lawns
a. The local governing body may establish regulations restricting the use of water
from private wells or public water systems for outdoor lawn watering when
administrative agencies of the state or federal government have designated the
region as being under a declared state or condition of drought.
8. RSA41:12 Removal of Collector, Clerk, or Treasurer
a. The selectmen may remove from office any collector of taxes, town clerk, or any
treasurer, who, in their judgment, has become insane or otherwise incapacitated
to discharge the duties of the office. They may proceed without notice in any
case arising under this section.
9. RSA41:13 Report
a. At the close of each fiscal year the selectmen shall make a report to the town,
giving a particular account of all their financial transactions during the year, and
of the financial condition of the town at the close of the year, including a
schedule of all its assets and liabilities.
10. RSA41:14 Publication of Reports
a. The selectmen shall causetheir report, and those of other town officers required
by law to make reports, to be published in pamphlet form at the expense of the
town and make the same available to the voters of said town at least 7 days
prior to the date of the annual meeting.
11. RSA41:14-a Acquisition or Sale of Land, Buildings, or Both:
a. Selectmen shall have the authority to acquire or sell land, buildings, or both.
However: The provisions of this section shall not apply to the sale of and the
selectmen shall have no authority to sell:
a. Town-owned conservation land which is managed and
controlled by the conservation commission under the
provisions of RSA36-A.
b. Any part of a town forest established under RSA31:110
and managed under RSA31:112.
c. Any real estate that has been given, devised, or
bequeathed to the town for charitable or community
purposes except as provided in RSA498:4-a or RSA547:3-d
12. 41:14-b Adoption and Amendment of Town Codes and Ordinances
a. Selectmen shall have the authority to establish and amend town ordinances and
codes [to include policies].
13. Other General Authorities of the Board of Selectmen:
a. Wam Town Meetings, make bylaws, borrow money, grant licenses, lay out
highways, and when needed assessdamages.
b. Appoint a Town Manager that may or may not be a resident of the Town.
c. Provide direction and supervision of the Town Manager.
d. Appoint Deputy Town Clerk, Tax Collector, Deputy Tax Collector, and members
to Committees, Commissions, and other Boards.
e. Fill temporary vacancies of elected positions until the next Town Meeting.
Town Manager
Roles, Responsibilities,& LegalAuthorities
1. RSA37:3 Qualifications. of Manager and Authority of Selectmen
a. The town manager shall be selected with special reference to his education, training,
and experience to perform the duties of his office, and without reference to his political
belief.
2. RSA37:4 Oath
a. Before entering upon the duties of his office, the town manager shall be sworn to the
faithful and impartial performance thereof, and a certificate to that effect shall be filed
with the town clerk.
3. RSA37:5 General Authority
a. The Town Manager shall be the administrative head of all departments of the town and
be responsible for the efficient administration thereof.
b. The Town Manager shall have general supervision of the property and businessaffairs of
the town and of the expenditure of moneys appropriated by it for town purposes.
When a Town adopts the town manager form of government: The legislative body is placing
some of the authority that would otherwise be held by the selectmen into the hands of a non-
elected official. While the town manager issubject to the general direction and supervision of the
selectmen, he or she assumesseveral important duties when appointed. For example, the town
manager becomes the administrative head of all town departments and has the authority to hire
and fire employees under his or her control and to set their salary. The town manager also has
the authority to approve the payment of bills incurred by the departments under his or her
supervision. Seebelow for a complete list of the powers and duties of a town manager.
4. RSA37:6 Powers and Duties in Partkular
a. The town manager shall have the power and it shall be his duty:
i. To organize, continue, or discontinue, from time to time, such departments.
ii. To appoint, upon merit and fitness alone, and to remove, all subordinate officers
and employees under his control, and to fix their compensation.
iii. To attend such regular or special meetings of the selectmen asthey shall require.
iv. To keep full and complete records of the doings of his office, and to render to the
selectmen an itemized monthly report in writing, showing in detail the receipts
and disbursements for the preceding month; and annually, or oftener at the
request of the selectmen, to make a synopsis of all reports for publication.
v. To keepthe selectmen fully advised asto the needs of the town, within the scope
of his or her duties.
vi. To furnish the selectmen, on or before the thirty-first day of January of each year
a careful, detailed estimate in writing of the probable expenditures of the town
government for the ensuing fiscal year, stating the amount required to meet the
interest on maturing bonds and notes or other outstanding indebtedness of the
town, and showing specifically the amount necessary to be provided for each
fund and department; and to submit at the same time an estimate in writing of
the amount of income frorm all sources of revenue, exclusive of taxes upon
property, and of the probable amount required to be levied and raised bytaxation
to defray all expenses and liabilities of the town.
vii. For the purpose of enabling the town manager to make up the annual estimate
of expenditures, all boards, officers, and committees of the town shall, upon his
written request, furnish all information in their possession and submit to him in
writing a detailed estimate of the appropriations required for the efficient and
proper conduct of their respective departments during the fiscal year.
viii. To examine or cause to be examined, with or without notice, the affairs of any
department under his control, or the conduct of any officer or employee thereof;
and for that purpose he shall have accessto all town books and papers, for the
information necessaryfor the proper performance of his d1uties.
ix. To 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:
1. The management of municipal water works, lighting, and power systems.
2. The construction, maintenance, and repairing of all town buildings and of
all town roads, highways, sidewalks, and bridges.
3. The purchase of all supplies for the town.
4. The police and fire departments of the town, if any.
5. The system of sewers and drainage, if any.
6. The lighting of streets, highways, and bridges.
7. The sprinkling of streets and highways, the laying of dust, and the
removal of snow.
8. The maintenance of parks, commons, and playgrounds.
9. The care of cemeteries when the town.
10. The letting, making, and performance of all contracts for work done for
the town.
11. The town manager shall supersede any board of commissioners or other
supervisory officer or officers previously established, elected, or
appointed.
12. To administer the poor relief of the town, either directly or through a
person or persons appointed.
13. To perform such other duties, consistent with his office.
s. RSA37:7 Approval of Vouchers
a. The town manager may approve vouchers for obligations incurred by any department of
which he hassupervision, and, except during his absence or disability, the selectmen shall
not draw orders for the payment of any such obligations without such approval. The
selectmen may themselves approve such vouchers, or authorize their approval by some
other person, in the event of the absence or disability of the town manager.
TOWN OF HAVERHILL
MOTION FOR SUMMARY JUDGMENT
DEK FOUNDATIONAL AFFIDAVIT
EXHIBIT 3
Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com
https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 1/5
https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-
chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html
FEATURED EDITOR'S PICK
Robbins Continues Family Tradition, Steps In As Woodsville
Chief
Paul Hayes phayes@littletonrecord.com Staff Writer
Jan 6, 2023
Steve Robbins speaks during a ceremony marking the 20th anniversary of the Sept. 11, 2001, terrorist attacks in Woodsville
2021. He took over as Woodsville Fire Chief on Jan. 1, 2023. (File Photo)
1 of 3
TOWN OF HAVERHILL
EXHIBIT 3
Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com
https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 2/5
WOODSVILLE — Four days after taking over the top spot, Woodsville Fire Chief Steve Robbins led
his first response.
Woodsville Fire was called out to a fully-involved house fire at 56 South Court St. at 9:40 p.m.
Thursday and four residents were successfully evacuated from the two-story building.
A man, woman and child safely exited a first-floor apartment while another man jumped from the
window of a second-story unit.
Because the fire spread so quickly, it was a defensive operation and Woodsville Fire — assisted by
departments from Haverhill, Wells River, Bath, Lisbon, Newbury, Groton and Piermont— prevented
the blaze from spreading to the surrounding properties.
Two vehicles and a camper were also damaged. Three people were treated for minor injuries and
one cat perished in the blaze. The building was demolished and the Red Cross was summoned to
assist the displaced residents. The cause of the fire remains under investigation.
“This was ‘Welcome to the job,’” Robbins said.
Although a newcomer as Fire Chief, he is a 40-year department member.
He succeeds his brother, Jeff, who served a decade as chief and follows in the footsteps of his
father, Bruce, who was Woodsville Fire Chief for nearly a quarter century.
“It’s going to be a challenge to fill their shoes and the shoes of [former WFD Chief] Brad Kennedy,”
Robbins said.
Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com
https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 3/5
The Robbins brothers joined WFD when they were 18 years old — Jeff in 1982 and Steve in 1983
— and mark the final generation of the family to serve with Woodsville Fire.
Robbins, 57, called it bittersweet.
“I’ll be the last of the Robbins name to lead the fire department,” he said.
For Robbins, it continues a career of public service.
He served 33 years with Woodsville Ambulance, stepping down as the ambulance director to take
over as Fire Chief on Jan. 1.
He is also an Iraq War veteran and incumbent Select Board member. He plans to run for re-election
this year.
Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com
https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 4/5
Paul Hayes
Woodsville Fire has opted to remain independent and not merge with the recently formed Haverhill
Fire Department. Last year WFD responded to 114 calls.
Moving forward, Robbins expects the department will continue operations as usual.
“We’re not looking for any big changes,” he said.
Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com
https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 5/5
y
TOWN OF HAVERHILL
MOTION FOR SUMMARY JUDGMENT
DEK FOUNDATIONAL AFFIDAVIT
EXHIBIT 4
6/29/2021 gencourt.state.nh.us/bill_status/billText.aspx?sy=2021&v=HP&id=533
gencourt.state.nh.us/bill_status/billText.aspx?sy=2021&v=HP&id=533 1/2
SB 26 - VERSION ADOPTED BY BOTH BODIES
03/11/2021 0765s
2021 SESSION
21-0527
06/10
SENATE BILL 26
AN ACT relative to roads within the Woodsville Fire District.
SPONSORS: Sen. Giuda, Dist 2; Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Rep. Binford, Graf. 15; Rep. Weyler,
Rock. 13
COMMITTEE: Executive Departments and Administration
-----------------------------------------------------------------
AMENDED ANALYSIS
This bill modifies the law on the operation and funding of the Woodsville fire district and directs that appropriations
to the Woodsville fire district shall be as directed by warrant articles duly voted at each annual Haverhill town
meeting.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/11/2021 0765s 21-0527
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to roads within the Woodsville Fire District.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Town of Haverhill; Woodsville Fire District. Amend 1887, 204:3, as amended by 1899, 196:2; 1990, 37:1; and 2009,
147:1 to read as follows:
SECT. 3. Said district at each annual meeting shall elect by ballot a moderator, a clerk, one auditor, a treasurer, and
three commissioners. All of said officers shall be elected by a majority vote of all the voters present and voting at the
annual meeting. Said officers shall exercise in relation to district meetings the like powers to those of moderator,
clerk, and selectmen of towns. The commissioners shall have within the district all the powers of the mayor and
aldermen of any city respecting highways, sidewalks, and sewers. They shall control and direct the expenditure of all
moneys raised under authority of the district and by the town of Haverhill for expenditure in the district. They shall
have sole authority to appoint a highway surveyor in said district, and in default of such appointment shall
themselves perform the duties of that office. The surveyor or commissioners performing the duties of highway
surveyor in the district shall give bond to the town to account for all money coming into their hands, and for the
proper care and custody of the property of the town or district which may come into their custody or control, and
shall be deemed officers of the town. Nothing in this act shall be construed to impose any distinct or special liability
upon the district respecting highways within its limits. Nothing in this section shall preclude the Woodsville
fire district from maintaining the roads within the precinct at its own expense. Vacancies that may occur in
the office of commissioner in the district shall be filled by appointment of the remaining commissioners or
commissioner, but any commissioner appointed to fill a vacancy shall hold office only until the next annual district
TOWN OF HAVERHILL
EXHIBIT 4
6/29/2021 gencourt.state.nh.us/bill_status/billText.aspx?sy=2021&v=HP&id=533
gencourt.state.nh.us/bill_status/billText.aspx?sy=2021&v=HP&id=533 2/2
meeting. Commissioners shall be residents of the district. [The money appropriated for the distribution of highway
funds in the district which is attributable to the town of Haverhill shall be determined by a fraction, the numerator
of which shall be the assessed valuation of the properties in the district, and the denominator of which shall be the
assessed valuation of the properties in the entire town of Haverhill as determined annually from the town MS-1
form. The town of Haverhill shall appropriate the percentage represented by such fraction for distribution to the
highway fund in care of the Woodsville fire district commissioners.] Highway block grant funds shall be
distributed in accordance with the department of transportation formula. Any appropriations to the
Woodsville fire district shall be as directed by warrant articles duly voted by the voters present and voting
at each annual Haverhill town meeting.
2 Financial Audit Requirement. No later than one year after the effective date of section 1 of this act, the Woodsville
fire district shall provide financial audits by a certified public accountant approved by the department of revenue
administration that is compliant with generally accepted accounting practices (GAAP), of all funds received from the
town of Haverhill and all other sources including state and federal funds, and of all funds expended by the fire
district, for each calendar year commencing January 1, 2015 to the effective date of section 1 of this act, as directed
by the department of revenue administration. The department of revenue administration shall approve the scope of
the audit and shall receive monthly updates from the certified public accountant and the Woodsville fire district on
the status of the audit while it is in progress. The results of the audit shall be published on the town of Haverhill
website within 60 days of delivery by the certified public accountant to the Woodsville fire district and the
department of revenue administration. The audit shall be at the expense of the Woodsville fire district.
Reimbursement of any expenses related to the audit incurred by the department of revenue administration shall be
in accordance with the provisions of RSA 21-J:22. The department of revenue administration may levy a fine of $250
per day against the Woodsville fire district for every day of noncompliance with this act beyond one year from the
effective date of this act. The commissioner may waive such fine at his or her discretion, subject to the good faith
efforts of the Woodsville fire district to comply with all relevant laws and the provisions of this act.
3 Effective Date. This act shall take effect upon its passage.
TOWN OF HAVERHILL
MOTION FOR SUMMARY JUDGMENT
DEK FOUNDATIONAL AFFIDAVIT
EXHIBIT 5
Town of Haverhill
Select Board Meeting
MINUTES
Monday, February 7, 2022, at 6:00 PM
R. E. Clifford Memorial Building
65 South Court St.
Woodsville, NH 03785
Or on ZOOM
1
Call to Order: The meeting was called to order at 6:00 PM by Fred Garofalo, Chair.
Select Board Attendance: Matthew Bjelobrk (Here), Steve Robbins (Here), Howard Hatch
(Here), Fred Garofalo (Here), Mike Graham (Here; online). A quorum was met.
Town Employees Present:
Town Manager (TM): Brigitte Codling
Assistant Town Manager (ATM): Jennifer Boucher
Financial Officer: Karen Noyes
Members of the Public Present:
In Person
Joe Longacre
Darwin Clogston
Robert St. Pierre
Regis Roy
Colton Grant
Richard Guy
Karen Noyes
Chris Cadreact
Chief David Appleby
Online
Mike Lavoie
Tom Mangels
Joanne Young
Carol Norcross
Meg Trogolo
Gary Scruton
Ron DeRosia
Kathleen Vasconcelos
Dawn Lavoie
Matthew Bjelobrk
David Joslin
PLEDGE OF ALLEGIANCE
PUBLIC HEARING
MOTION #1: Garofalo made the motion and Bjelobrk seconded the motion to go into a Public
Hearing at 6:05 PM.
Roll Call Vote: Matthew Bjelobrk (Aye), Steve Robbins (Aye), Howard Hatch (Aye), Fred
Garofalo (Aye). The motion passed unanimously.
Garofalo announced that the Board will review the Proposed Budget section by section, and
questions will be taken on each item from the Select Board or the public.
