AG: Concord School Board Member Violated Elections Laws

The New Hampshire Attorney General’s Office has issued a report finding that member violated state elections laws by attaching to public and private property on , and not publishing disclosure information on the signs.

Dunn printed up the signs which advocated positions on two proposals that were forwarded to voters during Concord’s municipal election. The signs advocated a Yes vote for the first question, approving the charter, and a No vote on the second question, which would change the way school board members were elected. Voters approved both questions. The second question barely passed, by 34 votes.

According to the report, two Concord residents with the Attorney General requesting an investigation into the political signs because they did not offer disclosure information and were attached to public and private property. The office looked into the complaints and interviewed Dunn who admitted that he had printed up the signs and placed them at the Ward 3 and Ward 7 polling locations, on public and private property. Dunn also admitted that there were times when the signs were left unattended.

According to the report, signs affixed to utility poles or highway signs are a violation of state law, and Dunn was found, by his admission, to have broken the law.

“Be advised that all future political advertising that you are responsible for must be displayed in a manner consistent with RSA 664:17,” Assistant Attorney General Matthew Mavrogeorge wrote in the report. “Any future violation may also result in enforcement action being taken against you.”

On the second charge, that the signs failed to contain disclosure information, such as a campaign committee name, the report found that Dunn violated the state law. However, Mavrogeorge wrote that since the U.S. Supreme Court recently found that disclosure information can sometimes cause retribution against those who are offering personal information, “we conclude that the disclosure requirements in RSA 664:14 are not enforceable against a non-candidate related individual responsible for creating political signs, who, in doing so, is not acting as a member of a group, enterprise or other organization.”

Dunn did not respond to a request for comment about the report.

Testimony counters previous statements

The testimony in the Attorney General’s report that was gathered by an investigator counters previous statements by both Dunn and School Board President .

In the report, Mavrogeorge wrote that Dunn told Investigator Mark Myrdek that he paid for the signs and “although other individuals had offered to give you some money for the signs, you declined to accept such money.”

However, this account sharply differs from previously published statements.

According to an article published Nov. 11 in the , Dunn stated he spent $284 for the signs and was reimbursed for most of the cost by Ardinger, former School Board President Claudia Damon, former Charter Commission Chairwoman and current Kimball Walker PTO member Maureen Redmond-Scura, and Ruth Perencevich. Ardinger reportedly told the Monitor that former School Board member Megan DeVorsey also donated money to the cause. Ardinger said she collected the checks from everyone.

Neither Ardinger nor Dunn responded to a request for comment or clarification on which version of events was accurate or whether the Monitor incorrectly published statements by both of them.

Both of the complainants – state Rep. , D-Concord, and Eva Sartwell – were mystified by the dual stories and why the Attorney General seemed to miss the fact that both present and past school board members were acting as a collective to hijack legislation that would regulate the board.

“It just doesn’t add up,” Watrous said, especially when considering what was written in the Monitor. “Several current and former members of the Concord School Board were involved in this sign campaign. It was even reported that Ardinger collected the checks to pay for the signs. Yet the AG’s Office finds that Dunn was not acting as a member of a group?”

Statements in the report also don’t reflect what was actually seen by voters at the polls. In the Attorney General’s report, Dunn said he left signs at the Ward 3 and Ward 7 polling locations. However, signs were reportedly left unattended and on public and private property at Ward 4 and Ward 5 polling locations too.

Lack of enforcement 'disappointing'

For Watrous, the lack of enforcement against people connected to the Concord School District breaking the law is both disappointing and discouraging.

“I am disappointed that this is the second time in recent history that members of the Concord School District have violated the law, the Attorney General’s Office investigates, finds that law breaking did indeed occur – then does not penalize the lawbreaker,” said Watrous. “Earlier, the same assistant attorney general let the school district attorney violate the lobbying law without penalty.”

Watrous said that in that instance, school district attorney completely rewrote a bill at the behest of School Superintendent and Ardinger, and successfully lobbied the state Senate to make his proposal law, effectively blocking legislation that would have returned control of the charter to Concord citizens two years ago.

“After the investigation, it was found that the lobbying law was indeed broken, but no penalty followed,” not unlike this case, he said. “Such non-action ill serves citizens and the law. I believe our laws should be enforced.”