September 8th Primary

Vote Mike Sylvia

We are counting down the days until the primary and there is good news to report; there are currently no active cases of COVID-19 reported in Belmont by NH Department of Health and Human Services. If you have symptoms of the virus it is best to vote absentee or wear a mask and wash your hands if you go to the polls. The WHO reports “SARS-CoV-2 transmission appears to mainly be spread via droplets and close contact with infected symptomatic cases.”

We should remain vigilant to risk associated with COVID-19 but we do not need to live in fear. I’ll see you Tuesday at the Belmont High School between 7 a.m and 7 p.m.

Vote Mike Sylvia

Endorsed by AFP-NH

Rep Mike Sylvia

I’m honored to be included with Governor Sununu in AFP-NH’s first list of endorsed candidates. With your support and vote on September 8th in the Republican primary I’ll have the opportunity to continue my work in Concord.

“The conservative, pro-free-market group Americans for Prosperity-New Hampshire is making its first-ever endorsements in political races, backing Gov. Chris Sununu and former Executive Councilor David Wheeler, along with five state House members who are seeking reelection and one former lawmaker looking to return to the House.”

NH Primary Source

Seeking Re-election

Fresh new state representatives Chuck Fink and Mike Sylvia

In 2012 I was recruited to run for office to serve as state representative for Belmont. At the time, the filing period had closed and Republicans had no candidates for both seats. I was convinced to run, and had the good fortune to meet Dr. Chuck Fink. Together we ran a write-in campaign for the primary election that September. We both shared a desire for a limited government as was beautifully documented in our constitutions. On primary day hundreds of people made the effort to write-in Fink and Sylvia. We went on to win in November, serve the people of Belmont, and become good friends.

This year Republicans are fired up. The past two years with Democrats controlling the house and senate in Concord have shown us what happens when Republicans sit out an election, and that’s not happening this year. The only thing that saved the state from becoming Massachusetts North was the governor and his willingness to risk writer’s cramp vetoing that landslide of horrible legislation.

I am running to serve my fifth term in Concord to continue to hold the line against those seeking to expand government. Over the past 8 years I have gained an in depth knowledge of the legislative process in Concord and I will put it to good use for the citizens of Belmont.

Many new state representatives learn what a county delegation is, only after their election. The primary function of the delegation is appropriating funds required for county operations. Learning the ins and outs of the county budget took a few years. I can now confidently say I know it very well. I consider every dollar spent by the county to be a dollar taken from the person with the least to give. To say I take it seriously is an absolute truism.

Having seen many come and go through the seats in Concord, one thing is clear; those who get re-elected do so because they are true to their word. People may disagree on points here and there but when your actions match your words they cannot question your integrity. I believe I meet this standard.

In 2012 the people of Belmont took a leap of faith on an unknown man willing to make a commitment. In 2018 the Belknap County delegation made me their chairman. On September 8th I ask for your support and your vote in the Republican primary.

If you’re not having fun, you’re doing it wrong.

Abuse of Power

In democracy minorities are slaves.

Our NH Constitution is the foundation of our republic, without it we would have no state government. Part I of this fundamental document speaks not about the government, but of the rights reserved to the people which are not necessary to the operation of a government. The process of establishing the state government, and assigning only those powers necessary, is outlined in Part II. The reservation of rights in Part I is commonly called the bill of rights.

Part I, [Art.] 8. All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.”

If we place that in the context of rights reserved by the people, we can see that government should have no secrets. We can observe the qualification ‘unreasonably restricted’ and understand this to be a very high hurdle.

The statutes set the law enforcing Part I, Art. 8 in chapter 91-A, also called our ‘right to know’ law. It starts with a preamble: “Openness in the conduct of public business is essential to a democratic society. The purpose of this chapter is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people.” Greatest possible access!

The House of Representative also incorporates this noble goal in its rules: “110. Open Meetings. All meetings of any committee of the House and Senate shall be open to the public subject to the provisions of N.H. RSA 91-A.”

With all of this as background, the House will again be meeting away from our historic chamber, away from public view. You see our temporary accommodations in Durham excludes the public from the arena. The substitute for the gallery is a computer screen. The view for the public is selected by a camera operator. Interaction between the representatives and the public is eliminated. Greatest possible access?

Were this this worst violation of the people’s rights, that would be bad enough. It does get worse; public hearings on tremendous mash-ups of legislation were cobbled together in the senate. Did the public have access to their senators in that process? Was it a meaningful public hearing? Was the public heard?