TOWN OF HAVERHILL
EXHIBIT 5
2
2022 PROPOSED OPERATING BUDGET
Executive
Attendee: An attendee asked what Professional Services indicated. TM Codling responded that
it refers to the design and engineering of large projects.
Town Administration
Attendee: An attendee asked how many employees the Town has.
Town Meeting
No questions or comments.
Trustees & Trust Funds
No questions or comments.
Town Clerk
No questions or comments.
Elections
No questions or comments.
Accounting & Auditing
No questions or comments.
Property Records
No questions or comments.
Tax Collection & Property
No questions or comments.
Treasurer
No questions or comments.
Information Technology
Attendee: An attendee asked if the combined phone cost is less expensive than separate services.
TM Codling noted that this includes all phones in all Town facilities.
Revaluation of Property
No questions or comments.
Legal Expense
No questions or comments.
3
Benefits Not Otherwise Allocated
Regis Roy: Roy asked about employees paying part of their insurance. TM Codling replied that
they are looking into that option.
Attendee: An attendee asked how many employees there are. TM Codling replied that there are
28.
Planning Board
No questions or comments.
Zoning Board
No questions or comments.
Maintenance Department
Regis Roy: Roy asked about the Seasonal Employee pay. TM Codling noted that the Town is
looking for a maintenance assistant rather than a seasonal employee.
Robert E. Clifford Memorial Building
Attendee: An attendee asked about the Repairs and Maintenance line item for $50,000. Robbins
responded that it was for parking lot paving.
James R. Morrill Building
No questions or comments.
Haverhill/Bath Covered Bridge
No questions or comments.
Center Haverhill Armory
Attendee: An attendee asked about the Repairs and Maintenance costs. TM Codling noted that
renovations have begun on the office space.
A.P. Pool
No questions or comments.
Hazen Park
No questions or comments.
Railroad Park
Roy: Roy asked about the $2000 for the caboose repairs.
Highway Garage
No questions or comments.
Trails
4
Attendee: An attendee asked about which trails, and TM Codling responded that it refers to the
Blackmount Trail for resurfacing and installing benches along the trail.
Joe Longacre: Longacre asked about the electricity component. TM Codling replied that they
are considering putting in solar lighting along the remote sections of the trail.
Attendee: An attendee asked why money is going into the trial now. TM Codling has been
receiving requests for the trail to be leveled.
Cemeteries
No questions or comments.
Insurance Not Otherwise Allocated
No questions or comments.
Regional Associations
The Board discussed North Country Council.
Business Park
No questions or comments.
Police Department
Attendee: An attendee asked for the number of officers in the department. Chief Appleby
responded that the department has two detectives and three officers.
Ambulance
No questions or comments.
Fire Services
No questions or comments.
Town Fire Department
No questions or comments.
Fire Stations
No questions or comments.
Emergency Management
Roy: Roy asked what needed cleaning up. TM Codling responded that was funds for a
demolition.
Airport
Attendee: An attendee asked about airport revenues. ATM Boucher discussed the known grants
that are listed on the revenue page. TM Codling discussed additional airport grants available in
2022.
5
Highway Department
Attendee: An attendee asked about funds for Woodsville. TM Codling responded that it would
be an emergency expenditure from the Town fund balance.
Sanitation
No questions or comments.
Sewer Pump Station & Sewer Line
Robbins: Robbins asked about user fees covering costs. ATM Boucher stated that there is a line
item in revenues for Sewer Revenues.
Health Officer
Attendee: An attended asked about the costs related to professional services. TM Codling
replied that those services were for the hazmat removal and mitigation of the debris and soil at a
demolition site. Discussion continued.
Animal Control
No questions or comments.
General Assistance
ATM Boucher: ATM Boucher noted that the salary of the welfare Administrator was offset in
2021 by ARPA funding. Discussion continued.
Parks & Recreation Department
REC Administration
Roy: Roy asked about Rec staff wages.
A.P. Pool Staff
Garofalo stated that this does not exist for the Rec Department.
REC HARP Staff
Roy: Roy asked about the programs with paid staff.
REC A.P. Pool Operations
Garofalo stated that this does not exist for the Rec Department.
REC HARP Operations
No questions or comments.
REC Railroad Park Operations
No questions or comments.
REC All Other
6
No questions or comments.
Libraries
No questions or comments.
Patriotic Purposes
No questions or comments.
Conservation Commission
Bjelobrk: Bjelobrk asked for a breakdown of the costs.
Economic Development
Attendee: An attendee asked about the long-range economic development in Haverhill. TM
Codling noted that the sewer system is the primary focus before any increase economic
development goals. ATM Boucher mentioned that Master Plan, which is in process with the
Planning Board. TM Codling discussed the economic impact zones in downtown Woodsville
with tax reductions for businesses that create jobs.
Debt Service
Darwin Clogston: Clogston asked about the interest on the TAN note. Financial Officer Karen
Noyes replied that it was approximately $3,500. Discussion continued.
Capital Outlay
Garofalo stated that the $125,000 was for a Highway Department vehicle.
Discussion:
• A question from an online attendee was asked about the $91,000 in insurance under
Unallocated Insurance. ATM Boucher discussed the loss of property liability per
department budget and the insertion of those costs into one account. Discussion
continued.
• An attendee asked if the Highway and Police Departments are fully funded. TM Codling
replied that the Highway Department is staffed with five employees, and the Police
Department budget does not include a patrol office salary.
2022 WARRANT ARTICLES
Garofalo read the warrant articles in entirety and can be found at
Article 01 Election of Officials
To choose by non-partisan ballot Two (2) Selectmen for a term of three (3) years each; One (1)
Trustee of Trust Funds for a term of Three (3) years; One Supervisor of the Checklist of a term
of Six (6) years; a Town Moderator for a term of Two (2) years; and a Treasurer for a term of
Three (3) years.
Article 02 Acceptance of Annual Reports
7
To hear the reports of the Selectmen, Town Manager, Treasurer, Cemetery Commissioners,
Airport Commissioners, Recreation Commissioners, Conservation Commissioners, and any other
Town officers and committees heretofore chosen and pass any vote relating hereto.
Article 03 Appointment of Advisory Budget Committee
To see if the Town will vote to authorize the Town Moderator to appoint an Advisory Budget
Committee to review the Town Manager’s preliminary budget and present to the Select Board
their recommendations as to any modifications thereto.
Discussion:
Clogston: Clogston asked if there was a Budget Committee this year, and Garofalo responded
that there was not. TM Codling noted that the entire warrant was voted down last year, which
prevented a Budget Committee from operating.
Article 04 Operating Budget
To see if the Town will vote to raise and appropriate the sum of Four Million Two Hundred
Fifty-Four Thousand Four Hundred Eighty-Six Dollars ($4,254,486) for general municipal
operations. This article does not include special or individual articles addressed separately. The
Select Board recommends this article (5-0). (Majority vote required). The tax impact of this
article will be $5.0636 per $1,000.
Article 05 Buildings CRF
To see if the Town will vote to raise and appropriate the sum of Twenty Thousand Dollars
($20,000) to be added to the Buildings Capital Reserve Fund previously established. The Select
Board recommends this article (5-0). (Majority vote required). The tax impact of this article will
be $0.0484 per $1,000.
Article 06 Fire Vehicle CRF
To see if the Town will vote to raise and appropriate the sum of Twenty Thousand Dollars
($20,000) to be added to the Fire Vehicle Capital Reserve Fund previously established. The
Select Board recommends this article (5-0). (Majority vote required). The tax impact of this
article will be $0.0484 per $1,000.
Discussion:
Online attendee: An online attendee asked if this is the same article that requested a public
safety building. TM Codling replied that the Town never created a warrant for a public safety
building. Discussion continued.
Article 07 Cellular/Broadband CRF
To see if the Town of Haverhill will vote to raise and appropriate the sum of Fifteen Thousand
Dollars ($15,000) to be added to the Cellular/Broadband Capital Reserve Fund previously
established. The Select Board recommends this article (5-0). (Majority vote required). The tax
impact of this article will be $0.0363 per $1,000.
Discussion:
8
Attendee: An attendee asked if this was a new Capital Reserve Fund. TM Codling noted that in
2020 the Town voted to create this fund, and a portion was used to create the WiFi services in
Woodsville. Discussion continued.
Article 08 Create Parks & Recreation Facility Development CRF
To see if the Town will vote to establish a Parks & recreation Facility Development Capital
Reserve Fund under the provisions of RSA 35:1 for expansion and development of recreation
facilities within the Town and to raise and appropriate the sum of Five Thousand Dollars
($5,000) to be placed in this fund. Further, the name the Board of Selectmen as agents to expend
from said fund. The Select Board recommends this article (5-0). (Majority vote required). The
tax impact of this article will be $0.0121 per $1,000.
Article 09 Create a Police Vehicle CRF & Name Agents
To see if the Town will vote to establish a Police Vehicle Capital Reserve Fund under the
provisions of RSA 35:1 for the future purchase of police vehicles and to raise and appropriate the
sum of Twenty Thousand Dollars ($20,000) to be placed in this fund. Further, the name the
Board of Selectmen as agents to expend from said fund. The Select Board recommends this
article (5-0). (Majority vote required). The tax impact of this article will be $0.0484 per $1,000.
Article 10 Lease/Purchase Highway Dump Truck
To see if the town will vote to authorize the selectmen to enter into a three (3) year
lease/purchase agreement in the amount of One Hundred Ninety Nine Thousand Eight Hundred
Ninety Three Dollars ($199,893) for the purpose of leasing a new highway dump truck, and to
raise and appropriate the sum of Sixty-Six Thousand Six Hundred and Thirty-One Dollars
($66,631) for the first year's payment for that purpose and to further approve the annual lease
payment of Sixty-Six Thousand Six Hundred and Thirty-One Dollars ($66,631) to be included in
the 2023 and 2024 operating budget. This lease agreement contains an escape clause. The Select
Board recommend this article (5-0) (Majority vote required) The tax impact for this article will
be $0.1612 per $1,000.
Discussion:
Attendee: An attendee asked about the escape clause for lease agreements.
Article 11 Purchase Haverhill Police Vehicle
To see if the town will vote to raise and appropriate the sum of Thirty-Four Thousand Four
Hundred Dollars ($34,400) for the purpose of purchasing a new police vehicle. Funding to come
entirely from unassigned fund balance. No funds to be raised through taxation. The Select Board
recommends this article (5-0) (Majority vote required) The tax impact for this article will be
$0.0000 per $1,000.
Article 12 Purchase Haverhill Police Vehicle
To see if the town will vote to raise and appropriate the sum of Thirty-Four Thousand Four
Hundred Dollars ($34,400) for the purpose of purchasing a new police vehicle. Eighteen
Thousand Eight Hundred Dollars ($18,800) to from unassigned fund balance and Fifteen
Thousand Six Hundred ($15,600) to come from a NH State Locality Equipment Purchase
9
Program Grant. No funds to be raised through taxation. The Select Board recommends this
article (5-0) (Majority vote required) The tax impact for this article will be $0.0000 per $1,000.
Article 13 Purchase Haverhill Police Vehicle
To see if the town will vote to raise and appropriate the sum of Thirty-Four Thousand Four
Hundred Dollars ($34,400) for the purpose of purchasing a new police vehicle. Funding to come
entirely from a NH State Locality Equipment Purchase Program Grant. No funds to be raised
through taxation. The Select Board recommends this article (5-0) (Majority vote required) The
tax impact for this article will be $0.0000 per $1,000.
Discussion:
Attendee: An attendee asked about the methods for purchasing a cruiser for the Police
Department. ATM Boucher stated that three cruisers are proposed to be purchased with different
methods – from a grant, with ARPA funds, and using the fund balance. Discussion continued.
Attendee: An attendee asked about the purchase program for police vehicles. TM Codling noted
that these three purchases will begin a police vehicle rotation program. Discussion continued.
Attendee: An attendee asked about the tax impacts of the use of the fund balance.
Article 14 Purchase Maintenance Vehicle
To see if the town will vote to raise and appropriate the sum of Fifty Thousand Dollars ($50,000)
for the purpose of purchasing a new vehicle for the Maintenance Department. Funding to come
entirely from unassigned fund balance. No funds to be raised through taxation. The Select Board
recommends this article (5-0) (Majority vote required) The tax impact for this article will be
$0.0000 per $1,000.
Discussion: TM Codling and ATM Boucher discussed use and replenishment of the fund
balance.
Article 15 Discontinue a Portion of Airport Road
To see if the Town will vote to discontinue the portion of Airport Road that was closed to
mitigate aviation obstruction issues cited by the FAA and Bureau of Aviation, instead of moving
forward with a construction project to move this section of Airport Road. Moving the road would
require the Town to purchase private property adjacent to the existing roadway. The Select
Board recommends this article (5-0) (Majority Vote Required)
Discussion:
Roy: Roy asked if there was any feedback of the road closing. TM Codling noted that a few
residents on Airport Road notified the Airport Manager that they are enjoying having no traffic
on the road.
2022 PETITIONED WARRANT ARTICLES
Article 16 Petitioned - Lease/Purchase Highway Backhoe
To see if the town will vote to authorize the Select Board through its Town Manager to enter into
a three (3) year lease/purchase agreement in the amount of One Hundred Forty Five Thousand
10
Five Hundred Eighty-Severn Dollars ($145,587) for the purpose of purchasing a new Caterpillar
420XE wheeled loader backhoe; and to raise and appropriate the sum of Forty Eight Thousand
Five Hundred and Twenty Nine Dollars ($48,529) for the first year's payment on the three (3)
year lease/purchase agreement. The lease purchase agreement will contain an escape clause; and
to further approve the annual payment of the lease/purchase to be included in the 2023 and 2024
operating budget in the amount of Forty-Eight Thousand Five Hundred and Twenty-Nine Dollars
($48,529). The Select Board recommends/does not recommend this article (#-#). (Majority vote
required) The tax impact for this article will be $0.1174 per $1,000.
Discussion:
Online attendee: An online attendee commented that the backhoe article was declined by the
Select Board, and a petition was submitted to include this article on the warrant. Clarification
was made that the motion by the Select Board failed with a 2-2 vote.
Article 17 Petitioned - Court Street Arts
To see if the town will vote to raise the sum of Seven Thousand Five Hundred Dollars ($7,500)
to support the Court Street Arts at Alumni Hall cultural programming of Haverhill Heritage, Inc.
& the Wentworth Brown House. The Select Board recommends/does not recommend this article
(#-#) (Majority Vote Required) The tax impact for this article will be $0.0181 per $1,000.
Article 18 Petitioned - Ammonoosuc Community Health Services
To see if the Town will vote to raise and appropriate the sum of Six Thousand Five Hundred
Dollar ($6,500) for Ammonoosuc Community Health Services, Inc. (ACHS). The Select Board
recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for
this article will be $0.0157 per $1,000.
Article 19 Petitioned - Horse Meadow Sr Center & ServiceLink
To see if the Town will vote to raise and appropriate the sum of twenty-four thousand dollars
($24,000.00) to Grafton County Senior Citizens Council, Inc. through the Horse Meadow Senior
Center and the ServiceLink Resource Center for services for Haverhill residents. The Select
Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax
impact for this article will be $0.0581 per $1,000.
Article 20 Petitioned - Good Shepherd Ecumenical Food Pantry
Shall the town vote to raise and appropriate the sum of Four Thousand Five Hundred and Eighty-
Five Dollars ($4,585) for the Good Shepherd Ecumenical Food Pantry, which represents one
dollar per capita based on the 2020 census. The Select Board recommends/does not recommend
this article (#-#) (Majority Vote Required) The tax impact for this article will be $0.0111 per
$1,000.
