Lynn Clarke of Ossipee Main Street Program rises to tell Carroll County Superior Court Judge Mark Attorri why she feels Ossipee selectmen are improperly going about the demolition of the Main Street building. To the left is Harriet Cady of Right to Know New Hampshire. At the defendant table is attorney Matt Serge and selectmen’s chair Jonathan Smith. (Photo by Daymond Steer)
The Attorney General’s Office is investigating whether Lynn Clarke “went rogue” when she sued the town on behalf of the Ossipee Revitalization Group over its plans to demolish a building.
The demolition of 15 Moultonville Road in Center Ossipee came up March 18 after Selectman Jonathan Smith said the Main Street Program headquartered there and run by the Ossipee Revitalization Group, was defunct and that the building had structural, electrical and mold issues.
In response, Group President Lynn Clarke filed a civil complaint against the town — Ossipee Revitalization Group Inc. v. Ossipee Selectmen — in Superior Court on April 15. She also filed a motion asking the court to bar the town from tearing down the building and to restore utilities until a public hearing could be held in accordance with the Right To Know Law.
That case is ongoing and there’s a hearing on pending motions on Oct. 24.
The town held a special meeting about tearing down the building. Eighty-one people attended on June 27 and close to two-thirds or more voted in a show of hands/cards to tear down the building.
Flash-forward to Tuesday, September 24. Selectmen’s chair Smith read a letter into the record from the New Hampshire Charitable Trust Unit that said, among other things, there were “allegations” that Clarke “alleged” the appointment of president of the Revitalization Group and the alleged termination of other board members were not in accordance with the bylaws.
“Further, the CTU received a complaint that, without legal authorization, you began litigation on Ossipee Revitalization Group’s behalf against the Ossipee Board of Selectmen in Carroll County Superior Court,” said the letter written by CTU Director Mary Ann Dempsy.
This letter was also sent to then board members Mark McConkey and Misty Ryder.
Because of the complaints, the CTU sent emails out asking Clarke and the other directors to attend a video conference on Sept. 20 but that Clarke didn’t appear. The letter was also CC’d to Mark McConkey, who is a state representative and state senate candidate, as well as Misty Ryder.
As a result of her not appearing the CTU is issuing a subpoena for Clarke to appear at the New Hampshire Department of Justice office at 1 Granite Place on Oct. 11 at 3 p.m. She is to provide the CTU all her records about the Revitalization Group by Oct. 7.
“While the CTU’s investigation is ongoing, you should not conduct any operations on Ossipee Revitalization Group’s behalf,” said Demsy’s letter. “If you continue to do so, in accordance with the CTU’s common law and statutory authority under RSA:720, the CTU will take all necessary action to cease such activity.”
Jonathan Smith, who also happens to be a Republican state representative, opined on the letter after he read it aloud.
“It’s unfortunate that we got to this point, but one board member, i.e., the president, does not have any authority, just like (selectman Brian Keyes) or I don’t have any authority without the actions of the board,” said Smith. “That’s called going rogue, and that’s what Lynn Clarke has done for the last several months. She’s wasted taxpayer money to the tune of approximately $7,000 fighting us in court, but ultimately we’re going to prevail because we’re right.”
Minutes of the Aug. 22 reveal that McConkey, Ryder and Pat Jones passed a motion stating that the board never voted to take legal action against the town of Ossipee.
“We agree to notify the town and court should be notified that the Board of Directors ask that the case was brought forward without a majority vote of the board of Directors and that the case brought against the town of Ossipee by the Ossipee Revitalization Group should be withdrawn,” said the minutes.
Ossipee Revitalization Group is to dissolve. The minutes are unclear how the motion passed. It says McConkey and Ryder voted to dissolve the group and Jones abstained but the minutes also say that the motion to dissolve passed 3-0.
At the end of August, Clarke issued a press release saying the Ossipee Main Street board was “restructured” and now consisted of the following people:
Lynn Clarke, president, NH Fish and Game wildlife steward and docent, NH and WA., experienced educator, Americorps VISTA with NH Catholic Charities, GALA and Green Mountain Conservation Group.
Kathleen Maloney, vice president, Navy veteran and former selectman
Brandi Boston, treasurer, entrepreneur at Wolf Willow and member of New Hampshire Inter-Tribal Native American Council
Karen Sellars, secretary, Ladies Auxiliary Club member
Nadia Carpenter, entrepreneur at Abundant Blessings.
Kim Whitefeather, NH Inter-Tribal Native American Council member, Ossipee Historical Society board member and an original Main Street Design Committee member..
Clarke, reached Wednesday, confirmed that she had received the Attorney General’s letter. She sent the Conway Daily Sun a copy a document she filed in court called supplemental motion for contempt and clarification of board recognition.”
In the document, she said she has the authority to act as a citizen, a member of a non-profit and as a taxpayer. She also said the town was letting Ryder and McConkey “misrepresent themselves as board members.”
“A group of individuals, including Misty Ryder and Mark McConkey, have actively bullied and sabotaged the nonprofit’s success through misrepresentation of their authority,” said Clarke.
“Despite their efforts, the nonprofit maintains the trust of the community, which has been essential for its operations and mission.”
She wants the court to deem the new board legitimate and to find the Town of Ossipee and its attorney in contempt “for facilitating the actions of false board members in contravention of legal and ethical obligations.”
Clarke also wants mold tests on the building.
“They are rouge and need to be held accountable,” said Clarke of McConkey and Ryder.
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