Detractors and distracters make claims that the drama surrounding Gunstock are driven by my desire for control of the Area. This nonsense is just screeching by the outrage mob. My desire is simple; good governance.
When commissioner Gallagher resigned I hoped that action might smooth out the turbulence of governance at the Gunstock Area Commission (GAC). It was not that Gallagher was the cause of the problems, but it provided an opportunity to replace him with an individual whom would not be influenced by power seekers.
With Gallagher’s resignation the position opening was advertised in the local newspaper seeking applicants. Shortly after the advertisement started running, I received an email from the county administrator.
Noting this error I publicly acknowledged the error in a letter to the editor of The Laconia Daily Sun.
incorrectly states the position will be a five year term. This is my error. While the delegation has in the past filled a vacancy for a five year term, the enabling statute is clear that the vacancy is to be filled for the remainder of the vacant term. I apologize for that error.
Chapter law 399 of 1959 is the enabling statute of the GAC. Short of much controversy it is primarily of interest to the GAC. Now that all eyes are on Gunstock my past error is going to receive plenty of attention.
Back in 2020, with issues of viruses filling the news, the delegation voted to replace commissioner Nix with Rusty McLear. As it was the last year of Nix’s term, I misunderstood that we could appoint for a full 5 years. Why bother filling a position for 5 months?
Interestingly, as Hepburn points out, commissioner Kiedaisch asked about McLear’s term in October of 2020. Why did he ask about that?
He asked because he had read Chapter law 399. He knew that the law only allowed the appointment to fill the remainder of the Nix term.
Did he share that knowledge? No.
Did he think that an opinion of a representative would trump the law? If so, that little bit of deception by omission is about to bite him.
An honest chairman of the GAC would have shared this information and asked for the reappointment of McLear. And the delegation, with the power of appointment, could have simply reappointed McLear without going through advertising for a replacement. Why would we bother seeking new candidates after such a short time. Nothing in the statute requires the formality of taking applications.
This foolish maneuver on the part of Kiedaisch now puts in question every vote of McLear since his term, by law, ended in November of 2020.
GAC is scheduled to have an emergency meeting today, March 11, 2022. While not on their agenda, they should seek to have the delegation fill the seat vacated by law in November of 2020.