Taylor v. Oyster River, et al. 2011 Court Papers

Court papers for David K. Taylor v. Oyster River Cooperative School Board and Henry Brackett, docket number 219-2011-CV-000349.

This lawsuit alleging violations of the New Hampshire Right-to-Know law against the Oyster River School Board covers roughly the time from March 2011 through July 2011 during which time the Board bought out in full the contract of Superintendent Howard Colter for $185,000 and hired Interim Superintendent Leon Levesque. The violations included refusal to respond to a Right-to-Know request, illegal meetings under consultation with legal counsel, illegal committee meetings, and numerous violations of the requirements of the RTK law. This lawsuit was initiated by a petition on August 4, 2011.

The petition was amended on September 28, 2011 and the hearing on the merits was on November 17, 2011. The final order was rendered on January 17, 2012. The judge found the Board had violated the Right-to-Know law in many different ways and ordered the Board to pay for the plaintiff's legal fees and costs. Most of the costs were due to depositions of Henry Brackett, Ann Wright and Megan Turnbull that provide insight into the operation of the Board during these illegal meetings.

The RTK requests that preceeded this lawsuit and the depositions produced documents that provide additional insight. These documents are of particular note:

  1. April 29, 2011 Lawyer invoice showing buyout started March 24, 2011 and bills sent to Henry Brackett's home address
  2. May 21, 2011 Ann Wright asking about reprimand of Ann Lane and Jim Kach for bullying employees
  3. May 21, 2011 Megan Turnbull seeks PR help
  4. May 23, 2011 Lawyer advising how to hide PR interview
  5. May 27, 2011 Henry Brackett approves spending funds without Board approval and instructs PR firm how to hide bill
  6. May 30, 2011 PR firm writes letter responding to students about graduation
  7. June 6, 2011 Henry Brackett setting up bona fide interview for interim superintendent at illegal meeting
  8. June 12, 2011 Ann Wright exposing illegal interviews for interim superintendent and illegal decisions at non-meetings with lawyers
  9. June 15, 2011 Henry Brackett and Jocelyn O'Quinn trying to cover up illegal interviews for interim superintendent
  10. June 17, 2011 PR firm tells how to handle the public
  11. June 2011 Durham Police Department calendar showing illegal interim superintendent interviews

Here are the complete set of court documents:

  1. August 4, 2011 Petition

    1. Cover Letter
    2. Petition
    3. Exhibits
      1. Exhibit 1: April 19, 2011 11:18 p.m. Email from Brackett to the Board on "non-meeting - confidential".
      2. Exhibit 2: May 13, 2011 Invoice from Hoefle, et. al. to Brackett re "Termination of Howard Colter".
      3. Exhibit 3: July 6, 2011 11:32 a.m. Email from Wendy DiFruscio to Diane Gorrow on "Fw: confidential".
      4. Exhibit 4: June 24, 2011 4:55 p.m. Email from Butts to Wendy DiFruscio on "FW: confidential".
      5. Exhibit 5: June 3, 2011 Invoice from Hoefle, et. al. to Brackett re "Termination of Howard Colter".
      6. Exhibit 6: June 2011 Durham Police Department Community Meeting Room calendar.
      7. Exhibit 7: June 22, 2011 Letter from David L Kurz to Alix Handelsman on Durham Police Department Community Meeting Room calendar.
      8. Exhibit 8: June 22, 2011 5:43 a.m. Email from Wright to Wendy DiFruscio on "Fw: The interim situation".
      9. Exhibit 9: June 28, 2011 Invoice from Hoefle, et. al. to Brackett re "Termination of Howard Colter".
      10. Exhibit 10: June 14, 2011 4:47 p.m. Email from Wright to the Board on "A motion tomorrow".
      11. Exhibit 11: June 20, 2011 10:58 a.m. Email from Taylor to Wendy DiFruscio, et. al., on "RTK: Non-Meeting Arrangements".
      12. Exhibit 12: June 21, 2011 8:12 a.m. Email from Wendy DiFruscio to Taylor on "RE: RTK: Non-Meeting Arrangements".
      13. Exhibit 13: June 30, 2011 1:54 p.m. Email from Wendy DiFruscio to Taylor on "RTK Request".
      14. Exhibit 14: July 7, 2011 9:28 a.m. Email from Wendy DiFruscio to Taylor on "RTK".
      15. Exhibit 15: July 7, 2011 10:20 a.m. Email from Taylor to Wendy DiFruscio, Brackett, Wright, et. al., on "RE: RTK".
      16. Exhibit 16: July 7, 2011 3:12 p.m. Email from Wendy DiFruscio to Taylor on "FW: Oyster River Cooperative School District - Right-To-Know Law Responses".
      17. Exhibit 17: July 7, 2011 Letter from Wendy DiFruscio to Taylor on "Re: Oyster River Cooperative School District - Right-To-Know Law Request".
      18. Exhibit 18: July 7, 2011 Invoice from Wendy DiFruscio to Taylor on "Materials Requested: Right to Know Information".
      19. Exhibit 19: July 7, 2011 11:55 p.m. Email from Taylor to Wendy DiFruscio, Brackett, Wright, et. al., on "RTK: Interim Candidates".
      20. Exhibit 20: July 11, 2011 11:08 a.m. Email from Wendy DiFruscio to Taylor on "RE: Interim Candidates".
      21. Exhibit 21: July 11, 2011 2:21 p.m. Email from Wendy DiFruscio to Taylor on "FW: Message from KMBT_C452".
      22. Exhibit 22: July 11, 2011 Letter from Wendy DiFruscio to Taylor on "Re: Oyster River Cooperative School District - Right-To-Know Law Request".
      23. Exhibit 23: July 13, 2011 3:09 p.m. Email from Taylor to Wendy DiFruscio on "RTK Status?".
      24. Exhibit 24: July 13, 2011 3:41 p.m. Email from Wendy DiFruscio to Taylor on "RE: RTK Status?".
      25. Exhibit 25: July 21, 2011 2:03 p.m. Email from Taylor to Wendy DiFruscio, et. al. on "RTK 20 June Status?".
      26. Exhibit 26: July 21, 2011 3:02 p.m. Email from Wendy DiFruscio to Taylor on "RE: RTK 20 June Status?".

