New Hampshire Town and City Magazine - July/August 2020 by New Hampshire Municipal Association

July/August 2020

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Understanding Federal Funding for COVID-19..........................................10 The Importance of Continuity of Operations Planning...........................14 Donâ&#x20AC;&#x2DC;t Go It Alone: How Public-Private Partnerships Power Local Government Innovation.......................................................................18 Reopening Libraries During the Pandemic.................................................23 Londonderry Town Hall Plan to Re-Open to the Public...........................26

We’re committed to staying connected. Our commitment to our communities remains steadfast as we help build and rebuild the transforming world around us. We’re with you all the way. New Hampshire Public Deposit Investment Pool (NHPDIP or the Pool) has been providing New Hampshire public entities with professional investment services since 1993. The Pool is designed to meet the distinctive investment needs of cities, towns, school districts, and other political subdivisions, focusing on safety, liquidity, and a competitive yield.

nhpdip.com This for further further distribution distributiontotoretail retailinvestors, investors,and anddoes does Thisinformation informationisisfor for institutional institutional investor use only, not for not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Pool’s investment objectives, risks, charges and expenses before investing in the Pool. should consider the Pool’s investment objectives, risks, and expenses before Statement, investing inwhich the Pool. This and other information about the Pool is available in charges the Pool’s current Information should readinformation carefully before of theinPool’s Information may be obtained by This andbe other aboutinvesting. the Pool A is copy available the Pool’s currentStatement Information Statement, which calling 1-844-464-7347 or is available on the NHPDIP website at www.nhpdip.com. While the Pool seeks should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing in the Pool. calling 1-844-464-7347 or is onor the NHPDIP website at www.nhpdip.com. WhileCorporation the Pool seeks An investment in the Pool is available not insured guaranteed by the Federal Deposit Insurance any other agency. Shares of the areit distributed Fund Distributors, Inc., toormaintain a government stable net asset value of $1.00 perPool share, is possibleby to PFM lose money investing in the Pool. member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset orManagement any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., LLC. member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC.

Contents Table of

Volume LXIII • Number 4

July/August 2020

3 A Message from NHMA’s Executive Director 5 Happenings 9 Upcoming Events 30 Tech Insights: What Does a Long-Term Remote Work Strategy Look Like 32 Legal Q&A: Money, Money, Money 36 The HR Report: Workplace Safety in the COVID-19 Era 38 NHARPC: Regional Planning in a Time of Crisis 40 NLC: COVID-19 – Please Contact New Hampshire’s Congressional Delegation 42 Court Update 44 This Moment in History 44 Name That City or Town

Understanding Federal Funding for COVID-19

The Importance of Continuity of Operations Planning

Don’t Go It Alone: How Public-Private Partnerships Power Local Government Innovation

Reopening Libraries During the Pandemic

Londonderry Town Hall Plan to Re-Open to the Public

Centerspread: COVID-19 TIMELINE

Cover: A compilation of city and town halls and offices across New Hampshire. We are all in this together!

New Hampshire Town and City Magazine Staff Executive Director Editor in Chief

Margaret M.L. Byrnes Timothy W. Fortier

Contributing Editor Margaret M.L. Byrnes Becky Benvenuti Natch Greyes Production/Design

Evans Printing Co.

Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. Individual copies are $10.00 each. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301. NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2020 New Hampshire Municipal Association

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

New Hampshire Municipal Association

B OA R D O F D I R E C TO R S

As of March, 2019

Shaun Mulholland - Chair City Manager, Lebanon

Jim Maggiore - Vice Chair Selectman, North Hampton

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Rick Hiland - Secretary Selectman, Albany

Laura Buono Town Administrator, Hillsborough

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Conservation Commission, Holderness

Shelagh Connelly

Phil Dâ&#x20AC;&#x2122;Avanza Planning Board, Goffstown

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Manager, Newmarket

Elizabeth Fox Asst. City Manager, HR Director, Keene

Meredith Hatfield Councilor, Concord

Bill Herman Town Administrator, Auburn

Neil Irvine Selectman, New Hampton

Pamela Laflamme Community Development Director, Berlin

Cheryl Lindner Chief of Staff, Nashua

Patrick Long Alderman, Manchester

Harold Lynde Selectman, Pelham

Conner MacIver Town Administrator, Barrington

Judie Milner City Manager, Franklin

Donna Nashawaty Town Manager, Sunapee

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

MUNICIPAL ENGINEERING Supporting NH Municipalities Since 1962

TRANSPORTATION

A Message from the

Executive Director

Roads, Bridges, Sidewalks, Traffic, Airports

SITE DEVELOPMENT Civil/Site, Stormwater, Survey, Permitting

NATURAL RESOURCES Wetlands, Dams, River Restoration

WATER/WASTEWATER Collection, Treatment, Storage, Distribution

FACILITIES

Mechanical, Electrical, and Structural Engineering

Bedford 603-637-1043 Laconia 603-524-1166

www.dubois-king.com

certified public accountants

experience counts We know New Hampshire governments. Your needs come first at Vachon Clukay & Company, PC, so we’ve structured ourselves to fulfill all of your service needs.We provide the following services: Auditing Accounting Support and Training Advising Personalized “Team” Service Expertise in How Your Organization Operates Computerized Forms Operational Management Studies

We want want to to be part of your We your team. team. For contact: For personal attention contact: Robert L. Vachon, CPA CPA Jarad Vartanian, 608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com

www.nhmunicipal.org

NHMA Margaret M.L.Byrnes

Stronger than Ever You have risen to the challenge. Through these uncertain, challenging, and difficult times, municipal officials and employees have continuously adjusted to the constantly evolving circumstances, operating local government effectively and with innovation. All of us at NHMA are impressed and grateful for your diligence and resilience as we continue to march on. We also thank you for your membership. NHMA’s advocacy, education, and training has never been more critical. We are working hard to respond to, identify, and address your needs, through legal services, legal guidance documents, and advocacy with the governor’s office and other state officials. And rather than decreasing training events due to the restrictions on gatherings and the Stay at Home Order, NHMA staff have shifted to virtual training platforms, to bring even more training opportunities to our members. Can’t attend a virtual workshop or webinar? Our membership benefits now include the ability to watch recorded webinars and workshops, and to download workshop and webinar materials on our website. All you need is your member login; contact us if you need assistance! In fact, despite the circumstances, NHMA is stronger than ever. Through the darkness, a bright spot: NHMA Membership is now 100%. All 234 cities and towns are NHMA members, along with Warmest regards, many village districts, counties, and regional planning commission Margaret M.L. Byrnes, associate members. NHMA Executive Director

On behalf of everyone at NHMA—Thank you!

J U LY / A U G U S T 2 0 2 0

Drummond Woodsum WELCOMES Two Attorneys

HariNarayan (Huddy) Grandy

Steven M. Whitley

We have ALL the tools to meet your needs. Drummond Woodsum’s attorneys are experienced at guiding towns, cities, counties and local governments through a variety of issues including: • • • • • • •

Municipal bonds and public finance Land use planning, zoning and enforcement Ordinance drafting Tax abatement General municipal matters Municipal employment and labor matters Litigation and appeals

We use a team approach – small groups of highly specialized attorneys that work together to offer clients the counsel and support they need, precisely when they need it. It’s an efficient way to practice law. It’s also extremely productive and cost effective for our clients. Learn more about what our municipal group can do for you at dwmlaw.com.

dwmlaw.com | 800.727.1941 Manchester, Portsmouth & Lebanon, NH

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

HAPPENINGS Training Resources Now Available by “Topic” New Section, Training Resources by Topic, Now Located Under Resources and Publications Tab

NHMA recently added a new feature to our website that allows members to retrieve and download training resources, including handouts, video recordings, presentations and publications from our educational workshops.

The following training resources (see below) are available to all NHMA members and address a variety of topics, ranging from Right-to-Know law, elections, land use issues, and more. For many of these topics, which you can “filter” by topic, we offer

handouts, checklists, PowerPoint presentations, YouTube video recordings, including NHMA publications when relevant. We will be updating this section after every workshop, so we encourage members to check back regularly for new resources. Please feel free to take advantage of these valuable training resources. They are all accessible through the Training Resources By Topic page found under our Resources and Publications tab on our main page navigational bar.

Asset Management Coastal Facilities Energy Infrastructure Land Development Resiliency Transportation Water Resources 177 Corporate Drive Portsmouth, NH 03801 603.433.8818

www.nhmunicipal.org

Offices throughout the Northeast and a new Portland, ME location

www.tighebond.com

Welcome to NHMA’s New Government Finance Advisor – Becky Benvenuti In May, NHMA announced that it had hired Becky Benvenuti to replace Barbara Reid as its government finance advisor who had served in this role for over 13 years. Benvenuti, who recently served as Revenue Administrator/Tax Collector with the City of Portsmouth since 2013, started her new role with NHMA starting May 26. In her Portsmouth position, Benvenuti developed and successfully implemented numerous innovative technological advances to improve the City’s central collection process and for the daily operations of the City’s Tax Office. This included overseeing the daily collection and deposit of all City department’s revenues totaling over $150M per year, accounting, posting, balancing and reconciliation of revenue. Benvenuti also served as City’s Tax Collector responsible for the execution of the tax billing, liening, and tax deeding processes, including complicated bankruptcy-plan related issues. From 2004 to 2013, Benvenuti served as Town Clerk/Tax Collector for the Town of Newmarket. In this position, Becky initiated and implemented the first online payment program to collect property taxes electronically. Benvenuti was instrumental in negotiating an agreement with the state Department of Motor Vehicles to allow the town to process online motor vehicle registrations and accepting electronic payments. Benvenuti has also testified before the state legislature as a strong advocate for paperless billing, not just J U LY / A U G U S T 2 0 2 0

for property taxes and motor vehicle registrations, but for water/sewer bills too. Becky is a certified New Hampshire town clerk-tax collector and certified municipal clerk, as well as past president and current member of the New Hampshire Tax Collectors Association and former executive board member of the Northeast Regional Tax Collectors Association. Welcome aboard, Becky. If you would like to welcome Becky to NHMA, please feel free to contact her via email at bbenvenuti@nhmunicipal.org or 603.224.7447.

David L. Mann, Served as NHMA’s Executive Director from 1962-1974, Passes

from 1962 to 1974.

It is with great sadness that we report the passing of David L. Mann, of Concord, who served as NHMA’s Executive Director

In 1962, NHMA hired David Mann, as its executive director. That year, legislation that allowed towns to pay dues to a voluntary association was signed into law and the cities and towns of New Hampshire once again had a common voice. “We had to pick it up; it was like starting from scratch,” said Mann, who joined NHMA after serving as the Executive Director of the Vermont Development Commission. Office space was provided to the Association in a state building on South Street by none other than Governor Wesley Powell. Powell was the man who vetoed the measure to allow 6

towns to belong to the NHMA. “I don’t know if he was trying to make amends or not,” says Mann. Attracting back the membership was not difficult in the early years, thanks to purchasing contracts negotiated with the State. “A town could pay its dues with its savings from supplies tires, police cruisers - it saved the State money and it saved the cities and towns money.” The issue of money, how to save it, and how much municipalities got from the state was just as big an issue then as it is now. One of Mann’s biggest successes was a 40% state aid program involving water pollution grants. “That was the highest in the country,” he says. “But I never liked the idea that New Hampshire was fiftieth in state aid.” Mann not only fought for money for municipalities, he also fought for “enabling legislation” which allowed towns and cities more local control over such decisions as regulating junk yards, demolishing buildings, and creating conservation commissions. Mann also worked to improve local government through such publications as the Selectman’s Handbook, Moderator’s Handbook, and Tax Collector Handbook. Mann even helped organize the Vermont League of Cities and Towns. With a supportive membership and a record of successes, the Association began to evolve into more than just an aid for cities and towns, the NHMA became an organization cities and towns relied on for expertise and information in all areas of local government.

work to the point where the state government and the legislature respected the Association as an effective organization representing the collective concerns of the towns and cities, which truly are the State of New Hampshire. NHMA thanks you, David, for being such a great American and for all the hard work, dedication and devotion you gave to NHMA during your time as executive director. Rest in peace, David.

Customized “On-Demand” Training During Times of COVID-19 - Now Only $350! Thanks to COVID-19, NHMA is doing things a little differently with our “On-Demand” trainings. Instead of having a legal services attorney travel to your city or town, we’re now offering “On-Demands” as virtual presentations via the GoToWebinar platform. If interested, members would log-in to the training program from the comfort of their home (or the board could gather as one group, if that group did not exceed the Governor’s restrictions on gatherings, whichever is more convenient), and watch a PowerPoint presentation with voice-over video re-

SUBSCRIBE January/February 2020

To order

TownandCity New Hampshire N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

David Mann retired from the Association in 1974, which stood at 195 member municipalities and a staff of five full-time employees. Looking back over his tenure, Mann said he was proud of the fact that he helped to take the Association from its ground-

NEW HAMPSHIRE TOWN AND CITY

Town and City magazine, call 800.852.3358, ext. 3339.

In This Issue:

HAPPENINGS from page 5

Diary of a First Time Moderator .......................................................... 8 A Closer Look at the New Laws Governing Town Meeting & Election Postponement .......................................................................14 Traits of a Good Moderator ................................................................18 NHMA Gears Up for 2021-2022 Legislative Policy Process – It’s Never Too Early to Submit Policy Suggestions ..........................26

$25/members • $50/mon-members

www.nhmunicipal.org

cording offered by NHMA presenters. During a Go-to-Webinar presentation, participants can submit questions via a chat function.

2020 Edition of Knowing the Territory is Going DIGITAL

NHMA will offer this alternative method of training on a date and time that would be suitable for your board and staff, and you could always invite surrounding member municipalities to participate and contribute to the total cost. The cost is only $350.00. Learn more by visiting NHMA’s website at www.nhmunicipal.org/ demand-training. There is a fillable PDF at the bottom of this webpage for you to submit a request.

