Warner Select Board rescinds and tables restriction on member’s building access after public concern

The Warner Select Board on March 31 briefly voted to restrict Select Board member Michael Smith’s access to town buildings, then rescinded that decision and tabled the issue for revision until its April 14 meeting.

Chairman Alfred Hanson moved, and Rick Bixby seconded, a motion “pursuant to RSA 41:11-a To Restrict the Access to Town Buildings including Town Hall by Select Board Member Michael Smith,” limiting Smith’s entry to Select Board meetings and specified legal meetings; the board recorded a roll-call vote of Bixby YES, Smith NO, Hanson YES. Attorney Michael Courtney told the meeting that “RSA 41:11-a does give the Select Board the authority over town buildings to restrict access and here the Select Board has done that.”

Public commenters raised legal and procedural concerns after the initial vote. James Gaffney argued the motion could unlawfully prevent an elected official from performing duties and cited RSA 643:1, warning of potential litigation. Sara McNeil said Mr. Smith had been arrested and “he has a hearing coming up on April 7th,” and said the restriction was being framed by supporters as a temporary measure to protect town records. Other residents said the restriction appeared punitive. Several speakers pressed the board to clarify whether committee access would be affected.

After public comment and legal counsel’s guidance that the motion could be amended to permit committee attendance and agenda access, Chairman Hanson moved, seconded by Bixby, to rescind the restriction (roll call Bixby YES, Hanson YES). The board then moved to table the matter until April 14 to revise the language to allow Mr. Smith to attend and participate in town board and committee meetings under established procedures (roll call Bixby YES, Hanson YES).

No permanent change to town policy was adopted at the meeting; the board directed that the issue be revisited at the April 14 Select Board meeting.