Case 1:11-cv-00358-SM Document 50-2

Filed 09/23/11 Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE **************************************** Dartmouth-Hitchcock Clinic and Mary * Hitchcock Memorial Hospital * d/b/a Dartmouth-Hitchcock, et al., * Plaintiff * * v. * Nicholas A. Toumpas, in his official capacity * as Commissioner of the New Hampshire * Department of Health and Human Services, * Defendant * * * ****************************************

11-cv-358-SM

AFFIDAVIT OF JEFFRY PATTISON IN SUPPORT OF THE DEFENDANTS OBJECTION TO MOTION FOR PRELIMINARY INJUNCTION I, Jeffry Pattison declare as follows: 1. I am currently employed by the New Hampshire General Court as the Legislative

Budget Assistant. I was first appointed to this position by the Joint Fiscal Committee in December 2008. Prior to that time I had been the Deputy Legislative Budget Assistant since September 1999. I first started with the Legislative Budget Assistant in January 1983. The legislative budget assistant is appointed by the joint legislative fiscal committee prior to the beginning of each regular session of the legislature, and is responsible for the proper execution of the respective functions of the audit and budget divisions. My office is also commonly referred to as the Legislative Budget Assistant or LBA. The following facts are based on my personal knowledge and understanding. 2. Part of the duties of the LBA budget division include responsibility for providing

technical staff assistance in the areas of finance, accounting, and budgeting. The LBA staff provides support to the Fiscal Committee, the House Finance Committee, the Senate Finance

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Committee, the Senate Ways and Means Committee, the Senate Capital Budget Committee, the Capital Budget Overview Committee, and the Long Range Capital Planning and Utilization Committee. 3. Part of the LBA support for the Fiscal Committee includes insuring that notices of

the meetings are sent to the House and Senate calendars for publication, as well as publishing the detailed agenda, which includes a short description of each fiscal committee item, on a website maintained by my office. Minutes of the actions taken are also published on the LBA website after they are finalized by the Fiscal Committee. The website publication has been the LBAs routine process since 2005 when the website publication was started and at that time the agendas back 2003 to the present and minutes from 2002 to the present were added to the online database. All of these documents remain available on the LBA website after they are initially published. 4. meetings. 5. The agenda for the Joint Legislative Fiscal Committee is published on the LBA My office also arranges for and maintains transcripts of all the fiscal committee

website, http://gencourt.state.nh.us/lba/fiscal.html, usually a full week to 5 days in advance of the fiscal committee meeting. On the rare occasion when for technical reasons there has been a delay in posting on the website, to my knowledge the agenda has always still been posted before the day of the meeting. I cannot recall any occasions when advance posting did not occur. 6. Even if for technical reasons posting on the website is delayed until the beginning

of the next week, a package with paper copies is hand delivered to the press room in the Capitol Building.

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7.

The Fiscal Committee meetings are open to the public. Additionally, the

membership of the Fiscal Committee is published and the opportunity to contact or submit written comment directly to the legislators always exists. 8. Attached hereto as Exh. JP-1 is a true and correct copy of the agenda of the fiscal

committee for July 20, 2005 that was published on the LBA website. 9. Attached hereto as Exh. JP-2 is a true and correct copy of the minutes of the actions

of the fiscal committee for July 20, 2005 published on the LBA website. 10. Attached hereto as Exh. JP-3 is a true and correct copy of the agenda of the fiscal

committee for April 19, 2007 that was published on the LBA website. 11. Attached hereto as Exh. JP-4 is a true and correct copy of the minutes of the actions

of the fiscal committee for April 19, 2007 published on the LBA website. 12. Attached hereto as Exh. JP-5 is a true and correct copy of the agenda of the fiscal

committee for April 29, 2008 that was published on the LBA website. 13. Attached hereto as Exh. JP-6 is a true and correct partial copy of the transcript of

the fiscal committee meeting on April 29, 2008. 14. Attached hereto as Exh. JP-7 is a true and correct copy of the minutes of the actions

of the fiscal committee for April 29, 2008 published on the LBA website. 15. Attached hereto as Exh. JP-8 is a true and correct copy of the agenda of the fiscal

committee for November 21, 2008 that was published on the LBA website. 16. Attached hereto as Exh. JP-9 is a true and correct copy of the minutes of the actions

of the fiscal committee for November 21, 2008 published on the LBA website. 17. When the Governor determines he must act by executive order in an emergency

situation which requires fiscal committee approval he/she has generally submitted a proposed

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executive order and sometimes correspondence regarding the reasons for the reqeusted action, often immediately before the next fiscal committee meeting. These matters are added to the meeting, although they do not generally appear on the agenda. However the action of the fiscal committee on the item is reflected in the minutes, which are published and the hearing is open to the public. 18. On Nov. 21, 2008 Governor Lynch presented two emergency executive orders to

the fiscal committee for approval that were necessary to address an estimated remaining $150 million revenue shortfall for FY 2009. These were submitted with a cover letter dated 11/21/2008, a copy of which is attached as Exh. JP-10. The true and correct copies of the proposed executive orders, 2008-10 and 2008-11 that were provided to the fiscal committee are attached as Exh. JP-11 and 12. 19. Attached hereto as Exh. JP-13 is a true and correct copy of the agenda of the fiscal

committee for February 5, 2010 that was published on the LBA website. 20. Attached hereto as Exh. JP-14 is a true and correct copy of the minutes of the fiscal

committee for February 5, 2010 that was published on the LBA website. 21. Attached hereto as Exh. JP-15 is a true and correct partial copy of the transcript of

the fiscal committee for February 5, 2010. 22. I declare under penalty of perjury that the foregoing is true and correct to the best

of my personal knowledge and the information available to me. Dated: September 22, 2001

/s/ Jeffry Pattison Jeffry Pattison