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“Irreplaceable” Democratic Leader Renny Cushing Loses Cancer Battle

Democratic House Minority Leader Robert Renny Cushing is dead, less than a week after announcing he was stepping away from politics due to cancer.

Monday afternoon’s announcement that Cushing died, after months of being treated for stage four prostate cancer, hit New Hampshire politics hard.

“I will never have the right words to summarize Renny’s life of service,” said Senate Minority Leader Donna Soucy (D-Manchester). “His kindness, his humor, the way he would break into song when greeting you, the respect he commanded from colleagues on both sides of the aisle, his love of his family, and his unwavering belief in the place he called home. He truly was one of a kind.”

Even his political opponents praised Cushing’s public service.

“Although Rep. Renny Cushing and I were on the opposite sides of most public issues and policies, without exception I found him to be a person of remarkable courtesy and honor,” said former House Speaker Bill O’Brien. “He always accepted the integrity of those with opposing views.  Rep. Cushing has left all of us who worked with him in the legislature – and indeed, all of New Hampshire – with an enduring example of how we can disagree in politics without being disagreeable. He will be missed, but he will be remembered.”

Cushing represented Hampton and had been a part of New Hampshire politics for decades. He got his start as an activist founding the Clamshell Alliance, the environmental group opposed to the Seabrook nuclear power plant. A progressive pioneer in the Live Free or Die state, Cushing championed the environment, criminal justice reform, marijuana legalization, and ending the death penalty. 

Cushing was against the death penalty before his father was murdered by a neighbor in 1988, and Cushing remained an active death penalty opponent despite that tragedy. He helped secure a major victory in 2019 when the legislature passed a death penalty repeal with a veto-proof majority.

Cushing becomes the second party leader to die since the start of the pandemic. Speaker of the House Rep. Dick Hinch, (R-Merrimack) died in the spring of 2020 after becoming infected with COVID-19. In fact, Cushing filed a lawsuit against Packard, Hinch’s successor, over the legislature’s COVID protocols. Cushing wanted more remote access for legislators like himself, who have serious health concerns.

Packard has so far prevailed in court, though a ruling in Cushing’s appeal before the federal First Circuit Court of Appeals is pending. Cushing was seeking an expedited ruling in the case ahead of the planned return of lawmakers to Representatives Hall.

As news spread of Cushing’s passing, tributes poured in.

“The House, the Democratic Caucus and the people of New Hampshire today suffered an incalculable loss with the death of House Democratic Leader Renny Cushing,” said acting Democratic House Leader David Cote, (D-Nashua.) “He cannot be replaced. He was my friend before my Leader and became family to me. I will miss him every day.”

Gov. Chris Sununu released a statement saying Cushing “made a lasting impact on the issues he cared deeply about. My thoughts are with the Cushing family during this unimaginable time.” The governor also ordered state flags in the Town of Hampton to fly at half-staff on the day of interment.

Democratic State Party Chair Raymond Buckley said Cushing spent his life “fighting the good fight.”

“His sense of justice never wavered or compromised. His epic determination and strength led to impressive victories both inside the legislature and out,” Buckley said. “All New Hampshire Democrats are feeling an immense loss and mourn the passing of Leader Cushing. Our heartfelt condolences go to his wife Kristie Conrad and his three daughters, Marie, Elizabeth and Grace.”

House Speaker Sherman Packard (R-Londonderry) said he was honored to work with Cushing.

“He was a passionate and dedicated public servant – never afraid to take on controversial issues for the sake of bettering this great state. It was an honor to serve alongside Leader Cushing, and his presence will be greatly missed by all who had the opportunity to know and work with him,” Packard said.

NH House Dems Victory Committee Chair Representative Matt Wilhelm (D-Manchester) said Cushing continued to provide leadership during the pandemic while he received cancer treatments.

“Even during his battle with cancer, Leader Cushing led our caucus with courage and conviction, all while inspiring House Democrats with his trademark charm, wit, and genuine kindness,” Wilhelm said.

Rep. Tony Labranche (I-Amherst), who quit the Democratic Party over leadership concerns, has repeatedly called Cushing an inspiration.

“He was such an inspiration to so many, including myself. He was a true leader and man of the people,” Labranche said.

Sara Persechino, Campaigns and Communications Director for Planned Parenthood of Northern New England, said Cushing leaves a lasting legacy on New Hampshire.

“From his efforts to make New Hampshire’s Constitution gender neutral to his modern-day work to increase the gender diversity of our state’s leaders honored in State House portraits, the Honorable Renny Cushing fought every day to advance equity in our state. Few have impacted the trajectory of the Legislature and our state as strongly as Renny; we are honored to continue the fight for equality for all in his memory – no matter what,” Persechino said.

