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NH Supreme Court Stays ConVal Education Spending Ruling

New Hampshire taxpayers don’t have to pay a $537 million education spending bill just yet, as the New Hampshire Supreme Court stayed the decision in the ConVal lawsuit.

In a unanimous decision issued Wednesday, the Supreme Court put a hold on Rockingham Superior Court Judge David Ruoff’s November order that the state’s per-pupil spending must go up to at least $7,300. Ruoff had denied a motion to stay his decision pending appeal earlier this year.

Gov. Chris Sununu praised the stay decision, saying Ruoff’s ruling went too far.

“Today, the Supreme Court rightfully paused an attempt by one judge to usurp the power and preferences of both the legislative and executive branches,” Sununu said. “Grateful for the Supreme Court’s action to stay a decision that was so clearly overreaching.”

According to Senate President Jeb Bradley (R-Wolfeboro), implementing Ruoff’s order would wreck state finances, hurt lower-income communities, and eventually force an income or sales tax on Granite Staters.

“This decision could mean a $500 million spending increase for New Hampshire taxpayers and could cause reduced education funding for all the original towns that brought the Claremont education funding lawsuit by limiting the legislature’s ability to target special education aid to local school districts that need it the most,” Bradley said in a statement. “I remain optimistic that the Supreme Court will recognize that such huge financial decisions rest with representatives and senators that the people of New Hampshire have chosen.”

Lawmakers are looking for an affordable funding solution, and according to House Speaker Sherman Packard (R-Londonderry), the Supreme Court’s stay will give both houses time to keep working.

“We’re hopeful the Supreme Court has a different take on the matter than the lower court that will be less costly to taxpayers. The stay will allow the legislature more time to further analyze the situation,” Packard said.

The Peterborough-based Contoocook Valley Regional School District filed the lawsuit in 2019, arguing that the state’s education grant of $3,600 per pupil was far below the true cost and, therefore, unconstitutional. ConVal and the dozens of school districts that joined the lawsuit wanted closer to $10,000 per pupil.

Ruoff originally refused to set a dollar amount when he ruled the state violated the constitutional right to an adequate education, leaving that up to lawmakers. But a subsequent appeal to the state Supreme Court resulted in a 2021 order that forced Ruoff to come up with a figure.

Since the ConVal lawsuit was filed, lawmakers and Sununu have bumped up the grants to $4,100 per pupil, an amount Ruoff still found unconstitutionally low. Ruoff’s decision acknowledged it is up to the legislature to determine the funding but that it can be no less than the amount he set.

“What is the base cost to provide the opportunity for an adequate education 239 years after that fundamental right was ratified in our constitution? The short answer is that the legislature should have the final word, but the base adequacy cost can be no less than $7,356.01 per pupil per year, and the true cost is likely much higher than that. At a minimum, this is an increase of $537,550,970.95 in base adequacy aid to New Hampshire Schools,” Ruoff wrote.

The legal tussle over New Hampshire’s state spending for education “adequacy” is unrelated to another hot-button political issue: Taxpayers are already burdened with increasing education costs even as the number of students is declining.

The total cost of education in New Hampshire, including the portion paid through local property taxes, averages more than $20,000 per pupil. That’s up from about $11,000 total per pupil spending in 2000. Over the same time, the state’s student population has fallen by more than 20 percent. According to the Department of Education, student enrollment numbers in the Granite State have dropped from 207,684 in 2002 to 165,095 in 2023. That’s a decrease of 42,589 public school students, or about a 20.5 percent decline during the past 21 years.

Illegal Immigrant Pleads Guilty in Dover Burglary Bust

According to investigators, a young Dover girl hid under her bed, scared for her life, as Jheisson Rizo Suarez broke into her home during a burglary.

Now, Suarez, 39, from Colombia, is facing his second deportation after pleading guilty in U.S. District Court in Concord to one count of reentry after deportation.

Suarez is the third high-profile illegal immigrant arrested in New Hampshire in recent months, including a convicted mass murderer and an alleged human smuggler. It is part of a national crisis that has reached from the U.S. border in Texas and Arizona to New Hampshire’s border with Canada.

Some seven million undocumented migrants have poured into the U.S. since President Joe Biden took office, But Democrats like Sen. Maggie Hassan (D-N.H.), who sits on the Homeland Security Committee, have declined to take any action.