The majority in the House has shown its disregard for the constitution, the statutes, and their own rules. Twice this year alone they ignored the rules and when the Speaker was challenged, they demonstrate the evil of pure democracy; might makes right. They are happy to toss away any glimmer of principles and deprive the minority of the justice found in a republican form of government. When challenged on their violation of the public’s access to their government, they will happily vote away the people’s rights; majority rule is their only rule.

Recycling

The 2018 Democrat campaign theme was all about their desire for bipartisanship in government. Well, it looks like they’ll try to work that one again this year. They are going to have a slight problem with that old song and dance this year as the past two years have shown their true nature. Contrary to their words, their deeds told the truth, and their actions proved their only philosophy; my way or the highway.

If you recall their first year controlling the legislature in Concord, they pushed through legislation that would make Marx blush. Their ‘bipartisan’ efforts produced a record setting number of vetoes from the governor, almost all of them upheld by the legislature only because a 2/3 vote is required to override a veto. It’s pretty clear that their campaign promises of 2018 were nothing but hot air.

Continuing their iron fisted rule into 2020, when true efforts to work together were necessary as virus concerns short circuited all normal proceedings, they refused to include the minority in discussions toward an orderly continuation of legislative duties. Not only did their proposed calendar of business disregard Republicans, it cut out all citizens from hearings on proposed legislation. Having excluded the minority from the process their proposition was ‘take it or leave it’. With much of the legislation being retreads from round one of their record setting partisanship, it would be foolish to send this back to the governor for more vetoes. Once again I’ll be happy to claim the title of ‘obstructionist’ if the alternative is to passively accept tyranny. Not on my watch.

Unfortunately the minority will not be able to stop the D.C. styled omnibus Senate Frankenstein bills coming to us on the 30th. Call the governor, and send him some more red veto pens. We’ll need another round of vetoes to stop these monstrous abominations disguised as legislation.

The Pandemic

Friday March 13, 2020 started very early for the House of Representatives in Concord, as we where still working the session that had begun 14 hours prior to midnight. We were up late working because of the failure of the Democrat majority to properly handle the scheduling of House business. Perhaps they should have skipped the day wasted reprimanding legislators for NOT violating the House rules.

A very late night - early morning in Concord.

Earlier in the day (Thursday the 12th) there was concern that a member of the House might have been in contact with a person who may have been exposed to SARS-CoV-2 in the recent past. COVID-19 was not yet a household word but it was becoming a lead story in the news. With a push to get bills to second committees prior to crossover, we finished our session around 4 a.m. By 5:15 p.m. the Governor would declare a state of emergency to deal with the coming pandemic of COVID-19.

In mid-March of 2020 no one would question the proper coarse of action taken by the Governor. The models touted by experts warned of hospitals being overrun with seriously ill patients, many of whom would be in ICU units and require ventilators to be kept alive. At the expiration of the first declaration of the state of emergency, preparations were underway for the coming surge of COVID-19 patients, hospitals stopped taking elective procedures and furloughed doctors and nurse to be ready for the surge.

At the end of the second 21 day state of emergency, it was becoming clear that our hospitals would not be overrun with COVID-19 patients. Hospitals operated with over 90 percent of their beds available through the surge.

With many executive orders in place limiting social behavior the Governor was in a difficult position. If he did not continue the state of emergency all of the executive orders would be removed and business would be restored to its regular statutory controls. People had been terrified by the media’s exaggerated claims and would proceed with extreme caution for the most part. He viewed the option to end the state of emergency as too risky, in part because he might be targeted with responsibility for those who would die from the disease.

While the Governor wrestled with running the state from the corner office, depending on information for the Center for Disease Control and the World Health Organization (much of which was backed by faulty models), the Democrat majority legislature sat back and only spoke up to fruitlessly sue for control of Federal funds. The abysmal reporting by the media would allow you to think the Governor prohibited the legislature from meeting. The only thing stopping the legislature from meeting was the Democrat leadership (the term used very loosely). Other than the inability to get their hands on the Federal funds they have been happy to leave all the work of managing a fading crisis in the hands of the Governor. There is little doubt in my mind that they love the precedent being set and look forward to using such powers with the flimsiest excuse in the future.

Now, at the start of June, it is very clear that this disease is almost entirely a problem affecting people in long term care facilities. Attention must be focused on the vulnerable and the rest of us need to be aware of contacts that may be connected to those facilities. We need to get on with living. Those who wish to isolate themselves waiting for a vaccine will be waiting for a very long time. The rest of us will be out building natural herd immunity and living.

