AG: Benson Volunteers are State Officials

By Josh Rogers on Tuesday, December 9, 2003.

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The New Hampshire Attorney General's office says two people who've done state work for Governor Craig Benson but who have never been on the state payroll are legally state officials. The AG's ruling shields some of their work from public scrutiny. But at the same time, raises more questions about the Governor's reliance on volunteer staff.

A right-to-know request filed by the state democratic party prompted the Attorney General?s analysis of government volunteers. The democrats had sought more information about the duties of former Cabletron employees Angela Blaisdell and Ray Marshall?..Most specifically, the democrats wanted copies of all Blaisdell and Marshall?s communications involving state business.?? They also wanted a list of all ?volunteers? serving the in the Benson administration??The Ag?s office said the governor need not provide a list of volunteers because no such list exists. And while the AG did release of about 200 documents,??..Many others were withheld. They include Blaisdell and Marshall?s interactions with department heads. Assistant Attorney General Daniel Mullen.

?Our argument is that they are part of the governor?s staff, and as part of the governor?s staff they are subject to a lot of exemptions, one of which we refer to as executive privilege.?

?Attorney Mullen cites that executive privilege doctrine in his letter, but the NH Supreme Court has not created that type of a privilege for the governor.?

That?s state democratic Party Chair Kathy Sullivan.

?The claim is that Mr. Marshall and Ms. Blaisdell are members of the governor?s staff, yet when you go the list of Governor?s staff they are not listed. We don?t know who these people are. We don?t know who they have supervisory authority over. We don?t know what type of decisions they make. We don?t? know whose paying them. We don?t know what sort of conflicts of interest they have.?

Sullivan says the Democratic party is considering it?s options, but she says it?s a 90 percent chance they will sue in an effort to gain more information.?? Meanwhile, the attorney general?s office continues its investigation of Benson volunteer Linda Pepin?s role in brokering state health care contracts. Assistant Attorney General Mullen says the judgment that Benson?s volunteers are ?state officials? means anyone doing public business for the Benson administration could be subject to laws governing state employee conduct.

?Certainly depending on the circumstances they may well fall under those statutes, yes.?

For now at least, the Governor is choosing to keep his own counsel on the matter. In the past, Benson has largely brushed off questions about his volunteers on the grounds that answering would compromise their rights as private citizens. Speaking to reporters yesterday from Washington DC, Benson declined to weigh in on the AG?s ruling.

?No I don?t have any thoughts on this.?