Misrepresentation and other Democracy-Defying Conduct by Middlesex 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. In addition to dangerous conditions year-round, the families are throughout much of the winter denied access from fire, ambulance, and other emergency vehicles, and not because of budget: The Town spent >$8M in FEMA flood and other funds on roads that were already far better than the .3mile and often making them far better than they were even pre-flood. Board Members have threatened families who objected (first to their road degradation and then to the threats) and made several false and misleading statements in what appears to be cronyism and retaliation for the objections/reporting.

The first threat came in 2022, from Board Member VD, and was prompted by a then-new resident asking that the .3mile section be graded because it was unsafe even for his children to ride their bicycles. VD aggressively asked how long the resident had lived there and whether he was “associated with” another of the .3mile residents, and he threatened to turn the road into a trail if the residents were not satisfied with its condition. When told of the threat, the other resident — MH, who had in 2019 offered to pay to upgrade the first .1mile — reported the threat to Board Chair PH and asked that the entire .3mile section be upgraded. When PH did nothing, MH requested a Board hearing and, in that hearing, the immediately-threatened resident reported the threat to the full Board only to have them refuse even to consider it. 3 Board Members made demonstrably false statements: LS & RD described the request as equivalent to their asking for their driveways or private road to be plowed; and PH denied his confirmed-in-writing assurance that he’d support the upgrade as long as all 5 families Petitioned for it (which they had, relying on PH’s assurance). Consistent with his threat, VD voted against even considering the request, and the 5th Board Member was absent.

Over the next 2 years (2023 & 2024), the Board spent over $8M in FEMA dollars on other roads, including $686K on VD’s despite that it was already better than the .3mile. Ironically, during this period (June 2024) the Board fired VD from his concurrently-served position as Road Foreman for reasons that were promised to be disclosed but have not been despite “FOIA” requests. Still, however — and perhaps in defense of other Members’ 2022-2024 dishonest defense of VD — the Board continues to threaten, mislead, and discriminate.

In a Nov. 2025 Survey issued to all voters ahead of a Town Meeting and election where LS and two Members (ZV and PC) were running for re-election, the Town misleadingly said 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. The actual length of upgrade needed to serve all Class 4 families who had ever requested an upgrade is closer to 1 mile and would likely cost than half of the FEMA $686K spent to make VD’s already-better road far better than it had ever been.

In Jan. 2026, MH (who is a VT-licensed attorney) wrote Town Counsel that, under a 2012 VT Supreme Ct. decision, the Board cannot treat the .3mile residents worse than others similarly situated. MH tried to resolve the matter by doubling his 2019 offer and offered to pay for the upgrade of .2mile (to help 2 of the 5 families) if the Town would upgrade the next .1mile for the final 3 families. With no explanation, Town Counsel responded he lacked any authority even to discuss ‍settlement without the Board, and when MH then tried to negotiate with the Board and cited the 2012 decision, Member ZV said she would “happily countersue” MH based on what she said were false statements he’d made (but she refused and still refuses to identify, despite requests).

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Supporting Documents and Laws: To allow easy review for anyone questioning or otherwise wanting more detail on what’s above, relevant factual documents and law 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.

2026-01-08:‍ ‍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 PC misleadingly states that he “lives on a Class 4 road” and thus “understands the struggles” of Class 4 without disclosing that his section is only a few yards long and functions as a private driveway for him. 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.

LAW

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.