House Majority Leader Jason Osborne (R-Auburn) said Cushing will be remembered for his constant efforts for his constituents, and his strong advocacy for his beliefs. 

“Leader Cushing never gave up fighting for what he believed was right, even when the odds were stacked against him, and was well-respected by those who worked with him over the years. My thoughts and prayers go out to the Cushing family, his friends, and the Democratic caucus during this difficult time,” Osborne said.

In DC, Dems Go Maskless to SOTU. In Concord, NHDems Go to Court to Fight Return to House

On Monday, House Minority Leader Renny Cushing (D-Hampton) asked a federal court to rush a ruling on House Democrats’ lawsuit to block a return to regular session in the State House chamber.

On Tuesday, Democrats crowded into Congress, maskless, to cheer on President Biden’s State of the Union speech.

Granite State Republicans took note.

“I saw a headline this morning that the [U.S.] Capitol’s attending physician notified Congress that masks are no longer required ahead of Biden’s State of the Union address,” New Hampshire Speaker of the House Sherm Packard (R-Londonderry) told New Hampshire Journal Tuesday afternoon. “So we’re talking about putting hundreds of people — members of Congress, Supreme Court justices, cabinet officials, and all the guests — packing them all into a room together, and Democrats say that’s all right. But we can’t go back to the [N.H. House] chamber?

“The Democrats keep saying ‘listen to the science.’ Well, we’re the ones listening to the science and the latest CDC guidelines. They aren’t,” Packard added.

The House Democrats’ lawsuit seeks remote options for legislators unwilling to return to in-person work. Since the start of the pandemic, House members have met in sports complexes, the University of New Hampshire and the convention center at the Manchester DoubleTree by Hilton.

Lawyers representing Cushing filed a motion on Monday in the First Circuit Court of Appeals in Boston seeking an expedited ruling in Cushing’s lawsuit against Packard. Cushing wants legislators to be able to log on for the House session remotely. Packard has rejected this request and, thus far, has prevailed.

The appeal was heard in the federal appeals court in September, and no ruling has yet been made. Since September, however, Gov. Chis Sununu has effectively called for an end to pandemic restrictions, and the Centers for Disease Controls have adjusted the masking requirements.

The New Hampshire House is now set for its first session in Representatives Hall on March 10, the first time that House members have gathered in Concord since the start of the pandemic.

Cushing wants the federal appeals court to issue a ruling before the state of the session on March 10, claiming members have been risking their health for months because of Packard’s refusal to allow remote access to lawmakers.

“Some of the Plaintiffs have chosen to risk death by attending committee meetings and House sessions. Others have heeded the advice of the CDC and their doctors and chosen to not spend hours inside with unmasked, unvaccinated people. None of the Plaintiffs should have ever had to make a choice between the risk of death and their duty to their constituents. None of them should have to expose themselves to the extraordinarily dangerous conditions in Representatives Hall,” the motions filed Monday states.

Cushing did not respond to a request for comment on Tuesday. Packard has said the return to Representatives Hall in Concord will not be a problem.

“We have managed smartly throughout the pandemic with many risk-mitigation measures in place to ensure the people’s business continues to get done,” Packard said. “We’re now in a different phase of the pandemic, and without some return to normalcy, we risk long-lasting damage to this historic institution and its traditions.”

According to Cushing, holding the session in the State House will mean many members of the legislature will not be able to take part due to health concerns, and their constituents will be denied their representation. This despite a year of widely-available vaccinations and boosters, in a state with one of the lowest rates of hospitalization and death in the nation.

“You’d think, with the Biden White House and the Congress going maskless and the CDC’s new guidance, that Democrats would be ready to move on,” Packard said. “Because it’s time. It’s time to get back to the normal way of doing things. It’s been two years. We can’t be cowering in a corner and afraid of going out and doing anything. We’ve got to get back to normal life.”

Red-Hot NH Economy Struggles to Find Workers

New Hampshire businesses continue to struggle to find workers even as the state economy leads the rest of New England, according to data released this week.

New Hampshire ranks in the top five states with the most open jobs, according to a WalletHub study released this week. Alaska, Vermont and Wyoming top the list of states where employers have the most trouble finding workers, with New Hampshire coming in fourth.

According to the study, New Hampshire has had an 8.5 percent job opening rate in the last 30 days, with a 7.28 percent rate over that last year. This means New Hampshire businesses need to work harder to get and keep employees, according to Paul  Antonellis, director of Institutional Planning and Assessment at Endicott College.

“The employer should be open to identifying what employees today want/need to ensure that they are meeting or exceeding those wants/needs. Today the employer must be willing to think outside the box as to how they can recruit and retain employees, what worked in the past may no longer be a driving force today and the employer needs to be willing to pivot recruitment and retention efforts for the given occupation,” he said.