  2. August 8, 2011 Orders of Notice

    1. Cover Letter
    2. Orders of Notice

  3. August 11, 2011 Acceptance of Service

    1. Acceptance for the Board
    2. Acceptance for Henry Brackett

  4. August 17, 2011 Notice to Take Oral Deposition of Henry Brackett

  5. August 22, 2011 Deposition Transcript of Henry Brackett

  6. September 6, 2011 Special Appearance of Dennis Ducharme for the Board and Brackett

  7. September 8, 2011 Court Order re: Rescheduling/Answer

    1. Notice of Hearing
    2. Notice of Decision
    3. Court Order re: Rescheduling/Answer

  8. September 12, 2011 Answer

    1. Cover Letter
    2. Answer

  9. September 14, 2011 Request for 2 Hours

  10. September 28, 2011 Motion to Amend Petition for Injunctive Relief Pursuant to RSA 91-A:7

    1. Motion to Amend Petition
    2. Amended Petition

  11. September 29, 2011 Notice to Take Oral Deposition of Ann Wright

  12. September 29, 2011 Notice to Take Oral Deposition of Megan Turnbull

  13. September 30, 2011 Motion for Protective Order and Request for Expedited Hearing

    1. Cover Letter
    2. Motion for Protective Order and Request for Expedited Hearing

  14. September 30, 2011 Order on Defendant's Motion for Protective Order and for Expedited Hearing

    1. Notice of Decision
    2. Order on Defendant's Motion for Protective Order and for Expedited Hearing

  15. October 6, 2011 Deposition Transcript of Ann Wright

  16. October 7, 2011 Deposition Transcript of Megan Turnbull

  17. October 13, 2011 Notice of Decision on Motion to Amend Petition

  18. October 27, 2011 Notice of Hearing

  19. November 14, 2011 Defendant's Trial Papers

    1. Cover Letter
    2. Answer
    3. Request for Findings of Fact and Rulings of Law
    4. Pretrial Memorandum

  20. November 16, 2011 Plaintiff's Request for Findings of Fact and Rulings of Law

  21. November 16, 2011 Plaintiff's Exhibit List

  22. November 17, 2011 Plaintiff's Exhibits

    1. Exhibit 1
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    105. Duplicate of exhibits 259, 260 and 261.
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  23. November 17, 2011 Deposition Errata for Henry Brackett