In an effort to provide this valuable resource to our members as soon as possible, we will be distributing com-

plimentary copies to our members as an electronic download! We will also be distributing digital copies to those municipal officials who attend our Local Officials Workshops. One feature of the digital version is being able to click on the title of a chapter in the Table of Contents and jump right to that chapter. We will have a limited number of hard copies available for purchase if you still wish to obtain a hard copy for your city or town. Please contact Judith Pellowe, Business Administrator, if you have any questions at jpellowe@nhmunicipal.org.

The 2020 class of the Academy for Good Governance kicked-off on June 3, 2020 with an overview of governing body authority presented by NHMA’s Executive Director, Margaret Byrnes, and New Hampshire School Boards Association (NHSBA) Executive Director, Barrett Christina. The first class of the Academy consists 53 governing body members; including 38 elected municipal officials, 14 school board officials, and a commissioner of a village district. The Academy is a series of six courses created by NHMA and Primex exclusively for elected governing body members (select board, town council, city council, board of aldermen, school board, and village district commissioners). Courses are taught by experienced attorneys and staff from NHMA, Primex, HealthTrust, and the NHSBA. Attendees will receive education and training intended to make them more knowledgeable and effective in their governing body roles.

2020 Class of The Academy for Good Governance Jeanny Aldrich Edward Arnold Julia Atkins Anita Avery Matthew Bjelobrk Chris Bober Ann Bond John Cannon Lorrie Carey Denise Cartwright Brian Cisneros Gregory Cook

www.nhmunicipal.org

Selectperson Selectman School Board Vice Chair Select Board Member Vice Chairman Select Board Hillsboro-Deering School Board Member Selectmen and school board Selectman Selectmen Select board School Board Member School Board Chairpersion

Town of Chesterfield Town of Brookline SAU 29 Town of Bristol Town of Haverhill Pembroke School District Town of Pembroke Town of New London Town of Boscawen Town of Landaff Oyster River Cooperative School District SAU 84

J U LY / A U G U S T 2 0 2 0

HAPPENINGS from page 7

2020 Class of The Academy for Good Governance (contued) Dianne Craig Jenna Darling James Dick Paul Dickey Les Dion Marsha Dixon Jeremy Dobson Virginia Drew Jessica Drouin Jo Beth Dudley Alan Edelkind Russell Edwards Robert Edwards Charles Eicher Amy Finamore Steve Heath Katherine Heck David Hemenway Janet Kidder Barbara Kiszka Cindy Kudlik Joe Levesque Cheryl Lindner John McCarthy Kathryn McGinn Zak Mei Don Milbrand Joe Monti Susan Morin Carrie Neill Nancy Rollins Karen Scott Mark Smith Tom Solon Lisa Steadman Colin Stubbings Tamela Swan Brett Taber Laura Taylor Bob Thibault April Villani Linda Wadensten

Selectmen School Board Member Selectmen Select Board Member Select Board Member Select Board member School Board Selectmen School board member Selectperson School Board Member Chairman Croydon Select Board Selectman School Board School Board School Board Member School Board Member Selectperson Chair, Board of Selectmen School Board member Selectman Alstead Select Board Member Chief of Staff School Board Member Hillsboro-Deering School Board Chair Selectmen Select Board Member Board of Selectman Weare School Board Barrington School Board Member Selectman Selectman School Board Member School Board Member School Board Representative Chairman, Board of Selectmen Select Board Member Board of Commissioner Chairman School Board Member Selectperson School Board Member School Board Member

NEW HAMPSHIRE TOWN AND CITY

Sullivan County Town of Newport Town of Sanbornton Town of Boscawen Town of Bristol Town of Francestown City of Manchester Town of Epsom Pittsfield School District Town of Dalton Town of Dublin Town of Croydon Town of Antrim Jaffrey-Rindge Cooperative School District Town of Londonderry Ashland School District SAU 1 Town of Webster Town of New London Town of Plaistow Town of Grafton Town of Alstead City of Nashua SAU 47 Hillsboro-Deering School District Town of Easton Town of Bristol Town of Thornton Town of Weare Town of Barrington Town of New London Town of New Boston Town of Tamworth SAU 41 Monadnock Regional School District Town of Piermont Town of Dalton Emerald Lake Village District SAU 39 Town of Easton Pembroke School District Town of Newport

www.nhmunicipal.org

Upcoming

Events

For more information or to register for an event, visit our online Calendar of Events at www.nhmunicipal.org. If you have any questions, please contact us at nhmaregistrations@nhmunicipal.org or 800.852.3358, ext. 3350.

JULY Independence Day (NHMA Offices Closed) Friday, July 3 Webinar: The Right-to-Know Law and Governmental Records Wednesday, July 15 12:00 p.m. – 1:00 p.m. Webinar: The New Art of Utility Valuations Wednesday, July 22 12:00 pm – 1:00 pm Webinar: Reengineering Your Employment Procedures in Light of Recent Court Decisions Wednesday, July 29 12:00 pm – 1:00 pm

AUGUST NHMA is resting up (and we hope you are too) to bring you a slate of relevant and useful educational and training programs in the fall!

Please note that due to rapidly changing conditions in light of COVID-19, please visit NHMA’s website @ www. nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

Understanding Federal Funding for COVID-19 By Barbara Reid, Government Finance Advisor

ne of the challenges in dealing with COVID-19 is understanding the federal funding that is available to help states and local governments respond to public safety concerns and continue providing government services to the citizens of New Hampshire. Complicating the funding discussion is the fact that there are many different “pots” of money, often referred to by different names, that have different spending authorizations, with different eligibility periods, administered by different federal agencies. The following explanation provides a clearer picture of the federal funding for COVID-19, focusing on the funding available to New Hampshire municipalities and the types of expenses generally covered. Federal Legislation. As of the end of May, there have been four pieces of federal legislation enacted dealing with Coronavirus: • HR 6074 Coronavirus Preparedness and Response Supplemental Appropriations Act (Enacted 3/6/20) • HR 6201 Families First Coronavirus Response Act (Enacted 3/18/20) • HR 748 Coronavirus Aid, Recovery, and Economic Security (CARES) Act (Enacted 3/27/20) • HR 266 Paycheck Protection Program and Health Care Enhancement Act (Enacted 4/24/20). The Legislative Budget Assistant Office (LBA) of the New Hampshire General Court has a Summary of Federal COVID-19 Funds (from all sources) allocated to New Hampshire on their COVID-19 Information page. The summary dated May 18, 2020 totals $1.8 billion in grant funding and $3.6 billion in non-grant funding available to New Hampshire. None of the federal funding in the four Coronavirus legislative acts listed above provides assistance to state or local governments to compensate for revenue shortfalls from taxes, fees, or revenue-generating operations that have been suspended due to COVID-19 (with one minor exception described below). However, there are discussions in Congress 10

NEW HAMPSHIRE TOWN AND CITY

about a fifth funding proposal in which the National League of Cities is advocating for direct funding to municipalities to help address local revenue shortfalls. Federal Emergency Management Agency (FEMA). What is notably absent from the LBA summary is funding from the Federal Emergency Management Agency (FEMA). Funding for emergency operations and other FEMA-eligible expenses are in addition to the federal funding included in the LBA summary. There is no “grant” allocation for FEMA funding, nor is there a cap on the amount that will be reimbursed to the state and municipalities for FEMA eligible expenses. Typically under FEMA emergency declarations, 75 percent of eligible costs are reimbursed while a 25 percent local match for FEMA eligible expenses must come from non-federal sources, such as municipal appropriations, donations, or volunteer time. However, in the case of the COVID-19 emergency declaration, the CARES Act Coronavirus Relief Fund described below may be used for the 25 percent local match. Generally, FEMA reimbursement is for emergency protective measures in response to COVID-19, including, for example, personal protective equipment for first responders, costs for emergency operation centers, shelter for vulnerable populations, temporary lodging for first responders needing to isolate, and overtime costs for first responders. Additional information about eligible expenses and the reimbursement process is available on the FEMA Public Assistance Eligibility for COVID-19 website, which includes the Applicant Briefing Slides from an April 24 presentation. Families First Coronavirus Response Act (FFCRA). While the expanded wage and benefit provisions of this act apply to local governments, the payroll tax credit provision to pay for those additional wages and benefits does not apply. The only form of “funding” to municipalities is a provision exempting municipal employers from having to pay the 6.2 percent Social Security portion of FICA on wages required to be paid under this act. See NHMA www.nhmunicipal.org

Guidance Regarding Employment Taxes Under the Families First Coronavirus Response Act. However, the increased wages and benefits (such as certain childcare costs) required under this act are eligible for reimbursement from the Municipal Relief Fund, explained below. CARES Act - Coronavirus Relief Fund. Of the four federal bills, the CARES Act received considerable attention due to the amount of funding provided directly to the state for use at the discretion of the governor. New Hampshire received $1.25 billion from the US Treasury for a Coronavirus Relief Fund, the first item listed on the LBA summary, which is sometimes referred to as Flex Funds. The governor created the Governor’s Office for Emergency Relief and Recovery (GOFERR) and established two advisory committees – the Legislative Advisory Committee and the

www.nhmunicipal.org

Stakeholders Advisory Committee - to recommend allocations and disbursements of money from the Coronavirus Relief Fund. Information about the work and recommendations of these two Boards is available on the GOFERR website. Of the seven programs the governor established by May 18 using money from the Coronavirus Relief Fund, two of the programs directly affect municipalities: Municipal Relief Fund (MRF). In early May the governor allocated $32 million from the $1.25 billion Coronavirus Relief Fund for a municipal relief program. The MRF is a reimbursement program, with each municipality allocated a maximum amount for which reimbursement requests may be submitted to cover COVID-19 related expenses incurred between March 1

and August 31 and not covered by FEMA or another federal program. Additional MRF funding may be provided after August 31. The MRF may be used for a variety of COVID-19-related expenses, including increased welfare costs, interest on tax anticipation notes, building disinfecting and modifications for social distancing, telework costs for remote municipal operations, payroll costs for increased wages and benefits required under the Families First Coronavirus Response Act, employer payroll taxes associated with First Responder Stipends explained below, the 25 percent match on FEMA eligible costs, and more. However, the MRF may not be used for: • Costs accounted for in the budget most recently approved as of March 27, 2020;

J U LY / A U G U S T 2 0 2 0

FEDERAL FUNDING from page 9 • Compensating for revenue shortfalls; • FEMA-eligible expenses; • COVID-19 expenses covered by other federal programs or grants; • Workforce bonuses other than hazard pay or overtime; • Severance pay or legal settlements. The Town-by-Town allocation of the MRF along with the required grant agreement and reimbursement request form are available on the Municipal & County Payments page of the GOFERR website. Additionally, the MRF Frequently Asked Questions (FAQs) explaining the details of this program is available on the NHMA COVID-19 Resources page. First Responders COVID-19 Stipend. Also in early May the Governor announced the allocation of $25 million from the Coronavirus Relief Fund for a First Responder Stipend program providing a $300 per week stipend to full-time and a $150 per week stipend to parttime first responders for the period May 4 through June 30. Municipal participation in the program is voluntary, and municipalities may submit the First Responder Stipend Worksheet for the entire 8-week and 2-day period up front, then pay the stipend to eligible first respond-

ers weekly, bi-weekly, or in a single lump sum. The stipend is subject to applicable employer and employee payroll taxes, with the employer taxes reimbursable from the MRF. The stipend is included in the calculation of the Fair Labor Standards Act (FLSA) overtime rate but is not considered earnable compensation for New Hampshire Retirement System purposes. The First Responder COVID-19 Stipend Program and the First Responders COVID-19 Stipend FAQs on the Department of Safety, Division of Homeland Security and Emergency Management (HSEM) website includes detailed information about the program, eligibility criteria, payment instructions and more. Justice Assistance Grants (JAG). The New Hampshire Department of Justice received $3.4 million under the JAG program of the CARES Act for law enforcement and other first responders to prevent, prepare for, and respond to COVID-19. Funding is available retroactive to January 20, 2020 and will be available for a period of up to two years. As of May 15, $876,000 had been awarded with approximately $2.5 million remaining. Allowable projects and purchases include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such

NEW HAMPSHIRE TOWN AND CITY

as gloves, masks, sanitizer), training, travel expenses, and addressing the medical needs of inmates in state and local prisons, jails, and detention centers. Additional information and applications are available on the Department of Justice website. Provider Relief Funds (Ambulance Funding). In mid-April some municipalities received an unexpected ACH deposit in their bank accounts with the notation “HHS Payment US HHS Stimulus.” This money is listed on the LBA summary as US DHHS Office of Secretary, Provider Relief Funds – General Allocation. The money was paid to healthcare providers that billed Medicare in 2019, making some municipal ambulance services eligible for this funding. Guidelines issued by the U.S. Department of Health and Human Service for use of Provider Relief Funds are different from the guidance issued by the U.S. Treasury for the Coronavirus Relief Fund (and subsequently the MRF). The terms and conditions for the Provider Relief Funds state that the payment will be used only to “prevent, prepare for, and respond to coronavirus, and that the payment shall reimburse the Recipient only for health care related expenses or lost revenues that are attributable to coronavirus.” This is the one exception we have found so far to the general rule that COVID-19 funding cannot be used to compensate for local government revenue shortfalls.

www.nhmunicipal.org

Election Support. The Select Committee on 2020 Emergency Election Support is charged with advising the state on the use and allocation of $3.2 million of CARES Act funding to address the many challenges of holding state and federal elections during a pandemic. NHMA submitted a letter to the committee summarizing the major municipal concerns for the committeesâ&#x20AC;&#x2122; consideration.

to be a Catch-22 in terms of what to apply for first. Here are a few general recommendations regarding the funding process:

What to Apply for First? COVID-19 funding and reimbursement processes are confusing, and in some cases seem

2. Do not double-dip by seeking reimbursement for the same costs from multiple funding sources.

1. Apply to FEMA for those expenses you know, or are fairly certain, are FEMA-eligible. Even though FEMA only reimburses 75 percent of eligible costs, there is no cap on the amount FEMA will cover.

3. Closely track all COVID-19 related expenses and reimbursements, and maintain supporting documentation necessary for audit purposes. Barbara Reid was Government Finance Advisor with the New Hampshire Municipal Association. Barbara retired from this position in June. Becky Benvenuti has replaced Barbara as Government Finance Advisor and can be reached at 603.224.7447 or at bbenvenuiti@nhmunicipal.org.

