How Senators Clegg, Gallus, Boyce, Flanders and Martel sold out New Hampshire's tradition of local control.

or: Why Tamworth should stay on the political radar screen

by Chaz Proulx

posted July 13, 2005

One of the cold-hard-facts of the 2005 legislative session is this: every important piece of legislation either dies or flies at the whim of a rigidly controlled group of right wing senators. Whether it's minimum wage, the state budget, Medicaid block grants, school funding or John Stephens diabolical consolidation of mental health services--they all meet their fate in the Senate--and the results are always compatible with the George Bush, Grover Norquist, Carl Rove, Bob Clegg, Robert Boyce, Robert Flanders, David Carney etcetera-and-so-on, worldview.

This worldview includes the notion that it's a political virtue to grab as much special interest money as you can stuff into your pockets. A former Texan recently told me that in the Lone Star State voters reason that if a politician isn't smart enough to take the money then he/she isn't smart enough to deserve election. New Hampshire voters don't think that way—unfortunately New Hampshire's G.O.P. leadership does.

At any rate, it's about time a political price was paid for mixing up vice and virtue--and if any issue has left this gang vulnerable in the next election it's the Tamworth Racetrack issue that began with Senate Bill 458 in 2004.

The process and results of SB 458 were so underhanded that an outraged House of Representatives tried to reverse it in 2005 with House Bill 90. The story behind HB 90 is dramatic—we'll return to it in a moment.

But first--much has been written about this entire subject I know, so please bear with me, and please allow me this disclaimer: I love motorsports—honest. I write for a motorcycle newsletter, I am a graduate of a competition racing school and I have worked as a flag-man during racing events. The merits of a competition driving facility of course remains an issue to the people of Tamworth and any other New Hampshire community that will be victims of Senate Bill 458 in the future-- but that's not what I'm writing about here.

So what IS the issue?

The issue is this—Senators Clegg, Gallus, Boyce, Flanders and Martel' idea of Freedom and Liberty starts and ends with unfettered corporate power. Even the conservative mantra of local control takes a back seat to their real agenda.

And what keeps this agenda front and center in the New Hampshire senate? The answer is MONEY, MONEY and MONEY. The line between right wing politics and special interest money dissolved many years ago.

So here's another disclaimer: Granted, everyone in politics needs a revenue stream—a state senate campaign in NH can now cost up to 100,000 dollars. But our right wing friends don't have a stream--they have a revenue river. Their river is made up of many more tributaries than Mainstreet Republicans, Democrats Independents can hope to match.

Money is just one reason that Tamworth deserves our continued attention— to sweeten the deal, Tamworth has all of the entertaining cutthroat elements of right wing politics we've come to expect.

TO WIT:

1.) A shell game of money and favors,

2.) Suffocating hypocrisy

3.) Stealth tactics

4.) A loaded legislative process

5.) And ( last but not least) sophisticated political bullying.

We'll follow the money and get back to HB 90 in just a moment.

First, how it all began:

A few years ago a group of wealthy ( claimed assets 500 million dollars according to their website) investors from all over the United States decided to build a race track in Tamworth. They named themselves Club Motorsports and set up shop in Derry. Club Motorsports quickly ran into problems because under NH laws, racetracks were regulated first and foremost by local control. In Tamworth a number of people were against having a track in their town. At the very least they wanted Tamworth to have final say on noise levels, environmental concerns and the general impact this facility would have on this quiet town in the White Mountains. New Hampshire law guaranteed them just that.

In a town meeting the people of Tamworth adopted a very tough noise ordinance that effectively killed Club's facility. I've spoken with one of the principles of Club Motorsports—he complained that these townspeople waited around at the meeting until they had the vote and then passed their tough ordinance.

Well, sorry, but that's the way we do things under local control. School budgets get slashed by libertarians using the same procedural methods—but don't expect to hear any concern from Senators Clegg, Gallus, Boyce, Flanders or Martel when the process favors their agenda. In the end town meetings seldom please everybody—but those are the rules we all play by.

But if you cozy up to Senators Clegg, Gallus, Boyce, Flanders and Martel you can do a neat end run around the rules.

Here's how they did it:

• Senators Clegg, Gallus, Boyce, Flanders and Martel sponsored SB 458.

• SB 458 redefined the word race track to accommodate the investors. The bill analysis reads: This bill defines private driving instruction and exhibition facilities and exempts such facilities from local regulation of motor vehicle race tracks.

• The bill went to the Senate Transportation Committee You might wonder why this bill went to the transportation committee—after all, these are not delivery trucks we are discussing here. You have to stretch your imagination to picture a driver wringing the heck out of a Porsche, a Ferrari, or a Corvette as transporting anything more than personal exhilaration!

A better explanation is this: Two sponsors, Senators Flanders and Martel sat on the 5 member committee with two other Republicans—the bill could pass through the committee with little scrutiny. That's the stealth part. ( another disclaimer: The NH Senate is small--there is nothing wrong with Sponsors sitting on committees—it happens all the time.) The real story here is what happened to the Transportation Committee's Chairman, Republican Senator Joe Kenney because Tamworth is in Senator Kenny's senate district.

• Senator Kenney failed to tell his constituents in Tamworth that a bill to take away control of their own town was in the works. Of course, no one else told them either. Consequently, no one from Tamworth showed up to testify against the law.

Thus, the citizen's of Tamworth were neatly denied representation.

Call it what you want, but Senator Kenney bowed to pressure from G.O.P. leadership and sold out his own constituents. Senate bill 458 came out of committee without drawing public scrutiny.