  24. November 17, 2011 Deposition Errata for Megan Turnbull

  25. November 17, 2011 Deposition Errata for Ann Wright

  26. November 17, 2011 Plaintiff's Opening Statement at Trial

  27. November 28, 2011 Plaintiff's Revised Request for Findings of Fact and Rulings of Law

  28. November 28, 2011 Plaintiff's Revised Exhibit List

    1. Exhibit 1: May 5, 1999 ORCSD Board Policy BBAA - Individual Members. [Old #027]
    2. Exhibit 2: November 18, 2009 ORCSD Board Policy BDB - School Board Officers. [Old #028]
    3. Exhibit 3: November 18, 2009 ORCSD Board Policy BDG - Attorney. [Old #029]
    4. Exhibit 4: October 17, 2007 ORCSD Board Policy BE - School Board Meetings. [Old #030]
    5. Exhibit 5: March 24, 2010 Board Workshop Minutes. [Old #259 p. 23-24]
    6. Exhibit 6: March 24, 2011 ORCSD Board Workshop Minutes. [Old #039]
    7. Exhibit 7: April 12, 2011 5:02 p.m. email thread begun by Brackett forwarded for legal review August 10, 2011 6:44 p.m. from Brackett on "Fwd: Non-public meeting - CONFIDENTIAL". Released to Portalupi on August 12, 2011. [Old #202]
    8. Exhibit 8: April 13, 2011 ORCSD Notice of School Board Special Meeting. [Old #047]
    9. Exhibit 9: April 13, 2011 ORCSD Board Special Meeting DRAFT Minutes. [Old #048]
    10. Exhibit 10: May 13, 2011 Invoice from Hoefle, et al. to Brackett re "Termination of Howard Colter". [Old #002]
    11. Exhibit 11: April 18, 2011 Brackett calendar from April 18, 2011 to April 24, 2011. Released August 22, 2011 at Deposition of Brackett. [Old #118]
    12. Exhibit 12: April 19, 201 11:18 p.m. email thread on "non-meeting -confidential" begun by Brackett forwarded for legal review June 22, 2011 5:46 a.m. from Wright. Released to Taylor on July 7, 2011. [Old #152]
    13. Exhibit 13: June 3, 2011 Invoice from Hoefle, et al. to Brackett re "Termination of Howard Colter". [Old #005]
    14. Exhibit 14: May 20, 2011 Letter from the ORHS Senior Class Senate to the Board on graduation. [Old #257]
    15. Exhibit 15: May 20, 2011 9:21 p.m. email thread on "Contact Info." begun by Turnbull forwarded for legal review August 20, 2011 9:59 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #236]
    16. Exhibit 16: May 21, 2011 9:02 a.m. email thread on "Discuss crisis management and PR assistance" begun by Turnbull forwarded for legal review October 5, 2011 4:34 p.m. from Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull. Includes blind copies to other Board members. [Old #247]
    17. Exhibit 17: May 21, 2011 9:02 a.m. email thread on "Discuss crisis management and PR assistance" begun by Turnbull forwarded for legal review October 5, 2011 4:40 p.m. from Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull.. [Old #253]
    18. Exhibit 18: May 22, 2011 10:57 a.m. email thread on "Plan on conference call tonight at 8PM" begun by Turnbull forwarded for legal review October 5, 2011 4:35 p.m. from Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull. [Old #248]
    19. Exhibit 19: May 22, 2011 11:00 a.m. email thread on "Discuss crisis management and PR assistance" begun by Turnbull forwarded for legal review August 20, 2011 4:17 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #232]
    20. Exhibit 20: May 23, 2011 9:15 a.m. email thread on "ATTORNEY CLIENT PRIVILEGE -- Meeting today with PR people" begun by Wright forwarded for legal review August 19, 2011 10:12 a.m. from Kim Memmesheimer. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #203]
    21. Exhibit 21: May 24, 2011 11:53 a.m. email thread on "Draft Press Release - Attorney Client Privilege Document" begun by Turnbull forwarded for legal review August 20, 2011 4:16 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #231]
    22. Exhibit 22: May 25, 2011 9:24 a.m. email thread on "Call with Rhoades on Friday" begun by Turnbull forwarded for legal review October 5, 2011 4:36 p.m. from Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull. [Old #250]
    23. Exhibit 23: May 26, 2011 5:05 a.m. email thread on "Today's meeting" begun by Brackett forwarded for legal review August 10, 2011 5:01 p.m. from Brackett. Released to Taylor on August 12, 2011. [Old #197]
