New Hampshire Town and City Magazine, March-April 2022 by New Hampshire Municipal Association

March/April 2022

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Longing for a “Normal” Town Meeting...................................................... 12 Johnston Receives NHBA Award.................................................................. 16 53 Ideas on How You Can Govern Better................................................... 18 A Capital Improvement Plan is Not Just a Wish List.................................. 22 COVID-19 Precautionary Measures for Town Meeting 2022 - An FAQ...26 Local Airports Offer Many Benefits to New Hampshire Residents......... 28

We’re We’re committed committed staying totostaying connected. connected.

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

Call Beth Galperin at 1.800.477.5258 or the Client Services Group at 1.844.464.7347 or visit www.nhpdip.com Thisinformation information is is for for institutional investor This investor use use only, only, not not for for further furtherdistribution distributiontotoretail retailinvestors, investors,and anddoes does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Pool’s investment objectives, risks, charges and expenses before investing in the Pool. should consider the Pool’s investment objectives, risks, and expenses beforeStatement, investing inwhich the Pool. This and other information about the Pool is available in charges the Pool’s current Information This information is for institutional investor use only, not for further distribution to retail investors, should readinformation carefully before of theinPool’s Information may be obtained by and does This andbeother aboutinvesting. the Pool Aiscopy available the Pool’s currentStatement Information Statement, which not represent an offerortoissell or a solicitation of anwebsite offer to buy or sell any fund or the other security. Investors calling 1-844-464-7347 available on the NHPDIP at www.nhpdip.com. While Pool seeks should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by to maintain a stablethe netPool’s asset value of $1.00objectives, per share, itrisks, is possible to lose investing in the Pool. in the Pool. should consider investment charges andmoney expenses before investing calling 1-844-464-7347 or is onorthe NHPDIP website at WhileCorporation the Pool seeks An investment in information the Pool is available not insured guaranteed by theinFederal Deposit Insurance This and other about the Pool is available thewww.nhpdip.com. Pool’s current Information Statement, which or any other government agency. Shares of the areof PFM Inc.,Pool. to maintain stable net asset value of $1.00 per share, itdistributed is possible lose Fund moneyDistributors, investing inmay the should bearead carefully before investing. APool copy the Pool’sbytoInformation Statement be obtained by member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection calling 1-844-464-7347 is available the NHPDIP www.nhpdip.com. While the Pool seeks An investment in the Pool isornot insured or on guaranteed by thewebsite Federalat Deposit Insurance Corporation Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., in the Pool. Management LLC. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. (www.finra.org) is a wholly ownedand subsidiary of PFM AssetProtection member Financial Industry Regulatory Authority (FINRA) Securities Investor Management CorporationLLC. (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset

Management LLC.

Contents Table of

Volume LXV • Number 2

March/April 2022

12 16 18 22 26 28 30

A Message from NHMA Executive Director

5 2021 Annual Report 9 Happenings 11 Upcoming Events 34 Up Close and Personal on the Board: William L. Duschatko 35 Up Close and Personal on the Board: April Hibberd 36 Transformation and Simplificaton 38 Unite Us in New Hampshire 40

HR Report: New Hampshire Supreme Court Weighs In on Employee Accomodation Requests Related to Therapeutic Cannibis

Court Update

Tech Insight: APRA Coronavirus State and Local Fiscal Recovery Funds Final Rule Confirms That Municipalities May Use Funds for Cybersecurity, IT Services, and Websites

46 Legal Q&A: Right-to-Know and Privacy Q&A 48

NLC Report: Racial Equity Action Plans: A How-to Manual - Toolkit to Assist Local Governments

55 This Moment in NHMA History 55 Name That City or Town 56 Upcoming Webinars

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

Margaret M.L. Byrnes Timothy W. Fortier

Contributing Editors Margaret M.L. Byrnes Natch Greyes Production/Design

Evans Printing Co.

2019-2020

Longing for a “Normal” Town Meeting Cordell Johnston Receives New Hampshire Bar Association Award for Outstanding Service in Public Sector/Public Interest Law 53 Ideas on How You Can Govern Better A Capital Improvement Plan is Not Just a Wish List COVID-19 Precautionary Measures for Town Meeting 2022 – An FAQ Local Airports Offer Many Benefits to New Hampshire Residents NHMA Gears Up for 2023-2024 Legislative Policy Process. It’s Never Too Early to Submit Policy Suggestions

Legislative

Cover: Town of Bradford.