Article 21 Petitioned - Court Appointed Child Advocates (CASA)
To See if the Town will vote to raise and appropriate the sum of Five Hundred Dollars ($500) to
Court Appointed Child Advocates (CASA) for service to Haverhill families. The Select Board
recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for
this article will be $0.0012 per $1,000.
11
Discussion:
Clogston: Clogston asked about the services for Haverhill families. TM Codling noted that
CASA serves Haverhill, but will have to research how many families.
Attendee: An attendee asked why so small amount requested. TM Codling replied that what
they request is up to the organization.
Article 22 Petitioned - WISE
To see if the Town will vote to raise and appropriate the sum of Five Hundred Dollars ($500.00)
to support the mission of WISE providing 24-hour crisis support services and advocacy to
victims of domestic and sexual violence and stalking. The Select Board recommends/does not
recommend this article (#-#) (Majority vote required) The tax impact for this article will be
$0.0012 per $1,000.
Discussion:
TM Codling: TM Codling reported that 2021 fiscal year, WISE, 24-hour crisis line, supported
seven Haverhill residents and possibly more.
Article 23 Petitioned - Visiting Nurse and Hospice of VT & NH
Shall the Town vote to raise and appropriate the sum of Six Thousand Dollars ($6,000) to help
support the home health, maternal and child health, and hospice care provided in patients' homes
and in community settings by Visiting Nurse and Hospice for VT and NH. The Select Board
recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for
this article will be $0.0145 per $1,000.
Article 24 Petitioned - Tri-County Community Action Program
Shall the town vote to raise and appropriate the sum of Nine Thousand One Hundred and
Twenty-Five Dollars ($9,125.00) to help support the operation of Tri-County Community Action
Program, Inc. service programs in Haverhill: Transportation, Energy Assistance, Weatherization,
Guardianship, Head Start, Homeless Intervention and Prevention, Disaster Relief, Tamworth
Dental Center. The Select Board recommends/does not recommend this article (#-#) (Majority
Vote Required) The tax impact of this article will be $0.0221 per $1,000.
Article 25 Petitioned - Second Chance Animal Rescue
To see if the town will vote to authorize the selectmen to raise and appropriate the sum of Two
Thousand Five Hundred Dollars ($2,500.00) for Second Chance Animal Rescue of Littleton,
NH, a 501c3 not-for-profit animal rescue that has been removing feral cat colonies within the
Town of Haverhill for over a decade, to help defray the costs associated with this essential work
that contributes to the health and wellbeing of our town. The Select Board recommends/does not
recommend this article (#-#) (Majority Vote Required) The tax impact of this article will be
$0.0060 per $1,000.
Article 26 Petitioned - No. Country Home Health & Hospice
To see if the Town will vote to raise and appropriate the sum of Fifteen Thousand Dollars
($15,000) for the purpose of supporting North Country Home Health. The Select Board
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC

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Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims of DTC

  • 1. 1 THE STATE OF NEW HAMPSHIRE GRAFTON, SS. SUPERIOR COURT TOWN OF HAVERHILL v. DONAHUE, TUCKER & CIANDELLA, PLLC Docket No. 215-2023-CV-00241 COUNTERCLAIM-DEFENDANT TOWN OF HAVERHILL’S STATEMENT OF MATERIAL FACTS in support of MOTION FOR SUMMARY JUDGMENT Re: Unjust Enrichment NOW COMES, Counterclaim-Defendant, Town of Haverhill (“Town” or “Haverhill”), through its attorney of record, and pursuant to Rule 12(g)(2), hereby submits this Statement of Material Facts in Support of Motion for Summary Judgment (“SUF”), as follows: Counterclaim-Plaintiff Donahue, Tucker & Ciandella, PLLC 1. The law firm of Donahue Tucker & Ciandella, PLLC, (“DTC”) is a domestic professional limited liability company organized and incorporated under the laws of the State of New Hampshire. DTC Answer, ¶ 2. Attorneys Christopher Hawkins, Christopher Boldt and Eric Maher are members of DTC and otherwise agents of DTC. Id. 2. Hawkins is a member of the New Hampshire Bar Association (NHBA) Ethics Committee. Foundational Affidavit of Derek E. Kline (“DEK aff.”) Ex.1, (DTC’s response to RFA #2). Hawkins represented the Woodsville Fire District (“Woodsville”) in its 2020 lawsuit against Haverhill regarding Woodsville’s access to Haverhill taxpayer money for its highway department. DTC Answer ¶¶ 11, 88; Affidavit of Brigitte Codling (“Codling aff.”), ¶ 10. Filed File Date: 3/18/2024 9:05 PM Grafton Superior Court E-Filed Document
  • 2. 2 3. DTC routinely represents municipal entities around New Hampshire (Affidavit of Jennifer Boucher (“Boucher aff.”), ¶ 13) and DTC Attorney Maher was referred to as the “municipal law expert” when dealing with Haverhill. Am. Complaint, Ex. 6 (Email correspondence between Hawkins and Maher: “you will do a lot of work as the municipal law expert.”) Counterclaim-Defendant Town of Haverhill and its administration 4. Haverhill is governed by a Selectboard and appoints a Town Manager who exercises such duties and responsibility as set forth under RSA 37.1 DEK aff., Ex. 2 (Haverhill Selectboard Standard Operating Procedures (“SOP”)). 5. The Haverhill Town Manager reviews and executes contracts on behalf of Haverhill, including attorney representation agreements, and evaluates and waives conflict of interest waiver letters arising from an attorney’s representation of Haverhill, in consultation with the Selectboard. Codling aff., at ¶ 5; Boucher aff., at ¶ 15. 6. The Selectboard administers the prudential affairs of Haverhill pursuant to its Standard Operating Procedures. DEK aff., Ex. 2 (“SOP”); see also RSA 41:8. 7. For the time relevant to DTC’s billing at issue in this case, the Selectboard is Chairman Fred Garofalo, Vice Chairman Steve Robbins, Kevin Knapp, Katie Williams, and Michael Graham. Codling aff., at ¶ 6. 8. For the time relevant to DTC’s billing at issue in this case, the Town Manager is Brigitte Codling and the Assistant Town Manager is Jennifer Boucher, collectively “Town Administration.” Codling aff., at ¶ 8. 1 Haverhill recently voted to change from a Town Manager form of government to a Town administration form of government which takes effect on April 9, 2024. For purposes of this case, Haverhill has a Town Manager form of government under RSA 37.
  • 3. 3 9. Selectman Steve Robbins lives in Woodsville, has a business in Woodsville, serves as Woodsville’s Fire Chief, and financially benefits from Woodsville. DEK aff., Ex. 3 (Hayes, Paul, Robbins Continues Family Tradition, Steps in as Woodsville Chief, Caledonian Record, published, January 6, 2023); Codling aff., at ¶ 7. Selectboard votes to give Town Manager Codling full authority over all legal matters related to Woodsville. 10. On March 6, 2020, a quorum of the Selectboard convened and voted “to give the Town Manager full authority over all legal matters related to the Woodsville Precinct, its commissions, and enterprises.” Am. Complaint, Ex. 1 (Meeting Minutes, March 6, 2020). It became Ms. Codling’s duty and obligation under RSA 37:6 to control, supervise, and lead Haverhill regarding all legal matters related to Woodsville. Codling aff., at ¶ 9. 11. Ms. Codling discovered discrepancies with Haverhill’s funding of Woodville’s highway department, which led Haverhill to reduce Woodsville’s funding from historical levels, prompting a lawsuit by Woodsville against Haverhill. Id. at ¶ 10; Boucher aff., at ¶¶ 5-6. Woodsville’s lawsuit against Haverhill 12. On April 22, 2020, Woodsville filed a lawsuit against Haverhill in this Court to compel Haverhill to fund Woodsville’s Highway Department at historical levels. DTC Answer, ¶ 9; Codling aff. at ¶ 10. Woodsville was represented by Attorney Christopher Hawkins and Attorney Lynette Macomber, then, both of Devine Millimet. DTC Answer, ¶¶ 9, 88. 13. Haverhill retained the law firm of Drummond Woodsum (“DW” or “DW firm”) to represent Haverhill against Woodsville in this litigation. DTC Answer, ¶ 11. 14. After over two years of protracted litigation, Haverhill and Woodsville settled their dispute in May 2022, on the condition Haverhill would pay Woodsville $490,000 by January 10, 2023. DTC Answer, ¶ 11; Boucher aff. at ¶¶ 6-7; Codling aff., ¶ 14.
  • 4. 4 Special legislation for Haverhill and Woodsville resulting in Warrant Articles 27 & 28 15. During the litigation between Woodsville and Haverhill, special legislation – SB 26 – was introduced in the New Hampshire legislature in attempt to resolve the funding issue between Woodsville and Haverhill that led to the protracted litigation. Codling aff. at ¶ 11; DEK aff., Ex. 4 (SB 26 (2021) text). 16. Because the special legislation appeared to provide a mechanism for Woodsville to obtain funding by Warrant Article, at Haverhill’s Town Meeting 2022, the 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). DTC Am. Complaint ¶ 15; DTC Answer ¶ 15. 17. On February 2, 2022, Ms. Codling met with Haverhill’s attorneys at the DW firm to discuss the legality of Warrant Articles 27 & 28, because they related to the litigation between Haverhill and Woodsville and the special legislation (SB 26), as Warrant Article 27 required Haverhill to fully fund Woodsville’s highway department. Codling aff. ¶¶ 12-13. 18. On February 7, 2022, the Selectboard voted against recommending Warrant Articles 27 & 28 at Town Meeting 2022. DEK aff., Ex. 5, p. 12 (Feb. 7, 2022, Selectboard Meeting Minutes, warrant articles 27 & 28 and vote on recommendation). Selectman Michael Graham was recused himself from voting on Warrant Articles 27 & 28. Id. at p. 17. 19. At Town Meeting, Warrant Articles 27 & 28 passed. DTC Answer ¶18. Selectman Knapp attempts to rescind Town Manager’s authority over all legal matters related to Woodsville. 20. On April 25, 2022, Selectman Kevin Knapp made a motion to rescind the vote that gave Ms. Codling full authority of legal matters related to Woodsville. Knapp’s motion failed. Am. Complaint, ¶ 20, Ex. 2, p.4 (April 25, 2022, Selectboard Meeting Minutes, Motion #3).
  • 5. 5 DRA performs independent review of Warrant Articles 27 & 28. 21. On May 4, 2022, the DRA undertook its own independent review of the legality of Haverhill funding Woodsville’s operations, and disallowed Warrant Articles 27 & 28 (2022), finding that Warrant Articles 27 & 28 were unlawful under state law. Am. Complaint, Ex. 3 (Letter from DRA to Haverhill dated May 4, 2022). Woodsville appealed DRA’s disallowance of Warrant Articles 27 & 28 to the New Hampshire Supreme Court. DTC Answer, ¶¶ 24, 27. Selectman Michael Graham contacts DTC Attorney Hawkins about representing Haverhill. 22. In early May 2022, Haverhill Selectman Michael Graham contacted DTC Attorney Christopher Hawkins about representing Haverhill. DEK Aff., Ex. 6, p.3 (email correspondence between DTC and Graham, May 11-13, 2022). 23. Hawkins informed Graham DTC was interested in representing Haverhill. Id. Selectman Knapp contacts DTC Attorney Hawkins about representing Haverhill. 24. On or about September 28, 2022, Selectman Knapp contacted DTC Attorney Hawkins about representing Haverhill, and the next day Hawkins emailed Knapp: We can certainly review the Town Manager’s contract and can discuss the Board’s goals and objectives going forward with respect to the Woodsville Fire District and other matters. DEK aff., Ex. 7, pp. 1 (Email between Knapp and Hawkins dated September 29, 2022 – October 5, 2022)(emphasis added). 25. On September 29, 2022, without a conflict waiver or representation agreement, DTC allegedly began representing Haverhill, advising Knapp on Warrant Articles 27 & 28. Id. compare with DEK aff., Ex. 8 (DTC000963)(DTC billing entry for 9/29/22).
  • 6. 6 26. On October 5, 2022, Hawkins directed Knapp to send more information regarding DTC’s apparent representation of Haverhill to DTC. DEK aff., Ex. 7, p.1 (Email from Hawkins to Knapp). 27. On October 13, 2022, Hawkins sent an email to Maher about DTC possibly representing Haverhill, disparaging the work his former rival at the DW firm in the Haverhill/Woodsville litigation, stating: “We…are not being asked to represent Woodsville. I would suggest to Woodville’s attorneys that they file a DJ action in Superior Court that Woodsville is a valid municipal entity and chase that to the Supreme Court if necessary. From my perspective, both Haverhill and Woodsville need competent, diligent, and attentive municipal counsel in the worst possible way. I'm concerned that Drummond Woodsum is too closely aligned with the current Town Manager to provide that advice. It's easy to envision the Selectmen lacking confidence in Drummond’s advice because Drummond took laughably horrible legal positions in the Woodsville litigation.” DEK aff., Ex. 9. (Email between Hawkins and Maher, October 13, 2022) (emphasis added) 28. On November 23, 2022, Knapp wrote to Hawkins about DTC representing Haverhill, stating: I am finally getting somewhere…Four of us are on board with hiring your firm to terminate our town manager. DEK aff., Ex. 10 (Email from Knapp to Hawkins, dated Nov. 23, 2022) DRA’s refusal to set Haverhill’s tax rate. 29. On December 27, 2022, Haverhill received a letter from DRA stating it could not set Haverhill’s tax rates due to Woodsville’s appeal of DRA’s disallowance of Warrant Articles 27 & 28 to the New Hampshire Supreme Court. DEK aff., Ex. 11 (letter from DRA to Haverhill dated December 22, 2022 refusing to set tax rate). 30. On December 27, 2022 Ms. Boucher contacted the DW firm for legal advice because the DRA tax rate matter intertwined with the previous litigation between Haverhill and
  • 7. 7 Woodsville, as it related to the contentious Woodsville highway department funding. Boucher aff. ¶ 11; Codling aff., ¶ 15. A few days later DW issued a formal opinion to the Selectboard on the DRA tax rate matter. DEK aff., Ex. 12 (Email correspondence and DW memorandum to Selectboard dated Dec. 30, 2022) 31. On January 3, 2023 the Selectboard discussed DW’s memo and voted to have DW send a demand letter to DRA. DEK aff., Ex. 13, pp. 3-4 (Selectboard Meeting Minutes, Jan. 3, 2023). 32. At the January 3, 2023 Selectboard meeting, there was no discussion of retaining DTC or working with any other law firm on the DRA tax rate setting matter. Id. Selectman Knapp contacts DTC again about representing Haverhill. 33. On January 4, 2023, Selectman Knapp sent an email to DTC Hawkins asking to set up a non-meeting regarding DTC’s apparent representation of Haverhill, and Hawkins scheduled a Zoom meeting with Knapp. DEK aff., Ex. 14 pp. 1-2 (Emails between Knapp to Hawkins, dated Jan. 4-5, 2023). Woodsville demands Haverhill make litigation Settlement Agreement payment. 34. On January 4, 2023, Haverhill and Woodsville were still performing the terms of their Settlement Agreement in the litigation Hawkins represented Woodsville against Haverhill. Boucher aff., ¶ 9. Since Haverhill was foreseeing cash flow issues because of the DRA tax rate matter, the Selectboard discussed a possible delay in making payment to Woodsville, which Woodsville declined. DEK aff., Ex. 15 (Email from Kevin Shelton, Woodsville Commissioner to Town Administration and Selectboard, Jan 4, 2023). DW firm’s potential conflict with its client regarding DRA tax rate matter.