According to Anthony Farina, a professor with Baruch College, City University of New York, attracting and retaining employees might be a simple matter of paying more for front line workers. There are many businesses that pay executives big salaries while skipping on the front line workers.

“If you can pay someone millions of dollars plus stock, year, after year, after year, you can pay your people better at the lower end of the pay spectrum. People are aware of what goes on in the C-Suite and at board meetings, so get out of your bubble and be willing to pay people better. You might be surprised,” he said.

Rowena Gray, Associate Professor of Economics at the University of California, said a big factor to the number of employees who are taking advantage of the CVID endemic by switching jobs and careers, leaving low paying gigs for better situations.

“So, this is good for workers and the high turnover rate might then be thought of as a chance to make better matches between workers and employers, which might also boost productivity,” she said.

Gray thinks the economic pressure will continue to bear on businesses who rely on lower wages for employees. These businesses will continue to see unionization efforts and other pushes to increase pay and benefits,

“The biggest pressure right now is on the lowest-paid work, so I would expect pay and benefits to be the main focus. We are seeing the push to unionize in various employers which have used zero-hours contracts and avoided offering benefits to employees, and maybe workers will be able to end those scenarios in this era of higher worker leverage,” she said.

Gov. Chris Sununu boasted Thursday about the Granite State’s rankings that show New Hampshire is a regional leader in economic and population growth and as a national leader in freedom and public safety.

“Ranking after ranking shows that the Granite State is the place to be,” he said. “We are very proud that our life here in the 603 is simply the best of the best, but we did not get here by accident.”

Unmasked Middle Schoolers Face Detention in Derry

Parents of West Running Brook Middle School students in Derry are being warned that children who do not wear “properly-fitted masks” will be sent to special detention sessions, according to an email obtained by New Hampshire Journal.

Principal Justin Krieger recently wrote to parents that the need for well-fitted masks is required for all activities in the building. Students who fail to comply will be punished.

“Students who are unable to wear a properly-fitted mask despite encouragement, prompts, and support from staff will be assigned an after-school detention on Friday (2:00-2:30 p.m.) of each week,” Krieger wrote.

The purpose of the detention is not to punish the students, he explained, but instead to educate the middle schoolers on the importance of wearing masks.

“We will use this time in concert with our school nurse to provide more education for students to stress the importance of compliance,” Krieger wrote.

Krieger did not respond to a call on Monday from New Hampshire Journal. Derry Cooperative School Board Chair Erika Cohen did not answer questions on Monday about whether or not the board agreed with Krieger’s policy. 

“This was a school-based decision. The school board was not involved,” Cohen wrote in an email.

Krieger wrote in the email to parents that the special detention will be dedicated to “education.”

“Students deserve to understand the ‘why’ of mask-wearing and we intend to dedicate all this time to that end,” he wrote.

The new policy is not intended to punish students who occasionally have their masks below their noses, but it is aimed at students who “chronically” fail to wear their masks properly, he wrote.

State Rep. David Love, R-Derry, said Kieger is in the wrong with the new detention policy. As far as Love is concerned, masks don’t work.

“I think he’s stepping way out of bounds. I don’t know where this is all going to end. Masks, they don’t work. People have been wearing masks and getting vaccines and the vaccinated and masked are still getting COVID,” Love said.

Love has introduced a bill that would allow parents of students in a school that requires masks to transfer to another school at no expense to the family.

“The bottom line is the schools are going to do as they damn well please until we hit them in the pocketbook,” Love said. 

While Rockingham County is seeing high levels of COVID-19 transmission, the middle school does not appear to be overrun with cases, according to the New Hampshire Department of Health and Human Services’ COVID-19 dashboard.

As of Jan. 21, the latest reporting date available, West Running Brook had two active cases in the school community. The state dashboard does not distinguish between student cases and staff cases, so it is not clear if those infected are children or adults. The dashboard indicates there are no current outbreaks or clusters within the West Running Brook community. 

While there is no statewide mask mandate, schools, municipalities, and businesses are free to craft their own policies. Most schools in the state have been requiring the use of masks indoors since late fall, according to WMUR’s list of more than 400 school mask decisions.

The need for masks may start to change quickly, as many health experts expect the Omicron variant to peak in the coming weeks. Dr. Scott Gottlieb, former FDA commissioner, said this week on “Face the Nation ” that it is too soon to get rid of masks in schools, but that could change rapidly.

