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Historical figures of New Hampshire, unite! You have nothing to lose but your state-funded highway markers.

The sponsors of a since-removed Historical Highway Marker honoring Concord-born Communist Elizabeth Gurley Flynn are appealing the dismissal of their lawsuit against the state. They argue no person from the Granite State’s past is safe from having their legacy erased from the public record — a common practice in Josef Stalin’s Soviet Union.

Attorney Andru Volisnky says Merrimack Superior Court Judge John Kissinger was wrong when he ruled against left-wing activists Arnold Alpert and Mary Lee Sargent, who supported the effort to have the state honor Flynn. Volinsky warned Kissinger’s ruling opens the door for anyone having their marker removed arbitrarily by the state.

“The court’s ruling protects the decision to remove the marker no matter the reason,” Volinsky wrote in his motion for reconsideration. “All removal decisions are protected from review by the court’s ruling on standing. No one could challenge a similar decision to remove a marker because the subject of the marker was a Republican or Democrat, woman, LGBTQIA, Black, Brown, Asian, or any other factor an executive councilor or a governor deems objectionable.”

The state removed the marker honoring Flynn last May, weeks after it was posted by the state’s Department of Natural and Cultural Resources. When more details about Flynn’s background became public — like her lifelong support for Soviet Communism and her state funeral in Moscow’s Red Square — several members of state government, including Gov. Chris Sununu, called for the marker to be removed.

Alpert and Sargent worked for months to collect signatures as part of the process to get the marker approved and installed. They filed the lawsuit challenging the subsequent removal, claiming the state did not follow its own procedures.

“The purpose of the marker program is educating the public about places, events, and people of historical significance, a category which certainly includes Elizabeth Gurley Flynn,” Sargent said. “There is no provision in statute or in the rules governing the marker program that says established markers can be removed based on ideological rather than historical grounds.” 

Kissinger’s March 20 dismissal, however, found neither Alpert nor Sargent have the legal right to challenge a decision that belongs to the state. The marker’s creation and installation was paid for by the DNCR, and it was installed on state-owned property in Concord.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Flynn, a labor activist, women’s rights pioneer, and founder of the American Civil Liberties Union, was born in Concord in 1890. She joined the Communist Party in 1936, a time when many Americans were abandoning it in response to Stalin’s purges. Flynn remained an unapologetic Stalinist, and as a result was kicked out of the ACLU in the 1940s.

Flynn was convicted in 1951 under the Smith Act for supporting a Communist revolution in the United States. She would eventually go on to lead the Communist Party USA. In 1964, she died while in Russia. An estimated 25,000 people attended her funeral in Red Square.

In a controversy that led to the resignation of the New Hampshire Hospital CEO, it’s been revealed Wednesday that Dartmouth-Hitchcock has been in violation of a $36 million contract to staff the state’s psychiatric facilities.

Health and Human Services Commissioner Jeffrey Meyers broke the news to Gov. Chris Sununu on Wednesday morning that Dartmouth-Hitchcock has only been regularly providing between eight to 10 psychiatrists, instead of the 11 required by the contract. The position of geriatric psychiatrist has also not been filled since January. The $36 million contract for Dartmouth-Hitchcock to provide services at NH Hospital, the state-run hospital for mental health services, was signed by the Executive Council last fall.

Sununu told the Executive Council during their regularly scheduled meeting on Wednesday that he asked NH Hospital CEO Robert MacLeod to “step aside.” He also asked former HHS Commissioner Donald Shumway to run the hospital on an interim basis.

“We’ve been paying for psychiatrists that have not necessarily been there,” Sununu said during a news conference. “It’s troubling, it’s disappointing.”

Meyers sent Dartmouth-Hitchcock a letter Tuesday asking the hospital for a “corrective action plan” to be submitted by May 9. He discovered the violations after Executive Councilor Chris Pappas, D-Manchester, raised questions about the hospital’s staffing during the Executive Council’s meeting last month.

Executive Councilor Andru Volinsky, D-Concord, called for an outside evaluation of the quality of care at Dartmouth-Hitchcock. Sununu wanted a review of the contract for other compliance issues by the state’s attorney general. He would also be seeking reimbursement from the state psychiatric hospital for payments based on full staffing.

“Throughout the course of this contract, the state agreed that the staffing levels have been appropriate and the patient care is high quality,” according to a statement from the hospital. “From the inception of this contract to provide clinical psychiatric services at New Hampshire Hospital, Dartmouth-Hitchcock has provided the state, including through weekly reports, current and projected staffing levels and any projected deficiencies.”

Dartmouth-Hitchcock also said it has “only been paid by the state through January of this year.”

“In light of questions raised regarding compensation for Dartmouth-Hitchcock, it is critically important to note that the agreement with the state is a ‘fixed price’ contract, and Dartmouth-Hitchcock has only been paid by the state through January of this year,” according to the statement. “Any suggestion that Dartmouth-Hitchcock has not been completely forthcoming with the state is factually incorrect and reflects a misunderstanding that requires clarification.”

The hospital said it is “deeply troubled” by criticisms from Sununu and Meyers and requested a meeting with them.

“Consequently, we have requested a meeting with Governor Sununu and Commissioner Meyers to discuss our mutual concerns and forge a path forward,” the statement reads. “Dartmouth-Hitchcock has been, and will remain, fully committed to the care of the State’s most vulnerable citizens, and we look forward to working with interim CEO Donald Shumway in continuing to provide that care at New Hampshire Hospital.”

Yet, the controversy comes on the heels of several news reports about concerns that the state doesn’t provide enough mental health services and that waiting list times for treatment beds has also increased.

The contract with Dartmouth-Hitchcock was controversial from the start when it was signed in September 2016 and became a significant issue during the election.

Last year, Dartmouth-Hitchcock transferred from Dartmouth College’s medical school to the private hospital and a group of psychiatrists quit amid a labor contract dispute.

The Executive Council approved the contract on September 7 and two days later, Dartmouth-Hitchcock announced its intention to lay off between 270 and 460 employees. The layoff announcement took then-Democratic Gov. Maggie Hassan by surprise, she said. It became a talking point for the New Hampshire Republican Party in their battle to reelect former Republican U.S. Sen. Kelly Ayotte.

The NHGOP also filed right-to-know requests charging that Hassan knew about the layoff announcement before the Executive Council voted on the contract.

At the time, Sununu, who was an executive councilor and gubernatorial candidate, called to cancel the contract and rebid it. However, he was outvoted and has since not called for the contract to be rebid.

Dartmouth-Hitchcock CEO James Weinstein also announced in December that he would retire from Dartmouth-Hitchcock on June 30.

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