Policy Positions

Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301. NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2022 New Hampshire Municipal Association

www.nhmunicipal.org

MARCH/APRIL 2022

New Hampshire Municipal Association

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

Shaun Mulholland -

Laura Buono - Chair Town Administrator, Hillsborough

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

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Cheryl Lindner - Secretary Treasury Management Officer, Nashua

City Manager, Lebanon

Candace Bouchard City Councilor, Concord

David Caron Town Administrator, Derry

Conservation Commission, Holderness

Shelagh Connelly

Phil D’Avanza Planning Board, Goffstown

Bill Duschatko Councilor, Bedford

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Manager, Newmarket

Joanne Haight Selectboard Chairman, Sandwich

Bill Herman Town Administrator, Auburn

April Hibberd Selectman, Bethlehem

Neil Irvine Town Administrator, New Hampton

Holly Larsen Finance Director/Tax Collector, Berlin

Patrick Long Alderman, Manchester

Conner MacIver Town Administrator, Barrington

Selectman, North Hampton

Jim Michaud Chief Assessor, Hudson

Judie Milner City Manager, Franklin

Dennis Shanahan Councilor, Dover

David Stack Town Manager, Bow

David Swenson Selectman, New Durham

NEW HAMPSHIRE TOWN AND CITY

Immediate Past Chair

Jim Maggiore -

Immediate Past Vice Chair

www.nhmunicipal.org

A Message from the

NHMA

Executive Director

Margaret M.L.Byrnes

n the January/February issue of Town & City, I encouraged members to get involved in NHMA’s upcoming legislative policy process. It’s not just that your voice is the most crucial part of NHMA’s advocacy, or that it’s important NHMA’s policies reflect the perspectives of a wide cross-section of our membership, or even that it’s a membership benefit that we want our members to take advantage of—although those are all good reasons. This year, there is an added reason for local officials to get involved, a more targeted threat to local government: HB 1033. This bill would prohibit any recipient (e.g., organization, individual) of town or city funds from lobbying. Any recipient of such a grant or appropriation would have to segregate the funds in such a manner that they are “physically and financially separate from any other funds that may be used for . . . these purposes.” This type of bill is not new; in fact, every few years there has been a bill like this that seeks to cripple the ability of local governments to express their opinions to the legislature. However, given the emerging trends in the legislature, this legislation requires significant attention. Every year, legislation is filed that affects local government directly—often to encumber, micromanage, or otherwise burden the ability of local officials to do their jobs. There is often legislation to create new costs for local governments or to downshift costs from the state to cities and towns, and strong advocacy is needed to reject new burdens and to urge the state to keep its promises on local revenue streams, like Meals & Rooms tax distributions and state aid grants for water and sewer. Of course, helpful legislation is also filed every year, and it’s just as important that the voice of local government officials be heard to support those bills and work with legislators to make positive changes.

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Mechanical, Electrical, and Structural Engineering

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Supporters of legislation like HB 1033 have often argued that local officials should not be permitted to spend taxpayer money on legislative advocacy. Whether local officials attend hearings or follow legislation on their own, or whether they join organizations or use lobbyists to assist them, engaging in the legislative process requires the use of local resources. Local officials have formed various organizations to provide networks of support and a unified voice in training, education, and advocacy, recognizing that it is more efficient, cost effective, and inclusive for these organizations to work for and with them. These organizations run the gamut of the many areas of municipal service, from public works, to assessing officials, tax collectors and town clerks—all of which help local government officials engage with each other and with their legislature, as is their right to do. And the expenditure of local funds should not be a state decision; local governments should make these decisions for themselves, just as the state makes its own decisions about joining or contributing to organizations that engage in lobbying. Every municipal legislative body—in most cases, the town meeting—has the opportunity to decide how it will spend its money. Most political subdivisions have decided that it is more cost effective to contribute to organizations that speak on their behalf, rather than pay to send elected officials or employees to the legislature every week. HB 1033 and legislation like it serve to remind us that it’s more important than ever that local officials get engaged, and speak with their legislators, so that the voice of local government is not edged out of the legislative process.

Warmest regards,

Margaret M.L. Byrnes, NHMA Executive Director

MARCH/APRIL 2022

2021 Annual Report MEMBERSHIP MATTERS!

Laura Buono, Board Chair, Town Administrator, Hillsborough

As we approach town meeting “season” 2022, we did not expect to still be talking about masks, social distancing, and COVID-19 cases in our communities. The pandemic is still with us, and although we learned so much in 2020, 2021 featured both continuing and new challenges for local governments, including strains on the municipal workforce, difficulty returning to in person meetings, misinformation surrounding the integrity of our wellrun election process, and an overall uncertainty on so many fronts.