“I think it is too soon to do that because a lot of schools have built their preparations around the use of masks and whatever we want to say about the benefit that masks are providing, it’s providing some benefit,” Gottlieb said. “So, to withdraw it right at the peak of the epidemic, I think it’s imprudent. We should wait. I think within two weeks we’ll be able to make that decision.”

NH Health Professional Oppose Allowing Access to Ivermectin Without Doctor Oversight

A state House committee Tuesday debated a proposal to allow Granite Staters to get the anti-parasitic drug Ivermectin without a traditional doctor’s prescription. The drug has been embraced by some Americans, particularly in the anti-vaccination community, as a treatment for COVID-19, despite the lack of supporting evidence.

“Ivermectin is not indicated to treat COVID-19 and prescribing it for such is dangerous and totally out of line with standard of medical care around the world,” Dr. David Levine of Dartmouth-Hitchcock Medical Center said in written testimony to the House Health, Human Services, and Elderly Affairs Committee. “I would never want this medication prescribed to myself or my family and would take legal action against anyone who recommended this to my loved ones.”

The committee heard testimony on HB 1022, which would allow doctors or advanced practice registered nurses to issue standing orders to pharmacies that allow patients to get Ivermectin to treat COVID-19 without first seeing a doctor. The law, co-sponsored by Rep. Leah Cushman (R-Weare), would also prohibit pharmacists from discouraging the use of Ivermectin to treat COVID-19. The bill further prevents medical professionals from being punished for administering Ivermectin for COVID-19.

New Hampshire doctors and hospital officials made their opposition clear.

“Ivermectin is not authorized or approved by the FDA for use in preventing or treating COVID-19. While the effectiveness of Ivermectin relative to COVID-19 is currently being assessed through clinical trials, we cannot overlook the fact that the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration (FDA), and the National Institutes of Health (NIH, as well as other federal agencies charged with protecting public safety,) have all stated that Ivermectin is not recommended to prevent or treat COVID-19,” Steve Ahnen, president and CEO of the New Hampshire Hospital Association, said Tuesday.

Dr. William Palmer, governor of the New Hampshire Chapter of the American College of Physicians, added another issue. “I would also be concerned, given how overwhelmed our New Hampshire healthcare system is, about where patients go and who will cover the care for any Ivermectin-induced side effects,” he said in written testimony. “Please vote this bill down.”

The pro-HB 1022 side did bring a doctor to testify, Dr. Paul Marik with the Front Line COVID-19 Critical Care Alliance. Marik falsely claimed the COVID-19 vaccines were responsible for 200,000 deaths during his testimony, and he recommended taking vitamin D in order to ward off COVID-19.

Marik recently resigned his position as Professor of Medicine and Chief of Pulmonary and Critical Care Medicine with Eastern Virginia Medical School after he was reprimanded by the Virginia Board of Medicine for prescribing drugs like phenobarbital, oxycodone, tramadol, alprazolam, and diazepam to people who were not his patients, according to news reports.

Some members of the left-leaning media have inaccurately described the drug as a “livestock dewormer.” In fact, the drug is widely prescribed to humans to treat parasitic diseases like river blindness. In 2015, two key researchers in its development won the Nobel Prize for their work.

Rep. Jerry Knirk (D-Freedom), who is also a doctor, told the committee that while Ivermectin is a good drug to deal with parasites, it is not proven to work against COVID-19. He worries that allowing people to use it for COVID-19 might result in the infected not getting appropriate medical care in time.

“I have nothing against Ivermectin. But there is no credible evidence that it is effective,” Knirk said.

Knirk added people are much better off getting vaccinated against COVID-19 than experimenting with Ivermectin.

The Union Leader reported Monday that former conservative state Rep. JR. Hoell and his family are under investigation by the Division of Children, Youth, and Families after Hoell treated his children with Ivermectin when they had COVID in late November. DCYF has been attempting to take custody of Hoell’s two minor children since early December when a nurse practitioner reported Hoell’s ivermectin usage to the agency, the paper reported.

Podcaster and comedian Joe Rogan, a vaccine skeptic who trades in misinformation about the pandemic, treated himself with Ivermectin and other drugs prescribed by his doctor last year after he contracted the virus. At the time, Rogan was mocked in the media for taking a “horse drug.” 

NH Teachers Union Blasts State Ed Board Rule Limiting Remote Learning

New Hampshire’s largest teachers union blasted the State Board of Education for voting to tightly limit the use of remote learning by Granite State public schools.

Under the rule changes finalized by the board Thursday, schools can only use remote learning for weather events such as snowstorms, and when parents request the online-learning option. Since the beginning of the pandemic, local school districts have locked down classrooms for months at a time, despite evidence showing that has a drastically negative impact on children. In some communities, parents organized protests in response.

On Thursday, the Board of Education made it clear whose side it is on.