  • 8. 8 35. On January 4, 2023, the DW firm informed Haverhill about a potential conflict of interest with its client, School District SAU 23, because the DRA tax rate matter implicated many different entities; and on January 9, 2023, DW stated it could not continue representing Haverhill on the DRA tax rate matter until it received conflict waivers. Codling aff., ¶ 16. The Selectboard schedules Emergency Meeting to address legal representation. 36. On January 10, 2023 the Selectboard took action “to have Town Administration approach DTC lawyers and ask them if they could represent the Town of Haverhill with regards to DRA’s refusal to set the Town, School, and District tax rates.” DEK aff., Ex. 16, (Selectboard meeting minutes) (Motion #1). 37. Immediately after the Selectboard meeting, Ms. Codling emailed DTC Attorney Christopher L. Boldt inquiring about DTC’s possible representation of Haverhill, writing: The Town of Haverhill is looking for a law firm to represent us for a matter between the Town and the Department of Revenue Administration. The 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? Am. Complaint, Ex. 4 (Email from Codling to Boldt dated Jan. 10, 2023)(emphasis added); DTC Answer ¶ 34. 38. On January 10, 2023, unknown to Town Administration, Selectman Knapp contacted DTC Hawkins and Maher stating that the Selectboard “canceled” the use of the DW firm and hired DTC. DEK aff., Ex. 17 (Email from Knapp to Hawkins, dated Jan. 10, 2023). Codling aff., ¶ 19; 39. On January 11, 2023, Attorney Boldt responded to Ms. Codling’s email stating DTC would be interested in representing Haverhill on the DRA tax rate setting matter but would
  • 9. 9 need to “run conflict checks” before the “definitive yes” on representation. Am. Complaint, Ex. 5 (Email from Boldt to Codling, Jan. 11, 2023); DTC Answer ¶ 35. 40. On January 11, 2023, Boldt advised Ms. Codling that “once I run conflicts, I will reach back to you to set up a time for a conference call or Zoom meeting.” Am. Complaint, Ex. 5 (Email from Boldt to Codling, Jan. 11, 2023); DTC Answer ¶ 36. 41. On January 11, 2023, the Assistant Town Manager Jennifer Boucher called Attorney Maher “inquiring about [DTCs] availability to provide legal services,” and asked whether DTC had a conflict of interest in the DRA tax rate matter, because many entities were implicated. Boucher aff., ¶ 14; DTC Answer ¶ 43. Ms. Boucher sent a follow-up email to Maher after her call requesting DTC’s representation agreement and conflict waiver for the Town Manager to sign. DEK aff., Ex. 18, (ToH000147)(Email between Boucher and Maher, Jan. 11, 2023). 42. Maher memorialized his conversation with Ms. Boucher in an email to Hawkins: [The Assistant Town Manager] asked if we had a conflict…I informed her that we do have a technical conflict…and were in the process of seeking a conflict waiver…I informed [the Assistant Town Manager] that [DTC is] actively working to make sure we can represent the Town…I made no mention of the Town Manager during that discussion or the Select Board’s concerns with her. DEK aff., Ex. 19, p.1 (Email between Maher and Hawkins, Jan. 11, 2023). 43. On January 11, 2023, Hawkins called Woodsville’s attorney – his former co- counsel in the Woodsville/Haverhill litigation – “to share [DTC’s] preliminary game plan” regarding DTC’s representation of Haverhill. Am. Complaint, Ex. 6 (Email between Hawkins and Maher dated Jan. 11, 2023); DTC Answer, ¶ 38. 44. After Hawkins conversation with Woodsville’s counsel, Hawkins sent emails to Maher disparaging Codling and expressing that DTC “may need to have a come-to-Jesus with [DW Attorney] Demetrio Asprias.” DEK aff., Ex. 19, p.2 (Email between Maher and Hawkins,
  • 10. 10 Jan. 11, 2023). Hawkins also expressed he did not believe there was a conflict between Haverhill and School District SAU 23 insofar as the DRA tax rate matter was concerned. DEK aff., Ex. 20, p.1 (Email between Hawkins and Maher, Jan. 11, 2023). 45. On January 11, 2023, Hawkins requested permission from Maher to put DTC’s alleged representation of Haverhill down as his origination because “this matter came to [DTC] as a result of my prior representation of Woodsville.” Am. Complaint, Ex. 6 (Email between Maher and Hawkins, Jan. 11, 2023). 46. On January 11, 2023, Hawkins informed Selectman Knapp that he would send him a conflict waiver letter “based upon my prior representation of Woodsville” and that Hawkins had spoken with the Woodsville attorney and he was confident that Woodsville will waive DTC’s conflict “as well.” DEK aff., Ex. 21 (Email between Knapp and Hawkins, Jan. 11, 2023) (emphasis added). 47. On January 11, 2023, Hawkins wrote to Maher stating that he would draft the conflict waiver letters for Haverhill and Woodsville in such a way that it “implies that [DTC] will not defend [the Town Manager’s position on Woodsville].” DEK aff., Ex. 22 (RFAs ## 36, 37 & 38, referencing RFA Ex. 6); DTC Answer ¶¶ 39, 93. 48. Hawkins expressly stated if DTC is “required to maintain [the Town Manager’s] position [on Woodsville] then [DTC’s] conflict may be insuperable.” DTC Answer ¶ 93. 49. On January 11, 2023, DTC had “not yet directly met” with the Selectboard. DEK aff., Ex. 23, (DTC Interr. Ans. #6). 50. On January 12, 2023, Executive Counselor Cinde Warmington met with Town Administration, Selectboard, Woodsville Commissioners, School Board Chair, and SAU representatives regarding the tax rate setting issue. DEK aff., Ex. 24 (Meeting Minutes, Jan. 12,
  • 11. 11 2023). Executive Counselor Warmington was informed that Town Administration was “the Town’s single point of contact” regarding the DRA tax rate setting matter. Id. DTC was not present at this meeting. Id. (meeting minutes show individuals present at meeting). 51. On January 12, 2023, DTC met with the Selectboard and had a “consultation” and allegedly discussed its conflict of interest. DEK aff., Ex. 25 (Email from Hawkins to Codling dated, March 21, 2023 discussing the Jan. 12, 2023 “consultation”). However, Ms. Codling was unaware DTC was even meeting with the Selectboard. Codling aff., ¶ 20. 52. Moreover, there was no vote to hire DTC on January 12, 2023. DEK aff., Ex. 26 (RFA ## 5& 6 referencing RFA Ex. 1, attached thereto, admitted DTC was not hired on 1/12/23). 53. However, on January 12, 2023, DTC billed Haverhill for 11.75 hours of apparent legal services regarding the DRA tax rate matter. DEK aff., Ex. 8 (DTC000963-64) (DTC billing invoices, Jan-Mar. 2023). Town Administration raises concerns about DTC’s conflict of interest. 54. On January 12, 2023, Ms. Codling wrote to DTC Attorney Christopher L. Boldt expressing concern about DTC’s conflict of interest, stating: We have heard that Chris Hawkins, who represented the Woodsville District in their lawsuit against the Town of Haverhill, has [allegedly] been retained, by the Haverhill Board of Selectmen without my input or involvement. This is very concerning, as that is a very clear conflict of interest. We assume that DTC would acknowledge that conflict of interest…I do appreciate, as Haverhill’s Town Manager, the willingness for DTC to assist us with the Tax Rate issue, but do not believe it is ethical for Chris Hawkins to represent the Town. DEK aff, Ex. 27 (Email from Codling to Boldt, Jan. 12, 2023); see also DTC Answer ¶¶ 41, 42. 55. On January 13, 2023, Ms. Boucher called Boldt requesting the result of DTC’s conflict check. Am. Complaint, Ex. 8 (Email from Boldt to Hawkins and Maher acknowledging a voice message from Jennifer Boucher questioning Boldt’s determination on the conflict issue).
  • 12. 12 56. On January 13, 2023, Boldt sent an email to Hawkins and Maher, stating that Town Administration was “questioning what my determination of the conflict issue has been.” Am. Complaint, Ex. 8 (Email from Boldt to Maher and Hawkins, Jan. 13, 2023). 57. At this point, Boldt received numerous urgent requests from Haverhill regarding the results of DTC’s conflict of interest check he promised to perform. Id.; Boucher aff., ¶ 16; Codling aff., ¶ 24. 58. Instead of responding to Town Administration, Christopher Boldt forwarded the emails from Town Administration requesting a conflict check to Hawkins and Maher stating, “I will stay silent per instructions” and never responded to either Ms. Codling or Ms. Boucher. Am. Complaint, Ex. 8 (Email from Boldt to Maher and Hawkins, Jan. 13, 2023); DTC Answer ¶¶ 46, 91; Boucher aff., ¶ 16; Codling aff., ¶ 24. 59. On January 13, 2023, because of Boldt’s deliberate silence, Ms. Boucher contacted Maher confused about DTC retention since there was no paperwork regarding DTC’s hiring and there was no resolution on DTC’s conflict issue. DEK aff., Ex. 18, at ToH000146,(Email between Maher and Boucher, Jan. 13, 2023). Maher responded that DTC’s “paperwork is in progress” and that DTC “had the required discussions with both the Select Board and Woodsville, such that no issues arise out of our representation.” Id., at ToH000145. 60. However, DTC did not advise Ms. Codling or Ms. Boucher on DTC’s conflict, or even raise the risks and alternatives regarding such conflict or provide Town Administration with a reasonable opportunity to evaluate DTC’s conflict. Boucher aff., ¶ 16; Codling aff., ¶ 25. 61. And DTC began providing apparent advice to the Selectboard before it even disclosed its conflict. DEK aff. Ex. 23 (Interr. Ans. # 6)(“as of January 11, 2023 DTC had not met
  • 13. 13 with entire Selectboard”) compare with DEK aff., Ex. 8, (DTC000963)(DTC billing invoices, entries 9/29/22, 1/10/23, 1/11/23, and 1/12/23, with 11.75 hours billed on 1/12/23). 62. In the meantime, on January 12, 2023, Town Administration was contacted by the DW firm who informed Town Administration that their conflict issue resolved, and on January 13, 2023, DW conflict issue was resolved, and Town Administration continued to work with DW on the DRA tax rate matter. Codling aff., ¶ 21. 63. On January 13, 2023 Ms. Boucher sent an email to Maher, copying Boldt and Selectboard Chairman Garofalo, stating DTC had no authority to represent Haverhill, because: a. The Chairman stated DTC was not hired. b. There was no noticed meeting of the Selectboard retaining DTC. c. There was no vote by the Selectboard retaining DTC. d. DTC failed to brief Haverhill on the “very clear conflict of interest” based on Hawkins prior representation of Woodsville. e. DTC legal services would be duplicative and unneeded because Haverhill received the necessary conflict waiver from the DW firm, and DW was representing Haverhill on the tax matter before DRA. DEK aff., Ex. 18, pp. 1-3 (ToH000143-45), Email between Maher and Boucher, Jan. 13, 2023); DTC Answer ¶¶ 49, 50. 64. DTC admits it was informed on January 13, 2023 “the necessary waivers have been secured to allow the Town to continue working with Drummond Woodsum” on the DRA tax rate setting matter, and its services were not needed. DEK aff, Ex. 28 (RFA # 41, referencing RFA Ex. 7 attached thereto).
  • 14. 14 65. Chairman Garofalo directed Ms. Codling and Ms. Boucher to continue working with the DW firm on the DRA tax rate setting matter since DW’s conflict was resolved, and DTC conflict waiver had not been waived by Haverhill. Boucher aff., ¶ 20; Codling aff., ¶ 29. DTC proceeds to allegedly represent Haverhill. 66. On January 13, 2023, DTC Hawkins and Maher sent a letter to DRA demanding the tax rate be set without consulting Town Administration. Codling aff., ¶ 28; DEK aff. Ex. 29 (Letter from DTC to DRA, Jan. 13, 2023). 67. However, on January 13, 2023, the DW firm had already been communicating with DRA Revenue Counsel about the DRA tax rate matter, informing Ms. Codling there had been a “breakthrough” with DRA. DEK aff. Ex. 30 (Email from DW to Codling & Boucher). 68. That “breakthrough” was DRA was ready to set the tax rate, and all it needed was a letter from Haverhill requesting that the tax rate be set. Codling aff., ¶ 30; Boucher aff., ¶ 17. 69. On January 13, 2023, DRA Revenue Counsel responded to Hawkins’s email that transmitted DTC’s letter to DRA, informing Hawkins and Maher that DRA would begin to set the tax rates for Haverhill and Woodsville on January 17, 2023. DEK aff., Ex. 31 (Email from Hawkins to Macomber, Jan. 13, 2023). Hawkins forwarded Revenue Counsel’s email to Woodsville’s lawyer “to ensure the loop was closed,” crediting Executive Counselor Cinde Warmington with resolving the DRA tax rate setting issue. Id. 70. In response to Hawkins and Maher’s January 13, 2023 letter to DRA, Revenue Counsel clarified that DRA had been working with “Town officials and Town counsel Drummond Woodsum” on the DRA tax rate setting issue, and that DRA was not aware DTC was even representing Haverhill. Am. Complaint Ex. 15, p.1 (Letter from DRA to DTC dated Jan. 23, 2023); DTC Answer, ¶ 57.
  • 15. 15 71. On January 14, 2023, Maher wrote to Ms. Boucher requesting that DW refrain from representing Haverhill on the DRA tax rate setting matter. DEK aff. Ex. 18, p.1 (Email correspondence between Maher and Boucher, Jan. 14, 2023). 72. On January 14, 2023 Hawkins acknowledged DTC’s “engagement letter has not yet been signed” but stated a “clear written message needs to be sent to the Town Administration,” that DTC was representing Haverhill, and drafted an email for Selectman Robbins to send to Ms. Codling and Ms. Boucher stating: DTC Lawyers has been engaged by the Selectmen regarding the DRA matter. The Selectmen are satisfied there is no conflict as to the current matters before the Board. This will be confirmed at the next board meeting. 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 duplicative efforts… Am. Complaint, Ex. 10B (Email between Maher and Hawkins dated Jan. 14, 2023). 73. Ms. Codling felt severe pressure from DTC, causing severe emotional distress and anxiety, and was forced to communicate with DTC. Codling aff., ¶ 31. 74. On January 14, 2023, Chairman Garofalo had an internal disagreement with the Board. DEK aff. Ex. 33 (Email correspondence between Maher and Robbins, Jan. 14, 2023). 75. On January 14, 2023, Maher informed Ms. Codling that DRA would set the tax rates, and Ms. Codling politely responded thanking Maher for the information, but at no time waived DTC’s conflict or agreed to hire DTC. DEK aff. Ex. 34 (Email between Maher, Boldt and Town Administration, and Board Chairman, Jan. 14, 2023); see also Codling aff., at ¶ 31. Signing of DTCs Conflict of Interest Waiver and Chairman Garofalo’s resignation 76. On January 14, 2023, Selectman Robbins informed Maher about Chairman Garofalo’s disagreement and requested DTC “re-issue” its conflict-of-interest waiver in Steve
  • 16. 16 Robbins name. DEK aff., Ex. 33 (Email correspondence between Maher and Robbins, Jan. 14, 2023). 77. On January 14, 2023, Chairman Fred Garofalo resigned from the Selectboard, however, efforts were being made to have Garofalo reconsider his resignation. DEK aff., Ex. 35 (Email between Hawkins and Maher, Jan. 15, 2023). 78. On Sunday, January 15, 2023, without any action of the Selectboard waiving DTC’s conflict of interest or authorizing Selectman Steve Robbins to sign DTC’s conflict waiver, Robbins signed DTC’s conflict waiver at Woodsville’s offices where Robbins worked, the same morning Woodsville Commissioners approved DTC’s conflict waiver. DEK aff., Ex. 36 (RFA ##26 & 27, referencing RFA Ex. 5 attached thereto, text messages between Robbins and Hawkins) compare with DEK aff., Ex. 37 (Haverhill conflict waiver signed by Steve Robbins on 1/15/23); Id. (Woodsville conflict waiver signed by Steve Wheeler on 1/15/23) compare with DEK aff., Ex. 38 (Email between Woodsville’s Administrator Kevin Shelton and Hawkins/Robbins); DEK aff., Ex. 3 (newspaper article demonstrating Robbins works for Woodsville). 79. However, despite DTC claiming that a conflict waiver “needed to come from the Select Board as the governing body of the Town,” a quorum of the Select Board never voted to waive DTC’s conflict. DEK aff., Ex. 39 (DTC Interr. Ans. # 11) Boucher aff., ¶ 19; Codling aff., ¶ 27. Indeed, there are no documents that demonstrate the Selectboard ever voted as a governing body to waive DTC conflict. Boucher aff., ¶ 19; Codlig aff., ¶ 27;. 80. Ms. Codling never authorized or waived DTC’s conflict as the Town Manager and objected to DTC’s representation of the Town due to its clear conflict. Codling aff., ¶ 25 DEK aff, Ex. 27 (Email from Codling to Boldt, Jan. 12, 2023).
