# NH Supreme CT Overturns Appointment of Sheriff



## Inspector (Nov 13, 2006)

The state Supreme Court overturned the appointment of Belknap County Sheriff Craig Wiggin, who was chosen a year ago to fill out the term of the retiring sheriff, because he was chosen by secret ballot and not in a public vote. 
The use of the secret ballot, the justices said yesterday, violated the state's Right-to-Know law because the sheriff's position is elected. 
The case was brought by two friends from the Lakes Region, Tom Tardif and Doug Lambert, and they did it without a lawyer. Tardif argued his points before the state Supreme Court in March. "I was honored to get that far to present my case," he said yesterday. "I felt respected by the court. I was comfortable with the questions and the demeanor of the justices." 
In addition to invalidating Wiggin's selection, the court also ordered Belknap County officials to make public the applications, recommendation letters and score sheets for each of the seven people who applied for the sheriff's vacancy. It's something the county officials have refused to do. 
"Absent disclosure," the court said, "members of the public would be left in the dark and would have no means of assessing the votes of their representatives." 
Wiggin was unaware of the ruling when reached around noon and said he wasn't sure what it meant for his position. Laconia Motorcycle Week, the area's biggest event, begins today and consumes the attention of law enforcement, the sheriff's office included. 
Wiggin referred calls to Rep. Steven Nedeau of Meredith, who heads the Belknap County Convention. Neither Nedeau nor county Commissioners Christopher Boothby and Philip "Bud" Daigneault could be reached. The county's lawyer in the case, Daniel Mullen of Concord, also could not be reached. 
This case began about a year ago, after the elected sheriff, Dan Collis, resigned to take a private security job. 
In May the Belknap County Convention, which consists of the local elected representatives, met in nonpublic session to discuss how to fill Collis's position. The following month, the convention met again in private session to interview the seven people who had applied, according to the court's opinion. When the group returned to a public session, it announced the name of two finalists but declined to disclose the names of others who had applied. 
Tardif and Lambert, who have a history of watching over local government, asked county officials for the applications and recommendation letters of all seven applicants. They also wanted the score sheets the county representatives had used to rate the applicants during their private interviews. 
The county refused to give Tardif and Lambert the documents, so the two men asked the Belknap County Superior Court to intervene, alleging a violation of the state's Right-to-Know law. Superior Court Judge Bruce Mohl refused the request, saying the applicants' right to privacy outweighed the public's right to the information in their applications and letters of recommendation. 
In late June 2007, the county convention members interviewed the two finalists in public but voted by secret ballot. In a vote of 10-4, with one abstention, Wiggin was selected as the new sheriff. 
Tardif and Lambert returned to the superior court and argued that Wiggin's appointment should be invalidated because the secret ballot vote violated the state's Right-to-Know law. While Mohl agreed that a secret ballot vote in a public session had violated the law, he let Wiggin's appointment stand. Mohl concluded that the county officials could have done the entire sheriff selection in private so they'd actually been more open than required by law. 
Tardif and Lambert appealed to the state Supreme Court. 
On appeal, the county argued that its officials have a right to hire staff and that state law allows hiring to be done in a nonpublic session. The justices disagreed. "In common understanding, public officials are elected or appointed, not hired," their opinion said.
CONCORD MONITOR


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## Inspector (Nov 13, 2006)

The Belknap County Sheriff's Office is being run by a deputy, at least temporarily, in light of Friday's state Supreme Court ruling invalidating the selection of sheriff a year ago. 
The justices said the Belknap County convention violated the state's right-to-know law when it voted secretly to appoint Craig Wiggin to fill out the term of sheriff after the elected candidate, Dan Collis, resigned to take a job in the private sector. 
Because the sheriff's position is an elected one, the replacement process should have been done publicly, the court said. 
Rep. Alida Millham, vice chairwoman of the county delegation, said yesterday that Wiggin has taken leave from his job long enough for the delegation to revote, this time in public. 
That is scheduled to happen June 26, which is the earliest day the group could meet and give the amount of public notice required by law. 
Millham said she expects Wiggin will remain the group's top choice. 
In the meantime, Deputy Sheriff Chris Cost is running the office. 

CONCORD MONITOR


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