“Parents have to have some say in the matter,” said board chairman Drew Cline.

Cline said the rule changes still leave school districts with the flexibility to adopt remote learning as needed in specific instances, but the state won’t be returning to months of at-home education for entire school districts. Cline said remote learning during the 2020-2021 school year was disastrous for public schools.

“We had more than 8,000 students leave the public school system in New Hampshire in 2020, and most of them didn’t come back,” Cline said. “One of the main reasons is [families] didn’t want remote instruction imposed upon them, they didn’t like that they had no options and no say.”

Megan Tuttle, president of the NEA-New Hampshire, the state’s largest teachers union, was quick to blast the decision. Tuttle accused the board and Department of Education Commissioner Frank Edelblut of disregarding the health and safety of students and teachers.

“While educators, parents, and healthcare professionals are focused on keeping our children and families healthy and safe, Commissioner Edelblut and the State Board of Education are focused on penalizing school districts for making the difficult decision to temporarily switch to remote instruction during a communitywide outbreak,” Tuttle said in a statement.

Cline noted schools are free to close classrooms if they feel the need. But instead of simply moving classes to “Zoom school,” as some parents call it, schools will have to make up the days in classroom instruction later in the year.

Educators agree New Hampshire students lost ground across the board due to the effects of online learning.

In Manchester, Superintendent Jonathan Goldhardt told the city’s board of education this week that thousands of his students are now getting failing grades.

“The number of students getting at least one F grade went up dramatically during the mostly remote and hybrid 2020-2021 school year,” Goldhardt told board members, according to the New Hampshire Union Leader.

Test results tell the same story.

Proficiency for ELA at the third-grade level was 44 percent in 2021, compared to 55 percent in 2018 and 52 percent in 2019. Math proficiency at the third-grade level was 45 percent in 2021, compared to 55 percent in both 2017 and 2018, and 57 percent in 2019. 

Eighth-grade proficiency for ELA was 49 percent in 2021, compared to 62 percent in 2016, 58 percent in both 2017 and 2018, and 53 percent in 2019. Proficiency for math at the eighth-grade level was 33 percent in 2021, compared to 47 percent in 2016, 46 percent in 2017, 47 percent in 2018, and 45 percent in 2019. 

Cline said the board listened to unions and others opposed to the rule changes, but those in opposition never presented an alternative plan. Ultimately, the changes were about listening to parents and keeping students in schools, he said.

“We’re moving forward with this rule to give parents real-time buy-in and opt-in,” Cline said. “We want to make sure public schools are listening to the parents because we don’t want a repeat of 2020 where we lose another 8,000 kids.”

NH Grocery Store Shelves Looking Bare as Prices Rise

On Tuesday, the U.S. Labor Department announced the inflation rate hit 7 percent, the fastest pace of price hikes on Americans since 1982. But some shoppers are asking: What difference does it make when prices rise if there’s nothing in the stores to buy?

In New Hampshire and across the nation, shoppers are finding grocery store shelves that, while they aren’t empty, they are far from fully stocked. The hashtag #BareShelvesBiden has begun to take off.

Grocery store supplies are dwindling across the country as grocery store supply chains fall victim to the Omicron surge, and recent bad weather is leaving the Northeast hardest hit.

It’s not all bad news, according to Bruce Bergeron, chairman of the New Hampshire Grocers Association’s board of directors. He said the supply issues are going to hit large chains hardest in New Hampshire, as those stores rely on frequent shipments, while smaller stores are so far still able to get stock. 

“It’s a matter of scale. The smaller stores are not selling in large quantities and don’t have the same pressures,” he said.

Supply chains are suffering from a variety of problems, from lack of staffing to weather delays. Add in the latest round of COVID-19 illness and many shoppers are finding bare shelves and fewer choices.

“We’re really seeing the perfect storm,” Phil Lempert, editor of the website SupermarketGuru.com, recently told NPR.

According to Lempert, the Northeast is facing some of the worst shortages now, due in part to recent winter storms that snarled transportation routes. 

Albertsons CEO Vivek Sankaran told investors in a recent call he had anticipated supply chain issues from earlier in the pandemic would have eased by now. That expectation has been upended by the Omicron variant surge.

“We were expecting supply issues to get more resolved as we got into this period right now. Omicron has put a bit of a dent on that. There are more supply challenges and we would expect more challenges over the next four or six weeks,” Sankaran said.

Albertsons has nearly 3,000 grocery stores nationally, and the chain is not alone. Discount grocery chain Aldi, which has 2,000 stores, recently posted an apology to shoppers because supply chain problems have left it without many advertised items.

“We are experiencing shipping delays and are working around the clock to fix it. We know it is frustrating and we are sorry for any and all inconveniences,” the store stated in the apology.