COVID-19 Funding Article Reference Sites LBA Summary of Federal COVID-19 Funds (5/18/20) http://www.gencourt.state.nh.us/lba/Budget/COVID-19_Docs/Federal_COVID_19_Funding_5-18-20.pdf LBA COVID-19 Information http://www.gencourt.state.nh.us/lba/COVID_19_Information.aspx FEMA Public Assistance Eligibility for COVID-19 https://prd.blogs.nh.gov/dos/hsem/?page_id=8237 FEMA Applicant Briefing Slides https://prd.blogs.nh.gov/dos/hsem/wp-content/uploads/2020/04/Applicant-Briefing-DR-4516-Final-4.25.20.pdf NHMA Guidance Regarding Employment Taxes Under the Families First Coronavirus Response Act. https://www.nhmunicipal.org/sites/default/files/uploads/documents/nhma_guidance_regarding_employment_taxes_under_the.pdf GOFERR Website https://www.goferr.nh.gov/welcome GOFERR Municipal & County Payments https://www.goferr.nh.gov/covid-expenditures/municipal-county-payments MRF Frequently Asked Questions (FAQs) https://www.nhmunicipal.org/sites/default/files/uploads/partners/nhma_guidance_on_municipal_funding.pdf NHMA COVID-19 Resources https://www.nhmunicipal.org/covid-19-resources First Responder COVID-19 Stipend Program https://prd.blogs.nh.gov/dos/hsem/?page_id=8466 First Responders COVID-19 Stipend FAQs https://prd.blogs.nh.gov/dos/hsem/?page_id=8624 Department of Justice Website https://www.doj.nh.gov/grants-management/funding-availability.htm#covid Provider Relief Funds https://www.hhs.gov/sites/default/files/terms-and-conditions-provider-relief-30-b.pdf U.S. Treasury Guidance for the Coronavirus Relief Fund https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf NHMA Letter to Select Committee on 2020 Emergency Election Support https://www.nhmunicipal.org/sites/default/files/uploads/documents/partners/nhma_letter_5-7-20.pdf www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

The Importance of Continuity of Operations Planning: By Jennifer Schwab, Assistant Chief of Planning

You may wish you had a plan for yesterday, but you’re not too late for what tomorrow may bring

ver the past few months, “what if?” has quickly become “what now?” in so many unexpected ways. Even the wisest of forecasters could not have predicted all outcomes of COVID-19 and the evolving response around the globe. Here at the State Emergency Operations Center, even our Continuity of Operations Plan (COOP) has had to evolve as we face less conventional constraints. A traditional COOP scenario involves something more concrete – a prolonged power outage, or flooding – a sudden event that prevents us from using our first-line tools and resources. Our normal setup is to have backups and alternate locations, and we shift to our secondary tool belt. With COVID-19, it’s a whole new type of barrier; one that is invisible and stretched out over a long period of time. It’s not as much the backup tools that we need, as it is the barriers now between each other as part of the new normal. A traditional COOP scenario is expected to last under 30 days. But we’re well past that number as we calculate rolling continuity adjustments on a daily basis. So we built a different kind of plan.

Pandemic COOPing

In early March, we released the Pandemic-Specific Continuity of Operations Planning Guide to help, not just ourselves, but any organization, business, or community to wrap their brains around how to navigate these uncharted waters. We took the typical COOP template and boiled it down to what could be done in a short timeframe to prepare, prioritizing the communication piece over the tools and equipment. The guidance from FEMA was to anticipate up to 40% of the workforce to be unavailable for a 2-3 month window. This meant our personnel were our most precious resource, and the top issue for continuous operations. We focused on clearing and preparing the pathways, for both workflow and communication. We tackled succession and 14

NEW HAMPSHIRE TOWN AND CITY

authority delegations, so that each member of the management team had a designated person ready to back them up. We looked at cross-training needs, to prevent the keys being held by any one single person. And there have been many lessons learned along the way, each time we iterate on our processes and adjust to the next challenge at hand. All of these steps were about preventing bottlenecks, so that if a key team member became ill or needed to quarantine themselves, we could still get the job done.

Building Everyday Resilience

What is remarkable about these steps is that in addition to aiding us in a crisis, they also build our resilience as a team every day. Employees get sick unexpectedly every day of the year, regardless of the season. There are car breakdowns, catastrophic coffee accidents, and scheduled vacations on any given workday that cause stops and starts in our workflow – all without a virus hanging around the joint. What I love about our new COOP focus is that these continuity efforts will continue to serve us long after COVID-19 has run its course. In this vein, continuity planning at any level will yield a return, and I encourage communities, organizations, and businesses of any size to make that investment.

What a COOP is

A Continuity of Operations Plan is a way of mapping a rehearsable response to less than predictable circumstances. It’s a game plan for events outside the usual game plan. A COOP can be as simple or complex as you’d like. It’s not the page count that counts. Understandable, Flexible, Exercisable. These are the big three in my book when it comes to any plan. Understandable. Is the concept easy enough to digest, that most people in your organization can understand it on the first pass? Is it something they can commit to memory? Most www.nhmunicipal.org

often, your COOP is put into effect under duress, and it needs to be a concept that sticks. If I say, “stop, drop, and roll” you immediately know what the expectations and criteria are. As you build a continuity plan, keep it simple and memorable. Flexible. Is your plan flexible enough to fit many scenarios? Have you built enough stretch into the decision points and pathways that they can shift to meet the need? If you’ve taken any sort of first aid training, you know the ABCs: airway, breathing, and circulation. No matter what the cause of injury – the first concern is whether the person has a clear airway. Then their breathing, and so on. It’s a firstline checklist that is applicable to every medical situation, and flexes regardless of the cause of injury. What are the key points of your COOP that will need to be addressed in any crisis scenario? And do your solutions provide move-

ment and flexibility to meet a variety of needs? Exercisable. Can you practice your COOP? Are there enough action steps identified to walk through as a team? Are the responsibilities distributed well to allow for a coordinated team effort? In addition to the concept being understandable, it’s also important to put a little muscle memory in there – so that when a COOP is needed, the kinetic recall is there.

Where to Start

We are here with some good news – you don’t have to be able to predict it all, or do it all, in order to have a good continuity plan. In fact, there are some steps you can take immediately to increase your resiliency, without a committee meeting and without a glossy full-color printed plan. In the Pandemic-Specific Continuity of

Operations Planning Guide, we identified ten steps that would prepare an organization, business, or community for dealing with COVID-19. These ten steps are concrete, and yet they’re also flexible enough to apply to disruptions well beyond a pandemic. And the best news – even doing one step will help. Step One We put them in order, with Step One being mitigation. If you sit down and think through ways to protect the workplace from spreading infection, you’ve just accomplished a piece of the COOP puzzle. Step Two Step Two is identifying succession and authority lines. If you were to be out of commission for any reason, who would succeed you in your role? What authority would you need to delegate to them? And if they were unavailable also, who would be the next person?

If you’re not getting it, you’re not getting it.

Don’t be caught without it! NewsLink gives you all the latest information on upcoming workshops, webinars and other training events.

The E-newsletter of the New Hampshire Municipal Association

This bi-weekly electronic newsletter is the most comprehensive resource for local government officials in New Hampshire.

To get all the news you can’t afford to miss, subscribe to NewsLink at www.nhmunicipal.org.

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

CONTINUITY from page 15 And now you’ve got two pieces done. And So On And the steps continue in this manner. Small bites like this that build on each other can actually make a big difference. As you build each contingency piece, you’re exercising the brain space ahead of time and communicating the common threads with your team. For every step you’re able to complete, your network of options in a crisis is strengthened – and that is resilience. It is options, it’s stretch, it’s pathways; and the more you exercise them the stronger your COOP is. But each step is a valuable achievement in and of itself.

But Am I Too Late?

Not at all. Hindsight will always be there, but today is never too late to start or improve your continuity planning process. Because the impact of COVID-19 is on an elongated continuum, the challenges will continue to serially present themselves. And the traditional scenarios, like flooding, are always in the realm of possibility. We

Distributed Workflow Remote work, and distributed teams have grown in popularity over the past few years, but their cultivation has largely kept to newer, younger industries. Most traditional workforces judged the cost, both fiscal and cultural, too high to implement. Many simply believed it was not a viable option for them. COVID-19 changed all of this. With tools like Zoom and Slack, businesses the world over are making a mad dash to the safety of physical distance and working remotely. In many instances, there was not any other choice – either give distributed work a shot or close up shop. And regardless of how COVID19 progresses, I think we will find that many organizations, having made the switch, will be less interested in switching back. Distributed workflows allow for a level of flexibility that change the game. Many businesses may find that they can achieve their goals without the

January/February 2020

TownandCity N E W

may wish we had a plan for yesterday, but we are not too late for what tomorrow may bring.

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

To order

In This Issue:

New Hampshire Town and City magazine call 800.852.3358, ext. 3339. $25/members • $50/mon-members

Roberts & Greene, PLLC

Comprehensive Governmental Auditing and Accounting Services Contact us for: Accuracy Communication Timeliness

47 Hall Street Concord, New Hampshire 16

Audits of Financial Statements Financial Statement Preparation Accounting Assistance Staff Training Management Advisory Services

603-856-8005 Email: info@roberts-greene.com

NEW HAMPSHIRE TOWN AND CITY

expense of a centralized workspace, spending that money on other options. The interesting news when it comes to continuity, is that it also provides a “two birds, one stone” type of solution. Returning for a moment to the traditional COOP model, the focus was typically on how to weather the loss of your centralized workspace. With distributed teams, this is already accomplished. I am very interested as we progress through this time, to see where the trends go with remote work. If it seems to be a pathway that would benefit you, it is a workflow that should be practiced before it is fully implemented. The needs of each business or organization are unique, and so no one approach or tool will work across the board. Get some trial versions, test out tools and ideas, and find what does the best job for your team.

In Summary

Our Pandemic-Specific Continuity of Operations Planning Guide is available at http://www.nh.gov/hsem and is as good a place to start as any. It will get you thinking about some key COOP components that come into play with just about any potential scenario, and certainly our current one. The need for continuity planning is felt in all fields, in all organizations. I think the adage, “start simply, but simply start” is a great guide for this situation. Take it in small bites. But definitely take a bite, because the need to be agile and resilient is not going away anytime soon. Jennifer Schwab is Assistant Chief of Planning with Homeland Security and Emergency Management at the New Hampshire Department of Safety. Jennifer may be reached via email at jennifer.schwab@dos.nh.gov or by phone at 603.223.3633. www.nhmunicipal.org

Employment Law Hotline A Free Service to NHMA Members Drummond Woodsum labor law attorneys are available to provide legal advice on matters including Title VII, Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, employee discipline, sexual harassment, wrongful termination and age, sex and race-based discrimination. The Employment Law Hotline is available at no charge and Drummond Woodsum labor law attorneys will provide up to 1/2 hour of FREE legal advice per employment issue.

Got an employment issue? Before you act, call 603.623.2500 or email at ehotline@dwmlaw.com.

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

Don’t Go It Alone: How Public-Private Partnerships Power Local Government Innovation By Lindsay Pica-Alfano, Founder, Govlaunch Cities and towns don’t have to do it all themselves — here’s how they’re partnering with local, national, and even global businesses to adapt, especially in difficult times.

ocal governments have a lot on their plates. And in the face of uncertain times, it may seem overwhelming — or out of reach — to stay innovative. But that’s not true; sometimes you just need to look for a little help. Some of the most interesting ideas we’ve seen on Govlaunch’s innovation wiki come when the public sector and private sector work together to tackle a common issue. These efforts are mutually beneficial. They open up resources for cities, both financially and among personnel. They offer entry points for business development, or the chance to pilot a service before scaling it. And they bring ideas and expertise together across orgs with wildly different skillsets. Here are some examples of towns and cities across New Hampshire (and beyond) who have worked with businesses to enact new programs. Let’s take a look at how it’s paying off.

Manchester, NH and Fedex Test a Robot for Same-Day Deliveries Little did FedEx know, when they introduced Roxo the delivery bot in 2019, how much demand there would soon be for contactless delivery options. The Tennessee-based delivery company was looking for a way to enhance its same-day delivery service. It developed Roxo to use AI and sensors as it wheels through a city to deliver small packages (the robot carries up to 100 pounds and can travel 10 miles per hour). When it came time to first test the robot, FedEx chose Manchester, NH as its pilot city because of its relationship with Manchester-based Deka Research and Development Corp. In fact, it was Deka’s standing wheelchair model that inspired Roxo — the robot has a similar base and wheels, al18

NEW HAMPSHIRE TOWN AND CITY

lowing it to navigate potholes, curbs, and uneven surfaces. To support the trial, the city of Manchester had to temporarily adjust city rules, suspending an ordinance that prevented driving on sidewalks. After debuting in Manchester, the bot tests have expanded to other cities (though some have been less welcoming — rather than adjusting similar traffic rules, New York City ordered the robots be removed). Now, as COVID-19 is prompting reduced contact and more delivery-based shopping, Manchester’s work with the FedEx pilot has unexpected benefits: The city has already experimented with an automated delivery system, so knows what to expect. This puts Manchester in a good position to adjust to future shifts in process and react to evolving health and safety needs.

Chesterfield, NH offers every resident broadband access through partnership with Consolidated Communications Another challenge cities and towns across the United States are facing in light of COVID-19 is connectivity. Some are employing buses to boost WiFi, others have created development-minded public WiFi zones. In New Hampshire, access to reliable internet connection has been a challenge outside cities — especially in rural or forested areas — since before the pandemic. This impacted residents’ work opportunities, education access, and made it harder for towns to attract business. To address this, the state enacted SB170, a new law in 2018 that allows New Hampshire cities and towns to issue bonds to pay for the development of broadband networks. Last year, Chesterfield, a 3,600-person community in the southwww.nhmunicipal.org

west part of the state, was the first town in New Hampshire to act on the opportunity. Under the new bond program, the town entered a public-private partnership with Consolidated Communications, and is connecting every home in town to a high-speed fiber network. This partnership allowed the town to avoid raising taxes to pay for the network — Consolidated Communications is guaranteeing a $1.8 million 20-year bond that will be paid for by small fees in broadband subscriptions. The company is also contributing about $2.5 million to build the network. In return, Consolidated will own the network after the bond is paid (other communications companies won’t be able to use it), ensuring a long-term base of subscribers. Before the pandemic hit, other New

Hampshire communities were looking to follow Chesterfield’s example and provide greater internet access to residents. Now, with telecommuting and online education as a reality for many, these public-private broadband partnerships provide a valuable opportunity to adjust to a new way of life.

