New Hampshire Town & City January/February 2025 by New Hampshire Municipal Association

Investments Designed for New Hampshire

NH PDIP has provided New Hampshire’s public entities with investment options since 1993. NH PDIP focuses on safety, liquidity, and earning a competitive yield in order to meet the distinct needs of cities, towns, school districts, and other political subdivisions.

This information is for institutional investor use only, not for further distribution to retail investors, and does 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. This and other information about the Pool is available in the Pool’s current Information Statement, which should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by calling 1-844-464-7347 or is available on the NHPDIP website at www.nhpdip.com. While the Pool seeks to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing in the Pool. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Pool are distributed by U.S. Bancorp Investments, Inc., member FINRA (www.finra.org) and SIPC (www.sipc.org). PFM Asset Management is a division of U.S. Bancorp Asset Management, Inc., which serves as administrator and investment adviser to the Pool. U.S. Bancorp Asset Management, Inc. is a direct subsidiary of U.S. Bank N.A. and an indirect subsidiary of U.S. Bancorp. U.S. Bancorp Investments, Inc. is a subsidiary of U.S. Bancorp and affiliate of U.S. Bank N.A.

New Ha mp sh ire Publ ic Deposit Inve st ment Pool

New Hampshire Municipal Association BOARD OF DIRECTORS

Laura BuonoImmediate Past Chair Town Administrator, Hillsborough

David Caron Town Administrator, Derry

Shelagh Connelly Conservation Commission, Holderness

Phil D’Avanza Planning Board, Goffstown

Stephen Fournier Town Manager, Newmarket

Elizabeth Fox - Chair Asst. City Manager, HR Director, Keene

David Stack Town Manager, Bow

Jennifer Kretovic City Councilor, Concord

Dale Girard Mayor, Claremont

David Moore Town Administrator, Stratham

Holly Larsen Finance Director/Tax Collector, Berlin

Joanne Haight Select Board Chair, Sandwich

Thomas Seymour Moderator, Hill

Jeanie Forrester - Secretary Select Board Member, Meredith

Joseph R. Devine Assistant Town Manager, Salem

Shaun Mulholland City Manager, Lebanon

Bonnie Ham Planning Board Chair, Woodstock

NHMA Executive Director A Message from the Margaret M.L. Byrnes

Happy New Year! I hope you enjoyed the holidays and are ready for the year ahead.

As we head into 2025, we're both grateful for another successful year behind us and excited to work with you in the year to come.

Warmest regards,

Margaret M.L. Byrnes, NHMA Executive Director

Let’s start off with the fun stuff: We had a blast with many of you at our Annual Conference! For the first time in recent memory (perhaps ever), NHMA’s conference was held in October—and with a Halloween theme, which culminated with a Murder Mystery Dinner event. Thank you to all the members, presenters, exhibitors, and sponsors who made this event possible.

At the conference, we also announced a new partnership with UNH Carsey School of Public Policy that allows NHMA members to receive an educational discount of up to 20% on master’s programs. Check out pages 19 and 21 for more information on this new member benefit. Other additional member benefits coming in 2025 include free digital publications and a Women’s Leadership Institute in partnership with Primex and the Municipal Management Association of NH; plus, we’ll be working to implement our strategic plan.

On the legislative side, NHMA will welcome a new team of local government advocates, who will be responsible for advocating for you based on the new Legislative Policies and Principles adopted by the members this year. Although NHMA staff are at the legislature advocating for you during the session, we rely heavily on local officials to contact their legislators or testify at legislative hearings to assist in passing legislation that comports with our member-adopted policies and defeating legislation that does not. As is the trend over the past several years, legislation has again been filed to prevent organizations like NHMA from advocating for their members—an effort that undoubtedly seeks to quiet the voice of local government so that there is less resistance to passing unworkable or costly legislation for local governments and their taxpayers. And with the state prepping for cuts to spending in the upcoming budget cycle, the voice of local government will be more crucial than ever, as we work together to preserve state funding, including the meals and rooms tax distribution and road and bridge aid.

To stay in the know throughout the session, don’t forget to register to receive the Legislative Bulletin, sent weekly during the session, and subscribe for live updates on bills through our bill tracker, FastDemocracy.

Of course, legal services is also ramping up for another year of training and providing guidance, including our annual Moderators Workshops in January and February and a slew of town meeting-related legal inquiries leading up to March 11, the date on which most towns hold their annual meetings. After town meeting, be on the lookout for our annual revision of Knowing the Territory, the “bible” of municipal law, and join us for a Local Officials Workshop if you can. Other training opportunities throughout the year include A Hard Road to Travel, the Right-to-Know Law, training for municipal trustees, code enforcement, the Land Use Law Conference—just to name a few.

2025, here we go!

P.S. Look out for NHMA’s 2024 Annual Report in the March/April issue of Town & City!

P.P.S. 2025 dues invoices were uploaded to each municipality’s member portal in October. We ask that you remit payment—or let us know when payment will be made (e.g., after town meeting) — by January 31. Thank you for your membership with NHMA!

HAPPENINGS

Is something new and exciting happening in your city or town? We'd love to include it in Town & City! Email us at publications@nhmunicipal.org

Welcome to our New Board Members

We’re excited to introduce our newest board members—David Moore (Stratham), Thomas Seymour (Hill), Lori Ratioula (Rindge), and Jennifer Kretovic (Concord)! We're looking forward to the new perspectives and energy they’ll bring to our organization. Welcome aboard!

And a sincere thank you to Donna Mombourquette, Neil Irvine, Cheryl Lindner, and Candace Bouchard for your incredible commitment and the lasting impact you've made. Your guidance and hard work have set a strong foundation for what’s ahead, and we’re so grateful.

Please join us in welcoming David, Thomas, Lori, and Jennifer and sending our deepest thanks to Donna, Neil, Cheryl, and Candace!

Below are a few grants and programs that were announced late last year.

• As part of the Biden-Harris Administration’s initiative to replace every lead pipe in America, funding in addition to the $15 billion to replace lead service lines is available through a variety of EPA grants. You can find out which grant opportunities you or your business might qualify for here.

• The EPA also announced that the University of Connecticut’s Thriving Communities Technical Assistance Center (TCTAC) is open and accepting requests from communities and organizations across New England for technical assistance to help address local environmental justice challenges. In New Hampshire, UConn will partner with various organizations to engage with local communities. EPA selected UConn to establish one of 17 TCTACs across the country and awarded UConn $10 million to support this work for five years.

• The U.S. Department of Agriculture (USDA) announced up to $7.7 billion in assistance for fiscal year 2025 to help agricultural and forestry producers adopt conservation practices on working lands. This includes up to $5.7 billion for climate-smart practices, made possible by the Inflation Reduction Act, which is part of President Biden’s Investing in America Agenda and $2 billion in Farm Bill funding.

• The National Science and Technology Council’s (NSTC) has launched the PFAS Reduction and Innovation in Semiconductor Manufacturing (PRISM) program and $35 million funding opportunity to enhance the environmental sustainability by addressing the challenges posed by PFAS usage.

Court Update

Now available online: October 2024

By Stephen C. Buckley, Legal Services Counsel and Jonathan Cowal, Municipal Services Counsel

Whether a Nonconforming Use is Lawful Depends Upon the Facts Existing at the Time the Change in the Zoning Ordinance Created the Nonconforming Use, Monadnock Rod and Gun Club v. Town of Peterborough, New Hampshire Supreme Court Case Nos. 2023-0538 10/29/2024

A Letter to the NHMA Members

Dear NHMA Member:

Thank you for everything you’ve done for your community and our state in the last year. City and town officials have continued to serve their communities while grappling with a challenging and increasingly complex environment, including state law changes, budget pressures, and retention and recruitment of staff.

NHMA was established by municipalities, for municipalities, to serve as a unified voice and go-to resource to support cities and towns in serving the public. We were proud to serve all 234 cities and towns again in 2024 and are looking forward to working with you all in 2025. Member renewal for the upcoming year has begun, and each municipality’s 2025 dues invoice can be downloaded and paid on NHMA’s member portal. If you have any issues accessing the invoice, please contact finance@nhmunicipal.org.

As the landscape we operate in continues to change, one thing stays the same: NHMA’s commitment to you. It’s critical that local governments remain united, sharing solutions to old challenges and working together to solve new ones.

In the year ahead, NHMA will continue to support you in your efforts to serve your communities by providing key services and programs, including:

• Unlimited access to our legal services attorneys for general legal advice to assist local officials in fulfilling their responsibilities

• Advocacy at the state legislature based on NHMA’s member-adopted policies and principles

• Regular reporting on legislative activity through the weekly Legislative Bulletin and our online bill tracker

• Training and education accessible in many formats to best serve our busy membership:

o live in person workshops

o live online workshops

o noon-time monthly webinars

o recordings of completed workshops and webinars available to watch anytime (members only login required)

o On Demand workshops at your town or city hall presented by one of our knowledgeable attorneys

o NHMA’s annual two-day conference in Manchester

o digital publications (unlimited copies free to members starting in 2025!)

o hard copy publications (for purchase)

o Town & City magazine (hard copy and digital)

o other written resources and news available on our website and reported in our bi-weekly Newsletter, Newslink.

• An upgraded website and member portal experience

• Launching new initiatives, like educational discounts through a new partnership with UNH Carsey School and the first NH Women’s Leadership Institute through a partnership with Primex and the Municipal Management Association of NH.

