Democracy-Defying Conduct by Small Town Selectboard
Documents below show years of threats, misrepresentations and other democracy-defying misconduct by the Middlesex Selectboard toward families on “Class 4” roads … particularly 5 families along a .3mile section and also a young woman living on a .2mile Class 4 road. In addition to dangerous conditions year-round, the families are throughout much of the year denied access from fire, ambulance, and other emergency vehicles. The barrier is not budget, as the Town spent >$8M in 2023 & 2024 alone on roads that were already far better than the .3mile (and often made them far better than they were before receipt of the FEMA funds meant solely to recover from extreme flooding). Board Members three times threatened families who dared to object (first to the road conditions and then the threats), and Members made several misleading and/or outright false statements in what appears to be retaliation.
One threat (2022) came from a Board Member & Road Foreman (VD) after a then-new resident asking that the .3 section be graded because it was simply unsafe. VD aggressively asked how long the resident had lived there; whether he was “associated with” another of the 5 residents (MH); and said he might turn the road into a mere trail. When told of the threat, MH reported it to the Board’s then-Chair (PH) and, to ensure care of the road, asked that the .3 be upgraded to the same as for every other home that could be so easily reached. After PH did nothing, MH requested a public hearing, where the new resident reported the direct threat only to have the Board respond by refusing even to consider the matter. 3 Members responded with statements that were knowingly false: LS & RD described the request as equivalent to their asking for their driveways to be maintained; and PH denied a confirmed-in-writing assurance he’d given to support the upgrade if all 5 families Petitioned for it (which they had, relying on PH’s assurance). The 5th Board Member was absent, and, as noted, the Board voted not to even consider the request.
As noted, over the next 2 years, the Board spent over $8M on other roads, including $686K on Board Member’s that was already better than Petitioners’. Ironically, the Board fired that Member from his position as Road Foreman in June 2024 for reasons they promised to disclose never did. In March 2026 and only pursuant to a FOIA request, the Board disclosed another threat by the Foreman (this one violent and profance). Still, however, the Board continued to mislead, conceal, and even threaten in a clear case of unequal treatment as specifically prohibited by the VT Supreme Court in a 2012 decision that also involved a Board’s discrimination against a Class 4 road resident.
In a Nov. 2025 Survey issued to all voters ahead of an election where three Members were running for re-election, one of the Members co-chaired a Survey saying there are “over 9 miles of Class 4 roads” with average upgrade cost of $300K/mile, and asked if voters would be willing to be taxed $200-$300 per year to upgrade them. At least 7 of those “roads” are mere trails with no homes along them and for which no-one had ever sought an upgrade. Not disclosed is that the actual length of upgrade needed to serve all Class 4 families who have ever requested an upgrade appears closer to 1 mile and to cost than half of the $686K spent just on VD’s already-better road.
In Jan. 2026, MH reminded Town Counsel of the 2012 VT Supreme Ct. decision. MH offered to resolve the matter by his paying for the upgrade of the first .2miles (to help at least 2 of the families) if the Town would upgrade the next .1 to help the final 3 families, but Counsel responded he lacked authority even to discuss settlement even if made expressly subject to later client approval. When MH later tried to negotiate with the full Board at a public hearing and mentioned the 2012 decision, Member ZV said she would “happily countersue” MH based on alleged false statements that she refused to identify.
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Supporting Documents and Laws: To allow easy access for anyone seeking detail or proof on what’s above, relevant documents are linked below:
2015: Board approves upgrade at Town’s expense of .4mile section of VD’s road (along land owned by VD), expressly rejecting concerns of precedent-setting (saying that .4mile was too small to set a precedent).
2019: MH offers to pay for upgrade of the first .1mile (the opening hill, which often prevents ingress/egress to all 5 driveways). Offer not accepted (and would not be unless MH obtained signatures of at least 5% of Town in support).
2021: MH offers Town to use 200 acres of his land for publicly-accessible trails.
2022-08: VD threatens new resident that he might turn .3mile into a trail, and MH privately reports threat to Chair PH. After PH does nothing, MH publicly requests upgrade of entire .3mile. Bd. rejects request in Sept. Hearing (PW: @SvK9KLx), citing risk of precedent without disclosing that it had expressly rejected that concern when it when it upgraded VD’s road in 2015. PH says adds that request should come from all 5 families and later says he’ll support it if all 5 Petition, and PH suggests roadside meeting to discuss. Though all 5 families do Petition and 3 agree to attend the meeting, Chair cancels meeting alleging legal restrictions that he he never identified despite requests.