    24. Exhibit 24: May 26, 2011 2:32 p.m. email thread on "Call with Rhoades Alderson Tomorrow (Friday) at 2:30PM" begun by Turnbull forwarded for legal review October 5, 2011 4:36 p.m. from Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull. [Old #249]
    25. Exhibit 25: May 26, 2011 2:38 p.m. email thread on "Another note about tomorrow's call with Rhoades" begun by Turnbull forwarded for legal review August 20, 2011 4:12 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #226]
    26. Exhibit 26: May 26, 2011 7:05 p.m. email thread on "Attorney-Client Privilege Information - Conference Call Billing" begun by Arthur "Skip" Hanson forwarded for legal review August 20, 2011 4:11 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. Release did not include attachment. [Old #224]
    27. Exhibit 27: August 31, 2011 Response to August 25, 2011 Right-to-Know request on New Harbor Group invoices. [Old #109]
    28. Exhibit 28: May 27, 2011 4:34 p.m. email thread on "Background info including letter from Oyster River Student Senate" begun by Turnbull forwarded for legal review August 20, 2011 4:08 p.m. Email from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #221]
    29. Exhibit 29: May 29, 2011 10:49 p.m. email thread on "Draft letter responding to Oyster River Student Senate" begun by Turnbull forwarded for legal review October 5, 2011 4:39 p.m. from Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull. Release did not include attachment. [Old #252]
    30. Exhibit 30: May 31, 2011 10:36 a.m. email thread on "a request" begun by Brackett forwarded for legal review June 25, 2011 from Kach. Released to Taylor on August 19, 2011 for deposition of Brackett. [Old #168]
    31. Exhibit 31: May 31, 2011 9:26 p.m. email thread on "FYI Interim Superintendent Position" begun by Brackett forwarded for legal review June 25, 2011 from Kach. Released to Taylor on August 19, 2011 for deposition of Brackett. [Old #167]
    32. Exhibit 32: May 31, 2011 9:26 p.m. email thread on "Interim Superintendent Position" begun by Brackett. Released to Taylor on October 7, 2011 for deposition of Turnbull. [Old #138]
    33. Exhibit 33: June 28, 2011 Invoice from Hoefle, et al. to Brackett re "Termination of Howard Colter". [Old #009]
    34. Exhibit 34: June 2, 2011 7:47 a.m. email thread on "Letter to the Class of 2011 from the ORCSD School Board" begun by Turnbull forwarded for legal review August 20, 2011 4:01 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #217]
    35. Exhibit 35: June 2, 2011 8:17 a.m. email thread on "Confidential - Suggestions for interim superintendent" begun by Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull. [Old #136]
    36. Exhibit 36: June 2, 2011 11:11 p.m. email thread on "Meeting on Monday" begun by Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull. [Old #137]
    37. Exhibit 37: June 3, 2011 9:40 a.m. email thread on "Meeting Location Confirmed" begun by Turnbull forwarded for legal review August 20, 2011 3:58 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #215]
    38. Exhibit 38: June 6, 2011 3:39 p.m. email thread on "Numbers" begun by Arthur "Skip" Hanson forwarded for legal review August 20, 2011 3:57 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #214]
    39. Exhibit 39: June 7, 2011 8:26 a.m. email thread on "Call to discuss upcoming announcements" begun by Turnbull forwarded for legal review August 20, 2011 3:54 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #213]
    40. Exhibit 40: June 8, 2011 9:52 p.m. email thread on "Fwd:" begun by Wright forwarded for legal review August 20, 2011 3:51 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #209]
    41. Exhibit 41: June 9, 2011 7:11 a.m. email thread on "Oyster River news today and help with delivering news" begun by Turnbull forwarded for legal review August 20, 2011 3:50 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #208]
    42. Exhibit 42: June 12, 2011 7:21 a.m. email thread on "CONFIDENTIAL: Attorney-Client Privilege Information Fwd: The interim situation" begun by Wright forwarded for legal review June 22, 2011 5:41 a.m. from Wright. Released to Taylor on July 7, 2011. [Old #150]
    43. Exhibit 43: June 12, 2011 4:10 p.m. email thread on "Cell phone FYI" begun by Brackett forwarded for legal review August 20, 2011 3:47 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #207]