  • 17. 17 81. On January 15, 2023, after Hawkins was informed Robbins signed DTC’s conflict waiver, Hawkins sent an email to Maher stating Ms. Codling and Ms. Boucher’s employment should be terminated. Am. Complaint, Ex. 10A (Email between Maher and Hawkins, Jan. 15, 2023). 82. On January 16, 2023, DTC Attorney Christopher Boldt met with Hawkins and Maher to provide “background and strategy” to DTC’s apparent representation of Haverhill. DEK aff., Ex. 8 (DTC billing statements, 1/16/23 entry billing entry by Christopher L. Boldt (CLB)). DTC’s secret email account for the Selectboard 83. At some point DTC advised the Selectboard to create an email account outside of the Town network, and on January 16, 2023, DTC was informed the secret email account was inadvertently disclosed to the public, which Maher found to be “alarming” and “problematic.” DEK aff., Ex. 40 (Email between Hawkins and Maher, Jan. 16, 2023); Codling aff. ¶ 32. 84. On January 16, 2023, Hawkins and Maher strategized how to handle (1) why DTC believed the secret email account could not reviewed by Ms. Codling, and (2) why DTC was not retained by Ms. Codling, stating: When asked why [the emails] are confidential from the Town Manager [Selectman Robbins] can say that the Board decided to take direct charge of the time-critical DRA issue and retain counsel directly. DEK aff., Ex. 40, p.2 (Email between Hawkins and Maher, Jan. 16, 2023). Selectman Steve Robbins public statement for January 17, 2023 Selectboard meeting. 85. On January 17, 2023, Selectman Robbins drafted a public statement about the timeline of events and DTC’s alleged representation of Haverhill, which was sent to Hawkins for review. DEK aff., Ex. 41 (Email from Selectman Katie Williams to Hawkins, transmitting Robbins public statement for January 17, 2023 Selectboard meeting, with statement attached).
  • 18. 18 86. The public statement drafted by Selectman Robbins stated, in part: On January 10, 2023, there was a “second emergency meeting, we voted to change law firms to DTC, Donahue, Tucker, and Ciandella Lawyers because D&W was not reacting quickly enough…”. On January 12, 2023, there was a “non meeting with attorneys, we outlined our situation…they outlined a conflict that included Woodsville Fire District, we agreed that it did not effect the case, as did the Woodsville attorneys. DTC felt comfortable moving forward, with commitment by both of signature, as time was of the essence. Id. at p. 2 (emphasis added). 87. DTC Hawkins revised the two sections in the preceding paragraph to read: On January 10, 2023, “We held a second emergency meeting, we voted to change law firms to Donahue, Tucker, and Ciandella because D&W conflict situation had not been resolved and we needed legal advice as quickly as possible…”. On January 12, 2023, “We held a non meeting with attorneys from DTC. We outlined our situation, and found that they had already done research since our initial contact because they recognized the seriousness of our situation. At the beginning of our meeting, they disclosed that one of them had represented the Woodsville Fire District for a time in its litigation against the Town. That attorney stopped representing Woodsville before the case was resolved. DTC disclosed that in the event a dispute developed between Haverhill and Woodsville they would not be able to represent either party. We did not feel that this issue was serious because the Woodsville lawsuit was settled and we had no plans to reopen it, and the DRA issue was not related to that case. We agreed that this issue did not effect the DRA issue and felt comfortable that DTC understood the urgency of our situation. We understand that Woodsville through its attorneys agreed to waive the conflict as well. Amended Complaint, Ex. 10 C (Hawkins revision of Robbins public statement)(redline begins on p. 3 of Exhibit). 88. Based on a review of Selectman Robbins draft public statement, DTC’s revised the public statement, by: a. Deleting the “conflict waiver signature” reference. b. Inserting a dialogue as to why there was allegedly “no conflict of interest” for DTC to represent Haverhill.
  • 19. 19 c. Adding language that says “the DRA issue was not related” to Woodsville’s lawsuit against Haverhill over highway funding. d. Adding language that says the DW law firm had a conflict of interest that was not waived. DEK aff., Ex. 41 (Robbins draft public statement; compare with Am. Complaint, Ex.10 C (Robbins revised public statement, redline begins on p. 3 of Exhibit). The January 17, 2023 Select Board Meeting 89. On January 17, 2023, the Selectboard’s meeting agenda did not include an agenda item to hire DTC. DEK aff., Ex. 42 (Jan 17, 2023 Selectboard meeting agenda); see also DEK aff., Ex. 43, p.1 (Jan. 17, 2023 Selectboard meeting minutes). 2 90. When it came to reviewing the meeting minutes of the January 10, 2023, Emergency Meeting, Robbins stated his motion on January 10, 2023 was to retain the law firm DTC. Id. at pp. 2-3. Ms. Codling and Ms. Boucher, however, voiced concern to the Selectboard that DTC was not retained, that DTC had a conflict of interest, and that the Board’s action of January 10, 2023 was only for Town Administration to reach out to DTC to see if they were interested in representing Haverhill. Id. at pp. 5, 7; Codling aff., ¶ 33; Boucher aff., ¶ 21. 91. The Selectboard discussed what procedure might be followed to change the motion at the January 10, 2023 meeting, and Robbins made a motion to “ratify” the Selectboard’s vote of January 10, 2023. DEK aff., Ex. 43, p. 2 (Jan. 17, 2023, Selectboard Meeting Minutes). 92. There was no mention or action by the Selectboard at the January 17, 2023 meeting to retain DTC regarding personnel matters or to evaluate Ms. Codling’s performance. Id. 93. At the January 17, 2023 Selectboard meeting Selectman Robbins read the public statement Hawkins substantively revised into the record. Id. 2 A zoom link and password for this meeting can be accessed at the bottom of page 14 of the meeting minutes.
  • 20. 20 94. At the January 17, 2023 Selectboard meeting, Robbins announced “the tax warrant was set today and is ready to be signed.” Id. at p. 3 (meeting minutes). 95. At the meeting, the Selectboard took action “to accept with deep and extreme regret the resignation of Fred Garofalo as Chair.” Id., p. 14 (Motion #10). 96. On January 18, 2023, Hawkins sent Robbins an email crediting Executive Counselor Cinde Warmington with resolving the DRA tax rate setting matter. DEK aff., Ex. 45 (Email between Hawkins and Selectboard, Jan. 18, 2023). DTC’s Engagement Letter and Conflict Waiver 97. On January 23, 2023, Maher emailed Hawkins asking: “Have we received the engagement letter and conflict waiver yet?” DEK aff., Ex. 46 (Email between Maher and Hawkins, Jan. 23, 2023). 98. On January 24, 2023, Hawkins responded DTC allegedly received the conflict waiver but had not sent out the engagement letter to Haverhill. Id. Hawkins stated he would address DTC’s engagement letter to Robbins personal address instead of to Town offices. DEK aff., Ex. 47, (Email between Hawkins and Maher, Jan. 24, 2023). 99. On January 30, 2023, DTC mailed its engagement letter to the personal home of Robbins. Id. compare with id., Ex. 36 (RFA ## 26 & 27, referring to RFA Ex. 5, text messages between Hawkins and Robbins, RFA Ex. 5, p. 2, engagement letter “went out in yesterday’s mail”). 100. On January 30, 2023, the Selectboard convened in a duly noticed meeting and did not take action to hire DTC. Id., Ex. 48 (Jan. 30, 2023 meeting minutes) and id., Ex. 49 (Jan. 30, 2023 non-meeting minutes). 101. On January 31, 2023, Hawkins emailed Maher that he was told the Selectboard met “last night” and approved DTC’s engagement agreement and the Selectboard was accused of
  • 21. 21 “violating RSA 37:6, III and VII(j) by meeting with the Board and entering into an engagement agreement without the Town Manager’s participation.” Ex. 50, (Email between Hawkins and Maher, Jan. 31, 2023). 102. Hawkins marked January 31, 2023 on his calendar “with a gold star.” Id. 103. On January 31, 2023, Robbins sent a text message to Hawkins stating: we need to get the [DTC] retainer letter soon, to include personnel matters between the board and its employees.” Id., Ex. 36 (RFA ## 26 & 27, referring to RFA Ex. 5 p.2) (emphasis added) 104. On January 31, 2023, Hawkins advised Robbins by text message and email stating that he should “disregard” DTC’s engagement letter that was sent to Robbins personal residence because it did not include “personnel matters,” and instead, use the version of DTC’s engagement letter that was emailed to Robbins “personal email account.” Id. (RFA Ex.5 p.3) compare with Ex. 52, (Email from Hawkins to Robbins, Jan. 31, 2023). 105. DTC’s engagement letter includes a section entitled “conflict of interest” alleging the Selectboard waived DTC’s conflict of interest. Am. Complaint Ex. 17 (DTC Engagement letter, dated January 31, 2023). 106. However, the Selectboard did not take any action, and did not vote to waive DTC’s conflict of interest. Boucher aff., at ¶ 21; Codling aff., at ¶ 33. 107. Based on DTC’s purported billing invoice for matters up to January 31, 2023, DTC assessed Haverhill with $12,022.00 in legal fees. DEK aff., Ex. 8, p.5 (DTC000967)(DTC billing invoices. 108. On February 8, 2023, Hawkins and Robbins text messaged about DTC’s engagement letter, and Hawkins asks Robbins if he received it, as reproduced below:
  • 22. 22 DEK aff,, Ex. 36, (RFA ## 26 & 27, referring to RFA Ex. 5, p.3). 109. Thus, on February 9, 2023, Robbins mailed DTC’s engagement letter to DTC. Id. 110. All DTC’s billing invoices were sent to Selectman Robbins personal residence “until he was not reelected to the Board, at which time they were sent to Haverhill Town Offices per Mr. Robbins instructions.” Id., Ex. 53 (DTC Interr. Ans. # 14). 111. After January’s invoice, DTC’s invoiced in February for $940.00 and March for $780.00. Id., Ex. 7, DTC000970, DTC000972). There are no more DTC billing entries after Town Meeting 2023. Id. DTC’s purported representation comes to end 112. On March 14, 2023, Hawkins texted Robbins asking if he had been re-elected, and Robbins sent a picture of the vote tally to Hawkins, and his feelings about the prospects of re-election. DEK aff., Ex. 36, (RFA ## 26 & 27, referring to RFA Ex. 5, p. 5). 113. On March 14, 2023, Robbins was voted out of office. Id.; Codling aff., ¶ 35. 114. Thereafter, both Selectmen Katie Williams and Michael Graham resigned from the Selectboard. Id. at ¶ 37. DTC demands payment of invoices
  • 23. 23 115. On June 2, 2023, Hawkins contacted Haverhill Town Counsel at the Mitchell Municipal Group (MMG) demanding DTC’s legal fees be paid, and emailed DTCs “executed engagement letter and conflict waiver letter” as justification for payment. DEK aff., Ex. 54, p. 3 (Email from Hawkins to Attorney Naomi Butterfield, June 2, 2023). 116. On June 14, 2023, MMG informed Hawkins that the new Selectboard were unaware of what DTC’s legal fees were for and the “old” Selectboard members refused to make a motion “for the Town [to] pay your fees.” Id., at pp. 1-2. 117. On July 5, 2023, DTC Attorney Hawkins demanded payment on or before July 31, 2023. DEK aff., Ex. 55, p. 2 (Letter from Hawkins to Town, July 5, 2023). 118. On August 24, 2023, Hawkins sent demand letter that said all invoices must be paid and “[i]f payment is not received in full by September 25, 2023, [DTC] will file a complaint with the Dispute Resolution Committee of the New Hampshire Bar Association pursuant to the dispute resolution provisions of [DTCs] engagement letter.” Id., Ex. 56, p. 2 (Letter from Hawkins to Attorney Butterfield). Dated: March 18, 2024 Respectfully submitted, Center Harbor, NH TOWN OF HAVERHILL By, their attorney, By /s/ Derek E. Kline Derek E. Kline, NH Bar #20649 P.O. Box 1577 Center Harbor, NH Telephone: (603) 707-1721 Email:derekekline@gmail.com Attorney for Town of Haverhill
  • 24. 24 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Statement of Material Facts was served on this date by Superior Court E-Filing System to counsel for Counterclaim-Plaintiff, and a copy was also served on Counterclaim-Plaintiff’s counsel via E-Mail in Microsoft Word. Dated: March 18, 2024 By, /s/ Derek E. Kline
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  • 40. TOWN OF HAVERHILL MOTION FOR SUMMARY JUDGMENT EXHIBIT LIST Exhibit 1: DTC’s Response to RFA #2. Exhibit 2: Haverhill Selectboard Standard Operating Agreement approved July 21, 2021. Exhibit 3: Hayes, Paul, Robbins Continues Family Tradition, Steps in as Woodsville Chief, Caledonian Record, dated January 6, 2023. Exhibit 4: New Hampshire SB 26 Bill Text (2021) Exhibit 5: Selectboard meeting minutes dated February 7, 2022. Exhibit 6: Email correspondence between Graham and Hawkins, May 11-13, 2022. Exhibit 7: Email correspondence between Knapp and Hawkins, Sept. 29-Oct. 5, 2022. Exhibit 8: DTC invoices January – March 2023. Exhibit 9: Email correspondence between Hawkins and Maher, dated October 13, 2022. Exhibit 10: Email correspondence between Hawkins and Knapp, dated November 23, 2022. Exhibit 11: Letter from DRA to Haverhill dated December 22, 2022 refusing to set tax rate. Exhibit 12: Drummond Woodsum memorandum on tax rate, Dec. 30, 2022. Exhibit 13: Selectboard meeting minutes, dated January 3, 2023. Exhibit 14: Email correspondence between Hawkins and Knapp, January 4-5, 2023, Exhibit 15: Email correspondence between Kevin Shelton and Haverhill, January 4, 2023, Exhibit 16: Selectboard meeting minutes, January 10, 2023 Exhibit 17: Email correspondence between Knapp & Hawkins, January 10, 2023. Exhibit 18: Email correspondence between Boucher and Maher, dated January 11-14, 2023. Exhibit 19: Email correspondence between Hawkins and Maher dated January 11, 2023. Exhibit 20: Email correspondence between Hawkins and Maher dated January 11, 2023.