What kind of pressure can lead a decent-hearted Senator like Joe Kenney to clam up like that?

That's where bullying comes in. How does this work?

Think political threats and retribution.

Think Republican Senate leader Bob Clegg.

Think David Carney's Committee to elect Republican Senators.

Think The New Hampshire Business Alliance.

Think of Grover Norquist' lemmings in the NH House and Senate

If Senator Kenney had done the right thing and told his constituents what was going on—he would have risked the wrath of all the miserably mean folks above. Don't take my word for it. If you know a Mainstreet Republican in the House or Senate, ask them how this works. A lot of Republicans are fed up too, and will be too happy to talk to you about it.

• In the end, SB 458 fast tracked through the House of Representatives and then Governor Craig "local control" Benson's signature--the whole thing took less than 60 days. The bill was approved on March 5, 2004 and went into effect on May 4, 2004.

Now let's follow the money:

We'll begin with campaign disclosures forms filed in the NH Secretary of States office—but first--please allow me yet another disclaimer: Campaign disclosure filings are public record, but nearly impossible to follow. This is common knowledge amongst NH media—that's why you see very little reporting about money trails. (Reform legislation is in the planning stages— Democracy for NH's fair elections committee and other concerned parties are brainstorming right now. Watch who fights reform tooth and nail in the next legislative session!)

Suffice to say, there are numerous gray areas especially as regards lobbyists. Sometimes lobbyist contributions are entered by proper name and the word lobbyist, sometimes their business is entered under the law firm they work for and at other times they are listed under a particular business entity they represent.

In fairness to NH lobbyists (many of whom represent both sides of the political spectrum equally) they have no control over how our senators report lobbying monies. Another complicating factor is that most money changes hands at fund raisers--lobbyists, their clients and our Senators all mingle at the same time on the same date. It is impossible to tease out who gave what to whom and why. For example, the lobbyists for Club Motorsports work for a major law firm that contributes money to many candidates from both parties year in and year out. Technically speaking then, contributions are not given in behalf of a particular client.

All of which makes it very hard to analyze campaign contributions. That's a very good thing for those who would like to obscure the money trail.

With all that in mind, here is the public record:

Senator Robert Clegg: On January 28, 2004 Senator Bob Clegg received a $250 campaign contribution from Club Motorsports Inc. On that same date January 28, 2004 Senator Clegg also received $100 from a lobbyist registered as representing Club Motorsports.

Senator Robert Flanders: On May 4, 2004 Senator Robert Flanders received a $100 campaign contribution from Stephen Condodemetraky. Mr. Condodemetraky's business is listed as Club Motorsports. Inc

On that same date May 4, 2004 Senator Flanders also accepted a $100 contribution from a lobbyist registered as representing Club Motorsports. A similar $100 contribution was made a day earlier on May 3, 2004.

Also on May 4, 2004 another lobbyist registered as representing Club Motorsports contributed $100 to Senator Flanders.

Senator Andre Martel: On October 7, 2004 Senator Martel received a $500 campaign contribution from Stephen Condotrematracky. Mr. Condotrematracky's business is listed as "Owner Club Motorsports" on Senator Martel' filing.

Senator John T. Gallus: Senator Gallus reports receiving $250 from Stephen Condodemtrarky on June 6, 2004. He also reports receiving $250 from a lobbyist representing Club Motorsport.

Senator Robert Boyce: Senator Boyce reports receiving $200 from Club Motorsports on February 23, 2004. He also reports receiving $250 from Club Motorsports on June 10, 2004.

Now these are not large amounts of money and I'm not saying that our senators were paid for supporting the interests of Club Motorsport. I will say however that in the same filing period, Democratic Senators Iris Estabrook and Sylvia Larsen received no money from Club Motorsport, even though Mr. Condodemetraky happens to be a well known Democrat.

In the larger picture though, all of these small contributions from businesses add up. Senator Clegg recently rolled over $46,000 from the August 2004 filing cycle into the current cycle.

House Bill 90

In 2005 the New Hampshire House of Representative did a remarkable thing. Recognizing the shenanigans of the previous year, the House debated and overwhelmingly passed HB 90 which would have categorically reversed SB 458.

This forced a senatorial soul searching that doesn't come along every day. I was lucky enough to catch the floor debate from the Senate gallery. A lot of people from Tamworth were there too—hanging on every word while they observed the very senators who had already sold them out once.

Speaking for his colleagues, Senator Flanders fell all over himself proclaiming his deep fundamental belief in local control (well most of the time).The rest of the debate boiled down to money. Club Motorsports had spent 4 million dollars it seems since the passage of 458. In so many words, Conservative Senator Jack Barnes from Raymond asked, What signal would HB 90 send to business if Club Lost its 4 million dollar investment?

( By the way, to his credit Senator Barnes does not have his hands in the right wing revenue river. There are a few real conservatives left it seems.) Senator Barnes point was well taken, but Democratic Senator Maggie Hassen made the counter point by asking what signal does it send if it appears that the NH Senate is "Open for business."

The most compelling speech though, came from Senator Joe Kenney himself. Senator Kenney chose to speak from the heart. He admitted that the vote on HB 90 was the toughest of his 11 years in public office. In the end he announced that he supported HB 90—reversing his decision of a year before. In a clear signal to his right wing colleagues he said he would sleep well with this decision. Senator Kenney' conscience rose to the occasion—but it was too late.

The senate killed HB 90 in a cowardly fashion. A motion was made and carried to declare HB 90 inexpedient to legislate. The Senate didn't even pay the House of Representatives the courtesy of an up or down vote on the bill.

It's time to clean up the New Hampshire Senate.