For a complete list of member benefits, view our Membership Benefits Plan and check out our Membership Benefits webinar on December 11, 2024 (the recording will be available about one week after the webinar runs).

We look forward to serving you again in 2025. If you have any questions or concerns, reach out to us anytime at info@ nhmunicipal.org.

Thank you for your commitment to local government and your support of NHMA!

Margaret Byrnes

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 registrations@nhmunicipal.org.

JANUARY

New Year’s Day

(NHMA offices closed)

Wednesday, January 1

Town and School Moderators

SB2 Workshop

9:00 am – 1:30 pm

Saturday, January 11 Zoom

NHMA Board of Directors Meeting

9:30 am – 12:00pm Friday, January 17

25 Triangle Park Drive, Concord, NH 03301

Martin Luther King Jr. Day (NHMA offices closed) Monday, January 20

FEBRUARY

Right-to-Know for Law Enforcement Workshop

9:00 am – 1:00 pm Wednesday, February 5

Hybrid: Zoom and NHMA Offices, 25 Triangle Park Drive, Concord, NH 03301

President’s Day (NHMA offices closed) Monday, February 17

NHMA Board of Directors Meeting

9:30 am – 12:00pm Friday, February 21

25 Triangle Park Drive, Concord, NH 03301

Town and School Moderators

Traditional Town Meeting Workshop

9:00 am – 1:30pm

Saturday, February 22 Zoom

Please visit NHMA's website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.

Why Do I Have to License My Dog?

By Jennifer Boyll, Deputy Town Clerk of Moultonborough, NH

We get this question a lot in the Town Clerk’s office, and the answer has evolved a bit over the last couple of centuries – so I decided to do some research.

In browsing digital catalogues, the earliest mentions of dog licensing I found were in New Hampshire legislation records from around 1811 and 1842, where “no person shall be held liable for killing any dog […] found not having around his neck a collar […] with the name of the owner or owners engraved thereon,” and “Any town may make by-laws for licensing, regulating or restraining dogs.” (Laws of the State of New-Hampshire (1830), Title LI, and NH Revised Statutes of 1842, Title XIV, Chapter 127, Sections 5 & 6) The licensing of dogs wasn’t made a statewide requirement until around 1891, where the verbiage changed from “may” to “shall.”

Licensing initially was a way for municipalities to ensure victims of damaged property or livestock were properly compensated by the owner of the dog at fault. New Hampshire residents often relied on agriculture at that time, and farms raising sheep, swine and cattle were quite common. One can imagine how the loss of income or food might be especially devastating in this period of history, where resources would not have been quite as obtainable as they are today.

The fees at that time were also set by state law: $2.00 for every male dog, and $5.00 for every female dog. In today’s currency, those license fees would be $74.82 and $187.04, respectively! Fees began increasing around 1977 and are no longer based on the gender of the dog. Fees are now based on the age of the dog, whether the dog is altered, and the age of the owner. The license fees are divided up between the municipality and the state, with a portion set aside for animal population control and operation of the state’s veterinary diagnostic lab.

Around 1891, with the restructuring of dog licensing laws, “hydrophobia” (now more commonly known as rabies) became a more pressing reason for dog licensing. In the New Hampshire Public Statutes published in 1901, Section 4 of Chapter 60 states every dog license “shall have printed thereon a description of the symptoms of the disease in dogs known as hydrophobia” in an effort to inform dog owners of what to look for. Rabies was (and is) not just a threat to dogs and livestock, but also to humans. Rabies remains to this day a preventable – but often not treatable – disease, with a fatality rate of nearly 100% in both dogs and humans.

Dog licensing now serves as a way of ensuring local animal populations are vaccinated against rabies, and as a record of ownership so lost dogs can be returned to their homes. Town Clerks have often assisted in reuniting runaways with their

owners and have also received calls from concerned citizens asking if a dog has been vaccinated so they know whether to seek further medical attention after being bitten by a dog. Licensing and vaccination are required by several RSAs in Chapter 466, and RSA 436:100. Failure to do so can result in dire consequences in the event of a dog coming into contact with another rabies-infected animal, outlined in RSA 436:106.

Dog licenses are required to be renewed annually by April 30th, but if paid June 1st or later, late fees and civil forfeiture fines will be charged per state law. Dog owners can avoid these extra charges by renewing their licenses early. While it may seem silly or outdated to some, dog licensing remains an important requirement of dog ownership in New Hampshire.

A photocopy of a Civil Forfeiture notice from 1898, from the records of the Town Clerk of Moultonborough.

New Hampshire Legislature. (1843). Chapter 127: Of the Destruction of Noxious Animals and the Preservation of Game. In The revised statutes of the State of New Hampshire passed December 23, 1842 : to which are prefixed the constitutions of the United States and of the State of New Hampshire (p. 241). Concord, N.H. - Carroll & Baker.

New Hampshire Legislature. (1900). Licensing of Dogs. In W. M. Chase, The Public Statutes of the State of New Hampshire, and General Laws In Force January 1, 1901 (p. 368). Concord, N.H.: Edson C. Eastman.

New Hampshire Legislature. (1930). Title LI. Dogs. In The Laws of the State of NewHampshire With the Constitutions of the United States and of the State Prefixed (p. 218). Isaac Long, Jr.

New Hampshire Legislature. (1977, August 30). Licensing of Dogs, Section 466:7 - Additional Charge Where Payment of LIcense Fee is Delayed. -. Retrieved from The General Court of New Hampshire: https://www.gencourt.state.nh.us/rsa/html/XLV/466/466-7.htm

New Hampshire Legislature. (1998, January 1). Licensing of Dogs, Section 466:1 - Procuring License; Tag. -. Retrieved from The General Court of New Hampshire: https://www. gencourt.state.nh.us/rsa/html/XLV/466/466-1.htm

New Hampshire Legislature. (2001, July 16). Licensing of Dogs, Section 466:13 - Forfeiture. -. Retrieved from The General Court of New Hampshire: https://www.gencourt.state.nh.us/ rsa/html/XLV/466/466-13.htm

New Hampshire Legislature. (2017, August 1). Rabies Control, Section 436:106 - Handling of Dogs, Cats, and Ferrets Bitten by Rabid Animals. -. Retrieved from The General Court of New Hampshire: https://www.gencourt.state.nh.us/rsa/html/XL/436/436-106.htm

New Hampshire Legislature. (2023, July 1). Rabies Control, Section 436:100 - Rabies Vaccination Required; Exemption. -. Retrieved from The General Court of New Hampshire: https://www.gencourt.state.nh.us/rsa/html/XL/436/436-100.htm

New Hampshire Legislature. (n.d.). Chapter 466: Dogs and Cats. Retrieved from The General Court of New Hampshire: https://www.gencourt.state.nh.us/rsa/html/NHTOC/ NHTOC-XLV-466.htm

NHMA’S SUSTAINING SPONSORS

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Becoming a Sustaining Sponsor positions your business as a patron of New Hampshire's cities and towns, enhancing your brand recognition and trust within the community. By aligning with the mission of the New Hampshire Municipal Association (NHMA), you can choose from tiered options that offer increasing levels of visibility and access. Strengthen your brand's reputation by supporting local government initiatives, and make a strategic investment that elevates your business profile. As a Sustaining Sponsor, you'll gain direct access to NHMA members, ensuring exposure to key decision-makers in local government.

We extend our deepest gratitude to our current Sustaining Sponsors. Your support is invaluable to NHMA and the local

Data Tools for Cities

By Robert Santos, Director of the U.S. Census Bureau

Acountless local officials, community groups, businesses, chambers of commerce, students, educators and many others who need data to address issues in their communities.

Indeed, when I met personally with each of the National League of Cities (NLC) committees at their executive leadership meetings last summer, I heard a lot about the value of Census Bureau data to cities — they rely heavily on the statistical data we produce for planning and governance activities. This was heartwarming news.

Census Bureau data can inform the public, businesses and policymakers in advancing equity and proposing effective, data-driven solutions. Importantly, they can also help to assess equity and identify underserved communities. Our data can help communities address constituent needs and cities more effectively undertake economic development.

We take great pride in the data dissemination aspect of our mission because it is the conduit for helping communities, states and our nation. After all, the Census Bureau is the

leading provider of quality data about the nation’s people

We collect data on the population, demographics, business and the economy, education, employment, health and more. We provide a wealth of data by a variety of demographic variables — such as race, ethnicity, sex, disability, income, veteran status and others — and these data are often broken down by lower levels of geography.

We seek to make data access easier than ever. At data. census.gov, you can search for and filter on a wide range of demographic, economic and social characteristics. Users can pull up a profile of their city that includes a wide range of statistics across key topics like housing, employment, income and poverty, and health. This is a quick and easy way to easily gather the most up to date information on your community.

But we offer even more than that! We have great data visualization tools that can help cities get information they need in digestible, timely and accurate ways. Here are just a few to consider:

UNLOCK YOUR NEW NHMA MEMBER EXPERIENCE

NHMA has launched a new member portal! We invite you to log in, create your password, and explore your member profile.

IMPORTANT: You will need to use this portal to access member pricing for NHMA events.

• My Community Explorer is an interactive, map-based tool that highlights demographic and socioeconomic data that measure inequality and can help inform databased solutions.

• Community Resilience Estimates provide an easily understood metric for how at-risk every neighborhood in the United States is to disasters, including the COVID-19 pandemic, winter weather and flooding. They measure the social vulnerability that inhibits community resilience based on 10 estimates in the American Community Survey, including poverty, disability, broadband

• The Opportunity Atlas is a comprehensive census tract-level dataset of children’s outcomes in adulthood covering nearly the entire U.S. population.