  • 41. Exhibit 21: Email correspondence between Hawkins and Knapp dated January 11, 2023. Exhibit 22: DTC Response to RFA 36, 37, 38 which reference RFA Ex. 6 attached thereto. Exhibit 23: DTC Interr. Answer #6. Exhibit 24: Selectboard meeting minutes, dated January 12, 2023. Exhibit 25: Email correspondence from Christopher Hawkins dated March 21, 2023. Exhibit 26: RFA ## 5 & 6 referencing RFA Ex. 1 attached thereto. Exhibit 27: Email correspondence between Codling and Boldt dated January 12, 2023. Exhibit 28: RFA 41 referencing RFA Ex. 7. Exhibit 29: DTC Letter to DRA, Jan. 13, 2023. Exhibit 30: Email correspondence between Codling and DW dated January 13, 2023. Exhibit 31: Email correspondence between Hawkins and Woodsville’s lawyer dated January 13, 2023 forwarding DRA Revenue Counsel’s email, dated January 13, 2023. Exhibit 32: Email correspondence from Hawkins to Selectboard dated January 25, 2023. Exhibit 33: Email correspondence between Maher and Robbins dated January 14, 2023. Exhibit 34: Email correspondence between Maher and Codling dated January 14, 2023. Exhibit 35: Email correspondence between Hawkins and Maher, dated January 15, 2023. Exhibit 36: RFA ## 26 & 27 with RFA Exhibit #5. Exhibit 37: DTC Conflict Waiver Letter, signed by Steve Robbins and Steve Wheeler on January 15, 2023 Exhibit 38: Email correspondence from Kevin Shelton, Woodsville Administrator, demonstrating when Woodsville approved DTC’s conflict waiver, dated January 15, 2023. Exhibit 39: DTC Interrogatory Answer # 11. Exhibit 40: Email correspondence between Hawkins and Maher dated January 16, 2023. Exhibit 41: Email correspondence between Williams and Hawkins transmitting and including Steve Robbins draft public statement for the January 17, 2023 Selectboard meeting.
  • 42. Exhibit 42: Selectboard Agenda for January 17, 2023 Selectboard meeting. Exhibit 43: Selectboard Meeting Minutes dated January 17, 2023. Exhibit 44: Selectboard Meeting minutes dated September 25, 2023. Exhibit 45: Email correspondence from Hawkins to Board dated January 18, 2023. Exhibit 46: Email correspondence between Hawkins and Maher dated January 23, 2023. Exhibit 47: Email correspondence between Hawkins and Maher dated January 24, 2023. Exhibit 48: Selectboard meeting minutes dated January 30, 2023. Exhibit 49: Selectboard non-meeting minutes dated January 30, 2023. Exhibit 50: Email correspondence between Hawkins and Maher dated January 31, 2023. Exhibit 51: Email correspondence from Hawkins to Selectboard dated January 31, 2023. Exhibit 52: Email correspondence between Robbins and Hawkins dated January 31, 2023. Exhibit 53: DTC Interrogatory Answer #14. Exhibit 54: Email correspondence between Hawkins and Mitchell Municipal Group dated June 2-14, 2023. Exhibit 55: Letter from Hawkins to Haverhill dated July 5, 2023. Exhibit 56: Letter from Hawkins to Mitchell Municipal Group dated August 24, 2023.
  • 43. TOWN OF HAVERHILL MOTION FOR SUMMARY JUDGMENT DEK FOUNDATIONAL AFFIDAVIT EXHIBIT 1
  • 44. TOWN OF HAVERHILL EXHIBIT 1 5. As used herein, "DTC" means the law firm of Donahue, Tucker & Ciandella, PLLC, and any employees or agents of the firm such as Christopher Boldt, Christopher Hawkins, and Eric Maher. 6. As used herein, "Town" or "ToH'' means Town of Haverhill, New Hampshire. 7. As used herein, "Woodsville" means the Special District ofWoodsville and/or Woodsville Fire District. 8. As used herein, the "DRA tax rate setting matter" means the issue that resulted from the New Hampshire Department of Revenue Administration disallowing ToH Warrant Articles 27 & 28 (2022). REQUEST FOR ADMISSION NO. 1. Admit that DTC, through DTC Attorney Christopher Hawkins and other DTC attorneys, holds itself out as experts in legal ethics of attorneys, legal malpractice, and the rules of professional conduct. RESPONSE: Denied. REQUEST FOR ADMISSION NO. 2. Admit DTC Attorney Christopher Hawkins is a member of the New Hampshire Bar Association Ethics Committee. RESPONSE: Admitted. REQUEST FOR ADMISSION NO. 3. Admit that DTC, through DTC Attorney Christopher Boldt and other DTC attorneys, holds itself out as experts in municipal law. 3
  • 45. On this 28th day of December, 2023, I, hereby, make oath that the foregoing Defendant Donahue, Tucker & Ciandella, PLLC's responses to the Plaintiff Town of H verhill's Requests for Admissions are complete, true, and are answo/ed,-t_o the my ab· I • Dated: December 28, 2023 STATE OF NEW HAMPSHIRE COUNTY OF ROCKINGHAM Christopher D. Hawkins, Esquire Personally appeared before me, on this 28th day of December, 2023, the above-named Christopher D. Hawkins and made oath that the foregoing answers to the Plaintiffs' First Set of Requests for Admissions are complete and true. Not~ ·Public/Justice ofthePeace My commission expires: 17
  • 46. TOWN OF HAVERHILL MOTION FOR SUMMARY JUDGMENT DEK FOUNDATIONAL AFFIDAVIT EXHIBIT 2
  • 47. TOWN OF HAVERHILL EXHIBIT 2 StandardOperatingProcedures of the HaverhillSelectBoard OBLIGATIONS of SELECT BOARDMEMBERS: Approved by vote of the Town of Haverhill Select Board on July 19, 2021 A member of the Haverhill Select Board, in relation to his/her responsibility to the community, shall: 1. Recognize that his/her primary role is to set policy, with the responsibility for administration thereof delegated to the Town Manager per RSA37. 2. Endeavor to establish sound, clearly defined policies which will direct and support the administration of the Town, for the benefit of all people of the Town. 3. Recognizethat he/she isa member of a team and shall abide by all Select Board decisions once they are made. 4. Shall be well informed concerning the duties of a Select Board member on both the state and local level. 5. Recognizethat all Select Board members are elected by the community and therefore have an obligation to make decisions that they believe will best support the entire community. 6. Accept the office of Select Board member as a means of unselfish public service, not to benefit personally or professionally from his/her Select Board activities. 7. Befamiliar with and abide by the open meeting laws and the public records laws asthey apply to municipal elected officials. 8. Recognize and refuse to, in any way, attempt to make decisions independently regarding Town affairs. 9. Collaborate with the Town Manager as he/she discharges his/her duties and responsibilities. 10. Cooperatively provide an annual review of the Town Manager's performance. 11. Refrain from making promises of how he/she will vote on matters that are before the Select Board until he/she has had an opportunity to hear all sides of the issueat a Select Board meeting. 12. Make decisions only after all facts on a question have been presented or discussed. 13. Uphold the intent of non-public executive session and respect the privileged communication that exists therein. 14. Treat with respect the rights of all members of the Select Board and Town Administration despite differences of opinion. 15. Shall be appointed to serve as ex-officio members on Committees, Commissions, and Boardsand shall be responsible for attending meetings in support of those appointments. JULY19, 2021 1
  • 48. 16. Recognizethat coordination and cooperation is needed among the Town's Committees, Commissions, and Boards to ensure town-wide goals and priorities are known and pursued. 17. Recognize that the Select Board represents and is accountable to the residents of the Town. The Select Board should make every effort to strengthen communications with residents, encourage resident participation, and keep residents informed. MEETINGSOFTHE BOARD: 1. Regular Select Board meetings are held on the first and third Monday of each month. 2. The Select Board shall not hold regular meetings on days which are designated legal holidays, these regular meetings shall be held on the Tuesday after the holiday. 3. When a meeting is called outside the normal schedule, it shall be known as a "special meeting". 4. The Select Board may, when necessary, also call an "emergency meeting" in accordance with applicable provisions of RSA91-a. 5. The Select Board may conduct informal "working sessions" as needed to coordinate on work products that otherwise would consume a regular meeting. 6. The Town Manager bears primary responsibility for coordinating and planning the agenda for regular meetings of the Select Board. The Town Manager, in consultation with the Chair and/or Vice Chair, shall finalize the agenda the week before the scheduled meeting. 7. The Town Manager shall prepare background materials for the meeting and make available to Select Board members a minimum of 48 hours prior to the meeting start time. 8. Select Board members are responsible for reading all materials provided to them prior to the meeting and if needed, requesting more information on agenda items, prior to the meeting so they are prepared for discussion. 9. The Town Manager is responsible for the posting of all Select Board meetings in accordance with RSA91-a. 10. The Town Manager or designee shall attend every meeting of the Select Board. 11. The Town Manager shall arrange for the transcription of all meetings of the Select Board. 12. Members of the Board may, when necessary, attend a Select Board meeting virtually, as long as NH RSAscontinue to permit it. MEETING PROCEDURES: 1. Select Board Chair shall call the meeting to order and take attendance by roll call. 2. A quorum of the Select Board must be in attendance for the meeting to proceed. 3. Select Board Chair shall lead those in attendance in the Pledge of Allegiance. 4. Actions and decisions shall be by motion, second, discussion, and vote. JULY19,2021 2
  • 49. 5. All actions shall be by roll call vote to ensure the minutes reflect actions of board members. 6. Select Board members shall not talk over one another and shall offer each other ample time to express their opinions so that the discussion may be accurately captured for the minutes. 7. Meeting agenda shall be approved: a. Motion to approve, second, discussion (additions or deletions), vote. b. If the agenda is modified, then it shall be approved "as modified". c. All changes to the agenda must occur prior to a vote to approve the agenda. 8. When actions on critical or controversial matters are before the Select Board, the full Select Board shall be in attendance or the action shall be tabled. 9. Public wanting to address the Select Board shall be limited to three (3) minutes per person, unless explicitly offered more time by the Select Board Chair ahead of time. 10. Public wanting to present information or documentation, must submit the information ahead of the meeting and be on the agenda. Otherwise, the issue shall be tabled to allow adequate time for the Select Board and Town Administration to review information to be discussed. 11. When the Select Board enters a non-public sessionthe room shall be void of cell phones. For the Roles, Responsiblities, & LegalAuthorities of the Selectmen follow links below: RSA41:8 http://www.gencourt.state.nh.us/rsa/html/iii/41/41-8.htm RSA41:9 https://www.gencourt.state.nh.us/rsa/html/iii/41/41-9.htm RSA41:9-a https://www.gencourt.state.nh.us/rsa/html/iii/41/41-9-a.htm RSA41:10-a https://www.gencourt.state.nh.us/rsa/html/iii/41/41-10-a.htm RSA41:11 https://www.gencourt.state.nh.us/rsa/html/iii/41/41-11.htm RSA41:11-c https://www.gencourt.state.nh.us/rsa/html/iii/41/41-11-c.htm RSA41:11-d h1ttps://www.gencourt.state.nh.us/rsa/html/iii/41/41-11-d.htm RSA41:12https://www.gencourt.state.nh.us/rsa/html/iii/41/41-12.htm RSA41:13https://www.gencourt.state.nh.us/rsa/html/iii/41/41-13.htm RSA41:14https://www.gencourt.state.nh.us/rsa/html/iii/41/41-14.htm RSA41:14-a https://www.gencourt.state.nh.us/rsa/html/iii/41/41-14-a.htm RSA41:14-b https://www.gencourt.state.nh.us/rsa/html/iii/41/41-14-b.htm For the Roles, Responsiblities, & LegalAuthorities of the Town Manager follow links below: RSA37:3 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-3.htm RSA37:4 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-4.htm RSA37:5 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-5.htm RSA37:6 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-6.htm RSA37:7 https://www.gencourt.state.nh.us/rsa/html/iii/37 /37-7 .htm JULY19,2021 3
  • 50. Select Board Roles, Responsibilities,& LegalAuthorities 1. RSA41:8 - Selectmen a. The selectmen shall manage the prudential affairs of the town and perform the duties by law prescribed. A majority of the selectmen shall be competent in all cases. The NH Supreme Court set precedent interpreting the scope of the prudential affairs powers: The nature of the duties encompassed in management of"the prudential affairs of the town" has been considered in a number of the earlier cases... "Theparticular duties comprehended within the meaning of the phrase 'prudential affairs' are not easily enumerated." [S}electmen have not been regarded as the general agents of the town, "clothed with the general powers of the corporate bodyfor which they act." "They can only exercise such powers and pe,form such duties as areproperly incident to the special and limited authority conferred on them by their office." They are "empowered to do only such acts as are required to meet the exigencies of ordinary town business. " 2. RSA41:9 - Financial Duties a. The selectmen shall be responsible for establishing procedures to ensure that all funds paid to the town from any department shall be remitted to the treasurer at least on a weekly basis or daily whenever such funds total $500 or more. b. The s,electmen shall transfer all sums of money received and provide an accounting of such to the Town's Treasurer. c. The selectmen shall publish in the Town Report the general fund balance sheet as shown in the audited financial report. d. The selectmen shall be responsible for establishing and maintaining appropriate internal control procedures to ensure the safeguarding of all town assets and properties. 3. RSA41:9-a - Establishment of Fees a. The s,electmen may establish or amend fees or charges. 4. RSA41:10-a Municipal Prosecutors a. The s,electmen of towns or the appropriate appointing authorities are hereby authorized to appoint and compensate one or more qualified members of the New Hampshire bar to serve as municipal prosecutors. 5. RSA41:11 Regulation of Use of Highways a. Unless regulated by the commissioner of the department of transportation as provided in RSA236:1, the selectmen may regulate the use of all public highways, sidewalks, and commons in their respective towns. 6. RSA41:11-c Regulations;BusinessesObtaining Municipal Permits a. The s,electmen may establish regulations relative to businesses obtaining municipal permits. Any person wlho violates a regulation established under this section shall be guilty of a violation.
  • 51. 7. RSA41:11-d Restricting the Watering of Lawns a. The local governing body may establish regulations restricting the use of water from private wells or public water systems for outdoor lawn watering when administrative agencies of the state or federal government have designated the region as being under a declared state or condition of drought. 8. RSA41:12 Removal of Collector, Clerk, or Treasurer a. The selectmen may remove from office any collector of taxes, town clerk, or any treasurer, who, in their judgment, has become insane or otherwise incapacitated to discharge the duties of the office. They may proceed without notice in any case arising under this section. 9. RSA41:13 Report a. At the close of each fiscal year the selectmen shall make a report to the town, giving a particular account of all their financial transactions during the year, and of the financial condition of the town at the close of the year, including a schedule of all its assets and liabilities. 10. RSA41:14 Publication of Reports a. The selectmen shall causetheir report, and those of other town officers required by law to make reports, to be published in pamphlet form at the expense of the town and make the same available to the voters of said town at least 7 days prior to the date of the annual meeting. 11. RSA41:14-a Acquisition or Sale of Land, Buildings, or Both: a. Selectmen shall have the authority to acquire or sell land, buildings, or both. However: The provisions of this section shall not apply to the sale of and the selectmen shall have no authority to sell: a. Town-owned conservation land which is managed and controlled by the conservation commission under the provisions of RSA36-A. b. Any part of a town forest established under RSA31:110 and managed under RSA31:112. c. Any real estate that has been given, devised, or bequeathed to the town for charitable or community purposes except as provided in RSA498:4-a or RSA547:3-d 12. 41:14-b Adoption and Amendment of Town Codes and Ordinances a. Selectmen shall have the authority to establish and amend town ordinances and codes [to include policies]. 13. Other General Authorities of the Board of Selectmen: a. Wam Town Meetings, make bylaws, borrow money, grant licenses, lay out highways, and when needed assessdamages. b. Appoint a Town Manager that may or may not be a resident of the Town. c. Provide direction and supervision of the Town Manager. d. Appoint Deputy Town Clerk, Tax Collector, Deputy Tax Collector, and members to Committees, Commissions, and other Boards. e. Fill temporary vacancies of elected positions until the next Town Meeting.