Suarez was arrested in 2021 in connection with the burglary. Police responded to the residence when the girl, alone at the time of the break-in, called 911. According to a statement from the U.S. Attorney’s Office for New Hampshire, she reportedly whispered to the 911 operator that an unknown person or persons had forced their way into her home.

Dover police officers soon had Suarez in custody and discovered it wasn’t his first sojourn to the United States. Suarez had been previously deported in 2013, according to prosecutors.

Suarez, due to be sentenced in January, faces up to 10 years in federal prison. His plea comes weeks after Mexican national Reynaldo Velasco-Velasco, 36, was arrested at the Canadian border for allegedly smuggling people into New Hampshire.

Velasco-Velasco had already been deported from the U.S. in 2011 when U.S. Border Patrol agents caught him this month. According to court records,  Velasco-Velasco was illegally leading four other Mexican nationals across the northern border into New Hampshire. 

The smuggler allegedly had two cars ready for the people he was bringing through, and Border Patrol agents stopped the cars as they were trying to flee the border region.

And last month, federal agents raided a home construction site in Rye to arrest wanted killer Antonio Jose De Abreu Vidal Filho, 29. According to federal sources, Filho was in the U.S. illegally after overstaying his visa. The former Brazilian military police officer entered the country legally in 2019, even though he was fleeing prosecution for his role in the Curio Massacre.

According to U.S. Immigration and Customs Enforcement, Filho was recently convicted along with three other military state police officers of 11 murders, plus charges of attempted murder and physical and mental torture, for his role in the 2015 massacre in the Curio neighborhood in Fortaleza.

El Globo, a Brazilian news outlet, reported the murders had been retaliation for the death of a Brazilian police officer in Fortaleza. Four of the 11 people murdered were teens under age 18; three were between 18 and 19, according to El Globo.

Filho was ordered to serve a 276-year prison sentence for his part in the massacre.

The arrests come as New Hampshire’s northern border is in crisis. This month, Chief Patrol Agent Robert Garcia of the U.S. Border Patrol’s Swanton Sector — which includes the New Hampshire border with Canada — announced more apprehensions in the past year than in the previous decade.

“Over 6,100 apprehensions from 76 different countries in just 11 months, surpassing the last ten years combined. Swanton Sector Agents are resolute and determined to hold the line across our 295 miles of border in northeastern New York, Vermont, and New Hampshire,” Garcia said via social media.

Gov. Chris Sununu has been raising the alarm for months and keeps getting turned down when he asks President Joe Biden’s administration for help. This month, Biden’s team rejected Sununu’s request that the federal government restore millions of dollars in border security funding New Hampshire received during the Trump administration. The funding, through Operation Stone Garden, gave the state resources to backstop federal border enforcement actions.

Sununu has not gotten any help from New Hampshire’s all-Democratic federal delegation. Sens. Maggie Hassan and Jeanne Shaheen, as well as Reps. Annie Kuster and Chris Pappas have been MIA, according to Sununu.

“I haven’t heard from them. I haven’t heard of any action that they’ve taken with the administration. I haven’t heard of any actual action or results that they have even attempted to bring to the table,” Sununu told NHJournal after the latest Biden rejection.

Asked Monday by NHJournal what they planned to do about the border chaos,  Shaheen, Hassan, Kuster, and Pappas all declined to respond.

While prominent elected New Hampshire Democrats have been silent, state party Chairman Ray Buckley spoke for them, reposting a social media message calling Ayotte a “fascist fearmonger” for focusing on the border.

Presumably, Buckley was not hiding under a bed when he posted that message.

NH Opioid Deaths Continue to Rise

Even with the total number of opioid-related overdoses dropping in Nashua and Manchester, the number of overdose deaths continues to rise, based on figures released Tuesday.

Nashua saw a 16 percent increase in opioid deaths in May, according to data from ambulance company American Medical Response (AMR). Manchester is holding steady at last year’s record-breaking death total.

Fentanyl fuels the crisis that is engulfing the Granite State, said Chris Stawasz with AMR.

“The high death rate per capita is attributed to synthetic fentanyl, which is now found in all types of illicit substances,” Stawasz explained. “People who are using illicit substances have no idea that what they are using contains synthetic fentanyl or how potent the synthetic fentanyl in the product is. Synthetic fentanyl can be lethal the first time you use it, knowingly or unknowingly.”

Where those drugs are coming from is not a mystery. While the bulk of the fentanyl and methamphetamines reaching New Hampshire originate in Mexico, plenty of illegal drugs are crossing the border from Canada, too.

