Chairman Ingbretson's January 6, 2012 letter to Rep. Horrigan

Along with Rep. Horrigan's January 9, 2012 response

and some other stuff

additional commentary by Rep. Timothy Horrigan; January 15, 2012




On January 6, a somewhat threatening letter went out over the signature of House Petitions & Redress Committee chair Paul Ingbretson. Its voice just doesn't sound like his voice to me. I think someone from the Speaker's Office wrote it for him:


January 6, 2012

Hon. Timothy Horrigan
7-A Faculty Rd.
Durham, NH 03824-2706



Dear Representative Horrigan:

After thinking we had an understanding it is greatly disturbing to have heard further complaints from petitioners before the Redress of Grievance Committee regarding what they believe is an attempt to disparage, intimidate, or influence the results of their petitions. As you know one petitioner indicated that she withdrew her petition entirely because of your postings. Now, having been forwarded your recent internet postings, I can understand their frustration. Because this Committee depends more than most on the need for its members to appear and to, ideally, remain objective I am going to ask that you terminate the public critiques of our citizens who are making use of the petition process and their petitions. Failing that I will request that the Speaker remove you to another committee per my authority in the Rules of the House. This is the only warning I will be giving.

Respectfully
Hon. Paul Ingbretson, Chairman
Redress of Grievances Committee

cc:
Hon. William O' Brien, Speaker of the House
Hon. Terie Norelli, Democratic Leader



On one level, I see where my chairperson is coming from; but on another I find this totally baffling. In 2011, our committee received 13 petitions. We took dispositive action only on Petition #1, and even then we waited an inordinately long time. We found out within the first 10 minutes of the hearing that the ostensible sponsor (the Hudson School District) had not in fact asked the sponsor to bring in the petition. It was probably illegal for us to even be considering this petition. The petition also had some major factual and logical flaws. But the hearings still continued for two or three hours, and the chair allowed the committee to take a vote only after the House Counsel came in at a later meeting and stated the obvious (i.e., that this was a very bad petition.)

The petition which was withdrawn is apparently Petition #7, filed by Denise-Marie McIntosh of Nashua. My take on the situation is that there was a mixup with her sponsor, and he for whatever reason filed something almost identical to her 2010 petition (which was Petition #1.) She was expecting something significantly different to be filed, and when she saw the 2011 petition on my website, she jumped to the conclusion that I deliberately falsified the text of the petition to discredit her. Ironically, I liked the petition she didn't get filed for 2011 better than the petitions which actually were filed on her behalf.

The rules about petitions are unclear, but presumably they are one of several legislative vehicles which fall under the rubric of "resolutions." The way I read the rules, in the New Hampshire House, resolutions (just like bills) cannot be withdrawn once the committee gets them: they can only be killed by having a hearing and sending it back to the full House with a recommendation such as "Inexpdient to Legislate." There have in fact been two hearings on Petition #7, the first one lasting about 10 minutes (devoted entirely to lambasting me) and another one for which no witnesses at all showed up.

I sent the following response on January 7, 2012 by email to Rep. Ingbretson as well as the Speaker and the Minority Leader. The vote I refer to was on the proposed constitutional amendment CACR 11 "Relating to terms for state judges. Providing that all state judges be commissioned for renewable 5-year terms." 159 Republicans and 1 Democrat (me) voted for it, which was 79 short of the 239 votes needed to get it passed:



Paul:

I am taking your letter under advisement. My inclination is not to "terminate" my critiques, although I do try to be fair and I have made several changes to my commentary based on input from the petitioners. You are threatening to remove a committee member who has been showing up and who has been doing the work, and that doesn't make much sense to me— especially when we have several members who rarely if ever show up and who never do any work. That said, you and I evidently have a different view of what the committee is all about. I think it is there to serve all the people of NH, not just the petitioners and their allies.

I will not be at the meeting on January 10th, but that is merely because of the election. Otherwise, I would be there.

I might also add that I was the only Democrat who voted for 5 years terms for judges on Thursday, and my vote was based on what I have learned from the citizens who have come before our committee.