    44. Exhibit 44: June 12, 2011 4:34 p.m. email thread on "Interim Superintendent" begun by Brackett forwarded for legal review August 20, 2011 3:46 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #205]
    45. Exhibit 45: June 12, 2011 8:47 p.m. email thread on "Guidence for Interim Superintendent" begun by Brackett forwarded for legal review August 20, 2011 3:45 p.m. from Brackett. Released to Taylor on August 22, 2011 for deposition of Brackett. [Old #204]
    46. Exhibit 46: June 13, 2011 12:55 p.m. email thread on "Interim Superintendent" begun by Howard Colter forwarded for legal review June 22, 2011 5:39 a.m. from Wright. Released to JoAnn Portalupi on July 7, 2011. Redacted name is Lyonel Tracy. [Old #149]
    47. Exhibit 47: June 13, 2011 3:04 p.m. email thread on "Interim supt best practices" begun by Butts forwarded for legal review June 24, 2011 5:00 p.m. from Butts. Released to Taylor on August 19, 2011 for deposition of Brackett. [Old #164]
    48. Exhibit 48: June 14, 2011 4:47 p.m. email thread on "A motion tomorrow" begun by Wright forwarded for legal review August 10, 2011 11:04 a.m. from Brackett. Released to Taylor on August 12, 2011. [Old #191]
    49. Exhibit 49: June 15, 2011 3:38 p.m. email thread on "additional press releases" begun by Wright forwarded for legal review June 28, 2011 11:10 a.m. from O'Quinn. Released to Taylor on August 19, 2011 for deposition of Brackett. [Old #170]
    50. Exhibit 50: June 15, 2011 ORCSD Board Regular Meeting Minutes. [Old #062]
    51. Exhibit 51: June 15, 2011 ORCSD Board Non-public Minutes without dollar amount. [Old #060]
    52. Exhibit 52: June 15, 2011 Confidential Settlement Agreement and Release between Howard Colter and the Board. [Old #093]
    53. Exhibit 53: June 16, 2011 1:45 p.m. email thread on "non public minutes" begun by Wright forwarded for legal review June 24, 2011 8:51 a.m. from Butts. Released to Taylor on August 19, 2011 for deposition of Brackett. [Old #159]
    54. Exhibit 54: June 17, 2011 6:06 a.m. email thread on "What is going on?" begun by Wright forwarded for legal review August 10, 2011 11:03 a.m. from Brackett. Released to Taylor on August 12, 2011. [Old #189]
    55. Exhibit 55: June 17, 2011 8:32 a.m. email thread on "Next steps with the press" begun by Turnbull forwarded for legal review June 28, 2011 11:33 a.m. from O'Quinn. Released to Taylor on August 19, 2011 for deposition of Brackett. [Old #172]
    56. Exhibit 56: June 17, 2011 8:57 a.m. email thread on "Op/Ed and article today - further guidance requested" begun by Turnbull. Released to Taylor on October 7, 2011 for deposition of Turnbull. [Old #145]
    57. Exhibit 57: June 17, 2011 12:15 p.m. email thread on "What is your availability on Tuesday to talk to the communications specialist" begun by Turnbull forwarded for legal review June 28, 2011 11:38 a.m. from O'Quinn. Released August 19, 2011 for deposition of Brackett. [Old #175]
    58. Exhibit 58: June 17, 2011 3:10 p.m. email thread on "Call Scheduled for 10AM Tuesday" begun by Turnbull forwarded for legal review June 28, 2011 11:37 a.m. from O'Quinn. Released August 19, 2011 for deposition of Brackett. [Old #173]
    59. Exhibit 59: June 17, 2011 8:13 p.m. email thread on "Conference bridge for Tuesday's call" begun by Turnbull forwarded for legal review June 28, 2011 11:37 a.m. from O'Quinn. Released August 19, 2011 for deposition of Brackett. [Old #174]
    60. Exhibit 60: June 21, 2011 4:03 p.m. email thread on "Please forward to the full board" begun by JoAnn Portalupi. Released to JoAnn Portalupi on July 7, 2011. [Old #147]
    61. Exhibit 61: June 22, 2011 published ORCSD Board Non-public Minutes for June 15, 2011 nonpublic session with dollar amount. [Old #061]
    62. Exhibit 62: June 22, 2011 4:33 p.m. email thread on "Buyout Cost Posted" begun by Taylor forwarded for legal review August 10, 2011 10:59 a.m. from Brackett. Released to Taylor on August 12, 2011. [Old #187]

  29. January 19, 2012 Final Order

    1. Notice of Decision
    2. Final Order

  30. January 25, 2012 Taxation of Costs

  31. January 27, 2012 Plaintiff's Motion to Reconsider

  32. February 6, 2012 Defendant's Objection to Motion to Reconsider

  33. February 17, 2012 Notice of Decision on Motion to Reconsider