MANCHESTER (August 4, 2009) – Mayor Frank Guinta was disappointed by the actions of the City Solicitor’s Office, which has moved for reconsideration the spending cap ruling issued by Hillsborough County Superior Court Judge James O’Neill. This was done without informing Mayor Guinta or any member of the Board of Aldermen. On July 24, Judge O’Neill dismissed the case brought by the Board of Aldermen regarding the legality of the spending cap. The judge ruled that a meeting that the City Solicitor had with the Aldermen was a violation of the New Hampshire Right to Know Law (RSA 91-A) and that litigation was not properly before the court.
“As a citizen of Manchester, I am deeply troubled by the steps that the City Solicitor’s Office has taken with regards to this issue,” Mayor Guinta said. “The judge made it clear that the meeting conducted by the City Solicitor on June 25 regarding the spending cap – along with the alleged ‘consensus’ the Solicitor interpreted he had to move forward with court action – was illegal. I am quickly losing confidence in that office, since it continues to press a case initiated by an illegal action.”
Mayor Guinta said that the only people losing out are the voters of Manchester. “It has now been 11 months since the Aldermen moved the spending cap initiative onto the 2009 ballot, and instead of having informed and reasoned debate on this issue, we continue to deal with petty legal maneuvering,” Guinta said. “The voters of Manchester are being held captive by desperate legal tactics from those that oppose giving them the right to vote. Nonetheless, I am confident that the voters of Manchester will prevail.”