The Aldi chain is relatively new to New Hampshire, with about a dozen stores opened in the Granite State in the past few years. 

Bergeron said the biggest concern for New Hampshire grocers and shoppers right now isn’t what’s in stock, but how to pay for it with the increasingly rising inflation.

“Inflation is real and it affects people’s pocketbooks. And it’s present in everything grocery stores sell,” he said. 

Skyrocketing inflation means the cost of necessary goods like food and fuel continues to rise, eating away at the recent wage increases many workers have seen. Bergeron said Granite Staters are going to likely deal with inflation for a long time to come.

“There’s no escaping that,” he said.

Bergeron noted signs of the current inflationary crunch were present for years. Home prices and wages have been climbing in New Hampshire since before the pandemic, he said, forcing up the price of everything else. 

“In my business, we started seeing this five years ago. I knew it would result in some inflation at the retail level,” he said.

As inflation started shooting up in the fall, President Joe Biden’s Federal Trade Commission responded by opening investigations into grocery store chains and suppliers, like Keene’s C&S Wholesale Grocery. C&S is the largest supplier for grocery stores nationwide. Company representative Lauren La Bruno did not respond to a request for comment.

The FTC issued orders in late November to Walmart, Amazon.com, Kroger, C&S, Associated Wholesale Grocers, McLane Co., Procter & Gamble, Tyson Foods, and Kraft Heinz Co. demanding they provide data showing how their individual supply chains have been managed since the start of the pandemic.

Most economists dismiss that effort as political theater.

“Beef, pork, and poultry all have their own supply and demand market fundamentals,” explained Meat Institute President and CEO Julie Potts. She said the real engine of higher meat prices is “rising input costs, rising fuel costs, supply chain difficulties and labor shortages that impact the price of meat on the retail shelf.”

Russ Atherton, owner of The Local Butcher, a meat processing business in Barnstead, N.H., agrees.

“Regionally, we’re coming off a year when feed prices were through the roof and the feed supply was really short,” he told NHJournal. “Fuel and grain costs are way up, too. A ton of fertilizer two years ago was $280. Now they’re forecasting the price at $1,300 this spring.

“When the input prices are going up across the board, you can’t say [meat producers] are just ripping people off,” Atherton said.

NHJournal Q & A With Speaker of the House Sherman Packard

After last week’s opening House session of the 2022 season, Speaker of the House Sherman Packard (R-Londonderry) spoke to New Hampshire Journal about events at the Doubletree in Manchester. Packard defended the new district map approved by the Republican-led House and predicted vaccine mandates and the COVID pandemic in general are likely to play a big role in the coming 2022 election.

NH Journal: 

Overall, what were your goals for this first session of the House.”

Packard:

My goal was to get through safely and not have any incidences of sickness. We’ve had two years now. Every time we’ve met, we’ve never had a case. And so I’m hoping and praying that that continues. 

We sent out tests to every member prior to the first few days of the session and asked them to check themselves before they came. So I’m hoping that’s what they use the test kits for. But we also had like twenty machines in there going the whole time, to clean the air. So that was my first thing, to try and make it as safe as possible. 

(Over the weekend, the New Hampshire House Communications team sent out an email to members informing them that at least two people at the Jan. 5 and Jan. 6 House Sessions tested positive for COVID-19. Members and people who attend are being asked to watch for symptoms.)

NH Journal:

On the redistricting issue, do you agree with people who say that this was a good map for Republicans and one that Republicans should rally around and support?

Packard:

I think it’s a fair map. I think it’s a very fair map. We were very careful when we picked the Redistricting Committee as to who we put on it. And I thought on both sides we put people who were very knowledgeable. You gotta remember too … that the redistricting committee went to every single county in the state, including Coos county, and had a public hearing.

If you really look at the map, the 1st District is much more condensed because of the population, where we’ve got 55 percent of the population in two counties. So, it’s much more condensed than the Northern counties and the other counties that have smaller populations. So, it’s going to be a much larger area than the other districts, strictly because of the population.

NH Journal:

Many people were concerned about the bill to ban businesses from being able, if they chose to, have a vaccine mandate for their own employees. There’s a lot of passion surrounding that issue and some Republicans were adamant about it. And yet it got tabled by a pretty large margin. Was that smart politics from the Republican leadership that knew this was a loser issue and killed it quickly? Or was this an ideological vote in the sense that both Democrats and small-government Republicans agreed that the state shouldn’t be interfering in what a business chooses to do?

