February 1983 Legislative Journal

Stayed home to write a paper titled, Politics in Literature: What price for Regime Integrity, based on reading and analyzing five novels and their protagonists: A Connecticut Yankee in King Arthur's Court, Last of the Mohicans, Uncle Tom's Cabin, Babbitt and 1984.

Very tense moments in ED&A today. The Democrats were incensed. Especially Rep. Rick Newman. The Chair put pressure on a lobbyist to leave the committee room. She did not demand that the lobbyist leave, however, she was quite clear in her tone that the woman's presence was not appreciated.

Chairwoman Kay Ward’s argument, and justifiably so, centers around contending that a free flow of debate is inhibited by the "public’s" presence. However, the law is the law; and who can one expect to uphold the law if the legislature declines to honor its own statutes? I buy the opposing view, because certain representatives will grandstand for the benefit of any audience as opposed to considering or arguing the facts for the benefit of the Committee. There is another argument that carries weight, the public may take statements out of context.

After lunch I discovered that the lobbyist who left went to the Minority Leader's office and informed him of events. All afternoon, we had Reps from the Minority Leader’s office monitoring our deliberations. They come in shifts and their presence was known by all. The Chair did not question their presence, in fact, when questioned about the double standard by Rick Newman she responded that Reps were certainly welcome.

What a day!

During lunch the Democrats caucused. They were taken en masse to the Minority Leader's office to discuss the right-to-know law. Their strategy appears to involve walking the next time someone is pressured to leave the Committee room. After the day's work Wayne King and I had a beer at a local watering spot. During this meeting, Wayne informed me about the Democratic strategy which I am sworn not to reveal. I told him that I disagreed with their intentions should this occur again. He also told me that Rep. Craig Downing, a Republican like me, sent a note to the Vice Chair requesting that he admit a personal friend and President of Keene State College student body. The Vice Chair said, "No." When Wayne told me this, I was furious. Frankly, had I known at the time I would have made quite a fuss. Besides being against the law and being wrong, I intend on bringing guests myself.

I suggested to Wayne that the next time events repeat themselves, we should demand a full Committee vote to close our meetings to the public. It requires a 3/5th vote to accomplish this, and quite frankly, it could go both ways. But if we set it up right and count our votes correctly, we should win. Enough Republicans, no matter how conservative, believe strongly in open government. If we win, I am positive we will not witness a recurrence of these unfortunate events. Secondly, if this garbage keeps up it threatens the committee's ability to work together.

I had a meeting with the Holderness Board of Selectmen today. It went quite well considering the Ol’ Boy network tends to work against young men, but I am quite used to that by now. Anytime I get in a room with men over sixty they pull 'rank' and bombard me with Good Ol’ Boy-isms.

Today the subcommittee on House Bill 1 (HB-1) met for the first time. Unfortunately, the discussion was not limited to the official members of the Committee. Madame Chair and the Majority Whip, Rep. Sally Townsend, also felt they could freely participate. This privilege was not afforded to other Committee members.

Things got off to a good start and I found myself in agreement with the Vice Chair frequently. I had expected to be in a constant state of conflict (tension) with the man; however, as things turned out he allowed me to cut a wide swath rather than attempting to restrict my participation. If fact, I was deeply involved in and instrumental in attaching four amendments. In addition, our legal counsel and I went at it a couple of times with mixed results. But it was delightful to lock horns with John Dabuliewicz.

All in all, we accomplished quite a lot.

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We held public hearings on HB-194 and HB-195.

HB 194 dealt with mandating the dental community to keep treatment records for seven years. Unfortunately, the sponsors never bothered to approach the New Hampshire Dental Association to pursue their ends. Consequently, they were not rewarded for their efforts with the Association's support. In addition, the House bill provides for no punishment if the law were to be violated. The supporters contend that punishment could originate with the Association. However, if the Association can provide enforcement, why not have them promulgate the rule? This legislation has not been carefully researched. I do support the intent, but not the means.

HB-185 deals with restructuring the Department of solid waste and the Department of Hazardous Waste to come under the direct control of the Director of Public Health. Presently, the two entities are housed within the hierarchy of Public Health but remain independent of the Director's administrative control. Though the opponents of this legislation argued loudly and with great passion that the present situation provides for the needs of the 'people' and that HB-185 only addresses the needs of the department. I believe this legislation is in line with our reorganization efforts. In fact, it fits quite nicely.

In sub-committee we continued to deal with HB-1. The contentious items remain unsolved. For example, who should select division directors, and how should division directors be selected. Who should select the minority members to the joint committee on implementation of reorganization remains unsolved, and the issue of public hearings on the implementation plan is still hanging out there, too

I let it be known that I felt that the Governor and Council (G&C) should appoint Division Directors. By creating these as unclassified state jobs, job applicants from within the system will be reticent to apply knowing that they risk their retirement and other benefits when taking a job. In addition, job security would be at the total pleasure of the Commissioner or the Governor. If G&C appoints them, the Governor would have to build consensus to get his appointment confirmed and, subsequently, show cause for dismissal. With the prospect of having to build another consensus on the Council for a replacement, the Governor will not be motivated to purge division leaders without cause.

