From: Kathleen Rogers
Subject: Restructuring of the Town Clerk / Tax Collector position
Date: 11/19/2015

Members of the Budget Committee and Board of Selectmen,

I am writing to address the issue of the restructuring of the Town Clerk / Tax Collector position. I do not support this course of action for many reasons.

1.  In 2015, I ran for a 3 year term to serve as your Town Clerk. At that time and for many years previously, that office was deemed and budgeted to contain 20 hrs. per week worth of salary. When I ran for the office it was with the belief that I would be serving for 3 years under those circumstances.

A few years ago, similar restructuring was attempted to the elected position of The Registrars of Probate in Anna Tilton, et al. v. The State of New Hampshire, Docket No. 217-2011-CV-00407. It was ruled against by the courts.

There have also been attempts to change elected offices with in the Town to appointed positions in the past. Two of the most recent were presented in 2014 as Articles 15 and 17 seeking to convert the elected offices of Road Agent and Treasurer to appointed positions filled by the BOS. Both of those articles failed per the voters of Allenstown. It seems that the voters of Allenstown would like to remain in control of who is chosen to fill the offices of their elected officials. It is illegal to change the position of Town Clerk to appointed as stated in RSA 41:16. This restructuring appears to be a roundabout way for the BOS to attempt to do just that.

I have no desire to cause the Town any hardship in the form of legal action, as I live here and care deeply about the residents who I am elected to serve. I would prefer to spend my time doing everything in my power to efficiently and effectively conduct the duties of my elected and appointed positions. However, if this restructuring process is continued, I do intend to take legal action as I strongly feel that my legal rights are being violated through this process.

2.  The Town Clerk position is established throughout RSA chapter 41:16, 41:16-b, 41:16-c as an independent municipal official that conducts his/her duties as directed by the law and is not considered an employee under the direction of the BOS, but rather an elected official chosen by and hence forth working for the constituents of a municipality. There are many reasons that the NH legislature has sought to insulate this position in this fashion. As one example among many, a clerk voted into office by the electoral rights and authority of the people, who is simultaneously serving at the pleasure of the selectmen for the majority of their work day, may be unduly politically influenced by that board and the supervisory municipal employees that the BOS directs. This could potentially obstruct the performance of the duties assigned by law to the clerk in many ways as well as allow for political persecution towards the clerk by those superior officials and their delegates. The current restructuring of this position would attempt to loophole through those prescribing RSA’s that prevent this. Rather than complying with the RSA’s direction and intent, as Selectman Gryval has stated the BOS desires to do, this restructuring action would possibly reduce the rights afforded to the Town Clerk as well as those afforded to the voters who elect that person into office. The position would become a “title only” position for 4 hours per week, prospectively enabling the BOS to exert control over this elected official instead of the voters who elected him or her. There may be people who believe that the position should be run this way. The NH legislature does not.

3.  Another RSA that I believe Selectman Gryval may have been referencing compliance with is RSA 261:74-a which states:

261:74-a Agents Appointed. – With the approval of the governing body of a city or town and subject to the direction and approval of the commissioner, the director may appoint municipal officials as agents to issue, renew or transfer motor vehicle registrations. The director shall determine the optimum number of registration agents that the division can reasonably accommodate. The appointment of any municipal official as a registration agent for the purposes of this subdivision shall continue while the agent holds his office or employment with the municipality, except as provided in RSA 261:74-b and 261:74-f.

Source. 1981, 439:4, eff. Jan. 1, 1982 at 12:01 a.m.

Upon careful review of this RSA, you will note that the RSA states that any “municipal official” may be appointed as a municipal agent. This states to me that my appointment as a municipal agent was made by the Director of DMV and that I am acting under the direction and approval of the Commissioner of Safety. This appointment could not have been made if I was not already an existing municipal official by serving as the Town Clerk. The BOS did need to grant their approval for the Director to appoint me as a municipal agent, which they did in 2012 as part of my appointment at that time as Town Clerk. It is and has always been a function of the Town Clerk part of my job and is not a stand-alone position. You will also note that nowhere in this RSA is a specific municipal agent budget requested or required. Nor do any other towns in NH attempt to separate the duties of the Town Clerk in this fashion. In fact, the Town Clerks position is so closely tied with that of a municipal agent, that RSA 261:152 uses the term “Town Clerk” to describe the municipal agent appointed by the Director of MV for each town. The fee discussed in RSA 261:152 is also labeled on the registrations received by the registrant as a “clerk fee”.

I would like to state that I am not opposed to the BOS’s desire to show fiscal responsibility to the Town of Allenstown and the residents by more accurately accounting for how my time is spent. I would support a fluctuation in hours to increase the Town Clerk side of my budget/time as that does encompass the duties that I perform as the municipal agent for The Town of Allenstown.

I encourage anyone who wishes to discuss any of this with me further to contact me at either my personal email, krogers00461@gmail.com, my personal cell at 738-4962, or utilizing the contact information below.

Thank you for your time and consideration in this matter,

Kathleen Rogers
Allenstown Town Clerk/Tax Collector
16 School Street
Allenstown NH 03275
Ph. (603) 485-4276 ext.116
Fax (603) 485-8669