By NANCY WEST, InDepthNH.org
CONCORD – A letter from House Speaker Sherman Packard’s office told House members what happened in the investigation into former Republican Rep. Troy Merner’s domicile that led to Merner’s resignation and arrest, but never mentions Packard’s name, referring only to what was done by the “Speaker’s Office.” See letter obtained by InDepthNH.org at the end of this story.
The Speaker’s Office learned before the last session began that Merner was being investigated for moving out of his Lancaster District, but took no action until after a second complaint four months later after the session ended because it was thought the investigation was ongoing.
In the meantime, Merner voted on many bills in a House that was almost evenly divided between Democrats and Republicans, with Republicans having a razor thin majority. Merner’s House vote killed at least one bill that would have brought the school voucher program under the administration of the Department of Education.
The letter to “Honorable Members of the General Court” dated Dec. 4 is titled “Information Concerning the Actions Taken by the Speaker’s Office in Relation to the Investigation Into Troy E. Merner.”
The letter explained how the COO of the General Court (Terry Pfaff) received a call and an email from the Department of Justice on Dec. 6, 2022, but the Speaker’s Office took no action because it indicated the attorney general’s investigation was still ongoing.
“The email correspondence provided details into the NHDOJ’s investigation up to that point, which had yet to draw a conclusion concerning whether Mr. Merner’s claimed domicile in Lancaster was consistent with New Hampshire law. At that time, the NHDOJ’s investigation was ongoing,” the letter said.
Paul Twomey, the attorney representing two former state senators – Peter Burling and Mark Hounsell – who have filed right-to-know requests trying to find out who knew what when about Merner moving out of his Lancaster district before the session started, said the letter to House members left out a lot.
Burling said: “This memo provides cover for the Speaker, nothing else.”
The letter to House members still doesn’t say what was included in the Dec. 6, 2022, email from the DOJ, didn’t say why Democrats were not notified and why the matter wasn’t referred to a committee as has happened in the past, Twomey said.
The letter said when the Speaker’s Office first heard from the Attorney General’s Office on Dec. 6, 2022, an inquiry to Merner was made.
“In response, Mr. Merner explained that he was in a period of transition but was properly domiciled in Lancaster, where he maintained a rented residence and planned to move into another house,” the letter said.
The letter said the Speaker’s Office learned in September of this year that the attorney general’s investigation was completed.
“At that time, the Speaker’s Office took immediate action to ensure that Mr. Merner vacated his seat. Mr. Merner voluntarily resigned. Had he refused to vacate his seat, a formal removal process would have been initiated,” the letter said.
The letter also raises questions with the affidavit for Merner’s arrest, which provided the first time the public learned there had been a previous complaint against Merner relative to moving out of district before the letter Sept. 18 from the Attorney General’s Office. The affidavit can be read by clicking here: https://indepthnh.org/wp-content/uploads/2023/11/merner-affidavit-signed.pdf
“On Dec. 6, 2022, Deputy General Counsel Myles Matteson and Associate Attorney General Anne Edwards had a phone conversation with Terry Pfaff, the chief operating officer of the General Court regarding the complaint received and investigation into state Rep. Merner’s domicile,” the affidavit said.
Matteson memorialized the conversation in an email to Pfaff that day including a summary of facts known regarding Merner’s residency in Carroll, but the affidavit provided no further details.
The Attorney General’s Office and the Speaker’s Office have refused to make the Dec. 6, 2022 memo public.
A Democratic state Rep. told InDepthNH.org that Merner told her after the matter became public that someone in House leadership suggested Merner stay in the House despite having moved out of district, contrary to the state Constitution requirement.
Merner, 63, who now lives in Carroll has been arrested and charged with one class B felony count of wrongful voting, and misdemeanor charges of theft by deception, unsworn falsification and tampering with public records. Merner will be arraigned Dec. 28 in Coos County Superior Court.
The letter to House members Monday concluded: “I am hopeful that this correspondence will provide you with some insight into the reasonable approach that the Speaker’s Office took in relation to this important matter. The integrity of the New Hampshire General Court is paramount to our representative form of government.”
Letter to NH House members Dec. 4, 2023
Representatives
Office of the Speaker
107 North Main Street Concord, NH 03301-4988
Dear Honorable Members of the General Court:
This communication is intended to provide you with information concerning the actions taken by the Speaker’s Office in relation to the investigation into Troy E. Merner, which ultimately led to his recent arrest.
On December 6, 2022, the General Court Chief Operating Officer received a phone call followed by email correspondence from the New Hampshire Department of Justice (“NHDOJ”) concerning an investigation into then Representative Merner’s domicile. The email correspondence provided detail into the NHDOJ’s investigation up to that point, which had yet to draw a conclusion concerning whether Mr. Merner’s claimed domicile in Lancaster was consistent with New Hampshire law. At that time, the NHDOJ’s investigation was ongoing.
Upon learning of the NHDOJ’s communication, the Speaker’s Office reviewed the facts of the matter known at that time and made inquiry to Mr. Merner concerning his domicile. In response, Mr. Merner explained that he was in a period of transition but was properly domiciled in Lancaster, where he maintained a rented residence and planned to move into another house. Because domicile is largely determined by the intention of the individual, the Speaker’s Office did not have enough information at that point, prior to the NHDOJ investigation concluding, to determine whether Mr. Merner was properly maintaining domicile in Lancaster. At all times relevant, Mr. Merner made continual assertions and attestations both verbally and in documents that his domicile was in Lancaster. Additionally, he continued as chair of the Lancaster Board of Selectmen.
New Hampshire’s history of determining the domicile question, such as in the adjudication of Representative Anne Grassie’s domicile in 2012 and 2013, led to no clear answer concerning Mr. Merner’s domicile based upon the facts known at that time. For that reason, no further immediate action was taken by the Speaker’s Office pending a determination by the NHDOJ.
In September of 2023, the Speaker’s Office learned that the NHDOJ had concluded Mr. Merner was not properly domiciled in Lancaster. At that time, the Speaker’s Office took immediate action to ensure that Mr. Merner vacated his seat. Mr. Merner voluntarily resigned. Had he refused to vacate his seat, a formal removal process would have been initiated.
I am hopeful that this correspondence will provide you with some insight into the reasonable approach that the Speaker’s Office took in relation to this important matter. The integrity of the New Hampshire General Court is paramount to our representative form of government.