  • 52. Town Manager Roles, Responsibilities,& LegalAuthorities 1. RSA37:3 Qualifications. of Manager and Authority of Selectmen a. The town manager shall be selected with special reference to his education, training, and experience to perform the duties of his office, and without reference to his political belief. 2. RSA37:4 Oath a. Before entering upon the duties of his office, the town manager shall be sworn to the faithful and impartial performance thereof, and a certificate to that effect shall be filed with the town clerk. 3. RSA37:5 General Authority a. The Town Manager shall be the administrative head of all departments of the town and be responsible for the efficient administration thereof. b. The Town Manager shall have general supervision of the property and businessaffairs of the town and of the expenditure of moneys appropriated by it for town purposes. When a Town adopts the town manager form of government: The legislative body is placing some of the authority that would otherwise be held by the selectmen into the hands of a non- elected official. While the town manager issubject to the general direction and supervision of the selectmen, he or she assumesseveral important duties when appointed. For example, the town manager becomes the administrative head of all town departments and has the authority to hire and fire employees under his or her control and to set their salary. The town manager also has the authority to approve the payment of bills incurred by the departments under his or her supervision. Seebelow for a complete list of the powers and duties of a town manager. 4. RSA37:6 Powers and Duties in Partkular a. The town manager shall have the power and it shall be his duty: i. To organize, continue, or discontinue, from time to time, such departments. ii. To appoint, upon merit and fitness alone, and to remove, all subordinate officers and employees under his control, and to fix their compensation. iii. To attend such regular or special meetings of the selectmen asthey shall require. iv. To keep full and complete records of the doings of his office, and to render to the selectmen an itemized monthly report in writing, showing in detail the receipts and disbursements for the preceding month; and annually, or oftener at the request of the selectmen, to make a synopsis of all reports for publication. v. To keepthe selectmen fully advised asto the needs of the town, within the scope of his or her duties. vi. To furnish the selectmen, on or before the thirty-first day of January of each year a careful, detailed estimate in writing of the probable expenditures of the town government for the ensuing fiscal year, stating the amount required to meet the interest on maturing bonds and notes or other outstanding indebtedness of the town, and showing specifically the amount necessary to be provided for each fund and department; and to submit at the same time an estimate in writing of the amount of income frorm all sources of revenue, exclusive of taxes upon property, and of the probable amount required to be levied and raised bytaxation to defray all expenses and liabilities of the town.
  • 53. vii. For the purpose of enabling the town manager to make up the annual estimate of expenditures, all boards, officers, and committees of the town shall, upon his written request, furnish all information in their possession and submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the fiscal year. viii. To examine or cause to be examined, with or without notice, the affairs of any department under his control, or the conduct of any officer or employee thereof; and for that purpose he shall have accessto all town books and papers, for the information necessaryfor the proper performance of his d1uties. ix. To 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: 1. The management of municipal water works, lighting, and power systems. 2. The construction, maintenance, and repairing of all town buildings and of all town roads, highways, sidewalks, and bridges. 3. The purchase of all supplies for the town. 4. The police and fire departments of the town, if any. 5. The system of sewers and drainage, if any. 6. The lighting of streets, highways, and bridges. 7. The sprinkling of streets and highways, the laying of dust, and the removal of snow. 8. The maintenance of parks, commons, and playgrounds. 9. The care of cemeteries when the town. 10. The letting, making, and performance of all contracts for work done for the town. 11. The town manager shall supersede any board of commissioners or other supervisory officer or officers previously established, elected, or appointed. 12. To administer the poor relief of the town, either directly or through a person or persons appointed. 13. To perform such other duties, consistent with his office. s. RSA37:7 Approval of Vouchers a. The town manager may approve vouchers for obligations incurred by any department of which he hassupervision, and, except during his absence or disability, the selectmen shall not draw orders for the payment of any such obligations without such approval. The selectmen may themselves approve such vouchers, or authorize their approval by some other person, in the event of the absence or disability of the town manager.
  • 54. TOWN OF HAVERHILL MOTION FOR SUMMARY JUDGMENT DEK FOUNDATIONAL AFFIDAVIT EXHIBIT 3
  • 55. Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 1/5 https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville- chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html FEATURED EDITOR'S PICK Robbins Continues Family Tradition, Steps In As Woodsville Chief Paul Hayes phayes@littletonrecord.com Staff Writer Jan 6, 2023 Steve Robbins speaks during a ceremony marking the 20th anniversary of the Sept. 11, 2001, terrorist attacks in Woodsville 2021. He took over as Woodsville Fire Chief on Jan. 1, 2023. (File Photo) 1 of 3 TOWN OF HAVERHILL EXHIBIT 3
  • 56. Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 2/5 WOODSVILLE — Four days after taking over the top spot, Woodsville Fire Chief Steve Robbins led his first response. Woodsville Fire was called out to a fully-involved house fire at 56 South Court St. at 9:40 p.m. Thursday and four residents were successfully evacuated from the two-story building. A man, woman and child safely exited a first-floor apartment while another man jumped from the window of a second-story unit. Because the fire spread so quickly, it was a defensive operation and Woodsville Fire — assisted by departments from Haverhill, Wells River, Bath, Lisbon, Newbury, Groton and Piermont— prevented the blaze from spreading to the surrounding properties. Two vehicles and a camper were also damaged. Three people were treated for minor injuries and one cat perished in the blaze. The building was demolished and the Red Cross was summoned to assist the displaced residents. The cause of the fire remains under investigation. “This was ‘Welcome to the job,’” Robbins said. Although a newcomer as Fire Chief, he is a 40-year department member. He succeeds his brother, Jeff, who served a decade as chief and follows in the footsteps of his father, Bruce, who was Woodsville Fire Chief for nearly a quarter century. “It’s going to be a challenge to fill their shoes and the shoes of [former WFD Chief] Brad Kennedy,” Robbins said.
  • 57. Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 3/5 The Robbins brothers joined WFD when they were 18 years old — Jeff in 1982 and Steve in 1983 — and mark the final generation of the family to serve with Woodsville Fire. Robbins, 57, called it bittersweet. “I’ll be the last of the Robbins name to lead the fire department,” he said. For Robbins, it continues a career of public service. He served 33 years with Woodsville Ambulance, stepping down as the ambulance director to take over as Fire Chief on Jan. 1. He is also an Iraq War veteran and incumbent Select Board member. He plans to run for re-election this year.
  • 58. Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 4/5 Paul Hayes Woodsville Fire has opted to remain independent and not merge with the recently formed Haverhill Fire Department. Last year WFD responded to 114 calls. Moving forward, Robbins expects the department will continue operations as usual. “We’re not looking for any big changes,” he said.
  • 59. Robbins Continues Family Tradition, Steps In As Woodsville Chief | Local News | caledonianrecord.com https://www.caledonianrecord.com/news/local/robbins-continues-family-tradition-steps-in-as-woodsville-chief/article_5328fd15-4b46-5205-a7c8-d3b33d9b22fe.html 5/5 y
  • 60. TOWN OF HAVERHILL MOTION FOR SUMMARY JUDGMENT DEK FOUNDATIONAL AFFIDAVIT EXHIBIT 4
  • 61. 6/29/2021 gencourt.state.nh.us/bill_status/billText.aspx?sy=2021&v=HP&id=533 gencourt.state.nh.us/bill_status/billText.aspx?sy=2021&v=HP&id=533 1/2 SB 26 - VERSION ADOPTED BY BOTH BODIES 03/11/2021 0765s 2021 SESSION 21-0527 06/10 SENATE BILL 26 AN ACT relative to roads within the Woodsville Fire District. SPONSORS: Sen. Giuda, Dist 2; Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Rep. Binford, Graf. 15; Rep. Weyler, Rock. 13 COMMITTEE: Executive Departments and Administration ----------------------------------------------------------------- AMENDED ANALYSIS This bill modifies the law on the operation and funding of the Woodsville fire district and directs that appropriations to the Woodsville fire district shall be as directed by warrant articles duly voted at each annual Haverhill town meeting. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 03/11/2021 0765s 21-0527 06/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty One AN ACT relative to roads within the Woodsville Fire District. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Town of Haverhill; Woodsville Fire District. Amend 1887, 204:3, as amended by 1899, 196:2; 1990, 37:1; and 2009, 147:1 to read as follows: SECT. 3. Said district at each annual meeting shall elect by ballot a moderator, a clerk, one auditor, a treasurer, and three commissioners. All of said officers shall be elected by a majority vote of all the voters present and voting at the annual meeting. Said officers shall exercise in relation to district meetings the like powers to those of moderator, clerk, and selectmen of towns. The commissioners shall have within the district all the powers of the mayor and aldermen of any city respecting highways, sidewalks, and sewers. They shall control and direct the expenditure of all moneys raised under authority of the district and by the town of Haverhill for expenditure in the district. They shall have sole authority to appoint a highway surveyor in said district, and in default of such appointment shall themselves perform the duties of that office. The surveyor or commissioners performing the duties of highway surveyor in the district shall give bond to the town to account for all money coming into their hands, and for the proper care and custody of the property of the town or district which may come into their custody or control, and shall be deemed officers of the town. Nothing in this act shall be construed to impose any distinct or special liability upon the district respecting highways within its limits. Nothing in this section shall preclude the Woodsville fire district from maintaining the roads within the precinct at its own expense. Vacancies that may occur in the office of commissioner in the district shall be filled by appointment of the remaining commissioners or commissioner, but any commissioner appointed to fill a vacancy shall hold office only until the next annual district TOWN OF HAVERHILL EXHIBIT 4
  • 62. 6/29/2021 gencourt.state.nh.us/bill_status/billText.aspx?sy=2021&v=HP&id=533 gencourt.state.nh.us/bill_status/billText.aspx?sy=2021&v=HP&id=533 2/2 meeting. Commissioners shall be residents of the district. [The money appropriated for the distribution of highway funds in the district which is attributable to the town of Haverhill shall be determined by a fraction, the numerator of which shall be the assessed valuation of the properties in the district, and the denominator of which shall be the assessed valuation of the properties in the entire town of Haverhill as determined annually from the town MS-1 form. The town of Haverhill shall appropriate the percentage represented by such fraction for distribution to the highway fund in care of the Woodsville fire district commissioners.] Highway block grant funds shall be distributed in accordance with the department of transportation formula. Any appropriations to the Woodsville fire district shall be as directed by warrant articles duly voted by the voters present and voting at each annual Haverhill town meeting. 2 Financial Audit Requirement. No later than one year after the effective date of section 1 of this act, the Woodsville fire district shall provide financial audits by a certified public accountant approved by the department of revenue administration that is compliant with generally accepted accounting practices (GAAP), of all funds received from the town of Haverhill and all other sources including state and federal funds, and of all funds expended by the fire district, for each calendar year commencing January 1, 2015 to the effective date of section 1 of this act, as directed by the department of revenue administration. The department of revenue administration shall approve the scope of the audit and shall receive monthly updates from the certified public accountant and the Woodsville fire district on the status of the audit while it is in progress. The results of the audit shall be published on the town of Haverhill website within 60 days of delivery by the certified public accountant to the Woodsville fire district and the department of revenue administration. The audit shall be at the expense of the Woodsville fire district. Reimbursement of any expenses related to the audit incurred by the department of revenue administration shall be in accordance with the provisions of RSA 21-J:22. The department of revenue administration may levy a fine of $250 per day against the Woodsville fire district for every day of noncompliance with this act beyond one year from the effective date of this act. The commissioner may waive such fine at his or her discretion, subject to the good faith efforts of the Woodsville fire district to comply with all relevant laws and the provisions of this act. 3 Effective Date. This act shall take effect upon its passage.
  • 63. TOWN OF HAVERHILL MOTION FOR SUMMARY JUDGMENT DEK FOUNDATIONAL AFFIDAVIT EXHIBIT 5
  • 64. Town of Haverhill Select Board Meeting MINUTES Monday, February 7, 2022, at 6:00 PM R. E. Clifford Memorial Building 65 South Court St. Woodsville, NH 03785 Or on ZOOM 1 Call to Order: The meeting was called to order at 6:00 PM by Fred Garofalo, Chair. Select Board Attendance: Matthew Bjelobrk (Here), Steve Robbins (Here), Howard Hatch (Here), Fred Garofalo (Here), Mike Graham (Here; online). A quorum was met. Town Employees Present: Town Manager (TM): Brigitte Codling Assistant Town Manager (ATM): Jennifer Boucher Financial Officer: Karen Noyes Members of the Public Present: In Person Joe Longacre Darwin Clogston Robert St. Pierre Regis Roy Colton Grant Richard Guy Karen Noyes Chris Cadreact Chief David Appleby Online Mike Lavoie Tom Mangels Joanne Young Carol Norcross Meg Trogolo Gary Scruton Ron DeRosia Kathleen Vasconcelos Dawn Lavoie Matthew Bjelobrk David Joslin PLEDGE OF ALLEGIANCE PUBLIC HEARING MOTION #1: Garofalo made the motion and Bjelobrk seconded the motion to go into a Public Hearing at 6:05 PM. Roll Call Vote: Matthew Bjelobrk (Aye), Steve Robbins (Aye), Howard Hatch (Aye), Fred Garofalo (Aye). The motion passed unanimously. Garofalo announced that the Board will review the Proposed Budget section by section, and questions will be taken on each item from the Select Board or the public. TOWN OF HAVERHILL EXHIBIT 5
  • 65. 2 2022 PROPOSED OPERATING BUDGET Executive Attendee: An attendee asked what Professional Services indicated. TM Codling responded that it refers to the design and engineering of large projects. Town Administration Attendee: An attendee asked how many employees the Town has. Town Meeting No questions or comments. Trustees & Trust Funds No questions or comments. Town Clerk No questions or comments. Elections No questions or comments. Accounting & Auditing No questions or comments. Property Records No questions or comments. Tax Collection & Property No questions or comments. Treasurer No questions or comments. Information Technology Attendee: An attendee asked if the combined phone cost is less expensive than separate services. TM Codling noted that this includes all phones in all Town facilities. Revaluation of Property No questions or comments. Legal Expense No questions or comments.
  • 66. 3 Benefits Not Otherwise Allocated Regis Roy: Roy asked about employees paying part of their insurance. TM Codling replied that they are looking into that option. Attendee: An attendee asked how many employees there are. TM Codling replied that there are 28. Planning Board No questions or comments. Zoning Board No questions or comments. Maintenance Department Regis Roy: Roy asked about the Seasonal Employee pay. TM Codling noted that the Town is looking for a maintenance assistant rather than a seasonal employee. Robert E. Clifford Memorial Building Attendee: An attendee asked about the Repairs and Maintenance line item for $50,000. Robbins responded that it was for parking lot paving. James R. Morrill Building No questions or comments. Haverhill/Bath Covered Bridge No questions or comments. Center Haverhill Armory Attendee: An attendee asked about the Repairs and Maintenance costs. TM Codling noted that renovations have begun on the office space. A.P. Pool No questions or comments. Hazen Park No questions or comments. Railroad Park Roy: Roy asked about the $2000 for the caboose repairs. Highway Garage No questions or comments. Trails
  • 67. 4 Attendee: An attendee asked about which trails, and TM Codling responded that it refers to the Blackmount Trail for resurfacing and installing benches along the trail. Joe Longacre: Longacre asked about the electricity component. TM Codling replied that they are considering putting in solar lighting along the remote sections of the trail. Attendee: An attendee asked why money is going into the trial now. TM Codling has been receiving requests for the trail to be leveled. Cemeteries No questions or comments. Insurance Not Otherwise Allocated No questions or comments. Regional Associations The Board discussed North Country Council. Business Park No questions or comments. Police Department Attendee: An attendee asked for the number of officers in the department. Chief Appleby responded that the department has two detectives and three officers. Ambulance No questions or comments. Fire Services No questions or comments. Town Fire Department No questions or comments. Fire Stations No questions or comments. Emergency Management Roy: Roy asked what needed cleaning up. TM Codling responded that was funds for a demolition. Airport Attendee: An attendee asked about airport revenues. ATM Boucher discussed the known grants that are listed on the revenue page. TM Codling discussed additional airport grants available in 2022.