Last month, federal agents arrested 31 people in the North County near the Canadian border who were allegedly engaged in large-scale drug trafficking. Agents seized 14 pounds of fentanyl and another two pounds of methamphetamine in the operation. 

Republican Gov. Chris Sununu has been pushing for another $1.4 million to beef up border security in New Hampshire, something Democrats have opposed. 

Sununu announced Monday that he would not run for president, but he is considering a run for an unprecedented fifth term as governor. Sununu told Drew Cline the opioid epidemic is something GOP presidential candidates who come to New Hampshire should focus on.

“I think there’s a big winning issue with mental health and opioids and drugs; we’ve made many strides here,” Sununu said.

Asked about the ongoing opioid epidemic in her city, Manchester Mayor Joyce Craig declined to respond. Craig has formed an exploratory committee for a possible run for governor next year. NHJournal also contacted her potential opponent in the Democratic primary, District 2 Executive Councilor Cinde Warmington, about the latest opioid statistics. She, too, declined to respond.

The opioid problem is serious across the state, as highlighted by AMR’s statistics from New Hampshire’s two major cities. Medics responded to 80 suspected opioid overdoses in May — 58 in Manchester and 22 in Nashua. There were 11 suspected opioid deaths in Nashua and Manchester in May;  seven deaths in Manchester and four in Nashua.

There have been 358 opioid overdoses in Nashua and Manchester through the end of May, with 53 suspected opioid overdose deaths. There were 32 in Manchester and 21 in Nashua.

In Nashua, suspected opioid overdoses are trending 17 percent lower than last year annually. However, suspected fatal opioid overdoses are trending 16 percent higher, according to AMR. Some 25 percent of all suspected opioid overdoses in Nashua this year have been fatalities.

 

NHDem Establishment Backs Craig in Gov Race, But Warmington Holds Steady

When Manchester Mayor Joyce Craig announced her plans to run for governor Monday morning, she already had the backing of some of the biggest names in the Democratic establishment. In addition to forming an exploratory committee for a 2024 race, Craig also released a “who’s who” list of party insiders and activists to head her committee, including:

Former four-term moderate Gov. John Lynch, 2018 gubernatorial nominee and former state Sen. Molly Kelly, current state Sens. Lou D’Allesandro and Kevin Cavanaugh (the latter a candidate to replace Craig as mayor), and former state party chair Kathy Sullivan.

 

 

That was enough political firepower to drive the Democrats’ 2022 candidate, former state Sen. Tom Sherman, out of the race.

But Executive Councilor Cinde Warmington tells NHJournal she’s not going anywhere.

“It’s very early. We are more than 18 months away from the election,” Warmington said in a statement.

Warmington, the lone Democrat on the Executive Council, is no stranger to being outnumbered. It’s well known that she is interested in running for governor. Will she get in the race?

“Right now, I’m focused on getting things done for the people of New Hampshire. There will be plenty of time for politics later,” she added.

Sources tell NHJournal that party insiders, including U.S. Sen. Maggie Hassan, have been working for weeks to clear the field for the Manchester mayor. And, in an unusual case of politics making strange bedfellows, Republicans are cheering the effort on.

Granite State Republicans believe Craig’s three terms as mayor of Manchester, with a steady stream of headlines about violent crime and out-of-control homelessness, would hurt the entire Democratic ticket with Craig at the top. GOP officials wasted no time getting their message out.

“Granite Staters have seen what Joyce Craig has done in Manchester and will not let ‘Craig’s Chaos’ spread to the rest of New Hampshire,” GOP state party chair Chris Ager said in a statement. “Craig has unequivocally failed Manchester during her time as mayor, and it is laughable that she wants to bring her disastrous policies to the corner office.”

Craig’s plan to run for governor was the worst-kept secret in New Hampshire politics. In her WMUR interview released early Monday morning, she took a swipe at incumbent Gov. Chris Sununu, who has yet to definitely declare whether he will seek another term.

“A consistent theme that I’m hearing throughout these conversations is that there’s a lack of support from the state level, and I know that we can do better,” Craig told WMUR’s Adam Sexton. “So, I’m really looking forward to getting out across the state and having conversations with residents and families about what matters most to them.”

The New Hampshire Democratic Party has had great success either avoiding primaries entirely or rallying around mainstream candidates and marginalizing their progressive opponents, as it did with former Portsmouth Mayor Steve Marchand in 2018 and former Executive Councilor Andru Volinsky in 2020 — both defeated by more moderate candidates who then went on to lose to Sununu in the general.