Secondly, minority representation on the joint commission is a hot issue with the majority party. But I sincerely believe this committee is too important for the appearance of partisan motives. In addition, it is my position that a precedent exists from the Sunset Commission for allowing the minority party to select its own representation. At any rate, the debate has been very involved.

The third issue deals with public hearings. The committee is in full agreement regarding the need for such hearings and we have amended the bill to reflect that desire.

Tomorrow, we will deal with the other two issues.

I pressed my argument home on the Division Directors this morning, but to no avail. A committee member, Audrey Carragher, became so frustrated by her "gut reaction" against my proposal that she and the sub-committee Chair, Hal Watson, accused me of foot dragging.

My attitude is that since they could not argue effectively against my proposal, their attitudes became more emotional than substantiative. Well, Audrey Carragher proposed an amendment to leave the section of HB-1 as is. Because I need her down the road, and to keep tempers cool, and because the rest of the sub-committee was against my proposal, I seconded the motion. Everybody was pleased to see that I am not a die hard. But I will have the last laugh on this one.

Regarding the minority representation, we voted to give that privilege to the leaders of both Houses. A unanimous vote surprised me greatly, but in retrospect, the two of the five who were against it knew they were defeated. So, as to present the full committee with a unanimous vote on every amendment, they went with us. The Chair of the subcommittee, Rep. Hal Watson, would not commit himself to voting the same way in full committee without the Minority Leader appearing before the full ED&A. Committee. Wayne King has arranged this for us.

After the committee meeting John Dabuliewicz and I went to the cafeteria to have coffee and compare notes. While working we invited Terry Beyer to peruse the amendments. Had Hal Watson seen this he would have been livid. But, dammit, I support public right to know laws, and this should not be privileged information.

News flash - got our Education Bill scheduled before the Education Committee on March 15,1983 at 10:00 a.m.

Held Plymouth office hours today. Only one constituent showed (with vehicle registration concerns). I expected as much. My main purpose was to get to talk to the Town Manager and the Selectmen. The Town Manager, Tom Rankin, is an asshole. He and the Selectboard’s general attitude towards Plymouth State College (PSC) is horrible. My best shot is to arrange a meeting between both parties and let them talk, face to face, about the issues that confront them, e.g., garbage disposal problems, town administered roads and services, and property tax issues.

If all ends well, the town will solve the incinerator problem, and I will get three streets away from the town for PSC.

Talked to Dr. Kasper Marking about the Town of Plymouth's request to see PSC’s 'master plan.’ He feels that this is a 'red herring.’ He is probably correct. Nevertheless, if the town sees the PSC plan as a threat to the town, this is a problem. They fear the unknown. Compounding the problem, Kasper Marking is about to wash his hands of any involvement with the town, justifiably so, because he will be leaving PSC to become the Chancellor of the University System of New Hampshire (USNH).

But my attitude is the transition is an opportunity, both at the USNH level and PSC, coinciding with the transition occurring at the Town Hall (Town Meeting and elections). The time is ripe for a move to solve the issues that confront us. No one individual's feet will be 'set in stone' and therefore we may create movement on both sides.

At the State House today I dealt with a constituent request. One requested that I solve a motor vehicle problem, which I was unable to resolve in favor of the constituent. The law is quite clear regarding prorated registrations.

Secondly, a constituent wants streetlights at a poorly lit bridge in Plymouth. I called Rule Webb (Highway Department) who said he would investigate it for me. I wrote the constituent to that effect. The former I called to inform him regarding NH state registration laws.

Also important today, I wrote my testimony to defend Roger Glaude before the PSC Juris Doctor CID Board. He is guilty as hell, but he has problems that throwing him out of school will not address. It does nothing for the school either. I hope they will accept his proposal to make restitution, but his attitude is hardly repentant. In fact, he feels that he has stolen from an institution rather than from an individual. I told him that the PSC buildings stand empty and void of life when we are not there. We are the institution. We give life to these buildings. When he stole that couch, he stole something from me. He is not buying. Too bad.

Tonight, I am attending the Selectmen meetings of the towns of Hebron and Groton. I hope it goes well.

Oh my God: I am embarrassed. I was sitting and talking to the Governor's legal counsel, Stephen Merrill [author's note from the future: Stephan Merrill became Governor from 1993-97], when a Justice of the New Hampshire Supreme Court came over to the table. As I stood up to meet Justice Charles "Chuck" Douglas, I knocked my beer over, all over my new suit; but thank God I was the only one to get soaked.

I tried to pretend that nothing happened and went right on talking. Can you imagine? A Justice of the New Hampshire Supreme Court running to get a bar towel and to help soak up the beer on my suit. Oh my God! He offered to buy me another beer, but I demurred and said, "I think that was an omen." Then I got up and left.