West Hartford, CT partnership launches plastics recycling campaign Of course, while all eyes are on COVID-19 these days, innovative public-private partnerships extend far beyond virus-related projects. Across New England, towns and cities are working with both organizations to launch inventive solutions to local problems. And these solutions don’t have to be fancy or high-profile. Some partnerships work best when all the parties involved are local.

 Telecommunica�ons  Tax Assessment  Eminent Domain

In West Hartford, Connecticut, the West Hartford Land Trust and West Hartford Rotary Club recently partnered with the town to launch a sixmonth campaign to recycle more plastics, keeping them out of local landfills and water supply. The partners set up four bins around town, encouraging people to drop off plastics that can’t be included in the regular single-stream recycling system, such as bread sleeves, drycleaning bags, and bubble wrap. The campaign aims to collect 500 pounds of plastics by July, all of which will be given to the manufacturer Trex for their wood-alternative products. By joining forces, the local organizations and the town government have a stronger combined messaging power and are able to encourage more citizen participation.

We represent towns and ci�es throughout the state and bring value to our clients through decades of experience and adhering to the budgetary constraints under which municipali�es operate. We emphasize preven�ve and �mely legal counsel to our clients with a view toward avoiding problems that result in li�ga�on.

Special counsel services include:  Appellate  Water  Labor & Employment  Growth Control  Li�ga�on  Land Use & Planning Also available for conict counsel services

 U�lity & Infrastructure  Police  Environmental

OFFICES IN EXETER, PORTSMOUTH, MEREDITH & CONCORD, NEW HAMPSHIRE

WWW.DTCLAWYERS.COM DONAHUE, TUCKER & CIANDELLA, PLLC

E‐mail: info@DTCLawyers.com

Toll Free: (800) 566‐0506 For inquiries please contact Christopher Boldt or Sharon Somers

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

DON'T GO IT ALONE from page 19

Conclusion These partnerships aren’t always perfect, and they aren’t always the right fit for everyone. But sometimes the best step toward solving a problem is to identify who else may want it solved. Finding a private entity with a similar goal can save time and resources, etc. As uncertain times continue, cities should be asking themselves who

might be able to face challenges with them. Lindsay Pica-Alfano founded Govlaunch with the belief that all local governments, regardless of size, need easy access to the innovative practices and tools being implemented by their peers, so they can avoid “reinventing the wheel”. When not evangelizing local government innovation, she spends time with her daughter, dog Harvey, and co-founder James, who also happens to be her husband.

Govlaunch is the wiki for local government innovation — The largest free resource for local governments to share and discover innovative projects and tools from the smallest towns to the biggest cities, and everywhere in between. Search over 2000 crowdsourced projects and contribute what your community is doing to innovate using our free tools at https://join.govlaunch.com.

Transportation | Water& Wastewater | Solid Waste | Structural

CMA

ENGINEERS

pursue excellence PORTSMOUTH, NH | MANCHESTER, NH | PORTLAND, ME www.cmaengineers.com

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Reopening Libraries During the Pandemic

By Natch Greyes, Municipal Services Counsel Reopening. It’s what’s on everyone’s mind. By the time this issue goes to print, many libraries will have already started the slow process of reopening. What that looks like will depend on the library and its community. Some will choose to continue digital-only services for some time; some will start to schedule appointments; others will reopen with limited numbers of the public allowed in the building at any one time. There may be situations where a library can open without restriction. Whatever the case may be in your library, it’s important to keep in mind who sets the rules as much as it is important to continue to deliver and expand services.

Who sets the rules for reopening libraries? Library trustees have unique authority over the library. Unlike other municipal departments, which are subject to the rules and regulations promulgated by the select board, libraries are subject to their own governance structure under RSA chapter 202-A. This means library trustees must make decisions about rules for library access, employment rules, and as well as services offered by libraries during the time of the pandemic. The very nature of library operations means that staff come into close personal contact with a variety of individuals every day, and there is often an exchange of physical objects, some of which may have been in the hands of someone who was contagious. Minimizing the risk of transmission to staff and the public is paramount.

As we plan for reopening, can we require patrons to wear masks or only recommend that they do so? Library trustees under RSA 202-A:6 (management of public library property) have the authority to mandate that people entering a town building or library wear a face covering. They may also set limitations on the number of patrons allowed in the building at any one time. Libraries located in town buildings with other activity in that building should seek to work with town officials to design a unified set of rules. If a library does decide to adopt a rule such as mandatory facemasks, it should have a supply available for those who arrive without a mask. A mandatory mask policy must be carefully crafted. While the Center for Disease Control recwww.nhmunicipal.org

ommends that everyone aged two and older wear a cloth face covering, it is important to recognize that some groups – such as young children or those with special needs – may be unable to wear a mask. Any rules created by the trustees should account for any individuals or groups who may not be able to abide by strict social distancing, mask-use, or other medical recommendations. Rules should be prominently posted so that the public is aware of them. If a person refuses to wear a face mask or covering, that person could be denied access to a town building, including a library. Library trustees should meet with the appropriate municipal officials to work out a course of action if rules are not obeyed. The “action plan” should be clearly conveyed to staff, and periodic discussions should occur to ensure that the “action plan” is still viable in light of any new information as the response to the pandemic evolves.

What rules can we set for library employees? Library trustees, under RSA 202-A:11, have the authority to set employment rules for the librarian and all employees of the library. These may include whether to require employees to wear masks or take other precautions to avoid becoming sick or spreading an illness. These rules should be flexible. Encouraging employees who may be sick to stay home – and thus prevent the risk of infection of the rest of the staff and members of the public – and adopting rules to allow employees the option to take their own precautions – such as wearing masks, etc. – even if those precautions are not mandated are encouraged. In addition, hand sanitizer or other hand-cleansing methods should be made available to staff and, if possible, the public. As they move towards reopening, library trustees and librarians should regularly check the NHLTA website and the NHLA website, as well as NHMA’s Covid-19 Resources Page: www.nhmunicipal.org/covid-19-resources. These sites provide their members with the most up-to-date and relevant information about everything from relevant Emergency Orders to funding availability. Natch Greyes is Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@nhmunicipal.org. J U LY / A U G U S T 2 0 2 0

COVID-19 COVID-19 TIMEL TIMEL These are unprecedented and challenging times for COVID-19 cities and towns across New H TIMEL These are unprecedented and challenging times for cities and towns across New H board and staff are working to support our memberCOVID-19 municipalities by providing yo TIMEL board and staff are working to support our member municipalities by providing yo and the best information and available onfor thecities response to COVID-19. These are unprecedented and advice challenging times and towns across New H

and the best information and advice available on the response to COVID-19. board staff are working tochallenging support ourtimes member municipalities providing These and are unprecedented and for cities and townsbyacross New yo H and the best information and advice available on the response to COVID-19. board and staff are working to support our member municipalities by providing yo MARCH MARCH and the best information and advice available on the response to COVID-19.

MARCH MARCH

March 2 March 2

COVID-19 arrives in New Hampshire COVID-19 arrives in New Hampshire

March 2

COVID-19 arrives in New March 2 Hampshire COVID-19 arrivesMarch in New Hampshire 13

March 13

APRIL APRIL APRIL APRIL

MAY MAY MAY MAY

Governor declares state of emergency Governor declares state of emergency due to COVID-19 March 13 due to COVID-19

State issues memorandum March 9 regarding March 10, 2020 Municipal Elections State issues memorandum regarding 16Elections March 10, 2020 March Municipal

Governor declares state March 13of emergency due to COVID-19 Governor declares state of emergency March 18 due to March COVID-19 18

March 16

NHMA issues guidance on COVID-19 NHMA and issues guidance onLaw COVID-19 Right-to-Know March 16 Law and Right-to-Know NHMA issues guidance March 16on COVID-19 and Right-to-Know Law NHMA issues guidance on COVID-19 and Right-to-Know Law

April 1

April 1 modifications of municipal and local government statutory requirements Emergency Order #23—prohibiting government statutory requirements addressing Emergencynearly Order #23—temporary Aprilall 1 provisions adEmergency Order #23—prohibiting scheduled gathering of 10 or more addressing nearly all provisions advocated for in NHMA’s March 20th April 1of 10 or more modifications of municipal and local scheduled gathering attendees vocated for in NHMA’s March 20th Emergency Order #23—temporary letter attendees government statutory requirements Emergency Order April#23—prohibiting 1 modifications ofletter municipal and local addressing nearly all provisions adscheduled gathering of 10 or more government statutory vocated for in NHMA’srequirements March 20th attendees Emergency Order #23—prohibiting April 9 April 2 addressing nearly all provisions adletter Aprilof9 10 or more scheduled gathering April 2 vocated for in NHMA’s March 20th guidance regarding attendees NHMA issue guidance regarding employment NHMA issues letterCARES Act issueson guidance regarding moratorium issuing tax deeds NHMA issuetaxes guidance employment NHMA underregarding

AprilCARES 2 Act taxes under

9 tax deeds moratorium April on issuing

NHMA issue guidance regarding employment April 2 taxes under CARES Act NHMA issue guidance regarding employment taxes under CARES Act

NHMA issuesApril guidance 9 regarding moratorium on issuing tax deeds NHMA issues guidance regarding moratorium on issuing tax deeds

May 1 May 1

Emergency Order #40—extending Emergency Orderclosure #40—extending and modifying of nonMay 1 of nonand modifying closure essential businesses essential businesses Emergency Order May#40—extending 1 and modifying closure of nonMay 7 essential businesses Emergency Order #40—extending May 7 of nonand modifying closure NHMA submits letter to Select Committee essential businesses NHMA submits letter toElection Select Committee on 2020 Emergency Support May Election 7 on 2020 Emergency Support

May 1 May 1

March 16 March 16

March 13 March 13

State issues memorandum regarding State issues memorandum March 10, 2020 Municipal regarding Elections March 9 Elections March 10, 2020 Municipal

NHMA issues guidance on town NHMA issues guidance on and town meeting postponement 13 and meetingMarch postponement COVID-19 COVID-19 NHMA issues guidance March 13 on town April 1 meeting postponement and April 1 COVID-19 NHMA issues guidance on town Emergency Order #23—temporary meetingOrder postponement and Emergency #23—temporary modifications of municipal and local COVID-19 April 1

NHMA submits letter Mayto7Select Committee on 2020 Emergency Election Support NHMA submits letter to Select Committee on 2020 Emergency Election Support

March 9 March 9

Governor issues memorandum to municipal Governor issues memorandum to municipal officials regarding the Right-to-Know law March 16 officials regarding the Right-to-Know law Governor issuesMarch memorandum 16 to municipal officials regarding the Right-to-Know law Governor issues memorandum to municipal March 20 officials regarding the Right-to-Know law

NHMA issues guidance for public NHMA issues guidanceand forelections public meetings, town meeting March 18and elections meetings, town meeting NHMA issues guidance March 18 for public meetings, town meeting and elections NHMA issues guidance for public meetings, town meeting and elections

April 3 April 3

March 20

NHMA coordinates “Municipalities Becoming NHMA coordinates “Municipalities Remote Organizations” webinar forBecoming members Marchwebinar 20 Remote Organizations” for members hosted by Mainstay Technologies hosted by Mainstay Technologies NHMA coordinates “Municipalities Becoming March 20 Remote Organizations” webinar for members by Mainstay Technologies NHMAhosted coordinates “Municipalities Becoming Remote Organizations” webinar for members AprilTechnologies 4 hosted by Mainstay

April 4

Emergency Order #26—extending Emergency Order #25—temporary modifiEmergency Emergency Order #25—temporary modifiemergencyOrder orders#26—extending # 2, 5, and 16 cations of interest penalty for late payment April 4# 2, 5, and 16 April 3 emergency orders cations of interest penaltytaxes for late payment of property of property taxes Emergency Order Emergency OrderApril #25—temporary modifiApril#26—extending 4 3 emergency orders # 2, 5, and 16 cations of interest penalty for late payment Emergency Order #26—extending Ap of14 property taxes Emergency Order #25—temporary modifiApril 17 April 17 Ap emergency orders # 2, 5, and 16 cations of interest April 14 penalty for late payment April NHMA release of propertyCOVIDtaxes NHMA’s Executive Director Margaret NHMA launches statewide Director NHMA release Byrnes Executive testifies before theMargaret Goverber COVID-19 NHMA launches Impact statewide COVID- NHMA’s 19 Financial Survey April 17 theRelief Ap Byrnes testifies before Goverber COVID-19 April 14 Survey nor’s Office for Emergency and Su 19 Financial Impact nor’s Office for Emergency Su Recovery (GOFERR)Relief and NHMA’s Executive Director Margaret NHMA release April 17 Ap NHMA launches statewide COVIDRecovery (GOFERR) April 14 ber COVID-19 Byrnes testifies before the Gover19 Financial Impact Survey Su Office for Emergency and NHMA’s Executive DirectorRelief Margaret NHMA release NHMA launches statewide COVID- nor’s (GOFERR) Byrnes Recovery testifies before the Goverber COVID-19 19 Financial Impact Survey nor’s Office for Emergency Relief and Su Recovery (GOFERR)

