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March 6, 2011 Hi Senator Gallus,Ipoke with you on the phone a few weeks ago and just wanted to passabng a new website that Ed Furlong has been devebping to raise publicawareness about the situation going on with LiI' Man SnowmobileRentals, Inc. and the Town of Bartlett, New Hampshire. Please take thetime to review the site at www.shedlight.us. We appreciate any feedbackor assistance you could offer us.Sincerely,Erin

March 18, 2011Hi Senator Gallus,Ipoke to you on the phone a few weeks ago regarding Edward Furlong,his business LiI' Man Snowmobile Rentals Inc, and the Selectmen of theTown of Bartlett. Edward has been active regarding these issues and Iwanted to keep you up to date on what he is mingo Selectman DouglasGarland has a hearing today with the Legislative Ethics Committee basedon the complaint that Ed filed against him. Ed has also started a not forprofit company and a website to raise awareness and help with people'scivil rights being violated by their local government, www.shedlight.usPlease take a few minutes and look over the website, hopefully you willsee something that will allow you to get involved and help us further. Edis also moving forward on his civil action complaint against the town, thewater precinct and Doug Garland personally. If you have any advice orexpertise on any of these issues I would greatly appreciate any feedbackfrom you. Ed is truly hoping that you will be able to help down the roadwith new legislation that will protect other citizens from going throughthe atrocities that he has. Thanks and I look forward to hearing back fromyou,Erin

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http://www.shedlight.us./http://www.shedlight.us/http://www.shedlight.us/http://www.shedlight.us./

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July 7 ,2 011Good A ftem oon S enator G allus,I am writing th is em ail m om ents after getting off the phone w ith yourassistant, R ichard. He was very rude to m e and actually hung up onm e! I was m erely asking him about what further assistance he and youcould offer m e in th is process of revis ing the legislation to ensure thatpedophiles are not allow ed to rem ain sitting in the selectm an's officeand to ensure that the selectmen who do get our of line and m isusethe office have consequences. H e (R ichard) even accused m e ofblackm ailing! I am appalled and em barrassed by this accusation I Ihave never and would never blackm ail anyone for any reason. I wastelling R ichard about m y m edia outlets that I have developed(WVvW .shedlight.us)and how I use m y w ebsite to show case m yprogress and problem s on getting th is legislation passed. If your officeis unw illing to help me, I to ld him that I would report that fact on mywebsite and in the newspaper. That is a far cry from blackm ail ... w hywould he even throw such a controversia l word out there w ith m e?And then hang up on me? Senator, I th ink you need to have a chatw ith R ichard on how your office should be treating its constituents I Letm e know if I should forward th is to the AG 's office as well. John, I feelthat what R ichard im plied about blackm ail is ludicrous, but it is anextrem ely w eighty accusation. H ow ever, the m ore I think about it, ita lm ost sounds like R ichard is actually slandering m e? Do you feel Ib lackm ailed you Sir? Doubtfu lll M r. G allus, we need to sit down anddiscuss the ways we are going to revise or am end the existinglegislation R SA 673:14 to include Selectm en. Thank you,E d Furlo ng

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August 17, 2011Good Afternoon Senator Gallus,Im writing one last time to request your assistance in rewording thecurrent legislation to include Selectmen in RSA673:14 that governsplanning board, zoning board, and other town level elected officials, Allyou would need to c D is ackl Selectmen. Do you feel that they do not needto be regulated? Even if you are not sympathetic toMr. Furlong's plightwith the Bartlett S electm en, I wouki like to remind you that we had anaccused and previously convicted child pornographer sitting as aworking selectman for months before he chose to leave office. There wasnothing anyone could

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APTER 673 LOCAL LAND USE BOARDS mp:l lwww .~(I;()urt.state. nhm/ rsaIhtni I1x iv / 6 73 /6 73 -nrg .1 :

Section 673:14673:14 Di.qUAlifi~atioD ofMember. -I.N o m em ber of a zoning board o f adjustm ent, bu ilding code board o f appeals, p lanning board ,

h erita ge c omm issio n, h isto ric d istric t c omm issio n, a gric ultu ra l c omm issio n, o r h ou sin g c omm issio nshall participate in deciding o r shall sit upon the hearing o f any question w hich the board is to decidein a ju dic ia l c ap ac ity if that m em ber has a direct personal o r pecuniary interest in the outcom e w hichdiffers from the interest o f o ther citizens, o r if that m em ber w ould be disqualified fo r any cause to actas a juror upon the trial of the same m atter in any action at law . R easons fo r d isqualification do no tin clud e ex em ptio n fro m s er vic e a s a juror or know ledge of the facts involved gained in thep erfo rm ance o f the m em ber 's o fficial du ties.