Could they do the same with Craig — whose list of 73 supporters across all 10 counties includes former Republican state Rep. Charlene Lovett — and keep a more progressive Democrat from mounting a strong campaign?

Sherman, who lost badly to Sununu even as Democrat Joe Biden carried the state by eight percent, certainly got the point.

“It’s a lot of time, and I feel strongly it’s time for me to take a break. The great news is we have such a strong group of people coming up the ranks to fill that need,” Sherman said in a video statement.

Sherman’s surrender was applauded on Twitter by New Hampshire Democratic Party Chair Raymond Buckley.

“As I said on election night, you should be proud of your campaign for governor – you beat Sununu in every debate!” Buckley tweeted.

Sherman’s debate victories aside, Sununu won the race with 57 percent of the vote to Sherman’s 41 percent.

UNH Political Science Professor Dante Scala said while Craig has a fundraising and organizational advantage, it is unlikely the New Hampshire Democratic Party will be able to keep other candidates from entering the race. The prospect of Sununu’s departure would be too much of a lure.

“The more talk that Sununu will not run again, the more likely it is that other Democrats will take a close look at a race for an open seat,” Scala said.

Assuming Sununu doesn’t seek a record fifth term as governor, his fellow Republicans, former U.S. Sen. Kelly Ayotte, state Education Commissioner Frank Edelblut, and former state Senate President Chuck Morse are all widely believed to be seriously considering entering the race.

Meanwhile, Granite State Republicans are gearing up for a Craig candidacy.

“I’ve already got my bumper sticker ready,” said GOP strategist Pat Griffin. “‘Joyce Craig for Governor: She’ll do to New Hampshire What She Did to Manchester.'”

Manchester On Track To Break Grim Opioid Overdose Record

Manchester is breaking new ground in misery as the Queen City death totals from the opioid crisis keep rising. It is a crisis, Republicans say, driven by illegal fentanyl pouring over a border Democrats refuse to secure.

Manchester and Nashua experienced a record-high number of opioid-related overdose deaths last year. Manchester is on track to exceed that number in 2023 said Chris Stawasz with American Medical Response.

“There were 18 suspected opioid deaths in Nashua and Manchester in February. That is the most suspected opioid deaths in one month for Nashua and Manchester combined since tracking began in 2015.”

Nashua suffered 44 opioid-related overdoses last year, the most since 2018 when 35 people died. Manchester saw 79 people die from opioid overdoses in 2022, the highest number since 2017’s 67 deaths. More troubling, while Nashua is estimated to see a slight dip in deaths this year, Stawasz anticipates Manchester’s death toll to reach 111, the most ever.

Synthetic fentanyl, the type being smuggled over the southern border by Mexican cartels, is the most likely culprit for the increase in deaths. Fentanyl is used in counterfeit pills, and it is used to lace other illegal drugs.

“The significant increase in deaths can most likely be attributed to very potent synthetic fentanyl which is now being found in nearly all types of illicit substances,” Stawasz said. “In many cases, people who are using illicit substances have no idea that what they are using contains synthetic fentanyl – or how potent the synthetic fentanyl in the product is. Synthetic fentanyl can be lethal the first time you use it, knowingly or unknowingly.”

Fentanyl is responsible for the majority of overdose deaths in the country, according to federal government statistics. In 2021, 90 percent of all overdose deaths were connected to the drug. And most of that is coming from Mexican cartels who are producing the synthetic drug using ingredients from China, then using their control of the southern border to smuggle it into the U.S.

“The source of fentanyl is Mexico and its drug labs,” said Todd Bensmen with the Center for Immigration Studies. “I’m not seeing any evidence that the Biden administration is interested in damming up the source.”

Gov. Chris Sununu acknowledges New Hampshire is being hit hard by the opioid crisis, but he noted it is part of a national problem.

“States across the country are seeing a rise in opioid-related deaths and New Hampshire is not immune. Every death is tragic; it is someone’s son, daughter, and family member,” Sununu said. “The bottom line is that fentanyl is now in all different types of substances, whether that be cocaine, methamphetamine, fake pills, or vape cartridges – assume it is in anything and everything.

“There is no safe experience with substances, unless they are prescribed by a provider, and taken only as directed by the person they are prescribed to.”

Getting a handle on the crisis in Manchester calls for more police support, and getting cops the tools they need to do the job, said Jay Ruais, a Republican running to replace Democratic Manchester Mayor Joyce Craig.