Packard:

I’m not sure it had anything to do with any particular philosophy on either side. We started out with over 40 bills that had to do with COVID, in some form, whether it be the mandates, the vaccines, or anything else. We whittled that down to about 20 bills. So we’ve got approximately 20 bills sitting in our committees right now that are going to be dealing with this issue. So our goal is to have fair, open hearings on all those bills and come up with the best policy we can. And that’s why I think you’ll find it if you talk to most representatives … I mean, something’s going to pass the legislature and hit the governor’s desk, and that’s what we’re going to be working on over the next couple of months.

NH Journal:

And what do you anticipate hitting the governor’s desk? Is it going to be some restriction on what private businesses can do when it comes to vaccines? 

Packard:

Well, my personal feeling is I’m against the state mandating a mandate. We’ve always been against that. And I feel it is important that we need to protect the workers, but shouldn’t be telling businesses what they can and cannot do. But we need to protect the workers against being fired or laid off because they truly believe that this vaccine is not safe. And many people I talked to believe it’s not safe. I’m not a doctor, and I’m not going to make any determination whether it is or not. I’ve had my shots and I’ve had a booster. 

So, that’s what we’ve got to work out. I would anticipate we’ll have four or five bills that go forward to hit the government’s desk in some form … I truly believe out of the 20 bills we’ve got we will have probably four, I wouldn’t say more than six, land on the governor’s desk that will probably cover all the [COVID] issues that we’re talking about. 

NH Journal:

 As of today, 2022 looks like it’s going to be a good year for Republicans. Do you believe that issues like trying to get in the COVID vaccine fight and the fight over anti-vax versus mandates, etc., is a good issue for Republicans in 2022? Or is it the kind of issue that would actually slow down your potential progress? 

Packard:

I think society today is so conflicted as to the vaccine itself, whether it’s safe or it isn’t safe. I mean, there are some pretty ludicrous statements out there on both sides. And I’m certainly not a doctor, but I think this is going be an issue until this pandemic, is put to bed and at some point is gone. 

 Moving forward, I think it will depend on how events transpire, whether we actually can get rid of it by summertime. I think only time will tell how this is really going to affect the elections. 

I mean, the Democrats have filed some pretty crazy bills too. There was one in there that had to do with, if you were on government assistance, more or less welfare, and you got elected to the State House, they get you more money. There are some pretty crazy bills that have been filed by our Democratic colleagues. So, once I think the public sees some of the crazy stuff, they’re going to realize that they don’t want (the Democrats) leading the state. 

NH Journal:

There’s been a lot of talk about a leadership vacuum in the Democratic House caucus, ongoing struggles between the progressive and traditional Democrats. Are you able to find partners across the aisle to negotiate with and work with, to try to pull more bipartisan legislation forward? Or are you just not interested in doing that? Or is it hard to find people across the aisle who have the ability to bring votes with them to work with as was common in legislatures 10 or 15 years ago? 

Packard:

Oh, I absolutely believe there’s still the hope that we can work together on a lot of legislation. If you look at the history, as long as I’ve been here, 80 to 85 percent of the bills we work on are usually bipartisan in some form. But nobody ever hears about them because they are bipartisan, there’s no conflict. The other 15 to 20 percent are the ones that make all the headlines and make all the news and make all the hubbub.

So, I truly believe that there are still a lot of bipartisan bills out there and a lot of bipartisanship in the committees too. There are a few committees you might consider partisan, like the Election Law Committee. But many of the committees out there, Public Works, Transportation, Fish and Game, all those are fair, bipartisan committees.

So, it depends on the subject matter, but I truly believe that in many cases, the parties will be able to work together going forward.

Sudden School Closures Leave NH Parents Reeling

School districts across the Granite State are putting families’ lives in a state of flux, and increasing parents’ frustrations as they face last-minute school closings.

Nashua parents were informed late Friday there will be no school this coming Monday or Tuesday after close to 200 teachers called out from work.

“The Nashua School District continues to fail its students,” said Alicia Houston, a mother and activist who has butted heads with the district since the start of COVID lockdowns.

Nashua’s Interim Superintendent Garth McKinney sent a letter on Friday stating school is canceled on Jan. 11 and 12 as there will not be enough teachers in the buildings.

“We are alarmed with the high number of staff absences across our schools these last few days,” McKinney wrote.

The Nashua district employs more than 1,000 teachers who are members of the Nashua Teachers Union. Union Vice President Gary Hoffman isn’t sure why approximately 20 percent of the district’s union teaching staff is calling out, but he suspects COVID.

“I am not sure. We’re trying to find out. I assume it’s Covid related mostly,” Hoffman said in an email.

Houston said this is par for the course for the Nashua District, which has not shown enough concern about what shutdowns do to working parents and children. 

