Executive Council Briefed On Federal Shutdown | Caswell Resigns | Liot Hill Says Right-To-Know Law Violated

By PAULA TRACY, InDepthNH

HOLLIS, NH — Impacts to the state from the federal government shutdown and the region's continued drought were discussed by the state's Executive Council with department heads Wednesday when it met at Fulchino Vineyard in Hollis.

The council accepted the resignation of Taylor Caswell of Littleton as commissioner of the Department of Business and Economic Affairs effective Oct. 17.

An estimated 10,000 state residents have been impacted by the federal government shutdown and many of those will be working as essential workers without a paycheck until the federal government gets congressional authority for funding.

Department heads said the state can withstand the impacts on programs for at least a month or so with money already in hand, but if the shutdown drags on it could have particular impact on some programs, including the federal food programs for children and women.

Gov. Kelly Ayotte said all department heads have been looking at the impacts of the shut down. She said she hoped that it would end - and it would - if those in Washington did their job. She also addressed the shutdown at a press conference after the meeting. (See related story here)

Executive Councilor David Wheeler, R-Milford, hosted Wednesday's meeting as its final summer "Road Show" meeting across the state.

RIGHT-TO-KNOW ISSUE

Executive Councilor Karen Liot Hill, D-Lebanon, pressed Attorney General John Formella on an incident in which she said a majority of the state's Executive Council met in a non-public setting and asked a department head to withdraw a contract request, which she said was done in violation of the state's open meeting law.

Liot Hill said three Executive Councilors, a majority, sent a joint letter to the Commissioner of Health and Human Services directing her to remove an agenda item regarding the rural health transformation action.

Liot Hill peppered Formella about the matter and he declined to answer most of her questions.

After the meeting, Liot Hill said in an interview she was a Lebanon City Councilor for 20 years and is very familiar with the right-to-know law, RSA 91-A.

"Making sure that we elected officials are doing our business in the public eye and that the public not only sees us take the votes but that also they get to hear us raise concerns, ask questions and explain why we are voting certain ways. When you have a quorum of a body, when you have a majority of a body which is meeting outside the public eye and having discussions, then the public doesn't benefit from that. And when you have three people, a majority of the five-member body telling a commissioner what to do, or expressing their opinion about an idea, that really bypasses the whole public process. These kinds of discussions are supposed to happen in public. Select Boards, City Councils, all have to follow the rules. The Executive Council has to follow that too," Liot Hill said.

During the meeting Formella said, "I can see where your questioning is going and I am not going to get into public commentary on legal advice I may give someone."

"It is more appropriately handled as legal advice," Formella said.

She said every public body needs to comply with the law and so should the five-member council.

"This lack of transparency violates the spirit and the letter of the right-to-know law and jeopardizes public trust in the actions of the Executive Council. General, I ask that you brief the Executive Council on the New Hampshire right-to-know law to prevent future violations," Liot Hill said.

Formella said "we will certainly provide guidance on issues like that."

But Formella said the application of the law is unique to the governor and council process and is "very different in my view from the way it applies to other public bodies. Because the Executive Council is a Constitutional body. And when you apply any state statute to a constitutional body you have to really look at how that statute can apply and fit with what I think is the independence and the unique nature that attaches to a Constitutional body."

Formella said the law does not necessarily apply as it does to other public bodies. Formella said he will work to provide guidance as necessary on an advisory basis.

CASWELL BOWS OUT

Nominated for a third term by Ayotte, Caswell's nomination was withdrawn at the last minute in July by the governor.

She told the press after that meeting in Pittsburg that it was apparent that there were not enough votes to support confirmation. Executive Councilors Joe Kenney, R-Wakefield, John Stephen, R-Manchester and Wheeler opposed a third-term though Caswell was supported by Liot Hill and Janet Stevens, R-Rye.

Caswell, who is well regarded by many in the state's business community, was key to recovery efforts from COVID-19 and launched the $100 million Invest NH program. He has been involved in trade issues with Canada and just returned from Quebec and Nova Scotia with Ayotte, who supported him for another term.

Ayotte thanked Caswell for his years of service to the state as did Stevens and Liot Hill.

By law, he could have remained in holdover status for six months without a vote. In a statement, Liot Hill said Caswell has served the people of New Hampshire with distinction.

"As the state’s first Commissioner of Business and Economic Affairs, he built a new department that has guided hundreds of millions of dollars in strategic investments — strengthening housing, broadband, tourism, and workforce development across the state.

"He also led the Governor’s Office for Emergency Relief and Recovery during the pandemic, overseeing the transparent distribution of over a billion dollars in federal relief funds to families, small businesses, and communities.

"A native of Littleton, Commissioner Caswell has been a steadfast advocate for the North Country — supporting broadband expansion, infrastructure upgrades, outdoor recreation, and the forest-products industry that sustains local jobs. His leadership, integrity, and steady hand have strengthened our state and left a lasting mark on New Hampshire’s economy and communities. His departure is unnecessary, preventable, and a great loss for our state," Liot Hill said.

UNPRECEDENTED WATER DROUGHT

At the meeting, Ayotte signed an outside fire ban statewide due to the severe drought and said she continues to be concerned about the safety of the state's forests as the drought continues.

More than 80 communities have issued water restrictions, said Rene Pelletier, director of the water division within the Department of Environmental Services.

Commissioner of DES Robert Scott said he is hearing of wells going dry, and there is not a lot of relief in sight immediately in the forecast.

The White Mountain National Forest has also issued a fire ban for all but those with metal rings at developed campground areas.

Patrick Hackley, director of Forests and Lands, said the state has not had meaningful rain since July and the state and region are facing an unprecedented drought not seen in 130 years of recorded data.

He said all outside fires are now prohibited with the exception of campfires and established campsites which are inside metal fire rings.

New Hampshire is the second most forested state in the nation though it has been resistant to wildfires in the past, but Hackley said these are times when that could be tested and is unknown.

He said a federal helicopter which can spray more than a thousand gallons of water or retardent is stationed in Lebanon if a wildfire breaks out.

Ayotte had preliminarily announced such a ban but apologized to the Executive Council saying that she did not realize the council had to approve such action before it was taken.

WINTER HEATING ASSISTANCE

The council also approved more than $25 million for winter heating assistance which will be funneled through regional Community Action Programs and also approved funds to expand the Office of the State Medical Examiner at Concord Hospital.

MEETING AT FULCHINO VINEYARD

The breakfast meeting was hosted by Al and Susan Fulchino and there was a presentation by David Rousseau, director of pesticide control within the division on Integrated Pest Management and from David Priebe, state apiarist on pollinators and threats to pollinators.

COMMISSIONER QUINN HONORED FOR HIS 40 YEARS OF SERVICE TO NH

Though he is not retiring, Commissioner of Safety Robert Quinn was surprised as Ayotte read a proclamation honoring his 40 years of service to the state during the meeting Wednesday. It was noted that he first started working as a lifeguard at Hampton Beach. Attending the event was his wife, Teresa, and a daughter.

This article first appeared on InDepthNH.org and is republished here under a Creative Commons license.