Politics & Government
Ousted President Files Suit Against Nashua Historical Society
Terry Romano, in limbo since removed from office in April, will have her day in court.
After months of upheaval and internal disarray, a dispute at the Nashua Historical Society has spilled over into the court system. Ousted president Terry Romano is now asking a Superior Court judge to decide if she was illegally removed from office by the Society's board.
The Petition for Declaratory Legal Relief was filed with Hillsborough County Superior Court on Sept. 25 by Romano and 16 other plaintiffs, all members of the city's historical society.
According to her attorney, Francis Murphy, Romano simply wants an answer to the lingering question of whether the board illegally removed her from office in April of 2013, based on the organization's bylaws, and Roberts Rules of Order.
Romano was elected in 2012 to a two-year term by 90 percent of votes cast by NHS members. She was ousted in April of 2013 by the board and officers by a vote of 16-1, who did so in confidence during an executive session.
What led to that, Romano believes, was a conspiracy of sorts in reaction to many of her initiatives, including a series of President's luncheons and other fundraisers meant to reinvigorate the Society with new members and more revenue.
She also began to ask for authority to look over the membership rolls and inquire as to how the Society's artifacts were catalogued and stored, and millions in assets being handled.
In an exclusive interview with Nashua Patch back in May, Romano said she had heard "from more than several people," that the artifacts weren't being protected properly.
In the meantime, another matter that arose a few weeks after she was elected, over the cutting of a century-old tree on the Abbot-Spaulding House property, became a smokescreen for her "incompetence," according to Romano, even though she had little if anything to do with the decision.
"The contract had already been drawn up and OK'd by the museum groundskeeper and former sitting president," Romano said. "This was in motion before I became president. Suddenly, I'm to blame."
After the meeting in April of 2013 during which Romano was ousted, Terry Knowles, Asst. Director of the state Attorney General's Charitable Trust Unit, sent a letter to the Society board. She cited "a number of allegations regarding governance issues" and the board's "conduct in managing assets" that had been filed, and asked for the Society's cooperation in an investigation.
One of those complaints came from Mayor Donnalee Lozeau, who had been in attendance at some of the meetings, and who witnessed enough contention to feel an intervention from the Attorney General's office was in order.
"I just felt it was time for outside intervention, and that falls under the jurisdiction of the AG's Charitable Trust Unit," Lozeau said. "So I reached out to them to request they look into it."
Around the same time, Nashua Police Lt. Michael Moushegian confirmed that a report was made to police about some alleged mishandling of assets, which was referred to AG's office.
"We're not doing an investigation, but if the AG's office requests it, we'll look into it," Moushegian said.
When contacted by Nashua Patch in June, acting Society president Cecile Renzi said that she preferred not to comment until after the Attorney General's determination was completed.Romano had also been waiting for the Attorney General's office to weigh in about her status. However, she recently learned that lead investigator for the Charitable Trust Unit, Director Anthony Blenkensop, has left the AG's office.
Romano felt it was a signal to take the next logical step, which was to let the court decide the matter, according to her attorney.
Murphy said he was told that the Attorney General's office will not be resolving the question of whether Romano was illegally removed from office. They will, however, render a decision on how assets and artifacts have been handled, Murphy said.
"Here's what is driving the timing on this suit. One, the AG's office is not going to be ruling on whether the board had the authority to remove Terry, and that's the fundamental question to be answered. Two, there is a board meeting a week from tomorrow, and if all this comes before the Historical Society Board of Directors next Tuesday, then maybe we can move this to a quicker resolution," Murphy said.
"It's a simple legal question. We're not casting aspersions, just asking that a simple legal question be answered: Was she illegally removed from her duly-elected position as president?" Murphy said.
Joining Romano on the suit as plaintiffs are: Kenneth Brunini, Robert Carlson, Michael Coppola, Elizabeth Foemmel, Richard Foemmel, Nancy Garceau, Diane LaRe, Mike LoRe, Susan McNamee, Tracy Pappas, Gene Porter, Marianna Rosato, Leslie Sanderson, Mary Slivinski Marilyn Spence and Wayne Spence.
"If the court rules in our favor, then we want the court to rule Terry as reinstated. The second part is that we want a permanent injunction to keep the board from interfering with Terry exercising her authority. One year of her term is already gone. If it takes a slow course, the question could be moot," Murphy said.
Among the paperwork filed on Romano's behalf is Exhibit 4, a statement by one of the editor's of "Roberts Rules of Order," who sides with Romano and her camp.
In a document attached to the court paperwork, Thomas Balch, of Virginia, a professional registered parliamentarian and one of the "Roberts Rules" editors, said based on his reading of the NHS bylaws and "Roberts Rules," the only way an elected president can be removed is by a vote of the membership.
The short answer, writes Balch, is, ..."because the President, like other officers, was elected by the membership, a motion to remove the President from office is valid only at a membership meeting, and not at a meeting of the Board of Directors."
Murphy said he obtained Balch's opinion back in May in an effort to assist the Attorney General in making a determination, and included it because he believes it's uniquely compelling.
He said he would hope Romano will have her day in court sometime in November.
When asked back in May why she doesn't just walk away, Romano said she believes all of this has happened to help "return the Historical Society to the people of Nashua after years of being a closed organization."
"I am protecting the artifacts – the Speare family and other people in Nashua built the Speare Memorial Building, the administrative building and the museum. People of Nashua have given their artifacts over, and they still do, and I feel by destiny I was ordained to be there, to do this," Romano said. "I have a missionary spirit about it, about bringing it back to the people of Nashua. No one has managed to do that, so far, and even though it's been a battle royale, if I weren't a person of deep personal faith – and without my great friends – I couldn't have survived it."
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