“We must provide greater resources for our police department to go after drug dealers and fight for bail reform at the state level to keep them off our streets,” Ruais said. “Additionally, most who suffer a fatal overdose have previously overdosed, meaning we have to build better systems for individuals when they are at their most vulnerable like in hospitals, jails, and prevention programs in schools. Solving this crisis doesn’t cost more money. It requires prioritization and better coordination with existing community partners.”

Sununu announced a new PSA campaign this year, “No Safe Experience” to educate Granite Staters, especially young people, about the danger of fentanyl and other illegal drugs. Expected to run through the fall, the campaign includes video and public service announcements, social media campaigns, an informational website, billboards, and highly visible signs, posters, and materials that will be widely disseminated across the state and made available to schools, and an active media campaign to share that there is no safe experience through personal stories and data. 

New Hampshire Is King of the Road

Start your engines and get ready to roll: New Hampshire has been rated with the best roads in the country at one of the lowest costs per mile.

Moneygeek, a personal finance website, looked at road conditions throughout the country using data from the United States Department of Transportation and other sources and found New Hampshire is king of the road.

Gov. Chris Sununu was quick to take a victory lap, saying good government and smart investments are responsible.

“New Hampshire has made smart investments in our infrastructure, and we’ve returned over $100 Million to cities and towns across the Granite State for roads and bridges,” Sununu said. “It’s with that sense of smart fiscal management that we’ve paved the way to be ranked the #1 state for taxpayer return on investment.

New Hampshire also has one of the lowest road costs, spending $9.63 per mile, according to the study. 

California, Rhode Island and Nebraska have the roughest roads in the country, despite California and Rhode Island outspending the Granite State by miles. California spends $23.16 per mile and Rhode Island spends $42.37. Nebraska’s rough roads at least come cheap, with Cornhuskers spending $5.66 per mile.

Road conditions are vital to economic growth and personal finances. Better roads mean it is easier to ship goods, making it possible for businesses to grow and flourish. At the same time, good roads make it possible for residents to take part in the economy while spending less to maintain their own care.

“The roads sector is critical for local, national and international transportation of goods and services. More than ever, roads are essential in supporting economic growth, enabling socially distant travel and connecting communities,” said Murray Rowden, Americas Managing Director and Global Head of Infrastructure at consulting firm Turner & Townsend.

Jerry Wilson, Chief Editor at Complete Auto Guide, said good roads don’t just happen. They represent one of America’s greatest achievements.

“Anyone who thinks that good roads and infrastructure are God-given and not one of the United States’ greatest achievements should move their eyes to other countries and see how the lack of infrastructure keeps them in poverty. You won’t be able to jumpstart an economy when a 20-mile trip is a big ordeal,” Wilson said.

State and local government spending accounts for nearly 75 percent of the funding for roads and highways, with the federal government making up the rest. New Hampshire maintains its 17,000 miles of roads mostly with gas tax and motor vehicle registration revenue.

New Hampshire has managed to keep its roads level despite getting some of the lowest federal funding for roads and highways. In 2021, the Biden Administration set aside $1.1 billion for New Hampshire’s roads in the trillion-dollar infrastructure bill, the least amount of funding any state received. 

New Hampshire Department of Transportation Commissioner Bill Cass said New Hampshire can thank its many professionals who make sure everyday people can get there from here, even without tons of help from the feds.

“New Hampshire is blessed with a dedicated team of professionals that works hard to build and maintain our transportation system and I’m honored that we are being recognized for our work. I credit their commitment to our asset management strategy and sustained investment to our success,” Cass said.

Meanwhile, Granite State Democrats are pushing for an $800 million commuter rail proposal, approximately half of which would come from state and local taxpayers. Transportation officials fear siphoning off hundreds of millions in transportation funds for a rail system only a few Granite Staters would use could leave roadways underfunded.

“It’s a terrible idea,” Sununu said of the commuter rail proposal during a WGIR radio interview Thursday morning.

ACLU Joins NHPR Lawsuit, Spofford Says Lewd Photo Used to Bolster Story Doesn’t Exist

New Hampshire Public Radio is gaining allies in the lawsuit brought by Granite Recovery’s Eric Spofford. The New Hampshire American Civil Liberties Union is leading a coalition of news outlets signing amicus briefs in favor of the public broadcaster.

But the show of support for the left-leaning media outlet comes as major evidence used to report the story is in doubt, according to court records filed in the case.

