| obtained a copy of the Current Contract by making a Right to Know request of the City per RSA 91-
A. Upon seeing the same illegal provisions in the Current Contract as were included in the initial
Contract, and beginning in September or October 2018, | informed Corporation Counsel in writing on
more than one occasion that the Current Contract again contained illegal provisions regarding the
impounding of cats as “strays”. Corporation Counsel has not responded to me through present
regarding the City’s entry into the Current Contract, so | have no explanation from the City why the
Current Contract again contains illegal provisions involving the illegal expenditure of public funds. Nor
has the Mayor responded or provided some explanation. As far as | am aware, the Current Contract still
contains provisions for impounding cats and ferrets as “strays”.
It is important for the Board and the Finance Committee to recognize that, in over a year’s time, the
City and Corporation Counsel have not provided me with a legal basis or legal justification why the City is
entitled to impound cats as “strays” and/or is legally entitled to enter into a contract for the purpose of
impounding cats as “strays”. | would submit that such justification has not been provided to me because
it does not exist; instead the City is legally prohibited under current, applicable law from impounding
cats (and ferrets) as “strays”.
Based on the foregoing, | am requesting that the Board and the Finance Committee consider the
information set forth in this letter, and decline to approve a new contract between the Humane Society
and the City, or between the City and any other third-party vendor, that provides for the impounding of
cats or ferrets by the City on the basis the cat or the ferret is a “stray” or is “running at large”. Again,
such purposes or actions are illegal and involve the illegal expenditure of public funds. If the Mayor
again presents a proposed contract to the Finance Committee with such illegal provisions, | would ask
that the Finance Committee vote not to approve the contract and instead should direct the Mayor and
his administration to amend the proposed contract so as to remove any and all illegal provisions
therefrom. Please note specifically that | am not requesting that the compensation paid to the
Humane Society or to any other vendor under the proposed contract be reduced, or otherwise
modified or changed.
| am happy to answer any questions that you, the Board or the Finance Committee may have. Thank
you very much for your consideration.
Sincerely, <7
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Gary Braun
8 Monza Road
Nashua NH 03064
(603) 321-1296
CC: Members of Board of Alderman
Encls.
