From: “Metzler, Earl” <Earl.Metzler@timberlane.net>
Begin forwarded message:
From: <Earl.Metzler@timberlane.net>Ms. [redacted] – Please don’t forget the counter lawsuit…misrepresenting facts and defamation of one’s character are certainly going to be a factor. Personally and Professionally we will be represented by the best attorneys…locally and nationally. I hope that taxpayers understand what that means. I am all in!
Dr. Earl F. Metzler II
Since receiving this email, I have been calling for an emergency meeting of the Timberlane School Board. Is there, in fact, a countersuit planned against Mrs. Morse who is currently suing the district and Dr. Metzler? My phone calls to individual members (3) and emails to a quorum of the board have been met with complete silence. (Only Mr. Collins replied with a denial and his usual personal insults.) Here’s my email to the board:
Sent on June 22, 2015:Fellow Board Members:I would like to call an emergency meeting before June 28th to discuss the possibility mentioned by Dr. Metzler below of a “countersuit” using taxpayer money which I believe may be against Carolyn Morse . I also want to explore leaving Sandown Central in its current configuration for one more year.Our by-laws require the chairman to call a meeting at the request of three school board members. Please ” reply all” on this so I can know THREE members did in fact so request a meeting. This meeting should be before June 28th, the deadline for the reply to Mrs. Morse’s suit which I believe is when the countersuit mentioned in this email below may be filed.As we do not have to vote on having an emergency meeting, there is no prohibition from “reply All” on the topic of anemergency meeting. Just write Yes or No in reply all.The fact that Dr. Metzler is on vacation is not germane to these issues and his presence is not necessary for decisions on either matter. Failure to act before June 28th will almost certainly cost taxpayer money in legal fees that might possibly be avoided if we can discuss this issue immediately.Thank you,Donna Green
cc: Sandown Board of Selectmen
Here is an email I received this morning from the school board chairman after a short note last night saying once again that I wanted an emergency meeting:
You are sounding like a recalcitrant child. There is no countersuit at this time. If there should be one, we will discuss it then. In addition, no one informed me that they were in favor of your request for a meeting – I’m guessing probably because it’s unnecessary.
[sentence redacted as the request of Mr. Collins.]
I suspect Ms Steenson is saying that until a countersuit is filed with the court, it does not exist. Ms. Steenson conveniently overlooks my point: if a countersuit is in the works, which she does not deny, we as a board should be authorizing the considerable expense of this. Defending against a lawsuit is one thing. Launching a countersuit is quite another. To be clear, I am not defending or trying to protect Mrs. Morse in my request for an emergency meeting. My sole concern is protecting taxpayer dollars and stopping a runaway legal spiral.
So far Rob Collins and Nancy Steenson have denied the existence of a countersuit. I sincerely hope they are not misinformed or misinforming me. We will find out on June 29th.* But one way or the other, you can be sure your board will react with complete indifference.
*CORRECTION: The deadline for responding to federal lawsuits is more than the 30 days given for NH suits. Mid-August is a more likely time frame.
Danville State Representative Betsy Sanders weighed in on this issue in an email sent on June 23, 2015 to Rob Collins:Good morning, Rob,As I happen to be a recipient of your e mail, I want to take the opportunity to respond as a voter, taxpayer, and a State Representative. I have provided a copy of RSA 195:6 the powers and duties of cooperative school districts. I believe that these powers and duties are exclusive to the school board who are elected to represent their constituents in the district. The law includes “I. Each cooperative school district shall be a body corporate and politic with power to sue and be sued…”Dr. Metzler has no legal authority to sue anyone on his own behalf using taxpayer funds, without school board approval. The school board has no legal authority to delegate any of their authority to sue to a single person who has not been elected by the voters.The Cooperative School Board should indeed have an emergency meeting to determine the person(s) to be sued, the anticipated cost of the suit, and the language of the suit. Any board member who does not meet, is relinquishing their legal duty to the taxpayers. It is the board that needs to approve or decline the participation in this suit of Dr. Metzlers. If he wants to sue someone then it should be at his own expense, not taxpayers.This situation needs to be discussed at a public noticed meeting so that the taxpayers are aware of the board’s decision and discussion. Any board member who refuses to attend this emergency meeting is neglecting their duty to the people they represent.I urge all cooperative school board members to respond with a “yes” and hold an emergency meeting before a possible unnecessary legal expense is used. This is the people’s money to be used for a public purpose, not a private purpose and not for the benefit of a single employee.Thank you for your consideration to this matter. Please remember Article 8 of the New Hampshire Constitution:
[Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.]Edit
All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.
June 2, 1784
Amended 1976 by providing right of access to governmental proceedings and records.Rep. Betsy Sanders, DanvilleTITLE XVEDUCATIONCHAPTER 195COOPERATIVE SCHOOL DISTRICTS
195:6 Powers and Duties of Cooperative School Districts. –
I. Each cooperative school district shall be a body corporate and politic with power to sue and be sued, to acquire, hold and dispose of real and personal property for the use of schools therein, and to make necessary contracts in relation thereto, and have and possess all the powers and be subject to all the liabilities conferred and imposed upon school districts under the provisions of RSA 194.