Spofford is suing the broadcaster claiming he was defamed by a series of stories alleging he sexually harassed women at the addiction recovery centers he founded. In one of the more damning portions of the story, one of the alleged victims said Spofford sent her lewd text messages and a photo of his penis.

But Spofford claimed in a recent court filing that NHPR reporter Lauren Chooljian never saw the alleged photo before she reported that it had been sent to the victim.

“Chooljian did not see the picture on which Elizabeth’s claim is based (because it never existed,)” the filing states.

The New Hampshire ACLU, along with the New England First Amendment Coalition, the Union Leader, the Keene Sentinel, Caledonian Record, and the Laconia Daily Sun filed a brief in the Rockingham Superior Court last month to intervene on behalf of NHPR. The outlets and civil rights groups joining the case have received little media attention, and even the typically PR-savvy ACLU has yet to announce its involvement through a press release on its website.

The timing of the ACLU’s amicus filing came as Spofford’s legal team called into doubt the foundation of NHPR’s reporting. Spofford’s attorney, Michael Strauss, wrote in a court motion that one key witness used by Chooljian was Spofford’s aggrieved ex, Amy Anagnost.

“Eric has uncovered that Amy both supplied her own false claims about him to (NHPR reporter Lauren) Chooljian and served as a source clearinghouse for Chooljian as she investigated and wrote the Article and Podcast. The NHPR defendants relied on Amy and the sources she cherry-picked for Chooljian, despite her obvious unreliability (after years of long-term recovery from alcoholism and addiction, she has relapsed, and that relapse occurred at or around when she started as a source for the NHPR defendants) and notwithstanding her known and unmistakable bias against and ill-will toward Eric as reflected in publicly available records,” Strauss wrote.

According to Strauss’ motion, Anagnost engaged in an effort to defame Spofford in order to gain the upper hand in family court hearings dealing with the shared custody of their son.

“A recent court filing by Amy’s soon-to-be ex-husband, Alex Anagnost, confirms that Amy ‘fed questionable information about her relationship with Eric to’ Chooljian for inclusion in the article and podcast, which Amy then used against Eric to alienate him from their son and as a weapon in their parenting dispute,” Strauss writes.

NHPR denied Anagnost was one of the sources for its reporting.

Spofford built a politically connected profile with Granite Recovery Centers. As the drug abuse recovery centers became the largest recovery facilities in New Hampshire, Spofford even counseled Gov. Chris Sununu on the response to New Hampshire’s opioid epidemic.

Spofford sold Granite Recovery Centers to BayMark Health Services, a Texas-based treatment company, last year. The sale price has not been disclosed.

Craig: Send National Guard to Manchester to Battle Homelessness

After years of failed policy initiatives to address homelessness, Manchester Mayor Joyce Craig and a group of her fellow Democrats want Gov. Chris Sununu to send in the troops.

Literally.

Craig joined seven of her fellow Democratic mayors in a letter asking Sununu to call up the National Guard.

The mayors, including Craig, Nashua Mayor Jim Donchess, Berlin Mayor Paul Grenier, Franklin Mayor Jo Brown, Dover Mayor Bob Carrier, Somersworth Mayor Dana Hilliard, Claremont Mayor Dale Girard, and Laconia Mayor Andrew Hosmer, blamed the state for the failures in their communities.

“The State of New Hampshire’s systems of care for individuals experiencing or at risk of homelessness are not meeting the needs of communities across the state and are contributing to a statewide homelessness crisis,” the mayors wrote. “Inadequate state services for individuals experiencing substance use disorder, mental illness, chronic health conditions, histories of trauma, and incarceration are all substantial factors contributing to homelessness in New Hampshire.”

In addition to requests for more state-funded emergency beds, the mayors want the National Guard to help staff emergency shelters. They also want state-owned property in Manchester opened up to house the homeless, also with the help of the Guard.

Sununu rejected claims the state isn’t spending enough to address homelessness. And he said mayors like Craig are failing to use federal resources or effectively manage the problem.

“The tone and misleading content contained in the mayors’ letter is disappointing considering the team approach that is so important on an issue as critical as this. The state has made unprecedented investments to address this issue and continues to identify additional pathways working through the Continuum of Care model,” Sununu said in a statement.

Sununu also said Manchester left a large chunk of its $43 million American Rescue Act funding untouched, money that could have been used for homeless services. At the same time, the city has spent millions on other, less life or death, priorities.

