Demand for Accountability: Why the NH Attorney General Must Investigate Newmarket’s Crimes

By Jefffrey Thomas Clay

For years, the Town of Newmarket and its attorneys at Donahue, Tucker & Ciandella, PLLC have engaged in conduct that cannot be dismissed as “mere legal strategy.” The evidence shows a pattern of deception, concealment, and misuse of public funds that amounts to criminal wrongdoing under New Hampshire law.
The time has come for the New Hampshire Attorney General to act.

The Alleged Crimes

The actions of Newmarket officials and their attorneys implicate numerous provisions of New Hampshire’s criminal code:
RSA 91-A (Right-to-Know Law) – Repeated violations by withholding public records, misusing exemptions, destroying or concealing documents, and conducting unlawful secret meetings.

RSA 640:2 (Bribery) & 640:3 (Improper Influence) – Using taxpayer money in “settlement” arrangements designed to silence a citizen and block public-records requests.

RSA 641:1–3 (Perjury, False Swearing, Unsworn Falsification) – Filing and making false statements before the RTK Ombudsman, Superior Court, and Supreme Court regarding the existence and scope of public records.

RSA 641:7 (Tampering with Public Records/Information) – Altering or suppressing official records, including meeting minutes and emails, to avoid disclosure.

RSA 642:1 (Obstructing Government Administration) – Interfering with lawful RTK enforcement and court proceedings by misrepresenting facts and abusing procedural rules.

RSA 643:1 (Official Oppression) – Public officials knowingly denying a citizen’s lawful rights under color of authority.

The $60,000 Fraud

Perhaps the most egregious fact is this: approximately $60,000 of Newmarket taxpayer funds have been misappropriated to perpetuate fraud upon the courts.

Instead of serving the public, these funds were used to:
Pay attorneys to concoct false privilege claims;

Finance litigation tactics designed to conceal public records;

Defend unlawful settlements meant to silence a citizen rather than confront the truth.

This is not just wasteful spending. It is a misuse of public money to obstruct justice and deceive tribunals, in violation of both state law and public policy.

Why This Matters

This case is not about one citizen’s grievance. It is about whether government officials and attorneys can openly:
Use taxpayer funds to cover up misconduct instead of disclosing public records;

Lie to oversight bodies and courts to win cases and suppress accountability; and

Punish those who exercise their constitutional rights to demand transparency.

If these crimes go uninvestigated, the precedent is dangerous: every town in New Hampshire could simply buy off challenges, destroy or conceal documents, and lie to courts without fear of consequence. That outcome would destroy the very foundation of Part I, Article 8 of the New Hampshire Constitution, which guarantees government accountability to the people.

The Call to Action

The Attorney General must open a full criminal investigation into the conduct of:
Steven Fournier, Town Manager of Newmarket;

Members of the Newmarket Town Council;

Attorneys Christopher Hawkins, John Ratigan, Briana Matuszko, and William Warren of Donahue, Tucker & Ciandella, PLLC.

This investigation must include subpoenas for all withheld emails and documents, sworn testimony, and a determination of whether indictments are warranted under RSA 91-A, RSA 640, RSA 641, RSA 642, and RSA 643.

Conclusion

Transparency and honesty in government are not optional. They are the lifeblood of a functioning democracy. When public officials and attorneys conspire to withhold records, falsify statements, and misuse $60,000 in taxpayer funds to commit fraud upon the courts, they commit crimes against every citizen of New Hampshire.
The people deserve answers. The Attorney General must act—not tomorrow, not next month, but today.