House Speaker Shurtleff and Senate President Soucy have cooked up a pageant to give the appearance of ‘doing the people’s work’, by scheduling an abbreviated calendar of events to close out the session. The outcome they desire is to stuff the Democrats’ wish list into a few bills and send them off to the Governor for vetoes; campaign theatrics, pure and simple. Republicans, being in the minority, have one tool; stopping a rule change (which requires 2/3 of those voting). It is a tool that must be used to stop the sham of appearing to do the people’s work. Pretending to be productive is simply lying and wasting tax money putting on a show. Democrats will cry “obstruction”; that’s fine, stopping sewage from flowing into the lake is obstruction of which to be proud.

2020 Final Belknap County Budget

Belknap county delegation

On Monday February 24, the Belknap County delegation met to complete its work on the 2020 budget. The grand total of expense lines total $30,829,837, an increase over the 2019 budget of $827,065. While the budget over budget increase appears to be in line with inflation at 2.75%, the increase as compared to the actual 2019 spending is approximately 5.7%. This means that in order to avoid out running inflation the administration will have to control spending to $30,053,004. This is far from a tall order as there is plenty of excess built in to provide for operational savings.

On the revenue side the budget expects to bring in $15,168,250 and uses $891,080 from undesignated fund balance, leaving $14,770,507 to be raised from taxes. This is the same tax level as last year.

In 2018 taxes were needlessly raised by over 14% which has led to a very flush fund balance held in reserve, which sits at approximately $4.2 million. You should understand that is money that was taken from taxpayers unnecessarily. It represents 13% of operational expenses sitting in the county’s bank account not the citizens’.

The delegation also, on Monday, approved cost items for three collective bargaining agreements. The unit covering the sheriff’s department gives 3% step increases each year over the 3 year term. The Corrections department and the Nursing Home both will receive 5% steps each year for the 4 years of the contract. Each of these contracts will, over time, bring the employee’s contribution toward health insurance up to 10%.

Being Civil

Harassment, particularly sexual harassment, is a serious issue. As one of those reprimanded by the House, I can assure you that I do not take sexual harassment lightly. I take it as seriously as I do our constitution. Contrary to the baseless false allegation made by the majority of the House, I did in fact attend sexual harassment training lead by Rep. Jess Edwards.

Photo by Rep. Mike Sylvia

As one of the chairmen of the House Republican Alliance, I attended the first of Rep. Edwards training sessions on January 15, 2019. The HRA sponsored this training and raised funds for Best Buddies New Hampshire in the process.

Why didn’t I just say so? The so called ‘rule 67’ reads “All legislators, legislative officers, and legislative staff shall attend in-person education and training regarding sexual and other unlawful harassment and discrimination.” As you can see this rule says nothing about reporting the training has been completed, it does not instruct as to when it must be accomplished, nor does it say how often it must be taken. If this were a legitimate rule it would give guidance that would answer such questions.

On a more fundamental note, this rule is outside the constitutional authority of the General Court. Our constitution provides in Part II, [Art.] 22. [House to Elect Speaker and Officers, Settle Rules of Proceedings, and Punish Misconduct.] The house of representatives shall choose their own speaker, appoint their own officers, and settle the rules of proceedings in their own house; and shall be judge of the returns, elections, and qualifications, of its members, as pointed out in this constitution.  Rule 67 has nothing to do with proceedings of the House, it is a mandate pushed for political posturing.

The letter writer seems to think that I was mocking the serious issue of harassment which is completely wrong. The Speaker of the House, and the Democrat majority were using the people’s House as a political platform from which they launched a campaign to humiliate Republicans. They disgraced themselves by turning the General Court into a kangaroo court.

Their show was lead by Rep. Lucy Weber, who went to the well of the House and repeatedly read a false charge against the accused. No questions were allowed to be asked about the charge. No evidence was presented to support the allegations. None of the accused would be allowed to face their accuser. The rule of the proceeding was what ever the Speaker allowed, and his rulings would be supported by the majority in a lock-step vote. There was no place for the rule of law in this farcical theater of the absurd. Mob rule is the way of this Democratic majority; and that I do mock.

Thursday February 20, 2020 will stand as the darkest day I have witness in my 7 years in the House. Democratic colleagues with whom I’ve worked cordially in the past shredded those relationships for the sake of scoring political points. They were once respected but now have revealed their true nature. Being civil will be the best I can muster.

