Derry councilors petition court to block distribution of emails
"Of the seven-member council, four members of the council actually engaged in the email exchange, and one — the Chairman Michael Fairbanks — only responded to caution the rest that the matter should be discussed in non-public session leaving only three having discussed the substantive matter," town attorney Brenda Keith said in a court filing.
Keith acknowledged in her latest court filing that "some members of the body mistakenly continued the discussion in an email correspondence after the meeting," but said that they have since participated in lectures about the right-to-know law by the New Hampshire Municipal Association and the town's attorney.
He suggested that the councilors violated the state's Open Meeting Law.
Coyle, a county commissioner who works as a town prosecutor, is representing himself in the case.
She is expected to hear further arguments in the case on Thursday. Wageling also ordered the town to provide Coyle with the index of documents that he was denied.
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