• Census Business Builder is a suite of services that provides demographic and economic data for small business owners, chambers, development councils and planning needs.

• We are working on new tools that will allow users, regardless of technical experience, to access microdata from the American Community Survey and create custom tables.

is an area for continuous collaboration.

That is why I hope you will follow along as we prepare for the 2030 Census and continue to get the word out about the importance of responding to the census. The decennial count is critical — not just because it is used to draw the lines of legislative districts and reapportion the seats each state holds in Congress, but because it tells us who we are and where we’re going as a nation.

We also need your feedback to improve our data products, which in turn can benefit you. Our mission can only be fulfilled when we not only strive to count everyone only once and in the right place, but when their data needs

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 Preparation of bidder materials for download and distribution

 Auction held within the municipality by experienced and knowledgeable auction professionals

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 Included skilled legal support for analyzing pre-auction legal issues, conducting real estate closings, preparing deeds, locating former owners and lienholders, and distributing excess proceeds

Advertise with us!

New Hampshire Town and City is the official magazine of the New Hampshire Municipal Association, a nonprofit organization serving cities, towns, village districts, and counties. With a circulation of 2,500, the magazine is the only publication that comprehensively reaches the entire New Hampshire municipal market. Over 1,500 physical copies are distributed across the state, with an additional 1,000 digital versions sent directly to recipients. On average, the publication garners 65,000 impressions annually. Subscribers include mayors, councilors, selectmen, city and town managers, road agents, public works directors, assessors, clerks, and finance directors.

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Supreme Court 2024-25 Term Preview: Important Cases for Local Governments

By McKaia Dykema, Legislative Research Manager on the Federal Advocacy team at the National League of Cities

Stephanie Martinez-Ruckman, Legislative Director of Human Development at the National League of Cities

The 2024-25 United States Supreme Court Term officially kicked off on Monday, October 7. Several significant cases that could impact local governments and their interests are before the court this term. The National League of Cities (NLC), through partnership with the Local Government Legal Center (LGLC), has joined several amicus briefs supporting and advocating local government positions on key legal issues of relevance.

Cases of importance this term include questions of employment law issues related to Title VII and the Fair Labor Standards Act, environmental law and the permitting requirements under the Clean Water Act, the scope of authority for a federal regulation relating to “ghost guns,” when attorney’s fees can be assigned and The Americans with Disabilities Act. As the Supreme Court accepts additional cases to their current term docket, NLC will keep local leaders informed on important cases that impact local governments.

Ames v. Ohio Department of Youth Services

This case is related to an important employment law question under Title VII. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex or national origin. The specific issue is whether a plaintiff that belongs to the majority group of a class must show “background circumstances” supporting the suspicion that the defendant is an “unusual employer who discriminates against the majority.” This would be an additional element that the plaintiff must prove in addition to pleading the other elements of a Title VII discrimination claim.

This “background circumstances” test is one that the lower court found was required, given that the plaintiff was a member of the majority group in this case. The court explained that a plaintiff can meet this additional showing with evidence that a member(s) of the relevant minority group of the class made the employment decision at issue or by showing a pattern of discrimination by the employer against members of the given majority group.

As local governments collectively continue to be one of the largest employers in the country, this is an important case

that could impact the expansion of local government liability. Lawsuits under Title VII are expensive to defend and resource intensive for local governments. A ruling that applies the background circumstances test would make it harder for employees in majority groups passed over for promotions or subject to adverse employment decisions to bring Title VII lawsuits.

EMD Sales v. Carrera

This is another employment law case related to the power burden of proof level that employers must satisfy to demonstrate the applicability of a Federal Labor Standards Act (FLSA) exemption to overtime pay. Generally, under FLSA, employers must pay employees overtime pay at a rate and a half for all work done above 40 hours a week. However, there are a number of exemptions from the FLSA’s minimum wage and overtime requirements. The exemption relevant to this case is the “outside sales” exemption, which exempts employers from paying overtime for work done outside the office.

At issue in this case is the level of the burden of proof that must be demonstrated to show that the exemption applies. The parties disagree on whether the burden should be a “preponderance of the evidence” (the evidence shows more likely than not) or “clear and convincing evidence” (a significantly higher threshold).

This case directly impacts the burden of proof that local governments will need to show as an employer to demonstrate an exemption to overtime under FLSA. Claims under the FLSA are extremely common, and the burden of proof applies to each of the numerous exemptions. If the court finds that the higher standard of burden of proof applies, it will create significant financial implications for cities. Given the severe penalties for violating the rules under FLSA, there are significant potential liability issues at stake in this case for local governments.

City and County of San Francisco v. EPA

The issue in this case is whether the U.S. Environmental Protection Agency (EPA) can impose generic prohibitions

in their National Pollutant Discharge Elimination System (NPDES) permits without identifying specific limits to which pollutant discharges must conform.

Under the Clean Water Act (CWA), the EPA has the authority to issue National Pollutant Discharge Elimination System (NPDES) permits that contain pollutant levels to provide manageable and precise benchmarks for enforcement. Contrary to the requirements of the CWA and EPA guidance, the permits EPA regularly issue impose generic prohibitions against pollutant discharging in a manner that contributes to exceeding applicable water quality standards. The generic prohibitions that are used in the NPDES permits issued to localities around the country create uncertainty and increase the risk that local governments will be subjected to significant penalties. The generic water quality terms in the permits expose permitholders nationwide to enforcement actions while failing to tell them how much they need to limit or treat their discharges to comply with the CWA. A decision in this case would provide clarity to local governments on CWA requirements.

Garland v. VanderStok

The issue in this case is whether a weapon parts kit that has been designed to or may readily be converted to expel a projectile by the action of an explosive is considered a “firearm” regulated under the Gun Control Act of 1968 (GCA). The GCA is the federal law that imposes licensing, background checks, recordkeeping and serialization requirements on persons engaged in the business of importing, manufacturing or dealing in firearms. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a regulation that clarified the definition of “firearm” under the GCA includes products and kits that can “readily be converted” into an operational firearm or a functional frame or receiver. These types of products are commonly referred to as “ghost guns.” Ghost guns create significant public

safety concerns for local law enforcement as they allow minors and felons who are otherwise prohibited from owning guns under the GCA to obtain them without any background checks or serialization requirements. This lack of serial numbers has created significant roadblocks for law enforcement in investigating violent crimes, as they cannot typically be traced. The Court will determine whether these “ghost gun” products are subjected to the requirements of the GCA or if these types of products do not meet the definition of a “firearm.”

Lackey v. Stinnie

The issue in this case involves the important question of deciding when attorney’s fees apply for plaintiffs in civil rights cases. Section 1988 of the U.S. Code provides that a prevailing party may collect attorney’s fees in certain civil suits (including Section 1983 actions). The Court will determine in this case what “prevailing” really means. The specific question is whether a plaintiff who obtains a preliminary injunction can obtain attorney’s fees under Section 1988 if there is never a permanent injunction or full ruling on the claim’s merits since the defendant voluntarily changed their conduct.

As local governments are party to civil suits (including under Section 1983 actions), a limitation in the award of attorney’s fees would result in a significant financial victory for local governments involved in these types of cases. Attorney’s fees can be as high or higher than the underlying liability or dam-

ages of a civil suit, and they regularly cost governments hundreds of thousands or millions of dollars. If the Court rules that attorney’s fees are appropriately awarded only when there is a conclusive ruling, this would significantly reduce future potential civil litigation costs for local governments.

Stanley v. City of Stanford

This case presents a question of whether a former employee can sue their employer under The Americans with Disabilities Act (ADA) for discrimination in post-employment distribution of fringe benefits if they no longer hold their job. Title I of the ADA prevents discrimination against individuals with disabilities regarding compensation and other terms of employment. Lower courts found that a former employee doesn’t qualify as an “individual with a disability” and therefore cannot bring suit for discrimination in post-employment distribution of fringe benefits.

Local governments are sometimes faced with difficult decisions when balancing the public fisc with other local government operations or initiatives. As local leaders continue to look for cost-saving mechanisms to balance their budgets, some may look to post-employment benefit liabilities as a place to potentially cut costs and fulfill their duties of fiscal responsibility. This case is important to ensure local governments have the flexibility and authority they need to make these difficult decisions without the threat of litigation.

100 Years of Service: Clerks' Corner

By Sherry Farrell, Londonderry Town Clerk, Executive Board Member

This year, the New Hampshire City and Town Clerks Association (NHCTCA) is proud to celebrate our 100th anniversary in the great state of New Hampshire. The 234 town and city clerks across the state are honored to serve residents of all ages in the communities they love. To mark this milestone, our goal is to bring awareness to the vital roles clerks play and the many responsibilities they carry.

Being a clerk is not for the faint of heart. Clerks must adapt quickly, wear many hats, and switch between them seamlessly. Most importantly, clerks are often seen as the heart of their communities.

Recently, clerks nationwide coordinated one of the largest efforts in history to ensure that every vote cast in the Pres-

idential General Election was counted, guaranteeing that every voter was represented. Clerks are held to the highest standards, preparing for elections, providing absentee ballots to those unable to vote in person, and ensuring that voters—whether local or abroad—can exercise their right and privilege to vote in our free country.

In New Hampshire, we excel at this! Clerks follow rigorous checks and balances at every step, with guidance from the Secretary of State’s Office, the Attorney General’s Office, and other agencies. New Hampshire elections are fair, transparent, and accurate because we work together as one unified body to uphold the integrity of the electoral process.