May 4 May 4

Governor’s Economic Reopening Governors’ Office for Emergency Relief and Governor allocates $32 million of Governor’s Economic Reopening Governors’ Office Emergency Relief and Task Force issues COVID-19 ReoRecovery issues $32for million to municipalities Governor allocates $32 millionrelief of CARES Act funds for municipal May 1 May 4 –related Task Force issues COVID-19 ReoRecovery issues $32 million to municipalities pening Guidance to cover eligible COVID-19 expenses May 4 CARES Act funds for municipal relief pening Guidance to cover eligible COVID-19 –related expenses Governor’s Economic Reopening Governors’ Office for Emergency Relief and May 1 May 4 Governor allocates May 4$32 million of Task Force issues COVID-19 ReoRecovery issues $32 million to municipalities CARES Act funds for municipal relief MayReopening 8 May 13 May 18 Relief pening Guidance toGovernors’ cover eligible COVID-19 –related Governor’s Economic Office for Emergency and May 8 May 18 expenses Governor allocates $32May million13 of Task Force issues COVID-19 ReoRecovery issues $32 million to municipalities CARES forissues municipal relief regarding NHMA coordinates municipal letter to US House of Act funds NHMA guidance NHMA issues guidance regarding enfor pening municipal Guidance letter to US House of to coverNHMA eligible COVID-19 –related expenses NHMA coordinates NHMA issues guidance guidance regarding enfor Representatives leadership calling for robust local COVID-19 Municipal Reliefregarding Fund FAQs mentissues of Stay-at-Home and Re-openin May 8 May 13 May 18 Representatives leadership calling for robust local COVID-19 Municipal Relief Fund FAQs ment of Stay-at-Home and Re-openin funding in next COVID-19 response package funding in next COVID-19 response package NHMA coordinates municipal NHMA issuesMay guidance NHMA issues guidance regarding enfor May 8 letter to US House of 13 regarding May 18 Representatives leadership calling for robust local COVID-19 Municipal Relief Fund FAQs ment of Stay-at-Home and Re-openin funding in next COVID-19 package NHMA coordinates municipal response letter to US House of NHMA issues guidance regarding NHMA issues guidance regarding enfor ment of Stay-at-Home and Re-openin Representatives leadership calling for robust local COVID-19 Municipal Relief Fund FAQs funding in next COVID-19 response package

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

TIMELINE TIMELINE ross New Hampshire and our nation. NHMA is here for you. NHMA TIMELINE ross New Hampshire and our nation. NHMA is here for you. NHMA providing you with continually updated legal and operational guidance TIMELINE providing you with continually updated legal and operational guidance D-19. ross New Hampshire and our nation. NHMA is here for you. NHMA

D-19. providing with continually updatedNHMA legal and operational ross New you Hampshire and our nation. is here for you. guidance NHMA D-19. providing you with continually updated legal and operational guidance D-19. March 23 March 23

um to municipal um to municipal t-to-Know law t-to-Know law

Emergency Order #12—temporary Emergency Order #12—temporary modification of public access to March 23 modification of public meetings under RSAaccess 91-A to meetings under RSA 91-A Emergency March Order #12—temporary 23 modification of public access to meetings under RSA 91-A Emergency Order #12—temporary March 20 access to modification of public March 20RSA 91-A meetings under NHMA issues guidance on paid sick NHMA issues guidance on paid sick leave and the FMLA March leave and the20 FMLA

um to municipal t-to-Know law um to municipal ht-to-Know 20 law

h 20

nicipalities Becoming nicipalities webinar forBecoming members hwebinar for members y20 Technologies y Technologies Becoming hnicipalities 20 webinar for members y Technologies nicipalities Becoming webinar for members 4 yrilTechnologies

NHMA issues guidance March 20on paid sick leave and the FMLA NHMA issues guidance on paid sick leave and the FMLA

April 6 April 6

ril 4

Emergency Relief and Emergency Relief and illion to municipalities y 4 –related illion to municipalities D-19 expenses D-19 –related expenses Emergency Relief and y4 illion to municipalities May 18 Relief D-19 –related Emergency and May 18 expenses illion to municipalities uidance regarding enforceD-19 –related expenses uidance enforceat-Homeregarding and Re-opening May 18and Re-opening at-Home

uidance regarding enforceMay 18 at-Home and Re-opening uidance regarding enforceat-Home and Re-opening

March 31 March 31

State issues guidance on how to conduct emergenEmergency Order #17—closure of nonState issues guidance on how to conduct emergenEmergency Order and #17—closure noncy meetings in compliance with New Hampshire’s essential business requiring of Granite 31COVID-19 March 26 cy meetings in compliance New Hampshire’s essentialStaters business and requiring Right-to-Know lawMarch in light with of concerns to Stay at Home Granite Right-to-Know law in light of COVID-19 concerns Staters to Stay at Home State issues guidance on how31 to conduct emergenEmergency Order #17—closure of nonMarch March 26 cy meetings in compliance with New Hampshire’s essential business and requiring Granite Right-to-Know law inon light of to COVID-19 State issues guidance how conduct emergenStaters to Stay at Home of nonEmergency Order #17—closure March 26concerns March 24 March cy meetings in compliance with New Hampshire’s essential20 business and requiring Granite March 24 March 26 March 20 Right-to-Know lawNHMA in lightissues of COVID-19 concerns Staters to Stay at Home guidance for public NHMA issues guidance regarding NHMA memorandum to Governor NHMAofficials issues guidance for public health regarding communiNHMA issues guidance regarding NHMA memorandum to Governor public meetings and COVID-19 Sununu seeking relief from statutory March 26 health officials regarding communiMarch 24 cable diseases March 20 public meetings and COVID-19 Sununu seeking relief from statutory requirements in light of COVID-19 cable diseases requirements in light of COVID-19 NHMA issues guidance March 26 for public NHMA issues guidance NHMA memorandum March 24 regarding March 20to Governor health officials regarding communipublic meetings and COVID-19 Sununu seeking relief from statutory cableguidance diseasesfor public NHMA issues NHMA issues guidance regarding requirements in light of NHMA memorandum to COVID-19 Governor health officials regarding communipublic meetings and COVID-19 Sununu seeking relief from statutory cable diseases April 10 requirements in light of COVID-19 April 27

Emergency Order #27—restrictions of hotels and er #26—extending Emergency Order #27—restrictions other lodging providers to provision of of hotels lodgingand for er ers#26—extending # 2, 5, and 16 April 6 essential other lodgingpopulations providers toand provision of lodging vulnerable workersfor ril 4# 2, 5, and 16 ers vulnerable populations and essential workers Emergency Order #27—restrictions of hotels and April 6 erril#26—extending 4 other lodging providers to provision of lodging for ers # 2, 5, and 16 vulnerableOrder populations andApril essential workers 20 Emergency #27—restrictions of hotels and er #26—extending April 20 April 20 of lodging for April other 20 lodging providers to provision ers # 2, 5, and 16 NHMAand letter to governor revulnerable essential workers aret NHMA releases results of mem-populations NHMA letter to governor requesting extension of EO#27 aret NHMA releases results of memerber COVID-19 Financial Impact April questing ofprivate EO#27 regardingextension public20 and April 20 erber COVID-19 Financial Impact and Survey regarding public and private campgrounds and Survey NHMA letter to governor reApril 20 campgrounds aret NHMA releases Aprilresults 20 of memquesting extension of EO#27 erber COVID-19 Financial Impact regarding public and private NHMA letter to governor reand Survey aret NHMA releases results of memquestingcampgrounds extension of EO#27 erber COVID-19 Financial Impact regarding public and private for NHMA continues to advocate and Survey campgrounds NHMA continues to advocate for

y4 y4

March 26 March 26

April 10

April 27

State issues memorandum to election officials State (NHDRA) issues guidance regarding State issues memorandum to election officials regarding elections operations during the state State2020 (NHDRA) issues guidance regarding revaluation requirements 10 during the state regarding elections operations ofApril emergency April 27 2020 revaluation requirements of emergency State issues memorandum April 10to election officials State (NHDRA) issues regarding April guidance 27 regarding elections operations during the state April 29 April 29 2020 revaluation requirements April 29of emergency State issues memorandum to election officials April 29 April 29 April 29 State (NHDRA) issues guidance regarding regarding elections operations during the state NHMArequirements issues guidance on EO #25 NHMA letter to governor requesting 2020 revaluation NHMA issues guidance on of emergency issues oninterest EO #25 NHMA letter to governor regarding taxguidance collection, additional action be takenrequesting to support NHMA NHMA issues on acceptance andguidance expenditures April 29 andinterest April 29 regarding tax additional be taken to governsupport abatements, 29 taxcollection, deeds tax liens continued action operation of local acceptance andAssistance expenditures of CARESApril Act by tax deeds and tax liens continued operation ment of local govern- abatements, of CARES Assistance by Local Act Government guidance 29 on EO #25 NHMA letter to governor April 29 requesting NHMA issuesApril NHMA issues guidance on ment April 29 Local Government additional action be taken to support regarding tax collection, interest acceptance and expenditures deeds and tax #25 liens NHMA issuestax guidance on EO continued operation of local govern- abatements, NHMA letter to governor requesting of CARES Act Assistance by NHMA issues guidance on additional actionment be taken to support regarding tax collection, interest Local Government acceptance and expenditures continued operation of local govern- abatements, tax deeds and tax liens of CARES Act Assistance by cities and towns at the state and federal levels, asking questions about issues of ment Local Government

cities and towns at the state and federal levels, asking questions about issues of concerns to local municipalities, and getting answers and guidance for members. During this unprecedented time, concerns to local municipalities, and getting answers and guidance for members. During this unprecedented time, NHMA staff stands ready to assist your city or town, connecting you to essential resources, information, and the NHMA continues to ready advocate for cities at the state andyou federal levels, asking questions about issues of staff stands to assist yourand citytowns or town, connecting to essential resources, information, and the latest news at www.nhmunicipal.org. concerns toat local municipalities, and getting answers and guidance for members. During this unprecedented time, latest news www.nhmunicipal.org. NHMA continues to advocate for cities and towns at the state and federal levels, asking questions about issues of NHMA staff stands ready to assist your city or town, connecting you to essential resources, information, and the concerns to local municipalities, andOffice, gettingour answers and guidance for members. this unprecedented time, In partnership with the Governor’s congressional delegation, the NewDuring Hampshire Office of Homeland latest news at www.nhmunicipal.org. In partnership with the Governor’s Office, our congressional delegation, the New resources, Hampshireinformation, Office of Homeland NHMA staff stands ready to assist your city or town, connecting you to essential and the Security and Emergency Management, the New Hampshire Department of Health and Human Services, the New Security and Emergency Management, the New Hampshire Department of Health and Human Services, the New latest news at www.nhmunicipal.org. Hampshire Department of Revenue Administration, the New Hampshire Department of Safety, Primex, In partnership with the Governor’s Office, our congressional the New Hampshire of Office of Homeland Hampshire Department of Revenue Administration, the delegation, New Hampshire Department Safety, Primex, HealthTrust, and federal agencies, NHMA continues to provide local officials the information need to protect their Security and Emergency Management, thecontinues New Hampshire Department of Health and Human Services, the their New HealthTrust, and federal agencies, NHMA to provide local officials the information need to protect In partnershipand withoperations. the Governor’s Office, our congressional delegation, the New Hampshire Office of Homeland municipalities Hampshire Department of Revenue Administration, the New Hampshire Department of Safety, Primex, municipalities and operations. Security and Emergency Management, the New Hampshire Department of Health and Human Services, the New HealthTrust, and federal agencies, NHMA continues to provide local officials the information need to protect their Hampshire Department of Revenue Administration, the New Hampshire Department of Safety, Primex, municipalities and operations. HealthTrust, and federal agencies, NHMA continues to provide local officials the information need to protect their municipalities and operations.

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

Editor’s Note: We would like to thank the Town of Londonderry for sharing its re-opening plan with us. We felt it was a good template for others to consider.

Londonderry Town Hall Plan to Re-Open to the Public Town of Londonderry, New Hampshire Kevin H. Smith, Town Manager Lisa M. Drabik, Assistant Town Manager May 26, 2020 We hope you and your family are well and have managed to stay healthy during the COVID-19 pandemic. The Town has developed the following “re-opening” plan, which will enable the safe re-opening of Town Hall as follows in concert with public health guidelines as of: Monday, June 15, 2020 (PUBLIC WALK-INS to the Clerk/Tax Collector’s Office) All Other Departments BY APPOINTMENT ONLY (until further notice) NOTE: In order to minimize foot traffic in Town Hall, to maximize social distancing and to reduce the risk of exposure to both residents and employees, we strongly encourage residents to continue to make use of our online tools and “How To” documents which can be accessed online at any time via our website: www.londonderrynh. org. Simply navigate to the applicable Department page for a complete list of “How To” complete various online transactions. To accommodate re-opening the building and in conjunction with our Emergency Management Director, we have developed the following Standard Operating Procedures (SOPs) which will be in effect until further notice. These practices are based upon public health guidelines, and are designed to keep both our employees and the public safe. Please note that certain departments may need to adapt procedures specific to their facilities and services. We will learn, adjust and adapt as we move forward, and ask for your help and patience during this time. Process/Facility Adaptation Prior To Reopening The following shall be in place for the re-opening of Town Hall: 26

NEW HAMPSHIRE TOWN AND CITY

• Town Hall has been sanitized, and will continue to be thoroughly cleaned every evening. • Hand sanitizer stations have been established throughout the building, and members of the public are asked to use such hand sanitizer prior to entering any Department. • Plexiglass guards have been installed at all customer service counters. • Prior to reporting back to work, employees will let supervisors know if they need a cloth mask, and cloth masks will be provided to employees that need them. • When possible, workstations will be separated by at least six feet. Wherever needed, 6’ demarcations will be added to areas where people often wait for service. • To the extent possible, we will maintain only one public entrance to Town Hall (via the back parking lot), where masks and hand sanitizer will be available to the public. • The back stairwell (near the break room/Finance Department) shall be reserved and demarcated for employee (and emergency) use only. • All visitors to Town Hall must wear masks. Signage for the public entrance will be posted which includes the following information: Employee Reopening Protections I. Monitor Your Health Employees must be vigilant in monitoring their health, and those who are sick or not feeling well must stay home. Possible symptoms of COVID-19 include: • Fever • Respiratory symptoms such as runny nose, sore throat, cough, or shortness of breath www.nhmunicipal.org

ATTENTION ALL VISITORS: For your health and the health of others, we require that you use HAND SANITIZER AND WEAR A CLOTH FACE COVERING while in the building. If you do not have a face covering, a cloth face mask will be provided to you. Visitors without face coverings will not receive service from Town employees. We want all Town employees and visitors to feel as safe as possible. If you are not feeling well, we ask that you refrain from entering the building and instead make use of our online services which can be found at www.londonderrynh.org or call 432-1100 for assistance. Thank you, in advance, for your patience and cooperation.

