In Defense of Dissent: A Response to Alderman Thibeault’s Rebuttal

Alderman Derek Thibeault’s May 31, 2025 Union Leader op-ed response to my piece on the dangers of politicizing public input does more to affirm my concerns than refute them. In attempting to discredit me personally, rather than addressing the underlying issues I raised, he reinforces the troubling pattern of dismissing dissent that is taking root in Nashua’s government.

Let me start with facts. I am a citizen advocate and a pro se litigant who has worked doggedly to hold government accountable, particularly through the pursuit of transparency. I have fully or partially prevailed in four New Hampshire Supreme Court appeals. I received the 2023 Nackey Loeb First Amendment Award in recognition of my commitment to government transparency and public records access. I have faced down legal teams of five attorneys, with the City spending, in one case, more than half a million taxpayer dollars to defeat me. That’s not a personal vendetta, that’s a systemic effort to silence scrutiny.

I have actively supported legislative efforts and written legislation to strengthen New Hampshire’s Right-to-Know law and advocated and passed law that would make disciplinary records on municipal assessors publicly accessible when ethical canons are violated. Additionally, my persistent filing of professional conduct complaints against Nashua attorneys prompted a significant rule change by the New Hampshire Supreme Court. The Court eliminated the longstanding, draconian restriction that prevented complainants from speaking publicly about the misconduct of attorneys. Today, individuals can voice concerns about attorney behavior without fear of retribution, a meaningful step forward for transparency and accountability in our legal system.

In his Op-Ed, Alderman Thibeault attempts to downplay and reframe his statement calling residents “mayor haters.” But the intent and effect remain the same, labeling dissenters in a derogatory way that discourages public participation. Whether he calls it “a group who hate the mayor” or “mayor haters,” the rhetorical tactic is to marginalize and delegitimize citizen concerns. That’s precisely the point I raised in my op-ed.

He further claims I have filed lawsuits for personal reasons. What he fails to acknowledge is that many of those cases involved serious questions about public record access and government transparency, issues that should concern every resident, regardless of political affiliation. These cases were not “legal theatrics,” as he calls them, but constitutionally protected petitions to our courts. And contrary to his assertion, I have not lost “most” of them. On multiple occasions, the courts have agreed with me, including a Superior Court footnote stating:

“As the Court knows from this case and others involving these parties, the City and many of its high-ranking employees have: (1) effectively closed City Hall to Ms. Ortolano on a walk-in basis; (2) directed other employees not to interact with her on the phone or in person; (3) refused to answer Ms. Ortolano’s basic questions; and (4) had Ms. Ortolano arrested for trespassing at City Hall. One alderman has even gone so far as to label Ms. Ortolano a 'predator.'”

This is not democracy in action—it is targeted retaliation and institutional bullying.

Mr. Thibeault also criticizes my defamation lawsuit against Alderman Moran, without mentioning that I filed it after he publicly and falsely labeled me as predator, in reference to children, while invoking his professional title as a licensed social worker. That’s not a political squabble—it’s reputational harm of the highest order.

Mr. Thibeault tries to frame me as someone who “disrespects the process,” but in reality, I have demanded the process be followed. I’ve asked for the Ethics Committee to adopt fair procedures, honor basic due process rights, and invoke subpoena power to call witnesses. In fact, the Chair of the Ethics Review Committee, Attorney Tim Bush, stated “there's definitely some room for those rules to be tightened up, I'll say that.” When those processes are denied or changed midstream, it is not me who has undermined the process, but the city officials responsible for ensuring its fairness.

Let us not forget: civic participation does not mean silent submission. It means showing up, asking tough questions, demanding transparency, and yes, taking legal action when necessary. If our officials fear accountability so much that they resort to smearing critics instead of engaging on the merits, then we have a deeper problem.

What Alderman Thibeault’s response proves is that there is still no room in City Hall for inconvenient voices. He didn’t rebut my concerns, he validated them. And that should concern every Nashua resident who values open government.