As part of the 100-year celebration, the NHCTCA also

New NHCTCA Executive Board sworn in by Secretary of State David Scanlan.

Pictured Above Left to Right: Secretary of State Dave Scanlan; NHCTCA President Joan Dargie, Mildred Town Clerk; Past President Dan Healey, Nashua City Clerk; 1st Vice President Ken Story, Grantham Town Clerk; 2nd Vice President Jaseya Ewing, Lebanon City Clerk; Secretary Belinda Yeaton, Mont Vernon Town Clerk.

aims to highlight the other critical responsibilities of clerks. Beyond elections, clerks manage:

• Automotive registrations, working closely with the Department of Motor Vehicles.

• Vital records, handling joyous events such as birth certificates, home births, and marriage licenses, as well as solemn moments like processing death certificates.

• Community record-keeping, maintaining essential documents, and ensuring compliance with state laws, such as registering dogs (RSA 466:1 requires every dog owner to register dogs aged four months or older).

• Property and utility tax payments, including those for local businesses and residents.

Clerks also play a key role in local and state government, staying informed on legislation and collaborating with state partners at every level. This teamwork is why New Hampshire is recognized as a leader in these efforts!

At our recent state conference, our newly elected president, Joan Dargie, the town clerk of Milford, was sworn in by Secretary of State Dave Scanlan. The position of town and city clerk is one of the oldest documented professions, dating back to ancient Greece and Biblical times.

Many clerks bring unique backgrounds to their roles. To succeed as a clerk, one must be a quick thinker, well-versed in human nature, and adept at navigating ever-changing technology.

Joan Dargie, our new president, has served as Milford’s town clerk since her election in 2016. Joan ran for office to represent the town where she and her husband raised their family. She holds a Bachelor of Science in Industrial Technology and a second in Operations Management. Prior to her election, Joan served as vice chair of Milford’s Zoning Board for many years.

Joan is a Certified New Hampshire Town Clerk, having completed three years of advanced training, and she recently achieved certification from the New England Association of City and Town Clerks (NEMCIA). Her diverse background, like that of many clerks, brings valuable knowledge and experience to her leadership role on the NHCTCA Executive Board.

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Legislative Update: A New Session Begins

By NHMA Advocacy Staff

The 2024 election brought about a few changes at the State House. Along with a crop of new faces, the Republicans gained a decisive edge in the house (222-178), a larger share of the senate (16-8), and the governor's office. In total, the House welcomed some 130 new members, while the Senate welcomed six. With such a big change, a major focus over the beginning of the session will be introducing NHMA – who we are and what we do – to new legislators.

While that is occurring, there will be plenty of bill hearings to attend. Although it is too early to know what specific bills will be a major focus this year, we have some early indications of topics:

The State Budget: A perennial topic, the state budget is likely to be tight. There was little in the way of surplus this year, and we anticipate further belt tightening over the coming budget cycle. State agencies were instructed to cut around 4% from their current budgets, and we are concerned that similar cuts will be proposed for state aid to municipalities. While we are hoping for additional monies for infrastructure like roads, water, and sewers, the reality is that those additional allocations are unlikely.

Municipal Budgeting: In line with tightening the state belt, several bills propose different options on municipal budgeting. Most would focus on tax caps or other restrictions on municipalities being able to raise revenue, while some would increase opportunities for non-property tax revenue, either through transferring existing monies, allowing local option fees, or changing an existing revenue structure.

The Right to Know Law: With a refiling of two different variants of last year’s HB 1069 (which we opposed) and at least six additional Right-to-Know Law bills, cities and towns will have to pay particular attention to proposals to change that law.

Statewide Zoning Mandates: Many legislators ran on a platform that included doing something about the cost of housing. More than a dozen bills have been filed in the aftermath of the election, and many of those would override local control. Repeated appearances of bills on Accessory Dwelling Units (ADUs), changes to the state building code, and other proposals will likely feature prominently in the news over the next few months.

If you have not already, please subscribe to our weekly Legislative Bulletin to be sure that you are kept up to date as we find out more about what legislators are interested in this year and have hearings on the hundreds of bills of municipal interest. And, remember, we also have our bill tracking software on our website under the Advocacy tab, which allows you to see what bills we are tracking both by subject area as well as our very long all bills list. If you are interested, you can subscribe to weekly or daily updates to bill tables, ensuring that you have information about what’s happening that affects you as soon as it happens.

We also ask that you introduce yourselves and your municipality to any new legislators who represent you. We know that many of the incoming legislators have never served in local government and our experience is that they appreciate knowing whom to call locally when they have questions about how bills about local government would impact their own towns.

Last, if you have not already, please remember to loop us in on any bills that you have requested your legislators submit on behalf of your city or town. We keep track of that internally so that we can report to our policy conference committees what cities and towns have asked for in the past biennium. Our reports ensure that our committees know what our membership cares about and allow them to set policies that help improve local government for everyone.

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The HR REPORT

NHMA Employment Law Hotline: Question and Answer Series Wage and Hour Law / Working Time

By Hannah L. Devoe, Labor & Employment Group

Drummond Woodsum partners with the New Hampshire Municipal Association to provide a free Employment Law Hotline service, through which we provide general legal advice to NHMA members. We receive a number of recurring inquiries through the hotline and have established a running series in which we periodically use the HR Report to address a hot issue. Recently, there has been an uptick in questions regarding the definition of hours worked, some of which you will find below.

Question: The Town has a policy that requires employees to take a thirty (30) minute, unpaid lunch break. What should the Town do if employees continuously work through lunch?

Answer: The Town must pay employees for all hours actually worked. The rules surrounding meals and break periods can be found in the federal Fair Labor Standards Act (FLSA) and certain state laws. Under federal and state wage and hour law, rest periods of short duration, such as coffee or snack breaks of approximately twenty (20) minutes or less, must be counted as hours worked. However, bona fide meal periods, ordinarily of at least thirty (30) minutes, generally do not need to be compensated as hours worked. A meal period is considered bona fide only if the employee is in fact relieved from duty for the purpose of eating regular meals. The employee is not relieved if they are required to perform duties, whether active or inactive, while eating. Therefore, if an employer offers unpaid breaks, but frequently interrupts an employee during such break or expects an employee to perform tasks that require them to work through such break times, then the employees’ break was not bona fide, and the Town must compensate the employee for those hours worked.

In this inquiry, it does not appear that the employer is requiring the employee to work during their meal break, but that employees are instead choosing to do so. If that is the case, then the employer must still pay the employee for the work performed (because employers must pay employees for all hours actually worked), but could consider disciplining the employee for continuously violating the policy that specifically requires the employee to take a thirty (30) minute unpaid, uninterrupted lunch break.

As always, many of these questions should be analyzed on a caseby-case basis with counsel because other factors may be present that impact the answer.

Question: Is the Town required to compensate employees for time spent training where such training is a pre-condition of employment with the Town? Does it impact the question if the employee at issue is police or fire personnel?

Answer: As outlined above, the Town must pay employees for all “hours worked.” While the wage and hour statutes do not clearly define the term “hours worked,” the Department of Labor regulations define the term as including: (1) all the time during which an employee is necessarily required to be on the employer’s premises, on duty, or at a prescribed workplace; and (2) all the time during which an employee works or is permitted to work, whether or not required to do so. Generally, job-related training is considered compensable hours worked. For all employees, attendance at lectures, meetings, and trainings must be compensated unless: attendance is outside of the employee’s regular working hours; attendance is in fact voluntary; the course, lecture, or meeting is not directly related to the employee’s job; and, the employee does not perform any productive work during such attendance.

However, the wage and hour regulations regarding training time for police and fire personnel contain exceptions to the general rule. While, as noted above, time spent attending training required by an employer is normally considered compensable hours worked, attendance outside of regular working hours at specialized or fol low-up training which is either (1) required by law for certifica tion of public and private sector employees within a jurisdiction (for example, a certification for public emergency rescue workers) or (2) required for certification of employees by law of a higher level of government (for example, certification for fire prevention employees that is imposed by the State on Town employees) is not considered compensable time.

As such, while the general rule is clear on training time, there are nuanced exceptions to the rule which complicate the answer. Where a Town requires police or fire personnel to obtain a certi fication required by law as a pre-condition of hire, the Town is not required to compensate the employee for this training time. However, if the employee’s training does not fit into the narrow exception outlined above, Towns should refer to the general rule. As always, questions about compensation are complicated and should be analyzed on a case-by-case basis.

Drummond Woodsum’s attorneys are experienced at guiding towns, cities, counties and local governments through a variety of issues including:

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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.

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Municipal Budgeting and the Annual Meeting

By Stephen C. Buckley, NHMA Legal Services Counsel

In preparation for annual town meeting we have collected together our legal inquiries and responses related to Municipal Budgeting and the Annual Meeting. This allows NHMA to share our guidance on these topics to all of our members related to the annual meeting and budgeting from the last two years.

SB 2 MUNICIPALITIES: As of 2023, 73 municipalities operate their annual meeting using the Optional Form of Meeting – Official Ballot Referenda, RSA 40:13. These inquiries and answers are tailored to those towns:

Are special or separate warrant article appropriations included in the default budget?