2022-10 Hearing (PW: IK*kv2fE): VD’s threat is reported by new resident. Members LS and RD equate the upgrade request to asking that their private driveways or road be plowed, and PH denies his prior assurance of support if all 5 families Petitioned. Bd. refuses to even consider request, and LS says denial relates to MH having moved “immediately into lawyer-mode,” ignoring that MH had for 3 years offered to pay for .1 mile of upgrade before mentioning legal issues and did so only after the 2022 threat.
2024-01 VTD article says Town had already spent 3x its annual budget just on some of the roads. Spreadsheet reveals >$8M spent in 2023 & 2024 alone.
2024-06 Bd. fires VD as Road Foreman in secret session. Without explanation, ZV abstains and VD is allowed to vote on his own firing (leaving him just one vote shy of remaining). Board says it will provide public explanation but never does.
2024-08: Photos show .3mile degradation to where it is worse than all other thru-roads, all other Class 4 roads, and even a trail; ZV prohibits the families from repairing the .3mile themselves.
2025-11 Town Survey misleadingly says Town has >9 miles of Class 4 roads that would cost approximately $300K/mile ($2.7M total) to upgrade, and asks residents if they are willing to pay $200-$300 more per year in taxes to upgrade. Fails to mention that the vast majority of the 9 miles are mere trails with no homes and for which no-one ever had requested upgrade. Also fails to mention that upgrading for all families that needed it for Emergency Vehicle access it would likely be less than 1 mile and cost less than half what Board had spent just on VD’s already-better road just in 2023 & 2024.
2026-01-04 MH Ltr. to Board & Town’s Energy & Budget Committees wrt (1) Bd. Chair’s rejection of Dec. 29 request; (2) Budget; (3) Climate; (4) RPC 3.1; (5) settlement of discrimination claim)
2026-01-08: MH expands his 2019 offer to pay for .1mile upgrade to .2miles (helping 2 of the 5 families) if Town will pay for final .1mile (to help final 3 families). Town Counsel says he lacks authority even to discuss settlement.
2026-01-13: Emails to/from Town re problems related to “Road Closed” signs within .3mile section.
2026-01-20 Hearing. New Board Members LR and SS make and second motion to consider .3mile request. Chair LS repeats her 2022 analogy of request to one for her private road. Member ZV threatens to use Town Counsel to sue resident MH for allegedly false statements but does not identify the statements despite several requests that she do so. Bd. postpones consideration of even whether to consider the .3mile upgrade.
2026-02-02 MH writes Town Counsel objecting to Member ZV’s Jan. 20 slander and threat; asks again that she identify the basis; and asks for her recusal. Also asks for Map highlighted by ZV or PC showing what they identify as the “over 9 miles of Class 4 roads” referenced in the Survey. Board ignores requests.
2026-02-03 Bd. again rejects consideration of .3mile request … saying it will do so only in April and only if combined with a longer (.5mile) and far more expensive section. Gives no reason: (1) why in 2023 and 2024 they’d spent nothing at all on the .5mile and virtually nothing on the .3mile sections while spending $8M on already-better roads; (2) why the could not consider the .3mile alone (or the .3mile and longer section separately); or (3) why Counsel lacks authority even to discuss settlement.
2026-02-04, Town certifies to State that it has 9.36 miles of Class 4 Roads. Because at least 7 miles of the 9.36 are mere trails, unclear how Town squares 9.36 number with Town’s obligations to the State under 19 VSA 304 & 952 (requiring Board to maintain all Class 4 roads).
2026-02-07 Ignoring request for her recusal (following her Jan. 20 threat and defamation), ZV announces spending more on other roads with fewer homes and lesser needs, and still more on VD’s road, with no discussion as to why these needs were greater than the .3mile.
2026-02-13 PRA/FOIA for Map and other matters. 10 requests total.
2026-02-26 email insisting that Town providing FOIA responses (or Map) prior to March 3 election as a matter of democracy (election interference) as well as law.
2026-03-07 MH email re (1) incomplete FOIA responses; (2) defamation by ZV; (3) 7 new FOIAs; more.
2026-04-16 MH note to MDX Road Committee (in lieu of being able to speak at meeting)
2026-05-01 (1919pm) MH-to-RH (1) PRA extension ok’d; (2) settlement proposal, Revised
Rhodes_v_Georgia (VT Supreme Court, 2012) (Vermont Constitution prohibits discrimination in Town road decisions; $830K (plus attorneys fee) award remanded for adjustment but consistent with VT’s values forbidding discrimination)
ABA & VBA Guidelines re. attorneys’ civility & settlement obligations.
19 VSA 301, 304, 952 (re. maintenance of Class 4 roads, etc., hghltd
19 VSA 708 (re upgrading from 4 to 3 … public good 1 factor, and does not trump the VT Constitution), hghltd 2026-04-20
Middlesex Class 4 Policy (including Culverts),hghltd
1 VSA 318 (VT Public Records Act).