February 1, 2021 Notice: This morning, the Superior Court issued an order appointing Christopher Frey to the seat on the Select Board vacated by Michael James. The Court Order is here.
January 28, 2021 NOTICE OF COURT HEARING
IN RE: TOWN OF BRADFORD, Merrimack Superior Court Case No. 217-2021-CV-00055.
Petition to Appoint Selectman Pursuant to RSA 669:63.
Please take notice that the Superior Court will hold a hearing in the above-referenced matter on Monday, February 1, 2021 at 11:00 a.m. The public is invited to attend and participate in this hearing.
Following the resignation of two selectmen on January 25, 2021, Bradford Selectman Marlene Freyler has petitioned the Superior Court pursuant to RSA 669:63 to appoint Bradford resident and registered voter Christopher Frey to fill the vacant seat of Selectman Michael James. Following the court’s appointment of a second selectman, two selectmen will have authority under RSA 669:63 to appoint a third selectmen and restore the 3-member Select Board to full membership.
Any interested party may appear at this hearing and show why the Petition to Appoint Selectman should not be granted. If you wish to be heard on this petition, you must first electronically register as an Intervenor and file an Appearance with the court on or before February 01, 2021 and electronically send copies to the Town’s attorney at mdecker@dwmlaw.com.
The public is invited to attend the hearing remotely through the following means:
Computer (Webex) link: https://nhcourts.webex.com/nhcourts/j.php?MTID=m6e26034b3504b9cdbfe3f93ad700dbda
From a mobile device: +1-408-418-9388,,1797418124##
By phone: (408) 418-9388
For more information, please contact the Town Administrator at (603) 938-5900 or administrator@bradfordnh.org.
217-2021-CV-55 Summons Annotated Service
217-2021-CV-55 Affidavit Service
217-2021-CV-55 Petition Service
January 27, 2021 Notice: Selectman Freyler’s petition to Superior Court was filed this morning. See below: (These documents have been are superseded by the court documents above.)
2021-01-27 FILE STAMPED Petition to Appoint Selectman Pursuant to RSA 669:63
2021-01-27 FILE STAMPED Freyler Affidavit
January 26, 2021 Notice: Due to the resignation of Selectmen James and Allen on the evening of January 25, Selectman Freyler will petition the Superior Court, Merrimack County, pursuant to RSA 669:63 to make an appointment to fill Selectman James’s seat for the remainder of his term, until the Town is able to elect a new selectman at the 2021 annual town meeting to be held on or about the second Tuesday in March.
The petition to appoint a selectman will be posted here once it has been filed with the Superior Court. Also watch this space for notice of a court hearing, if any, to be scheduled on the petition.
After the anticipated court appointment, Selectmen Freyler and the appointee may act as a Board to determine the appropriate timing for the Select Board’s appointment of a replacement for Selectman Allen, whose term does not expire until 2022.
Per RSA 669:61, III, the Town cannot vote to fill Selectman Allen’s seat at the 2021 annual town meeting because the vacancy occurred after the start of the annual nomination filing period for town offices as defined in RSA 669:19. However, the Town is able to elect a replacement for Selectman James’s seat at the 2021 annual town meeting because his three-year term is expiring. Residents interested in running for this year’s open Select Board seat may file their candidacy with the Town Clerk until Friday, January 29.