The default budget means the amount of the same appropriations as contained in the “operating budget” authorized for the previous year (with some adjustments for debt service, contracts and other obligations previously incurred or mandated by law). RSA 40:13, IX (b). The operating budget is then defined as the total appropriations, excluding separate and special warrant articles. RSA 40:13, IX (a). Thus, if at the 2025 Town Meeting a town approved a special warrant article appropriation (not in the operating budget) to pay a new full-time code enforcement, that appropriation would not be included in the default budget calculation. Only appropriations that appear in the operating budget would determine the amount of the default budget.

Timetable for holding required public hearing when borrowing in an amount exceeding $100,000 under SB 2:

SB 2 modifies the timetable for holding the required public hearing on a bond to borrow in an amount exceeding $100,000. As stated in RSA 40:13, II-a (c) “hearings under RSA 33:8-a shall be held on or before the third Tuesday in January.” That being the case, RSA 40:13, II-a (c) modifies the timetable in RSA 33:8-a. For the purpose of completeness, the date the bond will be voted on at a March SB 2 town meeting will be at the second session, official ballot voting day, March 11, 2025. Since the third Tuesday in January is 1/21/24, and there will be 49 days between that date and March 11, 2025, this will also be in full compliance with both RSA 40:13 and RSA 33:8-a (not more than 60 days prior to the meeting).

Important factors to keep in mind when the annual meeting will be asked to approve a warrant article to borrow by bonded indebtedness:

• Paying for bond issuance costs and interest: In order to appropriate funds to cover bond issuance and interest costs to be incurred in fiscal year 2025 you would add the following language to the bond appropriation warrant article:

“. . . and to raise and appropriate the additional sum of (insert the amount of projected bond issuance and interest costs to be incurred in fiscal year 2025) for bond issuance costs and for payment of the first year’s interest on said bond or note and to further authorize the governing body to take any other action or to pass on any other vote relative thereto?”

The bond amount to be raised would remain the same, however a separate amount from taxation would be appropriated for the cost of bond issuance and for payment of the first year’s interest on the bond. These expenses would not be put into the operating budget warrant article and would only be appropriated if the bond article itself passes.

• Override of 10% Limit due to Non-recommendation by Budget Committee: In towns with an official budget committee, if a bond request is not recommended in its entirety by the budget committee, the select board may vote at a duly noticed public meeting to permit the town meeting to override the 10% limitation provided in RSA 32:18 pursuant to RSA 32:18-a. The following statement shall be placed at the beginning of the warrant article for such bond request: "Passage of this article shall override the 10 percent limitation imposed on this appropriation due to the non-recommendation of the budget committee." Immediately below the bond request on the warrant shall be displayed (1) the recommendation of the select board governing body and (2) the recommendation of the budget committee, as included in the budget forms for the annual meeting pursuant to RSA 32:5, IV.

• Can the purpose and amount of a bond article in an amount greater than $100,000 be amended?: If there is any intent to amend the language and purposes of the proposed bond article that would raise and appropriate

an amount greater than $100,000, it shall be necessary to consult with bond counsel on the permissible boundaries of such amendments. Furthermore, like any other warrant article, the subject matter of a warrant article cannot be modified contrary to RSA 39:2. In addition, any amendment to the language or purposes of the bond article where the amount is in excess of $100,000, might put in jeopardy compliance with RSA 33:8-a. That statute prescribes a public hearing “on any proposed municipal bond in excess of $100,000” and changing the purpose of the proposed bond might trigger the need for another public hearing, a public hearing that was required to be held before the deliberative or business session. However, the dollar amount of the bond article can be amended.

Could the town meeting vote to have 5% of the 2025 operating budget warrant article be funded from the unassigned fund balance?

In order to fund any warrant article from fund balance two things must be true. First, there is an adequate amount in fund balance for that purpose, and, second, the amount to be appropriated from fund balance is a sum certain. Thus, a warrant article to purchase a new backhoe for $100,000, with $25,000 to come from unassigned fund balance and the balance from taxation would be permissible. However, having 5% of the operating budget funded from unassigned fund balance would be problematic. It might be safer for the select board to use fund balance to reduce the tax rate rather than as a source of funding the operating budget. The budget approved by the annual meeting is based in part on projected revenues to be received by the municipality during the fiscal year. As the revenue picture between March and September can change, if too much fund balance was applied at the annual meeting when adopting the budget, this could deprive the governing body of the ability

to make a more strategic decision to use fund balance when the tax rate is being established.

How does a town with a tax cap under RSA 32:5-b calculate the amount that may be proposed to appropriate for the operating budget and all other warrant articles for 2025?

First, understand that an adopted tax cap is a limitation on the amount that may be proposed by the governing body or budget committee for the 2025 budget. First, examine the 2024 MS-636 or MS-737 forms for the approved 2024 budget. From those forms determine the total amount of taxes raised in 2024. If the total amount of taxes raised that year was $1,500,000, and the adopted cap was 5%, the total increase in the proposed budget for the year 2025 would equal $75,000 or 5% of $1,500,000. Thus, in the year 2025 the estimated amount of taxes proposed to be raised could not exceed $1,575,000 ($1,500,000 + $75,000). However, if in the year 2024 the select board had used $100,000 from the unreserved fund balance to reduce taxes, that amount would be added into the total amount to be raised by taxes so that the amount to be raised would increase to $1,675,000 and 5% of that amount would equal $83,750. Therefore, if that had occurred in 2024, the maximum amount that could be proposed to be raised in 2025 would equal $1,758,750 assuming a 5% tax cap was in effect.

What is the role of official budget committee in proposing and drafting separate warrant articles?

The budget committee only states whether it recommends or does not recommend a separate or special warrant article containing an appropriation. The budget committee has no role in composing the content of a separate warrant article.

What is the role of an official budget committee to provide recommendations on warrant articles that may affect the distribution or receipt of tax revenue but do not contain appropriations?

If a warrant article does not contain a proposed appropriation, the budget committee does not have the authority to state whether or not that warrant article is recommended by the budget committee. There would be many instances where the budget committee could argue that a warrant article proposing an optional tax exemption, or a warrant article proposing a zoning amendment, would have an impact on the collection of real estate taxes or assessed values in the community. But, where the article does not contain a dollar amount appropriation, the budget committee does not weigh in on that warrant article.

The duties and authority of the budget committee are set forth in RSA 32:16, and that statute does not delegate to the budget committee the authority to provide its opinion on warrant articles generally, only to provide it recommendations on “special warrant articles.” As defined in RSA 32:3, VI a special warrant article:

Means any article in the warrant for an annual or special meeting which proposes an appropriation by the meeting and which:

(a) Is submitted by petition; or

(b) Calls for an appropriation of an amount to be raised by the issuance of bonds or notes pursuant to RSA 33; or

(c) Calls for an appropriation to or from a separate fund created pursuant to statute, including but not limited to a capital reserve fund under RSA 35, or trust fund under RSA 31:19-a; or

(d) Is designated in the warrant, by the governing body, as a special warrant article, or as a nonlapsing or nontransferable appropriation; or

(e) Calls for an appropriation of an amount for a capital project under RSA 32:7-a.

How should appropriations for payment of salaries or stipends for elected and appointed officials be handled?

The town can appropriate the funds to pay stipends and salaries to elected or appointed town officials in two ways. First, the town can have a separate warrant article (or warrant articles) that raises and appropriates the annual compensation for designated town officials. Second, the amounts to be paid to town officials can be appropriated through the operating budget. Either approach is permissible.

If town meeting defeated a separate warrant article to appropriate funds to build a municipal facility could the town still spend unanticipated revenue received under RSA 31:95-b or a gift received under RSA 31:19 for the same purpose?

RSA 32:10, I (e), colloquially known as “No Means No”, provides that “if the meeting deletes a purpose, or reduces the amount appropriated for that purpose to zero or does not approve an appropriation contained in a separate article, that purpose or article shall be deemed one for which no appropriation is made, and no amount shall be transferred to or expended for such purpose.” Without question no amount may be spent from municipal revenues for the proposed municipal facility during that fiscal year. However, a question that is unresolved is whether unanticipated funds receive under RSA 31:95-b, or funds received

as gifts under RSA 31:19 could nevertheless be spent on the proposed facility.

As provided in RSA 31:95-b, IV, action taken to accept and expend such unanticipated funds shall “[b]e exempt from all provisions of RSA 32 relative to limitation and expenditure of town or village district moneys.” Based on this language, so long as the received unanticipated money did not require expenditure of other town funds, arguably that unanticipated revenue could still be expended. However, it is recommended that to put the town meeting on notice, and to potentially avoid the impact of “No Means No” separate and special warrant articles containing appropriations could include the following language: “In the event this article is defeated or amended to zero out any appropriation, this would not prevent the governing body from spending unanticipated funds received pursuant to RSA 31:95-b or a gift received under RSA 31:19 for the same purpose.”

Additional Resources to Aid in Preparation of the Town Budget and Getting Ready for Town Meeting

The New Hampshire Public Finance Consortium: https://nhpfc.org/

Financial forecasting and comparative budget analysis are important tools for municipal governments and are included among the Government Finance Officers Association (GFOA) best practices for budget preparation. The New Hampshire Public Finance Consortium (NHPFC) maintains their public web portal for exactly this purpose, providing free access to an expanding number of municipal datasets to help users overcome this challenge. The NHPFC site obtains municipal financial data directly from the NHDRA’s MTRSP database, providing public access to standardized financial data from every municipality in the state.