“Since March of 2020, the focus has not been on the education of the children and their academic success,” Houston said. “The reasoning behind the mass call out remains unclear. However, very bad timing is creating a very poor optic for some Nashua parents. When will the focus be brought back to the best interest of the students and their learning?”

Nashua School Board member Ray Guarino blamed Gov. Chris Sununu for the shutdowns in a Facebook post.

“Governor Sununu ordered all districts back to school and we had no backup plan as delta and omicron began to surge. We should have done better by our students, teachers, and their families. I would hope that we at least make plans for a remote option,” Guarino wrote.

Parents, on the other hand, have expressed frustration with school systems and teachers unions pushing to keep classrooms closed. Data show remote learning has been an academic disaster, particularly for low-income families and students of color.

Nashua parents are not alone dealing with uncertainty about their schools’ policies. Dover’s School District warned parents this week to be prepared for shutdowns, as the closures may be announced at the last minute.

Dover Superintendent William Harbron wrote to parents that staff shortages due to COVID might shut down individual schools within the district. With no options available for remote learning, parents were told to be ready with a backup plan in case of a closure.

“I fully understand this is not the news you would like to hear,” Harbron wrote in the email.

Contacted Friday. Harbron expressed sympathy for parents who are struggling with the possibility of sudden school closures.

It’s not just closure parents need to watch for. In some municipalities, mask mandates for public spaces are coming fast. While cities like Keene and Nashua voted on new mask mandates in recent weeks, Portsmouth’s City Manager Karen Conard issued a unilateral directive on Friday ordering masks be worn indoors by everyone over the age of five.

“Given the current metrics relative to percent positivity and hospitalization utilization due to COVID, the health officer has determined that in order to protect the public health, proper face coverings must be used in all publicly accessible indoor areas and places of employment,” Conard said in a statement released Friday.

Conard based her decision on a recommendation from the city’s Health Department. While the city directive does not apply to schools, Portsmouth public school students have already been wearing masks indoors at school this year, according to district policy.

Few NH Workers Filing for Unemployment From Losing Job Over Vax Mandate

Supporters of legislation banning private businesses in New Hampshire from requiring vaccines for their employees often predict massive job losses from those mandates. But according to state officials, just over 1oo workers in the state have applied for unemployment benefits over a vaccination mandate job loss.

That is out of more than 725,000 employed residents, according to New Hampshire Employment Security.

New Hampshire workers who lose or quit their jobs over a COVID-19 vaccine mandate are generally not eligible for unemployment benefits, according to Commissioner of New Hampshire Employment Security George Copadis. And the total number of Granite Staters who have lost their jobs because they refused a vaccine is not known, in part because the state does not keep those records, Copadis said.

“While employers are required to report employment levels to the department on a quarterly basis, they are not required to provide the department with the reason for separation for each employee. The department only finds out the reason why someone separates from employment in those instances when they file a claim for unemployment benefits.”

If the employee who quit or was fired over the vaccine found a new job right away, they might not have filed for unemployment. Since last September, 110 New Hampshire workers have filed for unemployment citing the vaccine mandate, he said. About 40 have been able to get unemployment benefits.

“While each claim is analyzed on its own individual merits according to state law and rule, about 70 percent of the claims filed by people after having been fired or quit employment as a result of a vaccine mandate have been denied unemployment benefits,” Copadis said. 

Gov. Chris Sununu’s administration is fighting President Joe Biden’s federal vaccine mandate in court, though some large employers like Dartmouth-Hitchcock-Health have enacted their own vaccine requirements for employees. 

A bill to ban New Hampshire businesses from requiring workers to get vaccinated was tabled by the House of Representatives on Thursday.

Under the rules guiding the state, if people quit or are fired for refusing the vaccine, and the employer’s mandate seems reasonable, then the employees would not qualify for unemployment benefits. For example, the state considered vaccine requirements for health care facilities to be reasonable. For other employers, steps need to be taken to allow an unvaccinated employee to continue working, such as a mask requirement and regular COVID-19 testing in place of the vaccine. 

Dartmouth-Hitchcock Health, the state’s largest medical service provider, instituted a vaccine mandate last fall and reported 99 percent compliance. Asked Thursday, Dartmouth-Hitchcock’s Media Relations Manager Audra Burns did get into specifics.

“We are not publicly disclosing specific numbers of vaccinations, exemptions, or those that chose to leave,” Burns said.

Though New Hampshire does lag other states in terms of people being fully vaccinated, according to the CDC, as of Nov. 10, 89.8 percent of New Hampshire’s population age 12 and older has received at least one shot.

With one of the lowest unemployment rates in the nation, 2.7 percent, New Hampshire does not seem to be suffering from mandate-driven unemployment. In fact, many employers say the real crisis is the inability to find workers.