Attorney Bolton continues to Obstruct Public Information
Nashua's Legal Office is thwarting the public’s effort to obtain public information. On April 5, 2021, a remote hearing was held in Superior Court South. The hearing was in response to a citizen lawsuit filed because the City would not disclose email communications between two senior City Managers, Kim Kleiner and Assessing Chief Rick Vincent for the time period of January 1, 2021 to March 1, 2021. The City claimed that the request was unreasonably described and over broad – a typical denial from the Nashua Legal office.
Within days of the court hearing being scheduled, the City did a reversal and decided that they would provide the email communications, there were over 500 emails between these two top managers. Seems reasonable as most City employees were operating remotely and email communication would serve as a primary form of communication, particularly for high level managers.
The City submitted the response to the court in the hearing and stated the emails or a follow-up for delivery of the emails would be provided by April 27, 2021. The case was a very clean case with little back and forth communication and the Plaintiff hoped for a quick response from the Court. As of May 10, 5 weeks since the hearing, there has been no response; obviously the courts are very backlogged and the priority nature of RSA 91-A matters is hindered.
However, in the City’s usually weaving and dodging games, a response from the City never arrived on the April 27, 2019 deadline. It appears the City wants to play the wait and see game, even though they already agreed to providing the emails. The Plaintiff’s attorney wrote to Nashua Attorney Bolton on May 3, 2021 citing the missed deadline and asking for follow-up.
On May 3, 2021, the City wrote a ridiculous response on many assertions. They now need until May 24, 2021 to either provide either a follow-up or the emails. Redactions are quick and easy with today’s software and PDF combining tools. These emails cover communication involving their official duties and would involve the construction project in the assessing office, abatement application, assesshelp emails, training of new staff, the re-opening of the assessing office, software problems, email problems, the Vision re-evaluation, etc. These are public communications and this citizen has a right to review them.
Attorney Bolton and Attorney Leonard act cooperative in front of the judge, but then do as they jolly well please when the Judge expects them to cooperate. They know their noncompliance drives up legal costs for the citizen requesting the information but also drives up the city’s costs. The Mayor and Attorney’s couldn’t care less about taxpayer money, the same taxpayers who pay their salaries and benefits package.