NHMA 2025 Important Date Calendars: https://www.nhmunicipal.org/calendars-printable-pdfs

All essential calendar dates necessary to ensure compliance with statutory deadlines for the annual meeting and budget preparation. NHMA also offers the iCal Calendars to permit you to download the Important Date Calendar for community into your electronic calendar. https://www.nhmunicipal.org/resources-publications/ calendars-ical

New Hampshire Department of Revenue Administration – Municipal Bureau: https://www.revenue.nh.gov/about-dra/municipal-andproperty-division/municipal-bureau

The Municipal Bureau assists towns, cities, village districts, school districts and counties in all facets of the tax rate setting process beginning with the annual meeting through the setting of tax rates. Technical assistance is provided for annual meetings and warrant articles, completion of forms and document due dates, budget committees, trustees of trust funds, the municipal audit program and emergency expenditure procedure.

Town Reports: https://scholars.unh.edu/nh_town_reports/

Having trouble finding that old town report that will solve the mystery about the language of a warrant article that created an inscrutable Capital Reserve Fund? UNH has downloaded and stored town reports dating back to the 19th century. If you can’t find that town report at town hall, you probably will find an electronic copy of that missing town report at UNH that you can review and then download.

Member Highlight: Classified Ads Postings

NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org

The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.

Member Highlight:

Classified Ads Postings

NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org.

If you would like to post a classified ad to NHMA ’s website, but not quite sure how to do it, please contact NHMA’s Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org

If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, please contact the NHMA at 603.224.7447 or info@ nhmunicipal.org.

Getting Intentional (and Inspired!) About Community Engagement

By Jay Minkarah, Executive Director, Nashua Regional Planning Comission

Angela Cleveland, Project Coordinator, North Country Council

Suzanne Nienaber, Principal Planner, Southern New Hampshire Planning Commission

As planners, we know community engagement is essential. Outreach and engagement efforts keep us in compliance with federal and state requirements related to nondiscrimination. The American Planning Association and American Institute of Certified Planners have stated that we have an ethical obligation to give people the "opportunity to have a meaningful impact," and ensure involvement opportunities are "broad enough to include those who lack formal organization or influence."

However, in a post-COVID era where people’s time and attention are constrained, the traditional workshop or public meeting may not be generating the same impact it once did – and many planners are looking for new ideas to reinvigorate their engagement toolbox. This article offers inspiration from three Regional Planning Commissions who are

The Spectrum of Public Participation

reframing strategies and embracing new technologies to create effective and multifaceted community engagement approaches. By getting intentional about meaningful engagement, planners have the opportunity to build trust, foster consensus among diverse community members, and cultivate stakeholder buy-in to ensure plans get implemented.

Capturing the Full Spectrum of Engagement Opportunities - Suzanne Nienaber, Southern NH Planning Commission

Rather than taking a piecemeal approach, planning organizations can become more deliberate about incorporating community engagement throughout our day-to-day work. At the Southern NH Planning Commission (SNHPC), we used a periodic update to our Public Participation Plan (PPP) to do just that. To update the PPP, we facilitated in-

teractive conversations with staff and Commissioners to capture SNHPC’s shared priorities related to public participation. Updated goals address: 1) expanding access to inclusive engagement opportunities; 2) building public awareness of regional priorities and programs; 3) strengthening stakeholder partnerships; and 4) regularly assessing our progress by tracking public participation performance measures.

Through this process, staff took a close look at our engagement toolbox to assess how different activities achieve different outcomes. By thinking of public engagement as a spectrum, we can create multiple entry points for involving the region’s stakeholders in a manner that works best for them – and for the unique needs of each project. SNHPC developed a “Spectrum of Public Participation” framework that’s tailored to the needs of planning professionals (see Figure 1).

While the PPP is a federally-required transportation planning document for Metropolitan Planning Organizations, it benefits all aspects of SNHPC’s work. For example, our team is working with the Town of Chester on their Master Plan and activating this framework using the following approaches:

• Inform: Collaborating with a highly engaged Steering Committee to create a project website and promote virtual and in-person engagement opportunities via newsletters, social media, postcards, yard signs, and programs on Chester Public Access Television.

• Consult: Conducting a survey (both online and on paper) to capture detailed input from 400+ community members.

• Involve: Facilitating a community workshop to promote dialogue on interrelated questions related to land use, housing, transportation, and natural resources.

• Collaborate: Working with a Steering Committee comprised of dedicated community leaders to shape ongoing public engagement efforts – including bringing local experts to the table to weigh in on draft plan content through virtual and in-person conversations.

• Empower: Meeting with Town decision-makers (e.g. Planning Board, Select Board, School Board, Conservation Commission) to discuss the Master Plan update process and provide the opportunity to integrate their own strategic priorities.

While the PPP was published in 2023, it remains a living document

that continuously shapes SNHPC’s work. Staff hold quarterly meetings to track PPP performance measures and hold candid discussions about engagement successes and challenges. By embedding a proactive engagement framework into everyday work, team members are able to continuously learn from and support each other across all planning projects.

Engagement Tools for the 21st

Century - Angela Cleveland, AICP, North Country Council

Statistics show that more people than ever are using social media and other electronic forms of communication in their day to day lives. How do some of the more innovative tools and techniques work though? Can we really expect people to participate electronically… meaningfully? In my experience, yes! But it shouldn’t be the only method of engage-

ment. A meaningful engagement plan needs to include a strong mix of engagement styles including inperson and virtual, and they should be mixed with ongoing activities and single events so you can keep people engaged throughout the planning process. Let’s explore some of the styles of engagement and the various tools you can employ:

In-Person Activities - Single Day

In-person events are essential to building community. There are so many ways to engage people in person - it doesn’t need to be through your traditional public meeting. And the best part is, some of these can piggy-back with existing events - bonus! Some of the exercises and techniques that engage the public collaboratively in person, include:

• Open House: single day event with flexible agendas, where people can come and go as they want, and respond to/participate in smaller events or booths to provide feedback and discuss with fellow residents/businesses.

• Post-it Note Flash Mobs: can be held on vacant storefronts, City/ Town Hall windows, or really anywhere where there’s a large vacant stickable space. The concept is that people respond to a question on a post-it note, and put it up with the other comments. Comments are collected and used in the planning process.

• Speed Planning: this type of event is organized like speed dating, where participants are paired off, given a question and a specific amount of time for each participant to answer the question and then they are asked to move over to the next seat. This is a fun event for teens and younger people, but all ages will enjoy this!

• Visual Preference Surveys: Visual preference surveys assess the public's perspective on images of natural and built environments. The process involves asking participants to view and rate a wide variety of images depicting streetscapes, land use, site design, building type, aesthetics and amenities. This can be

done as its own event, as part of an open house, or even virtually.

Ongoing In-Person Activities

Planning projects like Master Plans and Regional Transportation Plans are completed over a year or longer, allowing for a number of engagement opportunities. In order to keep people’s attention and engage them throughout the process, planning teams should consider providing ongoing in-person events to keep the conversation going. Again, these can be coordinated with existing programming, so the planning team doesn’t need to find space and secure other resources to host the activity. Some examples of existing venues include: farmer’s markets, cafes, grocery stores, or music events/concerts. In-person activities that continue the conversation include:

• Chatter Box: In Yorktown, a neighborhood in Philadelphia, the community was creating a new master plan. To engage the community, they created a box (see photo) where residents could record their stories about the neighborhood.

Post-it Note Flash Mob

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The stories were used on the radio, TV, and at events to promote pride in the neighborhood and learn what should be preserved and appreciated, or modified to fit the needs of existing and new generations. This was so successful that it resulted in the creation of a community space in the neighborhood where conversations continued for years to come.

• Informal Café Conversations/Meet ups: Host regular “office hours” of the planning team (or for a subcommittee or task force) to invite community members to meet on a regular basis to discuss community issues. There doesn’t need to be an agenda, but it helps to have a theme to drive interest and stay on topic.

Ongoing Virtual Tools - One-Way

There are a lot of virtual tools that can be used to engage the public. One set of tools is one-way, meaning they are meant to put out information to promote, educate or elicit individual (usually anonymous) responses. These types of tools are recommended to be used to support the planning process in concert with other tools, like in-person events and even other virtual tools (see below). One-way virtual tools include:

• Newsletters: Using tools like MailChimp or Constant Contact.

• Websites/webpages:Provide content on existing webpages or build a website. Don’t forget to use a QR code!

• YouTube: Upload presentations, videos from your planning project, or even advertisements. Have fun with it!

• Surveys: There are a number of survey tools out there. Tools like

Survey123 and SurveyMonkey cost money, but Microsoft and Google have survey tools (called forms) that can serve the purpose just as well.

• Scenario Planning Tools: there are a number of online scenario planning tools that allow residents to engage in situations that give the community feedback. For example, a common one is a Budget Simulator where residents give feedback on municipal budgets (see photo of Budget Czar from San Francisco). They are given a budget and allowed to “spend” the budget on line items that are important. They can watch as the budget changes, giving them an appreciation for how much municipal departments spend on services. These do cost money, but can be very effective in working with residents on sensitive issues.

Ongoing Virtual ToolsTwo-Way

Two-way virtual engagement has been a very important tool over the past decade. Pre-COVID, a lot of tools had been launched to engage people in game-like experiences for people of all ages, and once COVID hit, there have been even more. There are a number of virtual tools

that are collaborative, and they include: mySidewalk, Neighborland, coUrbanize, and MetroQuest. Social media can also be a useful two-way virtual tool, but needs a champion to ensure that residents’ comments are addressed. It is also useful to have a social media strategy to ensure you are staying on track with the planning project phases and tasks and monitoring the engagement statistics to assess what is working and not working– from the timing of your posts to who you are tagging.