FOR IMMEDIATE RELEASE
January 16, 2019
CONTACT: James Spillane, HRA Tri-Chair (603) 463-5623
James@jamesspillane.org
Concord: On Tuesday January 15, 2019 the House Republican Alliance held a training session on workplace behavior, with the Honorable Representative Jess Edwards as instructor, to 31 Republican members of the New Hampshire House.
The presentation by Representative Edwards gave the full range of possible problems that can arise in House business through deliberate or accidental encounters with others, as well as the actions that should be taken by those involved.
Of primary focus was not only prevention of a Hostile workplace, but the legislative and litigious history explaining how Hostile Workplace and Harassment laws have reached this point. The handling of all sides of any unfortunate encounter was thoroughly discussed, providing insight and direction whether accuser or accused, and whether allegations be true or falsely sworn.
The HRA raised $362 for Best Buddies New Hampshire through donations by those attending the class.
Of the training Rep. Mike Sylvia said “I think the choice to donate to BBNH was excellent, they demonstrate that working together cooperatively produces the best results. This is in sharp contrast to the beliefs of the House majority who use bullying at every turn.”
At the conclusion Representative James Spillane thanked Representative Edwards for a very professional, concise, and thorough presentation, and added “The information regarding the history of litigation and lawmaking that brought us to this point in history was especially of interest to us, as lawmakers, I believe.”
The House Republican Alliance was established in 1997 and is the longest running caucus in the NH House of Representatives. Its goal is to pass legislation consistent with the US and NH Constitutions, and that represents the core values of the state Republican platform and fiscal responsibility.

Dems Bring D.C. to Concord

In 2018 Democrats running for state representative seats in Concord proclaimed the need for bipartisanship. They won a majority in the house and senate with their campaign promises. The truth became clear very soon after they swore their oath to our constitution; they had the majority and they intended to subject the minority to their rule.

Their first move in the house was to violate their oath to our constitution by making a ‘rule’ mandating training. The constitution reads; “Part II, [Art.] 22. [House to Elect Speaker and Officers, Settle Rules of Proceedings, and Punish Misconduct.] The house of representatives shall choose their own speaker, appoint their own officers, and settle the rules of proceedings in their own house; and shall be judge of the returns, elections, and qualifications, of its members, as pointed out in this constitution.” As you can clearly see rules are to govern proceedings in the house.

The rule passed by the Democrats reads; “Rule 67. All legislators, legislative officers, and legislative staff shall attend in-person education and training regarding sexual and other unlawful harassment and discrimination.” Not only is this not a rule governing a proceeding in the house, it is an unbounded mandate imposed upon duly elected members. As it is not in compliance with the constitution, it is a nullity.

New members of the house came in promising bipartisanship, but what they actually intend to do is carry out their campaign of ‘social justice’. They intend to replace our common moral principles with their self aggrandizing ‘virtue signalling‘. They intend to replace the republic our forefathers bequeathed to us with ‘our democracy‘.

The democracy that they seek is simply tyranny by the majority and this is undeniably seen in their actions. They have put forward legislation that would make California and New York blush. Fortunately, Governor Sununu has stood firm against the most egregious of these assaults on our liberties. Again in the second year of this term, having no intention of putting forward sensible legislation, they have brought back the same bills that were vetoed last year, and will be vetoed again this year.

This campaign by the social justice warriors is not about helping the citizens of this state, it is political posturing of the kind found in the District of Columbia. It demeans the dignity of our house and our long standing traditions.

I will not submit to this tyrannical, unconstitutional action. I will proudly accept a badge of honor from those who will reprimand my stand against this assault on our republic. 

Gunstock Changes

In an article I found at Patch, about some changes that have been in the works for a while, I found a few items that could use some clarification.

By Paula Tracy, InDepthNH.org

GILFORD, NH — Belknap County-owned Gunstock ski area is in for some changes as its longtime general manager and its marketing director leave. And legislation is proposed to give legislative leaders more control over the makeup of its governing board and the ski area’s money.

The writer kicks off this article with a pretty clear bias against legislators. The FACT is the legislators and the commission worked together to address deficiencies in the law that unduly restricted Gunstock from more efficient operation.

News of the change at the helm in the middle of the ski season came a day before legislation was heard on a bill to give the county legislative delegation more control over who operates Gunstock and where the money goes.

As to management of the ski area, it is functionally the end of the year and time to begin planning for future operations. As to ‘the money‘, this is more than a small quibble for control of a couple of bucks. The ski area has been rescued by the county taxpayers twice in recent decades. The last was a $6,000,000 bailout in 2000. If you can be bothered to do the math, there is hardly a return on investment, if you chose to look at in such terms.

The current law states that no more than one person from the same municipality can serve on the board but the bill looks to drop that requirement and it would add term limits.

The current law states that no more than one two persons from the same municipality can serve on the board.

The Gunstock Area Commission has a regularly scheduled meeting set for Jan. 29 at 6 p.m. at the ski area.

From the Gunstock web page;

The next meeting of the Gunstock Area Commission will be held Wednesday January 29th at 6pm at the Belkanp County Complex, Meeting Room 2, 34 County Way, Laconia NH 03247.