Politics & Government

Judge Rules on Selectman, Town Manager Legal Battle

Selectman Frank Ferraro filed a petition, claiming Dean didn't provide him with information in a timely manner.

Exeter Selectman Frank Ferraro has lost a lawsuit against Town Manager Russ Dean.

Ferraro filed a petition in Rockingham County Superior Court, arguing Dean violated the state's Right-to-Know law by failing to provide him with information about a town-owned solar array in a timely manner.


"The court finds and rules that there was no violation of (the Right-to-Know law)," wrote Judge Kenneth McHugh.

Click here to read the judge's ruling.

Ferraro said he wanted the information to see if the array has been cost-effective. He claimed other citizens have had trouble accessing information from the town.

"This is about making sure the town operates in an open and transparent manner," Ferraro previously said.

Dean released the following statement Monday:

"At the hearing on September 4th, Frank Ferraro made arguments that the information he received on July 31st wasn’t good enough.  This was despite the fact he never said a word at two consecutive public board meetings subsequent to us getting him the information back on July 31st.  

I am also dismayed that Frank Ferraro asked a judge to impose a monetary penalty on me personally as if he was entitled to do so.  No one in my position should have to be a punching bag, and that is exactly what it felt like.  I've served in Town government for over 18 years now and I have never seen anything like this.  

I’m also grateful the other Board members stood behind me in what was a very difficult time.

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I hope this kind of needless litigation has not set a new standard for Exeter."

Ferraro also issued a statement:

"I am disappointed that the Court has decided that elected representatives of a Town’s citizens are not entitled to the same requirements and privileges of an ordinary citizen when it comes to the timely production of information and documents. State laws on the relationship between Selectmen and a Town Manager are silent on this issue. 

That a Town employee has the ability to choose to which selectman he will respond and how timely he will respond to that selectman is not healthy in the democratic process. Elected officials should have at least the same access to public information as private citizens if they are to properly oversee the Town’s business.

My past two and a half years experience of delayed or incomplete information lead me to believe that this is an issue the Legislature needs to address.

I will continue to work hard to protect the rights and interests of the citizens of Exeter and I humbly thank all of the Exeter citizens that continue to support me."

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