Benson's "Virtual Team" and the Right To Know

By Josh Rogers on Tuesday, April 15, 2003.

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After taking office, one of Governor Craig Bensonï¿½s first decisions was to not assign staffers traditional titles and duties. Instead, Benson put together what he calls a ï¿½virtual team.ï¿½ Some of whom are not paid with state money. According to the Benson administration, these workers are volunteersï¿½..and therefore their qualifications are not really the publicï¿½s business. The New Hampshire democratic party begs to differï¿½.And is demanding Benson release details about the backgrounds and duties of several ï¿½virtual teamï¿½ members. The dispute raises questions about executive branch accountability, and the publicsï¿½ right-to-know. NHPRï¿½s Josh Rogers reports.

In his brief public life, Governor Benson, has consistently cast himself as what he calls a ï¿½change agentï¿½ ï¿½ a fresh thinker committed to bringing the best of the private sector to state government. That M.O. apparently extends to using private employees to carry out some government duties. Kathy Sullivan, chair of the state Democratic Partyï¿½..says if thatï¿½s case the public has a right to know who these people are.

"Craig Benson ran for governor, with that comes an obligation to be held accountable to the public. Refusing to answer questions is not acceptable. He needs to tell us who in fact is running state government."

Specifically, Sullivan says Benson need to spell out the qualifications of Angela Blaisdell. Sheï¿½s the virtual team member heï¿½s tapped as his liason to state and federal emergency management and homeland security officials. Blaisdell is a former Cabletron employee, who also manages Bensonï¿½s personal finances. Benson pays Blaisdell an undisclosed sum from his own pocketï¿½..Sullivan says citizens should always worry when non-governmental employees are entrusted with sensitive state information.

"There is potential access here to confidential state security informationï¿½.Confidential state employee informationï¿½.and confidential contract informationï¿½ï¿½.All Iï¿½m asking is basic information that as citizens we are entitled to."

And Benson has been retentive about Blaisdellï¿½s backgroundï¿½..At first, he refused to answer any questions on the grounds it would compromise Blaisdellï¿½s right to privacyï¿½..The Governorï¿½s office has since divulged the followingï¿½.Angela Blaisdell is 31ï¿½ï¿½and lives somewhere in New Hampshireï¿½..Blaisdell rose through the ranks at Cabletronï¿½ï¿½where she ultimately worked as an assistant to Benson and other top executives. She is a high school graduate and completed some college. In addition to her work in Concord, Blaisdell also attends to Bensonï¿½s personal business from an office in Portsmouth. Governor Benson says heï¿½s comfortable with that arraignment, his mix of staff, and their different levels of public accountability. He says the rest of New Hampshire should be as well.

"Iï¿½ve got a number of internal staff people who that work for the state of NH --their salaries are public and what they do is generally public. And then I have a couple of people who work for me as volunteers who are private citizensï¿½..and if they donï¿½t want to be exposed to where they live or other questions about,you know, things like that then I donï¿½t know if they should have to answer questions like that. They are volunteers. We wouldnï¿½t certainly ask people like that who worked at a soup kitchen, and um, thatï¿½s what I think."

Bensonï¿½s comparing assisting with matters of state security to pitching in at a soup kitchen is ultimately neither here nor thereï¿½..More germane, is how Benson-style ï¿½volunteerismï¿½ squares with the stateï¿½s right to know law.

"The publicï¿½s right to know lawï¿½..even though it has this broad spirit this broad goalï¿½..Is limited to really saying that when you hold a meeting of a particular body in particular circumstances then the public has a right to be there or to lean about it. So thatï¿½s actually pretty limited in terms of what it covers."

Thatï¿½s Manchester attorney William Saturley. He says the law explicitly addresses the Governor only in respect to his or her dealings with the executive council. But even so, Saturley says that doesnï¿½t necessarily mean information about Blaisdell and other volunteers is necessarily private.

"There may be other place,other reasons why whatï¿½s sheï¿½s done has to come out. Iï¿½m just not sure youï¿½re going to find it there."

Attorney Gregory Sullivanï¿½..is a right to know specialistï¿½.whose clients include the Manchester Union leader agreesï¿½.. Sullivan agrees with Saturley. But he says those seeking further guidanceï¿½..should look to the constitution.

"Part one article 8 basically holds that all and I emphasize the words all magistrates and officials are servants and agents of the people and as such are responsible and accountable to themï¿½.Thatï¿½s plain and simpleï¿½.You know whether we are talking about a Governorï¿½.a Senatorï¿½.or a police officer. They are our representativesï¿½.and our agents and their business is our business."

Sullivan further adds that in the 1976 state supreme court decision of Bradbury V. Shaw, the courts ruled that the publicï¿½s right to know can extend to proceedings of volunteer bodies formed at the behest of a elected officials. But so far the courts have not heard an equivalent case involving individual volunteers. But if the words of Governor Benson are any guideï¿½.The courts could soon have that opportunity.

"Those volunteers are active participants in my office and having volunteers to help make this state a better place, I think is extremely important to the functions of government on a go forward basis."