Thanks,
Rep. Timothy Horrigan


Chairman Ingbretson (who is a very nice man) was apologetic when I saw him at the weekly session day: he wants me to be able to stay on the committee. He referred specifically to a letter which I sent one Michael Brewster (the complainant behind 2011 House Petition #3) back in October 2011. Rep. Ingbretson found it disturbing. I don't think it's disturbing at all, although I can see why Mr. Brewster would have preferred a different response from me.

By the way, I paid the snail-mail postage to send 25 or so pages of documents to Mr. Brewster out of my own pocket, merely because he just couldn't figure out any way to see them for himself on the internet. When told him that they were on the internet, he indignantly rattled on and on about how he doesn't have a computer. The alternatives of going to a public library or having a friend download them for him were evidently totally out of the question. Be that as it may, here is my letter:


September 9. 2011
NH House of Representatives

107 North Main Street
Concord, NH 03301


Michael Brewster
PO Box 94

Barnstead, NH 03218



Dear Mr. Brewster:

I have a web site which contains amongst other things, the texts of all the House Petitions filed since 2009, with some commentary attached to them. I know you don't have a computer, but many other people do have one (including myself and Rep. Peter Silva), so I will go ahead and tell you the web address for the page which has your petition on it:

  • http://www.timothyhorrigan.com/documents/2011.house-petition.3.html



Right now my commentary on your petition reads simply:

Over the decades, Michael Brewster has been through at least three criminal trials related to his feud with the Department of Health and Human Services. He has two convictions on his record which led to jail time, and another time he was judged incompetent to stand trial. The little girl who was taken away from him is now a woman in her early 30s.


That version of my statement has only been on my website since August 11th. I revised my Petition 3 webpage shortly after I heard Rep. Silva expressing his concerns at the Redress Committee meeting held on that day. Here is what Rep. Silva objected to:

Michael Brewster is the maddest of the "Mad Dads" who haunt the New Hampshire State House campus, attending any hearing even tangentially related to family law. His original gripe seems to have been that he paid about $2000 in child support payments which he thinks he shouldn't have been forced to pay— in the mid 1980s, to his own mother.  She is now either dead or pushing 90. The little girl who was taken away from him is now a woman in her early 30s.

Over the decades, he has been through at least three criminal trials related to his feud with the Department of Health and Human Services. He has two convictions on his record which led to jail time, and another time he was judged incompetent to stand trial. He has a permanent restraining order which forbids him to go anywhere near any HHS workers, except when they come to the State House. When he does come to the State House, which happens frequently, special security arrangements go into effect, although he behaved like a gentleman when he appeared before my committee.

This was a generally factual statement, although I understated the amount of child-support arrearages Also, I didn't mention that you owed support at various times in the past to your daughter's mother as well as your own mother. You owed somewhere between $4,000 and $7,000 when you were first thrown in jail, if I am reading the documents you gave us correctly— not $2000. (In any case, it was a relatively small amount of money compared to those involved in many other similar child-custody battles.) The term "Mad Dad" is a common one around the statehouse, and you certainly are a father who is angry with the system. I apologize if you found that phrase "hurtful," even though you yourself have been known to say hurtful things on occasion.

If you feel I have a conflict of interest or an ethical issue, you are free to take the matter up with the Speaker and/or the Chair of the Petitions & Redress Committee. Like any other citizen, you can even file a formal complaint with the legislative ethics committee.


Sincerely,



Rep. Timothy Horrigan



I have changed the preface to my collection of Petition 3 supporting documents since then: it now (as of a January 10, 2012 revision) reads:

  • Michael Brewster provided 19 pages of old documents in support of his 2011 Petition to the New Hampshire House of Representatives. They have something to do with the fact that he got in a world of trouble back in the 1990s after failing to pay his child support. Apparently, Attachment #4 (pp. 9-14) is the key to his argument. Unfortunately, the document is from Massachusetts rather than New Hampshire and it is almost totally illegible. It shows that he paid some child support to Massachusetts (where his daughter and her mother were living) after losing a 1997 New Hampshire court case. Mr. Brewster's problem with the New Hampshire family-law system continued even after Massachusetts closed out his case, and in his view this (evidently) proves that New Hampshire authorities must have been acting in bad faith.

    I scanned the documents myself, and they are presented here "as is" aside from a few redacted social security numbers. They have all been photocopied, microfilmed, faxed and/or scanned multiple times over the years.


See Also:



2011 Petitions:


2012 Petitions:








See Also:


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