“Meanwhile, the City of Manchester has seemingly used very little of their $43 million from the American Rescue Plan funds to directly address homelessness and, as of Q3 of 2022 (according to their public facing website), they had only expended 22 percent of their funds,” Sununu said. “The unprecedented request to call in the National Guard when federal funding hasn’t been spent by many of the municipalities who signed this letter is impossible. For example, $2 million of American Rescue Plan funding received by Manchester has been dedicated to the city’s branding strategy.”

The state currently supports a Continuum of Care program to allow individual communities to address the homeless crisis while also investing more than $120 million into 42 programs, including housing, emergency assistance for families, and healthcare access for people in crisis.

“Emergency shelters across the state serve more than 700 people (individuals and families) on any given night in New Hampshire,” according to the New Hampshire Department of Health and Human Services.

The deaths of a homeless man and a homeless woman in separate incidents in Manchester during frigid temperatures around the Christmas weekend have increased scrutiny of Craig’s leadership on the issue. Now a national spotlight has been turned on the Queen City’s homelessness issue with the news of the birth and abandonment of a baby in a homeless camp around midnight on December 26.

The mother, Alexandra Eckersley, 26, is the adopted daughter of Major League Baseball Hall of Famer and retired Red Sox broadcaster Dennis Eckersley. She was subsequently arrested for allegedly abandoning the newborn in a tent for more than an hour. The newborn boy was taken to Dartmouth-Hitchcock Medical Center in Lebanon.

Craig’s continued struggle to address homelessness has become a political embarrassment for the mayor, who is widely believed to have an eye on the governor’s office. The city hired Schonna Green as its first-ever director of homeless initiatives in 2021. But she abruptly quit in September.

Ward 3 Alderman Pat Long told Manchester InkLink that Green was set up to fail in her post.

“She was a director of homelessness with no staff, so that was set up to fail from the start. It would be like telling (Police) Chief (Allen) Aldenberg you have no more officers and, oh, keep the city safe,” Long said. “Schonna had a lot of ideas that were stifled someway, somehow – and that was frustrating to her. She called me three weeks ago and said she felt like people were working against her and that they didn’t want her here. I don’t know about that because I’m not in her shoes every day.

“Homelessness is a major initiative in the city of Manchester and in my opinion, you can’t address it with a one-person department,” Long added.

In an interview with WMUR, Craig conceded the homeless problem has gotten worse on her watch.

“Homelessness has been an issue for decades,” Craig said. “Manchester runs health care for the homeless. We’ve had that contract for 40 years. But I would say right now, we are seeing more people living outside than we have before.”

Exec Council Approves $50 Million for Sununu’s Housing Fund

The Executive Council approved the first $50 million in funding for Gov. Chris Sununu’s InvestNH Housing Fund, an ambitious plan to deal with the Granite State’s housing crisis. 

“This initial $50 million investment will create 1,500 new rental units across the state, helping increase supply, drive down costs, and ensure New Hampshire is the best state to live, work, and raise a family,” Sununu said.

InvestNH is a $100 million investment plan to boost housing construction by covering the gaps in hard construction costs on affordable multi-family developments.

The plan uses money from the state’s portion of the $1.9 trillion American Rescue Plan Act. The fund will eventually direct $60 million toward developers, with $10 million going to the New Hampshire Housing Authority, and another $10 million earmarked for non-profit and small-scale for-profit developers. The remaining $40 million is going to municipalities to help streamline the zoning and planning process to get the projects built. There is also money that municipalities can use to demolish old structures and update zoning ordinances to meet current needs.

This first $50 million will be used for housing projects which will be held to affordability restrictions and construction completion deadlines within 18 months.

Both Sununu and his Democratic opponent, state Sen. Tom Sherman agree the current crisis in affordable housing availability is putting the state’s economic growth in danger. There are tens of thousands of high-paying jobs available in New Hampshire, but not enough potential workers can find places to live.

Sherman has released his own housing plan, which he said builds on Sununu’s $100 million investment.

While the council approved the housing funds, it stalled funding for a decade-old sex education plan a fourth time. No member of the council moved to vote on the $682,000 contract, leaving it in limbo.

The program is aimed at reducing teen pregnancy in Sullivan County and the city of Manchester, pockets of the state with the highest rates.

Republican councilors Joe Kenney, David Wheeler, and Ted Gatsas all previously supported the same program, but now cite concerns about parental rights when arguing against the contract. While parents must give permission for their children to participate in the program, details about what the curriculum exactly teaches are not available to the public.