Overall, it is suggested to develop an engagement plan that uses a variety of the techniques recommended above. As you are developing your plan, think about:

• What are you engaging the public in?

• Who is the public? Composition? Demographics? Language?

• What kind of resources do you have?

• What is your timeline?

The answers to these questions will help you decide which tools to use, how long to use them, and how to integrate them into your overall

Figure 2: Master Plan Work Session in Hudson

Engagement Toolkit:

• MindMixer: www.mindmixer.com (Paid)

• Neighborland: https://neighborland.com/ (Paid)

• Courbanize: https://www.courbanize.com/ (Paid)

• Poll Everywhere: https://www.polleverywhere.com/ (Free and Paid)

• Social Media: www.facebook.com http://instagram.com/ (Free)

• QR Codes: http://qrcode.kaywa. com/ (Free)

• WordArt: https://wordart.com/ (Free)

• ChatterBox: http://interfacestudio.com/projects/yorktownneighborhood-plan/ (Free, with minor materials)

• SurveyMonkey and Survey123: http://www.surveymonkey.com/, www.arcgis.com (Paid),

• Microsoft Forms and Google Forms (Free)

• MailChimp and Constant Contact: www.mailchimp.com, https://www.constantcontact.com (Paid)

• Websites: http://wordpress.com/, https://www.squarespace.com, https://www.webador.com (Paid)

• Budget Simulators: http://demo. citizenbudget.com and http:// www.sfbudgetczar.com/ (Paid)

On the Ground EngagementJay Minkarah, Nashua Regional Planning Commission

Outreach efforts occur in a variety

of ways and in different places, and depend on the goals of the initiative. For master plans and other common planning initiatives, planners can use charrettes. Charrettes are 1-3 day planning workshops where participants are organized into small groups to brainstorm on particular topics with the assistance of a facilitator (see Figure 2).

For NRPC’s Mobility Management Program, a different approach is required. The recipients of regional mobility management services are mainly older adults, people with disabilities, low-income individuals, diverse cultures, and veterans. The primary goal of the Mobility Management Program is to disseminate information about available transportation resources in the Greater Nashua Region and to better understand the needs of the populations served. This requires NRPC to meet people where they are and to be engaged in the community. Most commonly, this engagement involves one or more staff members sitting at a booth at community fairs, festivals, and events where target population groups are likely to be present (see Figure 3). Maintaining a visible pres-

ence in the community also creates a sense of familiarity and trust so that residents feel comfortable reaching out to our staff when needed. These stakeholders are also more likely to participate in other outreach and engagement approaches such as attending public meetings or responding to surveys.

The community festivals highlighted below are examples of some of the events NRPC staff have participated in since the inception of NRPC’s Regional Mobility Management Program in 2023.

• Brazilian Festival is held in a local park every two years. This festival highlights the rich offerings of the Brazilian community in Nashua including delicious food, lively music, and local Brazilian business. These efforts led directly to increased attendance by members of the Brazilian community at our Regional Coordination Council for Community Transportation meetings.

• Harvest Fest was held at a local Title 1 Elementary School with

Figure 3: NRPC's Mobility Manager at a recent Veterans Outreach Event

students, parents, teachers, and administrators to promote a walkto-school project.

• Quinceanera was the 15th anniversary of the Rogers Memorial Library in Hudson with an authentic Mariachi Band, Spanish-themed refreshments, and recognition of the donation of the Rogers Family in the building of the Library.

• Tree Street Block Party is held annually in a downtown neighborhood in Nashua featuring community groups, public officials, and community members.

• The Multicultural Festival of Greater Nashua recognized Nashua as a Welcoming City. The Festival began with a flag parade of the many cultures represented in Nashua and featured singers, dancers, and performers from

many cultures including Chinese, Asian Indian, Spanish, Brazilian, and American. Approximately 800 people attended the 2024 Multicultural Festival.

• Milford Pumpkin Festival is held annually in downtown Milford. This event brings people from around the region. It is a true community event with families, civic organizations such as the Rotary and Lions Clubs, and public officials.

• The Multicultural Diwali Festival held at Rivier University in Nashua. This event included Nashua’s large South Asian community along with students, faculty, and staff. Music and dance filled the hall as spectators enjoyed Asian Indian food.

At all of the functions highlighted above, NRPC staffed a booth and often participated in other event activities. Participation in these events served to deliver the message of regional mobility management to as many residents who need transportation services as possible while providing staff with a much deeper understanding of the needs of our increasingly diverse community.

As planners and public sector leaders, we are responsible for communicating and collaborating with a wide variety of stakeholders – including the general public, local decisionmakers, and residents in need of services. No matter what your community’s unique challenges may be, we hope this article has inspired you to experiment with a new strategy or two to keep everyone engaged and informed.

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Legal Q and A Understanding Law Enforcement FOIA Exemptions

By Jonathan Cowal, NHMA Municipal Services Counsel

In 1978 the New Hampshire Supreme Court ruled that since there were no legislative standards governing police investigatory files in the Right-to-Know Law, RSA 91-A, the Court would implement exemptions found in the federal Freedom of Information Act (FOIA). The Court adopted 5 U.S.C §552(b)(7) which permits the withholding of records compiled for law enforcement purposes if that disclosure would have one of six adverse consequences. Now, when someone files a Right to Know request for “law enforcement” records, municipalities must evaluate that request under both the exemptions contained in RSA 91-A and the six FOIA exemptions. If information contained within a law enforcement governmental record falls into any of these exemptions, it could be withheld or redacted.

Q. What are the FOIA exemptions that apply to Law Enforcement records?

A. The six FOIA law enforcement exemptions hold that information can be exempt from public disclosure if release of such information would:

1. Interfere with enforcement proceedings;

2. Deprive a person of a right to a fair trial;

3. Constitute an unwarranted invasion of privacy;

4. Disclose the identity of a confidential source, or confidential information furnished only by a confidential source;

5. Disclose investigative techniques and procedures; or

6. Endanger the life or physical safety of any individual.

Q. I received a request for law enforcement records that may fall into one of these categories. Can I simply deny the request?

A. Recently, the New Hampshire courts have provided some additional context related to citing one of these exemptions pursuant to a Right to Know request under RSA 91-A. To start, the court has established that simply stating “records are exempt because disclosure will deprive a person of a right to a fair trial” may not be good enough. This is a self-serving statement that may need more context to be viewed as a valid exemption to a public records request. Essentially, denying a Right to Know request by simply stating one of the six exemptions is missing the requirement to say “why”. Why would release of these records to the public deprive a person of a right to fair trial? A better response would be something like, “disclosure will deprive a person of a right to a fair trial because this is a high-profile criminal matter and disclosing information related to the case may taint the pool of potential jurors needed to resolve the matter.” Another example may be, “this is an ongoing investigation and release of these records could inform suspects and witnesses of where the investigation is heading, thus interfering with law enforcement proceedings”. It is a good idea to include some sort of general explanation as to “why” as opposed to simply listing one of the six exemptions without further context.

Q. What if the records requested are part of an active criminal prosecution? Aren’t those records obtainable through discovery or the court system?

A. Sometimes, police departments will receive a Rightto-Know request for records that are available through other means, such as the discovery process. When you receive a Right to Know request for records related to an active prosecution, it is important to remember that there are different laws and different rules that apply to records requested as part of the civil or criminal dis-

covery process and records requested as public records under RSA 91-A. Most importantly, you will notice that “the records are available through discovery” is not one of the listed exemptions contained in FOIA or RSA 91-A. What this means is that if you receive a Right to Know request for records that are part of a criminal or civil case, it is not appropriate to deny that request by citing the fact that the records could be obtained through discovery. When you receive a Right to Know request, you must always perform a Right to Know

A. Here is an example of how this might play out; Imagine that your police department arrested someone on drug charges and posted a press release on the police department Facebook page showing a picture of the defendant and all the drugs which were confiscated. That case, along with all the police reports, forensic reports and other records is now being prosecuted by the County Attorney’s Office. During the pendency of the case, the police department receives a Right to Know request seeking all records related to the case. It would

public records actually exist that may subject to disclosure. Remember, it doesn’t matter who is making the request. Public records are by nature records that are available to any member of the public. Therefore, in the above example, most of the investigatory files would likely be exempt under FOIA because release of those records to the public as a whole would likely deprive the defendant of a right to a fair trial by tainting the potential jury pool or would be a violation of the involved parties right to privacy. However, the Facebook post related to the arrest is already available to the public and is probably going to be considered a non-exempt governmental record that should be disclosed under a Right to Know request. Even though that Facebook post is also part of the criminal discovery process and could be used as evidence in the case, it is a non-exempt public record and should be disclosed pursuant to a Right to Know request.

What are your duties and responsibilities as Town Administrator?

My duties consist of managing the day-to-day operations of the Town Office, making recommendations to the Board of Selectmen, and working with all Town Departments, employees, elected officials, and Town boards and committees and to further assist the public with their municipal needs. Other duties consist of implementing policies set by the Selectmen and representing the Town in various matters.

What was your biggest challenge in performing your duties?

My biggest challenge is trying to keep pace with such a wide variety of issues and so many new regulations and changes to laws, while still fulfilling the job duties efficiently. As Town Administrator everything comes across your desk needing your attention and it is challenging to prioritize what is most important for that day because you cannot accomplish everything in one day, week or even a year in municipal government!

"...it is impossible to please everyone as we all have different perspectives. It is important to be able to learn and listen to others' perspectives and be able to adapt to the ever-changing society."

