Green Loses Court Case about Default Budget

Judge Andrew Schulman released his decision in Green v. Metzler, et al.  The SAU’s motion to dismiss the case was granted and Green lost on both issues at stake- requiring TRSD to produce a line item default budget, and having the court affirm that individual school board members have rights to information beyond the reach of the Right to Know law.

Interestingly, the judge concluded: “The plaintiff engaged in a good faith effort to clarify New Hampshire law.  Although she did not prevail in this court, her argument was certainly not frivolous.  Indeed, it is possible that plaintiff will prevail on appeal if she chooses to press the issue.”

The decision is here:  SKMBT_60017040513210

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7 Comments

Filed under Sandown Issues

7 responses to “Green Loses Court Case about Default Budget

  1. Mark Richards

    Press the issue.

    Perhaps the Judge doesn’t want to rock this particular boat, but knows that others will, and should.

  2. Pingback: Green Loses Court Case about Default Budget | The New Media Militia

  3. Lynn

    Might prevail on appeal! Whats that! Seriously…. NH judicial system yet again!

  4. Mark Acciard

    Please press the issue, Your lawyer dropped the ball. The issue before the Court should not have been allowed to be presented as demanding info from the District in a new format. You will lose on that request every time.

    It should have been presented as simply demanding the method used by the SD to determine the default budget number. Pointing out that the law requires the District to make subtractions and additions to the previous operating budget to calculate LEGALLY, the default budget number.

    You were simply asking them to show you where they made those alterations, as to comply with the law they were required to do.

    • Mark,
      For the record, my lawyer is excellent and he did not allow the argument that we were asking for something in a different format. We argued all along that a budget is a budget and both proposed and default budgets need to be given out in line item detail.

  5. Mark Acciard

    Yes, but unfortunately, your demand met with deaf ears at the Court, because the citizen does not have the right to demand a format in which the info does not already exist. This is long established precedent. I met it myself in trying to get the Town of Atkinson to give the Budcom the budget in excel spreadsheet format, instead we created our own and used it.

    My point was that the info you were requesting was less about a particular format, and more about their method of complying with the law. The law requires certain subtractions and additions as laid out by Arthur previously. It is a demonstrable lie for them to claim they did not go through the operating budget line by line to achieve this, but somehow still complied with the law.

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