More on The Issue of the Highway Agent

We have been having some problems with getting comments from people. Paul Branscombe called and said he sent a response to the article on the promotion of the Highway Agent, but we have not received it yet. I wanted to post the basic response prior to the Select Board Meeting.

Paul said that at a Town Meeting in 1976, the town voted to authorize the Select Board to appoint the Highway Agent. He said that the use of the word "promote" in the Town Bulletin was incorrect. The Board appointed Tim Paquette as Public Works Director. (We need to see the minutes of the meeting to get the exact wording.)

My understanding is that the Director of Public Works is a hired position, and Highway Agent is an elected position. This should mean that the Select Board cannot combine the two positions if in doing so it does away with an elected position. According to RSA 321:62

"Unless the town votes to establish a board of public works commissioners under RSA 38-C to perform the duties of highway agents, at the annual meeting, or less often if a town has so provided pursuant to RSA 231:62-a or 231:62-b, each town shall elect by ballot, or by major vote authorize the selectmen to appoint, one or more highway agents."

Since Highway Agent is an elected position, the appointment must take place in a public session according to General Kelly Ayotte's Memorandum, July 15, 2009, interviews and deliberations on filling a vacancy in an elected office must occur in public session.

Why is this important? The Select Board takes the place of voters when making appointments to elected position. It is a public trust. The Board must interview and deliberate in a pubic session so that the public is aware of the appointee's background and qualifications, and the public is aware of how the board came to its decision.