• Flu-like symptoms such as muscle aches, chills, and severe fatigue • Changes in a person’s sense of taste or smell Prior To Leaving Home Each Day, employees should ask themselves the following 5 questions: 1. Have I been in close contact with a confirmed case of COVID-19? 2. Do I have a fever of 100 degrees Fahrenheit (100.0° F) or above (please take your own temperature every morning at home, and if you are unable to do so, we have touchless thermometers available at Town Hall) or have I felt feverish (chills, clammy) in the last 72 hours? 3. Am I experiencing any new respiratory symptoms including a runny nose, sore throat, cough, or shortness of breath? 4. Am I experiencing any new muscle aches or chills? 5. Have I experienced any new change in your sense of taste or smell? If the answer to any of these questions is YES, the employee should STAY HOME, and notify their supervisor www.nhmunicipal.org

and HR via phone, email or text. HR will then assist you with getting a test, evaluating your return to Town Hall, and the application of our leave policies. II. Adherence to CDC and State of NH Public Health Guidelines Cloth Face Coverings (hereinafter “MASK”) • An employee must don a mask any time you are unable to maintain a 6’ distance between you and your co-workers and/or someone from the public. • Care should also be taken when putting masks on and taking them off; for example, hands should be washed or disinfected prior to putting a mask on and taking one off. • While in an office with closed doors or working alone or at distance from other staff, masks can be removed. Masks must be worn in hallways and common areas. • Care should be taken to keep your mask clean and uncontaminated.

Avoid Or Minimize Face-To-Face Contact When Possible • Unless it is necessary for face-toface contact when responding to an inquiry from the public, please respond via telephone or email. Please refrain from communicating with the public via text because the Town is subject to Right-to-Know requests and retrieving texts may require inspection of an employee’s telephone. • Unless it’s necessary for face-toface contact with co-workers, consider a phone call or email, even if your offices/workspaces are next to each other. • If an in-person conversation occurs, remain at their door if applicable or maintain a 6’ distance whenever possible, and if not possible, you must wear a mask (for example, if you are picking up mail or other documents in the clerks’ office space, dropping off items to individual desks, etc.). • Maximum use of electronic meetings shall continue until further notice. Employees should avoid congregating in any area of all facilities unless social distancing can be maintained. • Staff should stagger breaks and maintain social distance (6’) and when possible, breaks should be taken separately. • Employees should continue to encourage and help the public to use on-line resources to the maximum extent, and to the extent possible, work to minimize the time spent conducting in-person transactions with the public and each other (e.g. keep non-task-related conversation to a minimum). Continue To Practice Good Hand Hygiene And Other Cleaning • Continue to practice good hand hygiene, washing your hands often, especially after using J U LY / A U G U S T 2 0 2 0

LONDONDERRY from page 27 shared equipment, and try to avoid touching your face, nose or mouth. • Practice good respiratory etiquette. This includes coughing and sneezing into a tissue or your elbow rather than into your hands. • Although we employ a cleaning crew in the evening, employees should conduct regular cleaning of shared surfaces and shared equipment during the day. Employees are responsible for wiping and disinfecting touch surfaces in their vehicles, equipment and office space as well as shared equipment in common spaces, i.e. copies, printers, kitchens. When in doubt, wipe it down. Clean-

ing supplies will be located in common areas. If you cannot find them, please ask your supervisor for assistance. Be Prepared And Be Flexible • Supervisors have been instructed

to plan for potential COVID cases in the event we experience higher than usual absenteeism. This may include rotating groups of employees to work from home/ work on-site, so we ask for your continued flexibility regarding work arrangements. • Please keep in mind that these protocols will be in place until further notice. We thank you in advance for your cooperation – working together, we hope to have a safe and healthy re-opening to the public. Again, please note that departments may need to adapt procedures specific to their facilities and services. Do not hesitate to contact us if you have any suggestions as to how we may help to keep our employees and residents safe and well!

SAVE SEPTEMBER for

2020 Budget & Finance Virtual Workshop NHMA will hold its Budget & Finance Workshop in September as a virtual workshop to ensure the safety of attendees as COVID-19 remains a serious public health threat.

We are committed to restructuring this annual event to deliver professional training and education to our members on timely and relevant issues. Register this summer to attend this fall workshop from the comfort of your own home or office.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

CITIES ESSENTIAL AMERICA’S CITIES NEED AID NOW

LOCAL GOVERNMENTS HAVE BEEN SUPPORTING THEIR RESIDENTS THROUGH THIS PANDEMIC:

70% of Americans

It’s time the federal government supported our local leaders.

believe the federal government is directly responsible for helping local governments recover from the coronavirus pandemic

Municipalities need federal aid now. SUPPORT FOR FEDERAL AID TO LOCAL GOVERNMENTS IS BIPARTISAN, NATIONAL AND SPANS DEMOGRAPHICS.

REPUBLICAN

AFFILIATION:

INDEPENDENT

DEMOCRAT

71%

68%

AGE:

MILLENNIAL

Americans agree.

88%

72%

66%

GEN X

BOOMERS

73%

of Americans

are concerned that coronavirus is going to drastically affect their local economy

West

REGION:

68%

Midwest

69%

Northeast

69%

South

73% Nearly 100% of cities with populations above 50,000 will see a revenue decline this year.

Not only are Americans worried about the economy:

45%

Between 300,000 and 1 million public-sector workers could be laid off or furloughed

APPROVE OF LOCAL GOVERNMENT

are concerned that this pandemic will directly impact their jobs.

More Americans agree the way their local government is handling the spread of COVID-19 is better than how Congress is. APPROVE OF CONGRESS’ HANDLING

73%

77% Republican

Registered voters

49%

54%

73%

68%

50%

40%

Registered voters

Democrat

Independent

Democrat

Republican

Independent

Methodology: This data is based off review of census and municipal salary data, and secondary research from the National League of Cities that extrapolated public statements, records and news articles on municipal layoffs and furloughs. Methodology: A total of 2,463 cities, towns and villages responded to the survey, with final responses received on April 7, 2020. 2,191 of the cities are under 50,000 population; 181 are between 50,000 and 199,999; 56 are between 200,000 and 499,999; and 35 have a population of 500,000 and above -- a group that includes 19 of the nation’s 20 largest cities. The survey cities represent 57% of the nation’s municipal finance sector and 10% of its municipal governments. Their population totals 93,015,252, which is 28% of total U.S. population. *SURVEY DATA BY MORNING CONSULT Methodology: This poll was conducted between April 24-April 26, 2020 among a national sample of 1984 Registered Voters. The interviews were conducted online and the data were weighted to approximate a target sample of Registered Voters based on age, educational attainment, gender, race, and region. Results from the full survey have a margin of error of plus or minus 2 percentage points. **SURVEY DATA BY MORNING CONSULT + POLITICO Methodology: This poll was conducted between April 24-April 26, 2020 among a national sample of 1991 Registered Voters. The interviews were conducted online and the data were weighted to approximate a target sample of Registered Voters based on age, educational attainment, gender, race, and region. Results from the full survey have a margin of error of plus or minus 2 percentage points. https://morningconsult.com/2020/04/29/coronavirus-funding-poll-state-local-governments/

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

Tech

Insights By John Hey

What Does a Long-Term Remote Work Strategy Look Like?

ost of us are forced into trying it now. Many of us are intrigued by the idea of it even after quarantine. But what does a long-term remote work strategy really look like? Too often we’re offered a remote work blueprint from highly successful tech companies like Google, Shopify, and Amazon. But what is possible for local government? Is there a simpler version of the expansive technology toolsets employed by these companies full of technologically savvy employees? Can my law firm, health care practice, municipality, fill-in-the- blank realize benefits from remote work with a strategy that fits us? VC3 thinks the answer can be yes! A strong culture and clear organizational goals influence the ability to create a simple and effective technology plan that moves you towards supporting a thriving remote workforce.

Higher Interest in Remote Work As we’re hearing more questions about remote work from our clients, we’re also seeing compelling data from the market and VC3 employees: 3 out of 4 CFOs surveyed indicated they will take action to move more of their employees to remote work. ~ Gartner 42% (up from 25% in 2015) stated they are making a more flexible workplace a priority. ~ Center for State and Local Government Excellence 20% of VC3 employees want to work from home all the time 60% of VC3 employees want to work from home at least 3 days per week The interest is clear which indicates there must be something behind the curtain. But what is the value?

Remote Work Value The Business Benefits to Adopting A Remote Work Strategy The true benefits to your organization can, of course, vary depending on your set of circumstances. However, here are a few that seem to be more common and backed up by data. 30

NEW HAMPSHIRE TOWN AND CITY

Save Money • Lower Office Costs - You need less office space when you have fewer employees in the office. Real estate cost savings for the organization can vary widely based on market and size, but it also has wide-ranging implications. You’re spending less on desks, chairs, mugs, cups, coffee, office supplies, and so on. You can plug some numbers into this online calculator to get a rough idea of your cost savings as a fun exercise. • Lower Employee-related Costs – Remote work has shown an ability to reduce employee absenteeism and lower turnover. Increase Productivity • Employee productivity can increase – one study found an increase of 4-5% and another found 35-40%. It makes sense that this benefit can depend on the type of role and organization. Improve Employee Benefits • Broader Hiring Pool - You can more easily hire employees from out of state, around the country, or around the globe when the pressure to be in the office no longer exists. • Employees Save Money - Cost savings for the employee can be as much as $5,000 as they save money on everything from eating lunch out to gas to dry cleaning. • The potential benefits are compelling, which is, of course, driving this renewed interest. But does your organization have the culture to realize those benefits?

Remote Work Culture Understanding Your Culture and It Might Support Remote Work Much of the literature on remote work at some point shares this: you need a strong culture. How do we keep our employees engaged and enthusiastic about where the organization is going? It can be easier in an office setting to achieve culture by osmosis. Simply being there creates an opportunity for crossdepartmental conversations and cohesion around the coffee pot. So, how do we recreate some of the atmosphere and value of an office in a remote world? www.nhmunicipal.org

Here are a few examples VC3 actually uses and finds valuable to support remote employees:

approach. Test the waters with a pilot group of employees without breaking the bank or torpedoing operations.

in your cybersecurity plan, but each becomes even more important with remote employees:

• A carefully considered and easily accessible vision, mission, and organizational goals;

Here are the technology categories you’ll need to consider:

• A monthly all-hands meeting to keep everyone updated on our company’s progress; • Employee scorecards with 1-3 key performance indicators to maintain performance clarity; • A widely adopted chat tool where employees discuss projects, share kudos, and have fun together. Ultimately, an organization must identify new communication channels and create new norms; to increase clarity and keep teams in sync, it’s helpful to adopt data-driven methods of measuring output and performance; and ensuring employees have a safe, simple, and sometimes anonymous feedback loop to leadership is vital. And some organizations may not have or want the culture to support remote work. It’s not always a good fit and it’s important to understand your organization’s and employees’ appetite for remote work early on. You’ll notice in the few examples we shared that technology is present, but not at the forefront. However, to implement these culture changes and enable remote employees, you might need a few new technology tools.

Remote Work Technology Setting Your Employees Up for Success with the Right Tools and Processes A glance at those highly successful tech companies we mentioned earlier may make you feel like you must invest heavily in all new technology. Thankfully, that doesn’t have to be your course of action. It may be wise to take a crawl, walk, run www.nhmunicipal.org

Remote Access To crawl, you really need this one. Employees must be able to easily access all applications, documents, and data required to perform daily tasks. Cloud technology becomes your best friend. Communication Not only will you need a video call platform like Microsoft Teams or Zoom, but you’ll also need a computer, camera, and audio equipment to support those video calls. You also should look into a group chat tool like Slack or Microsoft Teams. This allows for quick, structured work conversations as well as some needed fun conversations for team building. Project Management and To-Do Lists Visibility is crucial to keeping everyone in sync. Digital tools are a great way to achieve that visibility with options like Microsoft Planner, Basecamp, and others you can keep track of tasks and projects. Data-driven Performance Management Keeping the visibility theme going, it’s a great idea to create a series of metrics for each employee or role. These metrics allow for managers and leadership to measure output and performance in lieu of measuring the input of an employee’s time at his or her desk. Beyond creating this employee scorecard, it’s helpful to have an online visual dashboard that shows real-time progress on these metrics. Such a dashboard is now far more in reach for most organizations with a tool like Microsoft’s Power BI. Cybersecurity Supporting a remote workforce does bring to mind some new cybersecurity challenges that need to be overcome. Hopefully, the following are already

• protecting remote access, • careful user management controls, • employee awareness training, and • minimum home requirements for network security and patches.