Il. W hen uncertainty arises as to the app lication o f parag raph I to a board m em ber in particu larcircum stances. the board shall, upon the request o f that m em ber o r another m em ber of the board , voteon the question of w hether that m em ber should be disqualified. A ny such request and vote shall bem ade p rior to or at the com mencem ent of any required public hearing . Such a v ote shall be adviso ryand non-b inding , and m ay no t be requested by persons other than board m em bers, except as providedby local o rdinance o r by a procedural ru le adop ted under R SA 676: 1.m. Ifa m em ber is disqualified o r unable to act in any particu lar case pending before the board , thechairperson shall designate an alternate to act in the m em ber's p lace, as p rov ided in R SA 673: 11.Source. 1983,447:1. 1988,26:1. 1992,64:9.1996,42:11. 2007,266:6, e f T . Aug . 28,2007.2008,391:6, eff Sept. 15,2008.

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S~569 NEW HAMPSHIRE SENATE RESEARCHA review of the statutes mentioned above shows than none of them has beenamended since the item was written. Though there have been legislative proposalsin New Hampshire in the past relative to recall of local elected officials, all havefailed to pass. I

Connecticut: Currently, the law in Connecticut does not provide in general (or recallof local elected officials.! Pending legislation in the 2011 session was referred to theJoint Committee on Planning and Development inJanuary but has not yet had ahearing or been otherwise acted upon (liB 5335 concerning the recall of local electedoffICials and HB 5919 to authorize municipalities to establish criteria for the recall ofelected official$):

Maine: According to the Maine Municipal Association's 2005 publication LocalGooernmeni in Maine:In some communities, voters can remove an ejected official from office before hiaor her term expires. Such recall provisions, if included ina town or city charter orlocal ordinance, allow the citizens, after presenting 8 valid petition, to vote onwhether or not they want to allow an official to continue serving inan office towhich he or she was elected.

But see recently cnacted statute 30A MRSA 2505 Recall of municipal O/ficia18,3effective June 13,2011 (copy attached).

Massochusetl$: Research shows that recall petitions relative to town officers areallowed in M8Bs8chusett.e in towns for which the town charter provides the process.The Commonwealth is the only "home rule" state in New England (sec below).

Rhode Island: Notwithstanding that the Rhode Island state constitution provides forrecaU of certain statewide elected officials (governor, lieutenant governor, secretaryof atate.iattorney-general, general treasurer), an electronic search of Rhode Island

1For example, electronic searchea show House Bills in 1990, 1991,1993, 1997.2001,2006 and2008, all voted Inexpedient to Legislate by the House. A similar fate befell legielative propoea1sto amend the state constitution (orexample, CACRa in 1973. 1976, 1977, 1979).IIn Connecticut, a municipal charter may provide for recall of local elected officials if the charteris approved by the Iegislature: see, (or example, a June 2010 news item in the (Bridgeport)Connecticu; Post:Milford is one of the few Connecticut communities to allow voters the right to directlyrecall elected officials, according to the Connecticut Conference ofMunicipalities. Theprovision. in the city charter. is legal because the state Legislature granted Millordlimited "home rule" power many ycars ago.With respect tohome rule. Connecticut is8Dillon's Rule state (see below).

S All Act to Prouide for a Method to &move anElected Municipal ()ffici4J, (Public Law. Chapter324, LD 1533, 125th Maine State Legislature.Page 2 of" .ntis ctIanneIIf Is I n t e n c I e d t cr ~ . j )II IJ lO S eS ~ ' ' * ' e s n aI ~ IIIoIIt:tIIf stBfenBII o t ~ tnn1apolicy, O f '1 f IO I I ~ O fnf';sIs.

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SR#6569 NEW HAMPSHIRE SENATE RESEARCHDillon's Rule is derived from the two court deciaions issued by Judge John F.Dillon of Iowa in 1868 .... The U.S. Supreme Court upheld Dillen's Rule in 1903and again in 1923. Since then, the following tenets have become a oornerstone ofAmerican municipal law and have been applied to municipal powers in moststates: 'Iil" : A municipal corporation can exercise only the powers explicitly granted to -'. ~them Those necessarily or fairly implied in or incident to the powers expresslygranted Those essential to the declared objects and purposes of the corporation, notsimply convenient, but indispensableState constitutions vary in the level of power they grant to local governments.However, Dillon's Rule states that if there is 8reasonable doubt whether a powerhas been oonferred to a local government. then the power has not been conferred.Dillon's Rule allows a state legislature to control local government structure,methods of financing its activities, its procedures and the authority to undertakefunctions.Thirty-nine states employ Dillon's Rule to all municipalities: Arizona, Arkansas,Connecticut, Delaware. Georgia. Hawaii, Idaho. Kentucky, Maine, Maryland,Michigan, Minnesota. Mississippi, Missouri, Nebraska, Nevada, NewHampshire, New York, North Carolina, North Dakota, Oklahoma.Pennsylvania, Rhode Island, South Dakota, Texas. Vermont. Virginia, WestVirginia, Washington, Wisconsin and Wyoming.There are ten states that employ home rule: Alaska, Iowa, Massachusetts,Montana, New Jersey. New Mexico, Ohio, Oregon, South Carolina and Utah.

If we can provide you with further information, please let us know.

Attachment:1. 30-A MRSA 2505 Recall of municipo; officials.

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