James Castleberry files Election Law Complaint March 10, 2008
Subject: Date:
I have filed a complaint with the Attorney General’s office today regarding the “rules” or rather lack of them for governance at Town Meeting. The moderator has since communicated with me, under advice of consul, that he is stopping communications with me. The issues I raise seem to me at least not of a personal nature but rather going directly to the issue of accountability of government so in my opinion still need to be raised. The messenger has been shot so I am appealing for other voices and citizens to look into the concerns I raise. Please see a copy of my complaint attached.
James R Castleberry
jcastleberry@verizon.net
COMPLAINANT INFORMATION
Name James Castleberry Home Phone 603 253 8185
Address
Email Address jcastleberry@verizon.net
PERSON, CANDIDATE, POLITICAL COMMITTEE, ELECTION OFFICIAL, TOWN, CITY, OR VILLAGE DISTRICT AGAINST WHOM COMPLAINT IS BROUGHT
Moderator of the Town of
STATEMENT OF FACTS
Date and Time of Violation :
Ple Please explain the basis for your complaint. If necessary, attach additional sheets.
I would like to bring to the Attorney General’s attention a deficiency in my reading of Article RSA 40:4 of the election laws of
The law is quite clear that the Moderator shall “prescribe the rules of Proceedings” in regulating the business at Town meetings.
Prescribed has a specific definition of set, prearranged and approved. Based on the following attached emails there are no prescribed rules of proceedings.
I have written the Moderator and the Board of Selectmen to set forth the rules in written form and post to publicly accessible post places and received a reply that they do not exist (at least not in writing)
I am not questioning the prerogatives of the town of
I have attached email correspondence below to support my complaint.
It seems to me incomprehensible that a Town body can govern at the total caprice of its elected Moderator or that the rules can be made up on the fly. On what basis can a complaint be brought to the Attorney Generals office on procedural errors in a Town meeting if there are no procedures or rules?
The
Mr Castleberry:
Your email is acknowledged.
Thank you for your comments and position on the matter.
Mel Borrin
Mel Borrin
603/253-7811 X 130
603-253-4379- Fax
From: jcastleberry [mailto:jcastleberry@verizon.net]
Sent:
To:
Cc:
Subject: RE: Rules for Town Meeting
Thank you for you prompt reply.
I am only suggesting that it would be a helpful thing for the rules to be published in writing before the meeting in some public place as well as announced in the meeting in the interest of clarity and fairness. If those rules have been in place for 20 years it seems a straightforward thing to put them in writing. Most Towns I have contacted do post the rules whether on their websites or in their public bulletin boards. Since the Moderator by charter establishes those rules, I concede that it is totally your sole prerogative as to whether or not you wish to do so. However, it seems to me that a fundamental principle of fairness that the establishes the rules of engagement in writing before we engage; whether in the political arena, town meeting, sports arena or simply playing a game of cards; it is logical and equitable.
On the issue of Robert’s, I have read the advice in the Elections Procedure Manual but still feel it is important to allow a wide range of parliamentary options to the voters in the Town as a matter of philosophy. Most of the moderator rules I have been able to read are abridged versions of the Robert’s Rules with modifications such as the Deering moderator’s rule about not allowing the indefinite postponement of articles. I believe that the voters are intelligent enough to both understand the rules and to use them for the purpose of debate, deliberation and consideration. The rules always favor of the majority; so the concept of majority rule still apply. I also want to be clear that I am not asking you to adopt Robert’s rules in your capacity as the current moderator only that you put the rules that have been in force for twenty years in writing and post them in a public place.
Thank you for your consideration of this matter.
James R Castleberry
From: Mel Borrin [mailto:mel@preferredmanagement.us]
Sent:
To: 'jcastleberry'; mborosel@worldpath.net
Cc: 'Moultonboro Citizens Alliance'; 'Gary & Melissa Torressen'; 'Al Hume'
Subject: RE: Rules for Town Meeting
Mr. Castleberry:
The Town of Moultonborough and to the best of my knowledge the
The rules that have been used are those announced by the moderator at the beginning of the respective annual meetings.
In the past the Moderator has introduced a basic list of items that serve as the rules of order for the meeting. This tradition will continue as it has over the past 20 plus years that I have served as a Moderator.
The legislative body by majority vote may take any action they choose to make changes or offer alternatives to the items introduced as rules of order by the Moderator.
The information you supplied regarding The Town of Deering,
The NH Election Procedure Manual as published by the Department of State (Secretary of State) addresses Rules of Order that I am sure you have reviewed.
It may be of interest to you to learn how they view “Robert’s Rules of Order”, “and how it affords too much opportunity for individuals with extensive knowledge of the rules to gain unfair advantage”, and continues to say, “A simple set of rules may be more helpful”.
RSA 40:4 addresses the duties of the Moderator.
For further reference see Chapter 9 & 10 as contained in the Town & School Meeting Handbook (2007) as published by the New Hampshire Local Government Center, Concord NH and used in the various workshops for election officials in 2007 and on Jan.26, 2008.
My opinions are personal and do not necessarily represent the opinions of either the Moultonborogh Board of Selectmen or the residents of the Town.
Mel Borrin
Mel Borrin
603/253-7811 X 130
603-253-4379- Fax
From: jcastleberry [mailto:jcastleberry@verizon.net]
Sent:
To: mborosel@worldpath.net; mel@preferredmanagement.us
Cc: 'Moultonboro Citizens Alliance'; 'Gary & Melissa Torressen'; 'Al Hume'
Subject: Rules for Town Meeting
Can the rules for Town meeting be posted on the Moultonborough Web Site, Town Hall and the Public Library prior to the upcoming meeting this Saturday? The rules should include language that will notify the VOTERS that the rulings of the moderator can be overturned by a simple majority vote per the New Hampshire Election Procedure Manual.
As example many Towns are posting per my request; please see the following link as an example:
http://www.deering.nh.us/Public_Documents/DeeringNH_BBoard/I0030FF6D
James R Castleberry
jcastleberry@verizon.net
Names and phone numbers of witnesses or other victims: __________________________________________________________
___________________________________________________________
___________________________________________________________
State or Federal Statute you believe was violated (if known) RSA Chapter 40:4
SIGNATURE
By signing and filing this complaint, you are stating under penalty of law that the information you are providing is true and correct to the best of your knowledge.
Signature Jim Castleberry Date
Below For Federal Title III Complaints ONLY:
THE STATE OF
_______________________, ss
On the _____ day of _____________, 20__ before me, _____________________________ (Print name of Notary Public/Justice of the Peace), the undersigned officer, appeared ________________________, (Print name of person whose signature is being notarized) (known to me) (or satisfactorily proven)(circle one) to be the person whose name appears above, and s/he subscribed his/her name to the foregoing complaint and swore that the facts contained in this Affidavit are true to the best of his/her knowledge and belief.
_________________________________________________
Notary Public/Justice of the Peace
My Commission expires: _______________________ (seal)
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