How has NHMA helped you to do your job?

NHMA has kept me abreast of all the changes going through the legislature and has been a key resource for me. Their legal advice has always been helpful and very timely, and I always gain knowledge and insights from the workshops they offer throughout the year. NHMA is constantly supporting NH municipalities by advocating on their behalf, which then trickles down into the daily operations of our towns.

What is the public perception about your job and how does it differ from the realty of your job?

It depends on who you ask, however, I think people may perceive the job as a “cushy government job” However, the reality is that the town employees are the ones down in the trenches of municipal government and it is not in the least bit a “cushy” job.

Has your public position changed you personally?

I would say my position has somewhat changed me from a personal standpoint. I think I am considered to be a “people pleaser” but in this role, it is impossible to please everyone as we all have different perspectives. It is important to be able to

and listen

Has your job changed the way you look at the role of government?

If I did not have a role in local government, I would not come close to understanding the way local government operates. There is so much going on in this world and it seems people are busier than ever today. I used to think we vote these people in office to conduct town business on our behalf, so it didn’t much matter. I was wrong, being on the other side of it, and learned how important it is to pay attention to what is going on in our local communities and at the state level.

What lessons about human nature have you learned in your municipal role?

The concept of human nature combined with politics makes for an interesting and unique field of work. Naturally, some people are good and some bad, some are atomistic, prioritizing their own needs at the expense of others and some are altruistic, naturally inclined to help and support those around them. In my role, it is important to be able to meet people where they are and not pass judgment on them. Humans may act in a way that is unpleasant to many, but I have learned sometimes it is our human nature that drives us to act a certain

Cordell A. Johnston Attorney at Law

way, and chances are we are acting that way because we are passionate about it.

What advice would you give someone who would like to follow in your footsteps into the job?

My advice would be not to take anything personally. People are passionate about their beliefs even when it comes to town politics. Focus on what is important for the town and ignore the sideshows.

Representing towns and cities

P.O. Box 252 Henniker, NH 03242 603-748-4019

cordell@cajohnston.com

Are you planning a capital project for 2025?

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.

To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note

please contact Tammy J. St. Gelais, Executive

at tstgelais@nhmbb.com.

Tech Insights

Understanding Technical Debt for State Government

When delivering reliable services to individuals and communities, managing resources across a state government means minimizing and eliminating costly investments that impede an agency’s ability to meet changing demands. Just as financial debt accumulates interest over time, so does technical debt. Understanding technical debt and its impact on state government can dramatically improve operational efficiency so that agencies can drive better outcomes for the communities they serve. So, what is technical debt?

Technical Debt & It’s Affects Downstream

Technical debt refers to the cost of design, development and technology decisions made to address short and longterm needs. A company that is proactively addressing their end-of-life technology or future solution needs will likely reduce their overall tech debt. However, addressing these needs becomes increasingly harder and more time-consuming to manage if legacy solutions are left in place for too long. Organizations can end up having to pay more in the long run just to support these outdated solutions, which increases their overall technical debt.

This creates a myriad of downstream issues for state agencies including: inefficiencies across the infrastructure, a weakened organizational security framework and a limited ability to adopt next-generation innovation. Any one of these issues can have a negative impact but when combined and compounded over time, technical debt can create a “debt” that is too large to “repay.”

The continued rise of cybercrime has only exacerbated the cost. Organizations are at risk of undermining their overall security posture throughout their IT infrastructure. Technical debt can weaken an organization’s security framework by creating vulnerabilities through outdated systems, improperly designed infrastructure and missing

updates needed for optimal operations. Collectively, these shortcuts to support temporary needs leave organizations vulnerable to cyberattacks, compliance issues and data breaches.

Agencies must address the long-term sustainability of both equipment and software systems – many of which may lack the documentation and specifications that agencies need to validate their systems. This validation is what allows IT leaders to understand the potential use or risk associated with these systems. It’s also important to understand the interdependency between systems, as not simply a stand-alone solution but part of a complex interconnection of technology. A change to one portion –even to reduce technical debt – can impact other systems and lead to compounding issues.

While cost is a major driver for maintaining existing equipment, patching delays can occur or be missed altogether, giving hackers a prime target. When technology is pieced together over time to meet short-term needs, it makes management and incident prevention more difficult, increasing the risk of gaps in security. When technical debt is not managed, it leads to failures in meeting compliance standards that are necessary for state organizations.

In the intricate landscape of state and local government services, the network stands as a linchpin for mission execution. Often times this technical debt stems from outdated devices, old operating systems, incomplete configurations, and legacy operational and consumption models. The longer it remains unresolved, the more resources are required to fix it. It impacts the delivery of new projects and weakens operational resilience. But there are ways to reduce your agency’s technical debt.

Implementing a “Technical Wellness” Approach

A new paradigm called “technical wellness” seeks to address technical debt by focusing on proactive and preventive care. This involves using enhanced tracking, measurement, and predictions to address suboptimal technologies before they become larger issues.

This can involve acknowledging and identifying critical areas of technical debt and developing a roadmap to address them proactively. With this roadmap you can begin to strategize on how to gradually update legacy systems and migrate to newer technologies. Along with updating old systems, your organization should be conducting regular security assessments to identify vulnerabilities and prioritize remediation efforts. This security assessment should also include a robust patch management process to help ensure timely updates. All of this is enabled through

the allocation of sufficient funding to address technical debt and prevent further accumulation.

How as-a-Service Can Prevent Technical Debt

Without the right roadmap, getting a handle on your organization’s technical debt can seem like an enormous undertaking. To help simplify this modernization process for state and local governments, Red River provides an Everything as-a-Service (XaaS) model. XaaS is a subscription model for procuring IT solutions (hardware, software and services), tailored to each agencies’ preferences or requirements for features, functions, practice areas and even outcomes.

It directly addresses the issue of technical debt and liberates state agencies from upfront capital expenditures

tied to hardware procurement. By adopting this new financial model and approach to modernization, agencies pay only for the technical capabilities they need, when they need them, leading to increased flexibility, scalability and cost-efficiency.

This model supports dynamic allocation of networking resources, rapid deployment of new services, and accommodates the evolving demands of agency operations without the financial burden of owning and maintaining hardware. The shift contributes to the elimination of technical debt, as it replaces outdated systems with modern, up-to-date services that require less maintenance and can adapt quickly to evolving mission needs, keeping agencies at the forefront of innovation.

To explore as-a-Service solutions, visit https://redriver.com/services/ xaas

2025

TOWN

AND SCHOOL MODERATORS WORKSHOP

Join us for this comprehensive workshop designed to equip town, village district, and school district moderators with the knowledge and skills needed to lead effective meetings. Attendees will receive an electronic copy of NHMA's 2024-2025 Town Meetiing and School Meeting Handbook and Supplement.

SB2:

SATURDAY, JANUARY 11, 2025 - 9:00AM TO 1:30PM

TRADITIONAL TOWN MEETING:

SATURDAY, FEBRUARY 22, 2025 - 9:00AM TO 1:30PM

AGENDA:

• 9:00 AM - Welcome - Workshop Overview

• 9:10 AM - 11:00 AM - The Basic Law of Town, Village District and School District Meeting Break Out Sessions

○ Advanced Moderators

○ Beginning Moderators

• 11:00 AM - Break

• 11:10 AM - What Works & Doesn't Work for Elections

• 12:00 noon - Break

• 12:20 PM - Hypotheticals

• 1:30 PM - Workshop Ends

These workshops will be held virtually. There will be no in person attendance option. Registration Fee: $55.00*

*For NHMA and NH School Board Association Members only 603.224.7447

Launched last year, our platform enhances visibility for businesses providing valuable products and services to New Hampshire's municipal governments. Get noticed and grow your municipal client base today!

TOWN & CITY

Recognition in the Town and City magazine (approx. 6,000 print and digital subscribers).

WEBSITE FEATURE

Rotating features on our homepage, encouraging members to support our online advertisers.

NEWSLINK AD

A one-time business card-sized promotion in NewsLink, upon request (approx. 1,050 subscribers).

DIGITAL SUBSCRIPTION

Complimentary digital subscriptions to Town and City magazine and our NewsLink e-newsletter.

? NAME THAT TOWN OR CITY

Located in Rockingham County, New Hampshire, this town is drained by the Winnicut River and bordered on the northwest by Great Bay. One of the earliest settlements in the state, it began as a parish of Portsmouth in 1638. In 1640, Captain Fran cis Champernowne relocated from Portsmouth and settled near the area that is now the Portsmouth Country Club. The town was initially intend ed to be named "Canary" before re ceiving its current name.

In 1706, residents petitioned for and were granted the establishment of a separate parish. A significant landmark is the Weeks House, built in 1710 by Captain Samuel Weeks. This sturdy brick structure is believed to be the oldest brick house in New Hampshire still standing. It even withstood the powerful Cape Ann earthquake of 1755, sustaining only minor damage to its 18-inchthick beams. The Weeks House is commemorated by a New Hampshire historical marker (#113) along Route 33.

When you have figured out the answer, email it to maugustine@nhmunicipal.org. The answer will appear in the March/April 2025 issue.

ANSWER TO PHOTO IN THE SEPTEMBER/OCTOBER ISSUE:

The photo on page 48 in the last issue of New Hampshire Town and City magazine is that of the Town of Auburn.

Special thanks to Bob Belmore, Sue Girouard, Caitlyn M. Folia, Bruce Smith, and Fred Welch who responded with the correct answer!