Putting it All Together Offering remote work is not a simple project nor should it be a decision reached lightly. You have to consider your business goals, organizational culture, and technology toolset. You are best positioned to understand your organization and culture. Start by asking yourself if your culture is the right fit and then assess where you stand as it relates to technology. This can help you determine if the time is right to explore this idea further. About John Hey John Hey has multiple layers of executive experience spanning more than twentyseven years. In this time, John has built and guided high performing teams with a focus on world-class service delivery and consistency. In his current role as Chief Strategist at VC3, one of the leading Managed Service Providers in the country, John helps facilitate acquisitions, inform cybersecurity, and serves on the Leadership Team to bring his experience to bear on corporate strategy. John is deeply passionate about culture, diversity and continuous learning. John holds CISSP, CBCP, ITIL and Lean Six Sigma Yellow Belt certifications. About VC3 VC3 is a leading managed services provider focused on municipal government. Founded in 1994 with offices across the east coast, VC3 forms partnerships with municipalities to achieve their technology goals and harness their data. In addition to providing comprehensive managed IT solutions, VC3 offers cybersecurity, website design, custom application development, and business intelligence services. Visit www.vc3.com to learn more. J U LY / A U G U S T 2 0 2 0

Legal

Q and A Money, Money, Money By Natch Greyes, Municipal Services Counsel

n February, I sat through a state Senate hearing where the State Treasurer described a rosy financial picture for New Hampshire in 2020 and 2021. In March, Covid19 came to our state. To say the financial picture changed drastically is an understatement. Municipalities across the state suddenly found themselves rushing to acquire scarce personal protective equipment for exorbitant prices as well as financing significant upgrades in technology and technological infrastructure to enable officials and employees to stay at home while keeping municipal government open. This issue’s legal Q&A is about money and where to find it. It is a supplement to the excellent article written by recently retired Government Finance Advisor Barbara Reid that appears elsewhere in this edition of Town and City. At the time of this writing, it is hard to know how exactly to advise you because our deadlines are several months before you will be reading this article. Undoubtedly, a fifth – and potentially sixth, seventh, and eighth - federal stimulus bill has been proposed and debated by the time you are reading this issue. While we know from our communications with the National League of Cities and our federal delegation, there is big interest in shoring up municipal finances, we’re still in the very early stages of any such legislation, so it is impossible to know what has been adopted. Fortunately, we do know that we will continue to provide information on NHMA’s Covid-19 Resources Page: https:// www.nhmunicipal.org/covid-19-resources. We have been keeping on top of the state and federal dollars slowly making way to our members, and advocating for monies for our members. To date, we have been instrumental in securing millions in funding for our members, and I am sure that by the time this is over, we’ll be instrumental in securing millions more. We have been updating our members through various channels, including our Covid-19 Resources Page, as we are successful in obtaining funding and providing guidance on the rules for that funding as it is issued from state and federal authorities. 32

NEW HAMPSHIRE TOWN AND CITY

Q. What types of federal and state dollars are available? The CARES Act provided some of the first funding which became accessible to municipalities. Some of that funding, such as the “Ambulance Money,” became available through direct deposit into municipal bank accounts from the U.S. Department of Health and Human Services. Most of that money, including the state-administered “Municipal Relief Fund,” required some action to obtain it. Regardless of the method by which the money was obtained – direct deposit or through grant or loan application – governing bodies need to be sure that they follow the appropriate statutory guidance to ensure that they properly accept and expend the money. Q. What statutes do we need to be familiar with? At this point, all municipalities must be familiar with the provisions of RSA 21-P:43 and RSA 31:95-b. RSA 21-P:43 provides that when “services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management” are offered to a “political subdivision,” i.e. municipality, the municipality “acting through its executive officer, city council, or board of selectmen, may accept such offer, subject to its terms.” That statute does not have a public hearing requirement, unlike RSA 31:95-b, the default statute for accepting and expending “unanticipated revenue.” The provisions of RSA 31:95-b technically only applies to towns, but, as was the case with the $40 million in “Municipal Aid” that NHMA advocated for and was included as part of the biannual budget last year, it is conceivable that state law may authorize the utilization of the provisions of RSA 31:95-b, whether or not the municipality has adopted that statute. In that case, we would recommend that cities also follow the requirements in that statute by holding a public hearing on www.nhmunicipal.org

the proposed use of the municipal aid. Q. Are there any deadlines that we know about now which we need to mark in our calendars? Yes! The initial allocation of $32 million for the “Municipal Relief Fund” contained several dates which are important for municipalities to note. Specifically, municipalities had to apply for the available funds in accordance with the following deadlines: • By June 1, 2020, for eligible expenses incurred from March 1, 2020, to April 30, 2020; • By July 15, 2020, for eligible expenses incurred from May 1, 2020, to June 30, 2020; and • By September 15, 2020, for eligible expenses incurred from July

1, 2020, to August 31, 2020. If a municipality fails to submit a request by the applicable deadline, a reimbursement payment for expenses incurred during the applicable time period will not be made. Most importantly, however, municipalities must estimate their Covid-19 related expenses for the remainder of the calendar year (September 1, 2020 – December 31, 2020) and submit those estimates to the Governor’s Office for Emergency Relief and Recovery (GOFERR) by September 15, 2020. We know that those estimates will determine whether further funding for municipalities will be allocated through GOFERR from the $1.25 billion allocated to the State of New Hampshire from the U.S. Treasury’s Coronavirus Relief Fund. Therefore, NHMA is encouraging all municipalities to prioritize submission of those

estimates to GOFERR to ensure that the municipal need for further funding is well documented and NHMA has a good basis to advocate for that funding. Q. How soon before any deadlines should we be pulling together the information and allocating it to specific funding sources? The best course of action is probably to wait to make determinations about what funding sources should be utilized for specific expenses until as close-as-possible to the deadline. The reason for this is that the federal guidance and, to some extent, the state guidance on funds has changed over time in response to advocacy efforts. For example, on May 19, 2020, the federal government clarified that states and local governments may use Coro-

PROBLEM SOLVING It’s our strong point

civil & environmental engineering www.underwoodengineers.com www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

MONEY, MONEY, MONEY from page 33 navirus Relief Fund (CRF) dollars, provided under the CARES Act, to pay for FEMA’s cost share requirements under the Stafford Act. Previously, the guidance from the federal government had expressly prohibited such use of CRF dollars. This new guidance will allow for 100% of federal coverage for FEMA-eligible expenditures up-to the amount allocated to each governmental entity through the CARES Act. Q. What funding should a municipality apply for first if there are multiple state and federal sources that appear to provide overlapping funding? Ultimately, that is a local decision. NHMA understands that COVID-19 funding and reimbursement processes are confusing, and in some cases seem to be a Catch-22 in terms of what to apply for first, and we are working closely with state and federal officials and state agencies to try to gain clarity as the rules for existing funding sources are amended and new funding sources become available to help all of our members receive all of the federal funding that is made available to address the municipal costs associated with COVID-19. Generally, municipalities should closely track expenses and reimbursements, and maintain supporting documentation necessary for audit purposes. They should keep careful track of any deadlines, such as the ones listed above, and ensure that decisions are made regarding applying for funding from sources as those deadlines come up, and we would encourage governing bodies to think strategically about funding sources, including the likelihood of further funds come from that source and the potential use of over34

lapping funds available from other sources. Last, ensure that the tracking of expenses and reimburses includes an option to ensure that “doubledipping” through seeking reimbursement of the same costs from multiple sources does not occur. Doing so, even inadvertently, can result in the suspension of eligibility to receive further funding, including, in the case of the federal government, funding which is unrelated to Covid-19 expenses. Q. If our municipality has taken advantage of all state and federal funding, as well as any private funding that has been offered to us, but we’re still looking to cover some expenses, what other dollars might be available? Municipalities should be careful to examine whether there may be emergency funding available at the local level through a contingency fund established pursuant to RSA 31:98-a. Contingency funds often have broad mandates that allows them to be expended by the governing body for emergency expenses. Such funds are an annual creation of the legislative body via a separate warrant article. They may contain up-to 1% of the amount appropriated by the town for town purposes during the preceding year excluding capital expenditures and the amortization of debt. RSA 31:98-a requires that when the governing body expends any funds from that contingency fund, it must keep a detailed accounting of any expenditures.

v. Hampton, 153 N.H. 690 (2006). However, select boards must keep in mind that some allocations of money by town meeting cannot be changed by the select board, such as funding capital reserve funds, compensating elected officials at the amount set by town meeting, or providing the library trustees with the funds allocated by town meeting. Q. Is there anything else we should do to ensure that we are “kept in the loop” as funding sources become available? Municipalities should pay attention to NHMA’s communications and our Covid-19 Resources Page: https:// www.nhmunicipal.org/covid-19-resources. We will continue updating our members as funding sources become available. We will also be providing guidance on funding – and everything else Covid-19 related – as issues arise and municipalities ask us questions. Natch Greyes is Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@ nhmunicipal.org.

Unfortunately, not all municipalities have a contingency fund. Therefore, governing bodies may be stuck looking to their transfer authority under RSA 32:10 to shift money to where it is needed. This authority cannot be restricted by town meeting (including special town meeting). McDonnell v. Derry, 116 N.H. 3 (1976); Sullivan

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Has Your City or Town Ordered NHMA’s Right-to -Know Law Book Yet? Order Today

If not, it’s time to order NHMA’s new reference guide for public officials when confronted with the numerous legal issues surrounding New Hampshire’s Right-to-Know Law.

“Must-have” reference guide for every city and town !

Only $55 for Members $95 for Non-members

e ernm oov g w La n w e n p Right-to-K omo pshire’s ide Nt ew Ha a gu

MUST HAVE

Includes Top Ten Compliance Tips Public Meeting & Governmental Records Posters Is it a Meeting Flow Chart Remote Participation Checklist And More!

The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state. Every board, committee, commission, and sub-committee in every town, city and village district in New Hampshire must comply with this law. As a result, all local officials and employees must understand the law and their responsibilities regarding both public meetings and governmental records.

Go to NHMA’s online store at www.nhmunicipal.org/shop to order your reference copy today!

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

The

REPORT

Workplace Safety in the COVID-19 Era By Mark T. Broth, Esq. and Anna Cole, Esq.

ver the past several months, our nation has seen a drastic shift in “normal” life and commerce. While many private entities have transitioned to a workfrom-home model in an effort to protect their employees, much of the work performed by our dedicated public servants must be done in person – the police department continues to patrol, the fire department continues to respond to calls, the highway departments continue to maintain our roads, the transfer station continues to process recycling and refuse, the building inspector continues to review and authorize construction, the code enforcement officer continues to enforce our local regulations – the list could go on and on. As public employees continue to report to work, our municipalities are required to comply with best practices – ever changing as they may be – to provide their employees with a safe work environment. As outlined in New Hampshire’s workers’ compensation statute, “[s]afe employment includes but is not limited to furnishing personal protective equipment, safety appliances and safeguards; ensuring that such equipment, appliances, and safeguards are used regularly; and adopting work methods and procedures which will protect the life, health, and safety of the employees.” This obligation has become front and center in the wake of the coronavirus pandemic. The meaning of “safe” work practices is heavily dependent on the context for the work being performed. The personal protective equipment needed for police or fire personnel who must enter a private home is different from the equipment needed to make your dispatchers safe at the department. Where feasible, many of our towns, cities, and counties have expanded their telecommuting policies to allow more employees to perform their work remotely. When this is not possible, public employers have adopted safe work practices consistent with federal and state guidance such as social distancing measures, use of personal protective equipment such as masks, and robust disinfecting routines for common use areas and employee workspaces. Once established and communicated to staff, these safe work practice policies and rules should be mandatory. Simply put, PPE and other safe work practices keep others safe from you. No employee has the right to engage in workplace behaviors that puts 36

NEW HAMPSHIRE TOWN AND CITY

the health and safety of other employees at risk. Employers have the right and the legal obligation to adopt and enforce policies intended to keep employees safe. Employees should understand that failure to comply with reasonable safety policies will result in discipline up to and including termination. In addition to instituting safe work practices for their employees, public employers should consider extending the culture of safety to those individuals who come on Town property. Consider the community function of Town spaces and establish protocols that help your citizenry want to cooperate with the safety measures established on Town property – consider signs such as “Our employees are taking care of you – help us take care of them and: * stay back at least 6 feet * hold necessary documents up to the plexi-glass *wear a mask, etc.” or “Help keep us open – Please: . . .” The goal is to help the public remember that all Town employees have been identified as essential workers who have carried out their duties throughout this crisis. The public can show their appreciation for the efforts of these individuals by enduring the minor inconvenience of social distancing and PPE while interacting with Town employees. As we continue to adjust to the changing landscape of the pandemic, employers must remain informed on the most up-to-date best practices as recommended by the CDC, DHHS, and other state and federal agencies. Your policies should include a nimble process to allow modification of safe work practices as the guidance changes in light of new information. Mark Broth and Anna Cole are members of Drummond Woodsum’s Labor and Employment Group. Their practice focuses on the representation of private and public employers in all aspects of the employer-employee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2020 Drummond Woodsum. These materials may not be reproduced without prior written permission.” www.nhmunicipal.org

Basic Loan Requirements: • Bond issue approved by governmental entity

The Bond Bank’s Next Bond Issue will be on July 14, 2020 January 2020 Bond Sale Results - True Interest Cost for: 10 year loans 1.47% 15 year loans 1.83% 20 year loans 2.15%

Are you planning a capital project for 2021? We can assist you with your planning by providing various scenarios based on level debt or level principal payments for different terms. Contact us now for your estimated debt schedules.

• Completed application approved by Bond Bank Board • Audit by CPA firm • Local bond counsel opinion

To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs, and current interest rates, please contact Tammy J. St. Gelais, Executive Director, at tstgelais@nhmbb.com. Visit our website at www.nhmbb.org. Lebanon Middle School, Lebanon, NH

REPRESENTING MUNICIPALITIES Basic Loan The Bond Bank’s Next Bond Sale Issue Labor & Employment Requirements: will be onLand JuneUse 5, 2018 January 2018 Bond Sale Results True Interest Cost for: 5 year loans 2.00% 10 year loans 2.16% 20 year loan 2.86%

• Bond issue approved Environmental Law Administration & Finance

by governmental entity Are you planning a capital project for 2018? Bankruptcy Assessment,• Abatement Completed application approved by Bond and Tax Collection

We can assist you with your planning by providing various scenarios based on level debt or level principal payments for different terms. Contact us now for your estimated debt schedules.

Bank Board

• Audit by CPA firm • Local bond counsel opinion

SHAPING THE LEGAL LANDSCAPE OF NEW HAMPSHIRE FOR OVER 100 YEARS Concord 603.224.7791

Hillsborough 603.464.5578

Peterborough 603.924.3864

Portsmouth 603.436.7046

To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs,law@uptonhatfield.com and current interest rates, please contact Tammy J. St. Gelais, Executive | www.uptonhatfield.com Director, at tstgelais@nhmbb.com. Visit our website at www.nhmbb.org.