Liz Canada, Advocacy Manager for PPNNE/Planned Parenthood New Hampshire Action Fund, blasted the move, saying it puts women and children in harm’s way. The council has previously voted to defund family planning contracts with clinics that also perform abortions.

“By gutting the family planning program and rejecting routine funding for after-school sex education, the Executive Council has jeopardized New Hampshire’s capacity to reduce rates of unintended pregnancy and sexually transmitted diseases in our state at a time when the landscape of reproductive health care nationwide is in chaos because of the U.S. Supreme Court’s decision to overturn Roe v. Wade,” Canada said. “Now is not the time to risk the ability of trusted community organizations to deliver what could be life-saving information and support.”

Ed Funding Lawsuits Aim at Pushing More Local School Costs onto State

The way New Hampshire funds education could be completely upended as two separate lawsuits advance in court. One suit seeks to halt education property tax rates and the other attempts to increase the amount the state pays per pupil. 

Plaintiffs in the Grafton County education lawsuit are set to argue Friday that the state should not be able to set a rate for the Statewide Education Property Tax (SWEPT), arguing the tax is unconstitutional as implemented.

Meanwhile, Gov. Chris Sununu won’t be forced to sit for a deposition in the Contoocook Valley Regional School District lawsuit. Rockingham Superior Court Judge David Ruoff ruled the plaintiff school districts failed to show the governor is in possession of any unique knowledge.

Both lawsuits are attempting to force the state to pay more of the costs for local schools, with plaintiffs in both cases alleging the state has never followed the New Hampshire Supreme Court’s rulings in the 1980s and 1990s Claremont cases.

The Grafton County case involves several state residents who are also commercial and residential property owners. They claim New Hampshire is violating the 1997 Supreme Court’s Claremont II decision.

In Claremont, the court ruled New Hampshire has a constitutional obligation to provide an adequate education. That decision found, in part, that the use of local property taxes with varying rates to pay for the state’s obligation to provide its students with an adequate education is unconstitutional.

The ConVal case, which now includes dozens of school districts as plaintiffs, seeks to force the state to increase the per-pupil grants for an adequate education from $3,600 per pupil to around $10,000 per pupil, alleging the current grant does not cover the necessary services.

According to attorneys in the Grafton County case, Andru Volinsky, John Tobin, and Natalie Laflamme, the state continues to ignore the Supreme Court by using varying rates for the SWEPT, which in effect continues to punish poor communities with lower property values.

“Ever since (Claremont II,) the state has tried numerous mechanisms to avoid implementing an equitable tax system that would have the effect of imposing a fairer tax burden on wealthier towns, requiring the courts to intervene and protect the constitutional rights of New Hampshire citizens. Now, the state is primed to once again impose a tax using the same mechanisms previously held unconstitutional that will result in some taxpayers paying up to seven times as much for education funding as their wealthier counterparts,” the attorneys write in a new filing with Grafton County Superior Court.

The Grafton County plaintiffs are now seeking an injunction to prevent the state from setting a tax rate, asking the court to keep the SWEPT rate at $0. A hearing on the injunction is set for Friday.

The SWEPT accounts for 30 percent of education funding in New Hampshire. The tax started in 1999 as a response to the Claremont decisions, which found the state has a constitutional obligation to fund an adequate education. The money raised, more than $360 million estimated in the coming year, is used to fund state adequacy grants.

According to the plaintiffs, wealthy communities raise more funds per pupil through SWEPT than the state’s low standard for what it asserts is the cost of a state-funded adequate education. And since 2011, the state has allowed those wealthy towns to keep the surplus, which flies in the face of the Claremont decisions, according to the motion.

“The SWEPT tax as currently administered is not uniform in rate as the state allows towns with surplus SWEPT funds to either set a negative local education tax rate to offset the state’s official equalized SWEPT tax rate or retain the excess,” the motion states. “Both of these mechanisms have been previously deemed unconstitutional by New Hampshire courts.”

In the ConVal case, the plaintiffs sought to depose Sununu in order to get him to testify about the reasons he vetoed a bill that would have increased education spending by $140 million. The bill would have paid for the increase by rolling back some of Sununu’s business tax cuts.

Ruoff found the plaintiffs did not articulate how Sununu’s veto was directly related to the issues involved in the lawsuit, like funding for transportation, meals, and other necessary services.

Ruoff has already found the state is not following the Claremont decisions and that it is unconstitutionally underfunding education. The ConVal case is slated for trial in the spring to try and determine what the adequate education grant should be per pupil.