  • 68. 5 Highway Department Attendee: An attendee asked about funds for Woodsville. TM Codling responded that it would be an emergency expenditure from the Town fund balance. Sanitation No questions or comments. Sewer Pump Station & Sewer Line Robbins: Robbins asked about user fees covering costs. ATM Boucher stated that there is a line item in revenues for Sewer Revenues. Health Officer Attendee: An attended asked about the costs related to professional services. TM Codling replied that those services were for the hazmat removal and mitigation of the debris and soil at a demolition site. Discussion continued. Animal Control No questions or comments. General Assistance ATM Boucher: ATM Boucher noted that the salary of the welfare Administrator was offset in 2021 by ARPA funding. Discussion continued. Parks & Recreation Department REC Administration Roy: Roy asked about Rec staff wages. A.P. Pool Staff Garofalo stated that this does not exist for the Rec Department. REC HARP Staff Roy: Roy asked about the programs with paid staff. REC A.P. Pool Operations Garofalo stated that this does not exist for the Rec Department. REC HARP Operations No questions or comments. REC Railroad Park Operations No questions or comments. REC All Other
  • 69. 6 No questions or comments. Libraries No questions or comments. Patriotic Purposes No questions or comments. Conservation Commission Bjelobrk: Bjelobrk asked for a breakdown of the costs. Economic Development Attendee: An attendee asked about the long-range economic development in Haverhill. TM Codling noted that the sewer system is the primary focus before any increase economic development goals. ATM Boucher mentioned that Master Plan, which is in process with the Planning Board. TM Codling discussed the economic impact zones in downtown Woodsville with tax reductions for businesses that create jobs. Debt Service Darwin Clogston: Clogston asked about the interest on the TAN note. Financial Officer Karen Noyes replied that it was approximately $3,500. Discussion continued. Capital Outlay Garofalo stated that the $125,000 was for a Highway Department vehicle. Discussion: • A question from an online attendee was asked about the $91,000 in insurance under Unallocated Insurance. ATM Boucher discussed the loss of property liability per department budget and the insertion of those costs into one account. Discussion continued. • An attendee asked if the Highway and Police Departments are fully funded. TM Codling replied that the Highway Department is staffed with five employees, and the Police Department budget does not include a patrol office salary. 2022 WARRANT ARTICLES Garofalo read the warrant articles in entirety and can be found at Article 01 Election of Officials To choose by non-partisan ballot Two (2) Selectmen for a term of three (3) years each; One (1) Trustee of Trust Funds for a term of Three (3) years; One Supervisor of the Checklist of a term of Six (6) years; a Town Moderator for a term of Two (2) years; and a Treasurer for a term of Three (3) years. Article 02 Acceptance of Annual Reports
  • 70. 7 To hear the reports of the Selectmen, Town Manager, Treasurer, Cemetery Commissioners, Airport Commissioners, Recreation Commissioners, Conservation Commissioners, and any other Town officers and committees heretofore chosen and pass any vote relating hereto. Article 03 Appointment of Advisory Budget Committee To see if the Town will vote to authorize the Town Moderator to appoint an Advisory Budget Committee to review the Town Manager’s preliminary budget and present to the Select Board their recommendations as to any modifications thereto. Discussion: Clogston: Clogston asked if there was a Budget Committee this year, and Garofalo responded that there was not. TM Codling noted that the entire warrant was voted down last year, which prevented a Budget Committee from operating. Article 04 Operating Budget To see if the Town will vote to raise and appropriate the sum of Four Million Two Hundred Fifty-Four Thousand Four Hundred Eighty-Six Dollars ($4,254,486) for general municipal operations. This article does not include special or individual articles addressed separately. The Select Board recommends this article (5-0). (Majority vote required). The tax impact of this article will be $5.0636 per $1,000. Article 05 Buildings CRF To see if the Town will vote to raise and appropriate the sum of Twenty Thousand Dollars ($20,000) to be added to the Buildings Capital Reserve Fund previously established. The Select Board recommends this article (5-0). (Majority vote required). The tax impact of this article will be $0.0484 per $1,000. Article 06 Fire Vehicle CRF To see if the Town will vote to raise and appropriate the sum of Twenty Thousand Dollars ($20,000) to be added to the Fire Vehicle Capital Reserve Fund previously established. The Select Board recommends this article (5-0). (Majority vote required). The tax impact of this article will be $0.0484 per $1,000. Discussion: Online attendee: An online attendee asked if this is the same article that requested a public safety building. TM Codling replied that the Town never created a warrant for a public safety building. Discussion continued. Article 07 Cellular/Broadband CRF To see if the Town of Haverhill will vote to raise and appropriate the sum of Fifteen Thousand Dollars ($15,000) to be added to the Cellular/Broadband Capital Reserve Fund previously established. The Select Board recommends this article (5-0). (Majority vote required). The tax impact of this article will be $0.0363 per $1,000. Discussion:
  • 71. 8 Attendee: An attendee asked if this was a new Capital Reserve Fund. TM Codling noted that in 2020 the Town voted to create this fund, and a portion was used to create the WiFi services in Woodsville. Discussion continued. Article 08 Create Parks & Recreation Facility Development CRF To see if the Town will vote to establish a Parks & recreation Facility Development Capital Reserve Fund under the provisions of RSA 35:1 for expansion and development of recreation facilities within the Town and to raise and appropriate the sum of Five Thousand Dollars ($5,000) to be placed in this fund. Further, the name the Board of Selectmen as agents to expend from said fund. The Select Board recommends this article (5-0). (Majority vote required). The tax impact of this article will be $0.0121 per $1,000. Article 09 Create a Police Vehicle CRF & Name Agents To see if the Town will vote to establish a Police Vehicle Capital Reserve Fund under the provisions of RSA 35:1 for the future purchase of police vehicles and to raise and appropriate the sum of Twenty Thousand Dollars ($20,000) to be placed in this fund. Further, the name the Board of Selectmen as agents to expend from said fund. The Select Board recommends this article (5-0). (Majority vote required). The tax impact of this article will be $0.0484 per $1,000. Article 10 Lease/Purchase Highway Dump Truck To see if the town will vote to authorize the selectmen to enter into a three (3) year lease/purchase agreement in the amount of One Hundred Ninety Nine Thousand Eight Hundred Ninety Three Dollars ($199,893) for the purpose of leasing a new highway dump truck, and to raise and appropriate the sum of Sixty-Six Thousand Six Hundred and Thirty-One Dollars ($66,631) for the first year's payment for that purpose and to further approve the annual lease payment of Sixty-Six Thousand Six Hundred and Thirty-One Dollars ($66,631) to be included in the 2023 and 2024 operating budget. This lease agreement contains an escape clause. The Select Board recommend this article (5-0) (Majority vote required) The tax impact for this article will be $0.1612 per $1,000. Discussion: Attendee: An attendee asked about the escape clause for lease agreements. Article 11 Purchase Haverhill Police Vehicle To see if the town will vote to raise and appropriate the sum of Thirty-Four Thousand Four Hundred Dollars ($34,400) for the purpose of purchasing a new police vehicle. Funding to come entirely from unassigned fund balance. No funds to be raised through taxation. The Select Board recommends this article (5-0) (Majority vote required) The tax impact for this article will be $0.0000 per $1,000. Article 12 Purchase Haverhill Police Vehicle To see if the town will vote to raise and appropriate the sum of Thirty-Four Thousand Four Hundred Dollars ($34,400) for the purpose of purchasing a new police vehicle. Eighteen Thousand Eight Hundred Dollars ($18,800) to from unassigned fund balance and Fifteen Thousand Six Hundred ($15,600) to come from a NH State Locality Equipment Purchase
  • 72. 9 Program Grant. No funds to be raised through taxation. The Select Board recommends this article (5-0) (Majority vote required) The tax impact for this article will be $0.0000 per $1,000. Article 13 Purchase Haverhill Police Vehicle To see if the town will vote to raise and appropriate the sum of Thirty-Four Thousand Four Hundred Dollars ($34,400) for the purpose of purchasing a new police vehicle. Funding to come entirely from a NH State Locality Equipment Purchase Program Grant. No funds to be raised through taxation. The Select Board recommends this article (5-0) (Majority vote required) The tax impact for this article will be $0.0000 per $1,000. Discussion: Attendee: An attendee asked about the methods for purchasing a cruiser for the Police Department. ATM Boucher stated that three cruisers are proposed to be purchased with different methods – from a grant, with ARPA funds, and using the fund balance. Discussion continued. Attendee: An attendee asked about the purchase program for police vehicles. TM Codling noted that these three purchases will begin a police vehicle rotation program. Discussion continued. Attendee: An attendee asked about the tax impacts of the use of the fund balance. Article 14 Purchase Maintenance Vehicle To see if the town will vote to raise and appropriate the sum of Fifty Thousand Dollars ($50,000) for the purpose of purchasing a new vehicle for the Maintenance Department. Funding to come entirely from unassigned fund balance. No funds to be raised through taxation. The Select Board recommends this article (5-0) (Majority vote required) The tax impact for this article will be $0.0000 per $1,000. Discussion: TM Codling and ATM Boucher discussed use and replenishment of the fund balance. Article 15 Discontinue a Portion of Airport Road To see if the Town will vote to discontinue the portion of Airport Road that was closed to mitigate aviation obstruction issues cited by the FAA and Bureau of Aviation, instead of moving forward with a construction project to move this section of Airport Road. Moving the road would require the Town to purchase private property adjacent to the existing roadway. The Select Board recommends this article (5-0) (Majority Vote Required) Discussion: Roy: Roy asked if there was any feedback of the road closing. TM Codling noted that a few residents on Airport Road notified the Airport Manager that they are enjoying having no traffic on the road. 2022 PETITIONED WARRANT ARTICLES Article 16 Petitioned - Lease/Purchase Highway Backhoe To see if the town will vote to authorize the Select Board through its Town Manager to enter into a three (3) year lease/purchase agreement in the amount of One Hundred Forty Five Thousand
  • 73. 10 Five Hundred Eighty-Severn Dollars ($145,587) for the purpose of purchasing a new Caterpillar 420XE wheeled loader backhoe; and to raise and appropriate the sum of Forty Eight Thousand Five Hundred and Twenty Nine Dollars ($48,529) for the first year's payment on the three (3) year lease/purchase agreement. The lease purchase agreement will contain an escape clause; and to further approve the annual payment of the lease/purchase to be included in the 2023 and 2024 operating budget in the amount of Forty-Eight Thousand Five Hundred and Twenty-Nine Dollars ($48,529). The Select Board recommends/does not recommend this article (#-#). (Majority vote required) The tax impact for this article will be $0.1174 per $1,000. Discussion: Online attendee: An online attendee commented that the backhoe article was declined by the Select Board, and a petition was submitted to include this article on the warrant. Clarification was made that the motion by the Select Board failed with a 2-2 vote. Article 17 Petitioned - Court Street Arts To see if the town will vote to raise the sum of Seven Thousand Five Hundred Dollars ($7,500) to support the Court Street Arts at Alumni Hall cultural programming of Haverhill Heritage, Inc. & the Wentworth Brown House. The Select Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for this article will be $0.0181 per $1,000. Article 18 Petitioned - Ammonoosuc Community Health Services To see if the Town will vote to raise and appropriate the sum of Six Thousand Five Hundred Dollar ($6,500) for Ammonoosuc Community Health Services, Inc. (ACHS). The Select Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for this article will be $0.0157 per $1,000. Article 19 Petitioned - Horse Meadow Sr Center & ServiceLink To see if the Town will vote to raise and appropriate the sum of twenty-four thousand dollars ($24,000.00) to Grafton County Senior Citizens Council, Inc. through the Horse Meadow Senior Center and the ServiceLink Resource Center for services for Haverhill residents. The Select Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for this article will be $0.0581 per $1,000. Article 20 Petitioned - Good Shepherd Ecumenical Food Pantry Shall the town vote to raise and appropriate the sum of Four Thousand Five Hundred and Eighty- Five Dollars ($4,585) for the Good Shepherd Ecumenical Food Pantry, which represents one dollar per capita based on the 2020 census. The Select Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for this article will be $0.0111 per $1,000. Article 21 Petitioned - Court Appointed Child Advocates (CASA) To See if the Town will vote to raise and appropriate the sum of Five Hundred Dollars ($500) to Court Appointed Child Advocates (CASA) for service to Haverhill families. The Select Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for this article will be $0.0012 per $1,000.
  • 74. 11 Discussion: Clogston: Clogston asked about the services for Haverhill families. TM Codling noted that CASA serves Haverhill, but will have to research how many families. Attendee: An attendee asked why so small amount requested. TM Codling replied that what they request is up to the organization. Article 22 Petitioned - WISE To see if the Town will vote to raise and appropriate the sum of Five Hundred Dollars ($500.00) to support the mission of WISE providing 24-hour crisis support services and advocacy to victims of domestic and sexual violence and stalking. The Select Board recommends/does not recommend this article (#-#) (Majority vote required) The tax impact for this article will be $0.0012 per $1,000. Discussion: TM Codling: TM Codling reported that 2021 fiscal year, WISE, 24-hour crisis line, supported seven Haverhill residents and possibly more. Article 23 Petitioned - Visiting Nurse and Hospice of VT & NH Shall the Town vote to raise and appropriate the sum of Six Thousand Dollars ($6,000) to help support the home health, maternal and child health, and hospice care provided in patients' homes and in community settings by Visiting Nurse and Hospice for VT and NH. The Select Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact for this article will be $0.0145 per $1,000. Article 24 Petitioned - Tri-County Community Action Program Shall the town vote to raise and appropriate the sum of Nine Thousand One Hundred and Twenty-Five Dollars ($9,125.00) to help support the operation of Tri-County Community Action Program, Inc. service programs in Haverhill: Transportation, Energy Assistance, Weatherization, Guardianship, Head Start, Homeless Intervention and Prevention, Disaster Relief, Tamworth Dental Center. The Select Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact of this article will be $0.0221 per $1,000. Article 25 Petitioned - Second Chance Animal Rescue To see if the town will vote to authorize the selectmen to raise and appropriate the sum of Two Thousand Five Hundred Dollars ($2,500.00) for Second Chance Animal Rescue of Littleton, NH, a 501c3 not-for-profit animal rescue that has been removing feral cat colonies within the Town of Haverhill for over a decade, to help defray the costs associated with this essential work that contributes to the health and wellbeing of our town. The Select Board recommends/does not recommend this article (#-#) (Majority Vote Required) The tax impact of this article will be $0.0060 per $1,000. Article 26 Petitioned - No. Country Home Health & Hospice To see if the Town will vote to raise and appropriate the sum of Fifteen Thousand Dollars ($15,000) for the purpose of supporting North Country Home Health. The Select Board