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

This segment is another in a series highlighting NHARPC’s efforts to provide education on planning-related topics.

Regional Planning in a Time of Crisis By James Burdin, AICP, Senior Economic Development Planner, Strafford RPC; Jen Czysz, AICP, Executive Director, Strafford RPC, and Michelle Moren-Grey, Executive Director, North Country Council.

ew Hampshire’s Regional Planning Commissions (RPCs) are in a unique position to serve our communities in times of crisis. RPCs develop and have long standing established relationships with federal, state, and local partners throughout our normal planning and work programs that allow us to pass information between these separate levels of government in times of need. Our familiarity with federal and state funding programs allows us to connect our communities to funding opportunities. Throughout the state, RPCs regularly assist municipalities with hazard mitigation planning funded by NH Homeland Security and Emergency Management (HSEM) and the Federal Emergency Management Agency (FEMA). Additionally, they provide grant-writing and administration services for Community Development Block Grants through NH Community Development Finance Authority (CDFA) and leverage US Economic Development Administration (EDA) funding for economic development planning on behalf of their communities and regions. In response to the rapidly changing COVID-19 crisis RPCs are available to provide technical assistance directly to municipalities that can build your capacity for grant writing, data analysis, policy development, information sharing, and facilitating public conversations.

online, MightySmall allows people to continue to find and connect with small businesses in their community within a digital space. MightySmall also has a resource guide for businesses looking for information about how to build their web presence.

Strafford Regional Planning Commission staff has been partnering with local small businesses and municipal economic development officials to develop MightySmall.io, a digital downtown platform for promoting small businesses through COVID-19. The site connects consumers directly to local small businesses, who can share information about the services they will be providing in response to evolving public health guidelines and emergency orders. As businesses shift a larger share of their activities

RPCs also have a formal role in the application process for certain types of federal funding. If your RPC has a Comprehensive Economic Development Strategy (CEDS), that plan will include list of regional economic development projects, as will regional transportation plans. Adding your projects to these lists may make them more competitive for certain types of federal funding, and communicating regularly about your upcoming project and funding needs can help your RPC to develop a pipeline of eligible

NEW HAMPSHIRE TOWN AND CITY

Southwest Region Planning Commission, Rockingham Planning Commission, and Strafford Regional Planning Commission have been convening regular teleconferences to connect their communities to information and resources in response to COVID-19. Southwest Region Planning Commission hosted a session featuring staff from NH CDFA and their congressional delegation to answer questions about the federal Paycheck Protection Program, NH CDFA’s Non-Profit Relief Fund, and other business resources helping to sustain businesses. Strafford Regional Planning Commission led a discussion for municipal economic development staff to share ideas and best practices for restaurants planning to reopen under the Governor’s physical distancing 2.0 plan. All nine RPCs have also partnered with the Secretary of State’s office to compile a list of New Hampshire businesses for the purpose of sharing information and providing free technical assistance. Contact your RPC for more information about how you can reach businesses in your community.

www.nhmunicipal.org

projects or to assist with identifying and applying for funding when sources become available. For example, North Country Council provides pre-project coaching sessions specific to Northern Borders Regional Commission funding, which is available to communities in Belknap, Carroll, Cheshire, Coos, Grafton, and Sullivan Counties. As COVID-19 is presenting new challenges for municipal operations or disrupting existing programs, RPCs can work with you to identify needs, estimate the cost of that need, and identify funding sources that will support implementation of new programs. COVID-19 has had a profound impact on many activities that we take for granted in our daily lives. As circumstances continue to evolve, RPCs are working with a variety of state and regional partners to research unan-

swered questions about future impacts to our communities. Coming into 2020 the housing market was extremely tight, and it is not yet clear how the economic impacts of COVID-19 will extend to the availability and affordability of housing. Tourism and outdoor recreation activities, from beach re-openings to leaf-peeping to ski season, will depend on both the reality of public health conditions and public perception of safety and economic conditions Special planning may be necessary to support and prepare a variety of industries for the coming months. School districts and summer recreation programs are making difficult decisions about how to structure their activities for the summer and fall. The impacts of these and other childcare decisions will trickle into the mainstream economy as parents are forced to balance the needs of their

WEDNESDAY, NOVEMBER 18, 2020 THURSDAY, NOVEMBER 19, 2020

families with their need or ability to return to work. Each of these scenarios is constantly evolving, and we must continue to find answers to these questions at the state, regional, and local levels if we are to reopen our communities safely and successfully. RPCs can provide the broad knowledge of planning topics and network of state and regional partners to build capacity at the local level. Reach out to your RPC to learn more about how you can plan for changing conditions in your community. Strafford Regional Planning (James Burdin, AICP, Senior Economic Development Planner, lead author; and Jen Czysz, AICP, Executive Director) and North Country Council (Michelle Moren-Grey, Executive Director)

SAVE these DATES! NHMAâ&#x20AC;&#x2122;S 1ST VIRTUAL CONFERENCE

79TH Annual Conference and Exposition The New Hampshire Municipal Association Annual Conference is an opportunity for elected and appointed municipal officials and staff to enhance leadership skills, learn from municipal experts, share ideas with peers, discuss strategies, and hear and learn about the latest in products and services designed for municipal governments. Donâ&#x20AC;&#x2122;t miss this opportunity to learn, network and share!

REGISTRATION TO OPEN IN SEPTEMBER

QUESTIONS? Call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org.

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

COVID-19 – Please Contact New Hampshire's Congressional Delegation The National League of Cities (NLC) and other national organizations are advocating for a fourth stimulus package to support local governments and seeking flexibility in the guidelines as to how municipalities and states can use Coronavirus Relief Funds. Municipalities need to have flexibility to use these federal funds to offset the tremendous loss of revenue to cities and towns due to COVID-19. Please contact New Hampshire’s congressional delegation to support the “Coronovirus Community Relief Act” and continue discussions with federal officials to provide maximum flexibility to municipalities and states about the use of these funds allocated to address COVID-19, especially to allow the use of these funds to replace lost revenues. Please emphasize to members of our Congressional Delegation that all municipalities should receive funds based on a per capita distribution, not just those with a population of 500,000 and more. New Hampshire does not have any cities with a population of 500,000; only one city in our state has a population greater than 100,000. Honorable Jeanne Shaheen - https://shaheen.senate.gov Manchester Office - 2 Wall Street, Ste 220, Manchester, NH 03101 (603-647-7500) Washington DC Office - 506 Hart Senate Office Bldg, Washington, DC 20510 (202-224-2841) Honorable Maggie Hassan - https://hassan.senate.gov Manchester Office - 1589 Elm Street, 3rd Floor, Manchester, NH 03101 (603-622-2204) Washington DC Office - 330 Hart Senate Office Building, Washington, DC 20510 (202-224-3324) Honorable Ann McLane Kuster - https://kuster.house.gov Concord Office - 18 North Main Street, Concord, NH 03301 (603-226-1002) Washington DC Office - 137 Cannon House Office Bldg, Washington, DC 20510 (202-225-5206) Honorable Chris Pappas - https://pappas.house.gov Dover Office - 660 Central Avenue, Unit 101, Dover, NH 03820 (603-285-4300) Washington DC Office - 323 Cannon House Office Bldg, Washington, DC 20515 (202-225-5456) Editor’s Note: A special thanks to NLC staff members who always work hard with Congressional leaders to effectively represent the interests of municipalities. Notwithstanding, NLC’s advocacy has never been more important that it is now as our cities and towns in New Hampshire urgently need direct federal funds to address the severe economic impact of the global pandemic. NLC is the voice of over 19,000 cities, villages and towns across the nation, representing more than 200 million people. 40

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

The Right-to-Know Law and Governmental Records Wednesday, July 15, 2020 12:00 pm—1:00 pm

Upcoming Webinars NHMA will be hosting two webinars in July for members of the New Hampshire Municipal Association.

Join Legal Services Counsel Stephen Buckley and Municipal Ser-

vices Counsel Natch Greyes who will provide guidance on handling governmental record matters arising under the Right-to-Know Law, especially in light of the COVID-19 pandemic. Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records. This webinar will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. Recent NH Supreme Court decisions on exemptions for internal personnel practices and personnel records will be addressed in detail. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced.

The New Art of Utility Valuations Wednesday, July 22, 2020 12:00 pm—1:00 pm Recent legislation, HB 700 (Chapter 117, Laws of 2019) establishes a uniform methodology for the valuation for local property tax purposes of utility company distribution assets.

For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org.

www.nhmunicipal.org

Beginning May 1, 2020, every utility company must report to both the municipality and NHDRA, the original cost and net book value of each category of assets located within the municipality. The methodology will be phased in over a 5year period. The value in the first year (the tax year effective April 1, 2020) will be a weighted average of 80 percent of the final locally assessed value for the 2018 tax year and 20 percent of the value determined using the methodology. The value determined using the methodology will be weighted an additional 20 percent in each subsequent year until the methodology is fully implemented in the fifth year. Join Scott Bartlett, Assessor in the Town of Goffstown, and Catherine Capron, NHDRA’s Utility Tax Appraiser, who will review the new methodology being utilized in the determination of local utility values.

J U LY / A U G U S T 2 0 2 0

Court

Update

By Stephen C. Buckley, Legal Services Counsel and Natch Greyes, Municipal Services Counsel

Now available online:

May 2020 “Internal Personnel Practices” are Not Per Se Exempt from Disclosure, but Exempt if Disclosure is an Invasion of Privacy. “Internal Personnel Practices” are Defined as Internal Rules and Practices Governing Agency’s Operations and Employee Relations Union Leader Corp. v. Town of Salem, New Hampshire Supreme Court Docket No. 2019-0206, 05/29/2020 The “Internal Personnel Practices” Exemption Under RSA 91-A:5, IV Only Applies to Records of the Internal Rules and Practices Governing an Agency’s Operations and Employee Relations, and Not Information Concerning the Performance of a Particular Employee. Seacoast Newspapers v. Portsmouth, New Hampshire Supreme Court Docket No. 2019-0135 05/29/2020

April 2020 Three-year Limitation on the Duty of a Municipality to Pay Excess Proceeds from the Sale of Tax Deeded Property is Unconstitutional Polonsky v. Town of Bedford, New Hampshire Supreme Court Docket No. 2019-0339, 04/24/2020 SB 3 Struck Down by the Court as Unconstitutional for Unreasonably Burdening the Right to Vote and Violating Equal Protection Under the New Hampshire Constitution League of Women Voters v. Gardner, Hillsborough County Superior – Northern District Case No. 226-2017CV-00433, 04/08/2020 Report about Alleged Misconduct by Elected Officials Acting in Their Capacity as Employers not Exempt as Internal Personnel Practice; Members of a Governing Body Cannot be Denied Access to Attorney-Client Communications Hampstead School District v. SAU #55 Rockingham County Superior Court Docket No. 218-2020-CV-00236 04/08/2020

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

MUNICIPAL FINANCE SOFTWARE DESIGNED SPECIFICIALLY FOR

NEW HAMPSHIRE MUNICIPALITIES



Powerful and flexible, yet easy to use



Fully integrated modules from General Ledger to Payroll to Utility Billing



Fully developed Report Library to meet NH needs, including MS forms



Designed and supported by MRI’s experienced Finance staff

Phone: 603.279.0352 Email: mts@mrigov.com Web: mrigov.com/mts

www.nhmunicipal.org

J U LY / A U G U S T 2 0 2 0

— This Moment in NHMA History — 53 years ago…. State aid as a percent of revenue for local roads averages 40% nationally but only 13% in New Hampshire in 1967. Cities and towns found it harder to stretch State road aid on the 9,250 miles of municipal highways which made up 70% of the total 13,218 state-local highway mileage in the state. In 1966, the 7 cents a gallon state gas tax produced $18,072,000 while state road aid programs totaled only $1,938,000, or only 10.7% of the gas tax revenues. In 1967, a bill was introduced to increase state aid to cities and towns by $250,000.

On May 9, nearly 35 town moderators from throughout the state gathered at the New Hampshire Highway Hotel and formed a state-wide organization known as the “New Hampshire Moderators Association.”

Name the New Hampshire city or town that houses this historic meeting house, school, and now local history museum. The building was listed on the National Register of Historic Places in 1980. For additional clues, according to Wikipedia, this city or town was incorporated in 1722 and among the early grantees was Peregine White, descendant of Peregine White of the Mayflower, the first child of England parentage born in New England. At one time, the town had 17 watermills in operation.

NAME

THAT

TOWN OR

CITY

? ?

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the September/October 2020 issue. ANSWER TO PHOTO IN THE MAY/JUNE ISSUE: The photo on page 40 in the last issue of New Hampshire Town and City magazine is of the town offices serving the Town of Chester. Special thanks to Marshall Buttrick (Greenville) and Bill Herman (Auburn) for contacting us with the correct answer. We appreciate you playing along with us.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

SAVE THE DATE

2020 VIRTUAL

LAND USE LAW CONFERENCE (formerly known as the Municipal Law Lecture Series)

WHEN

Saturday October 31, 2020 9:00 amâ&#x20AC;&#x201D;3:00 pm

WHAT Full day virtual conference for municipal land use officials including members of planning and zoning boards, planners, land use administrators, select boards, town and city councilors, building inspectors, code enforcement officers and public works personnel. Presentations will focus on the legal authority and procedures these land use boards must understand with content structured to be beneficial to both novice and experienced municipal officials.

REGISTRATION FEE $100 per person

CONTACT INFO Ashley Methot Events Coordinator 25 Triangle Park Drive Concord, NH 03301 603.230.3340 amethot@nhmunicipal.org

FOR ADDITIONAL DETAILS VISIT

www.nhmunicipal.org

REGISTRATION OPENS IN SEPTEMBER

25 Triangle Park Drive Concord, NH 03301

Periodical Postage Paid at Concord, NH

Itâ&#x20AC;&#x2122;s a New World. HealthTrust is Here to Help. HealthTrust coverage and services can help you and your employees stay strong, healthy and ready for anything.

At HealthTrust, we are deeply committed to providing the benefits and resources you need to keep our communities healthy and safe. Thank you for all you do.

800.527.5001 | www.healthtrustnh.org