Margaret Byrnes, Executive Director

That being said, 2021 was full of positives and silver linings. A major highlight (and focus) of 2021 was an unprecedented investment in local governments across the country: The American Rescue Plan Act (ARPA) passed by Congress provided direct relief funds to cities and towns for a wide variety of projects and purposes. And despite starting the state legislative session with a slew of anti-local government bills, we were incredibly pleased that the session ended, overall, with success. As you will see in the annual report, NHMA continued to provide virtual training and digital resources for our members, but we also were able to take a small step back into the world of in-person events with our successful “hybrid” annual conference in November. And last (but certainly not least!) we welcomed two new members to our staff last year: Government Finance Advisor, Katherine Heck, and Municipal Services Counsel, Jonathan Cowal. NHMA’s Natch Greyes stepped into the role of Government Affairs Counsel with the retirement of Cordell Johnston, 18-year NHMA veteran. The year is off to a busy start, but we’re ready for another great year of serving our members and associate members!

Membership Representing all municipalities (234 cities and towns) in New Hampshire

31 Affiliate Group members representing municipal professions comprised primarily of municipal officials serving a particular position, such as assessors or road agents 38 Associate Members, including 6 counties, 9 regional planning commissions, 5 fire districts, 11 water and sewer districts, 10 village districts and more

Through the collective power of cities and towns, NHMA promotes effective municipal government by providing education, training, advocacy and legal services.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Legal Services Attorneys handled over 3,397 legal inquires Top 5 legal inquiries were Selectmen’s Authority, Right-to-Know Law, Planning board, Town Meeting, Zoning Board of Adjustment, and COVID19 issues 25 workshops (21 held virtually) with over 1,600 attendees Presented 6 webinar programs with over 530 attendees Hosted 7 On-Demands covering topics including Right-to-Know Law, planning board roles and responsibilities, and road and land law issues Filed an Amicus Brief , Motion for Reconsideration , in the case of Hampstead School Board v. SAU #55, filed May 29, 2021

Presented to 18 outside agencies on remote meetings, planning board basics, social media, borrowing, downshifting, governance, budgeting and more

Additional Resources Second class of the Academy for Good Governance attended by 49 municipal and school officials Maintained dedicated webpage to the American Rescue Plan Act of 2021, including quick links on eligible uses, reporting and compliance and other resources Developed joint collaboration, the Broadband Planning Network, with the National Collaboration for Digital Equity (NCDE) for members interested in the opportunity to undertake broadband investment planning together Through the collective power of cities and towns, NHMA promotes effective municipal government by providing education, training, advocacy and legal services.

www.nhmunicipal.org

MARCH/APRIL 2022

Advocacy Through the budget process, the meals and rooms tax statute was amended to require distribution of 30 percent of the revenue to municipalities—not the 40 percent that was originally guaranteed, but far better than what has actually been distributed over the past several decades

969 subscribers to Legislative Bulletin After a disturbing supreme court decision threatened the confidentiality of communications between municipalities and their legal counsel, the legislature quickly amended RSA 91-A to clarify that those records are exempt from disclosure A broadband matching grant initiative was established to help municipalities expand broadband coverage The net metering capacity limit for “municipal hosts” was increased from one megawatt to five megawatts A pilot program for the use of electronic poll books to check in voters at state and municipal elections was made permanent

Communications Reduced the number of print copies of Town and City from 2,200 to 1,750 via a direct “Go Green” campaign with members

1,750 print subscribers to New Hampshire Town and City

1,029 subscribers to NewsLink Through the collective power of cities and towns, NHMA promotes effective municipal government by providing education, training, advocacy and legal services.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Education and Training 19 webinars; 1,336 registrants; 961 attendees; on variety of topics including Excel training, cyber security, municipal solar and net metering opportunities, infrastructure funding, state aid and revenue sharing, and more Over 600 members accessed NHMA’s webinar archive in 2021 57,300 local government employees in New Hampshire (NH Employment Security, Economic & Labor Market Information Bureau, October, 2021 Developed a series of seven tutorials to assist members and Account Administrators in managing wage data, classifieds, website users, municipal officials and organization, via the member portal Did you know that New Hampshire is a state largely comprised of small towns? In fact, over 70 percent of the 234 cities and towns have populations less than 5,000

Virtual Annual Conference & Exhibition Over 260 members from 104 cities and towns attended our first-ever “hybrid” Annual Conference and Exhibition Received generous support from over 50 sponsors and exhibitors

Please visit our website regularly to take advantage of all our member resources and stay up-to-date on NHMA events Thank you for your commitment to local government and for your support of NHMA! Through the collective power of cities and towns, NHMA promotes effective municipal government by providing education, training, advocacy and legal services.

www.nhmunicipal.org

MARCH/APRIL 2022

M U N I C I PA L L AW G RO U P

Representing Municipalities in all areas including

Administration & Finance Land Use Tax Abatements

Labor & Employment Environmental Litigation Bankruptcy

“All our thoughts and notions of civil government are inseparably associated with counties, cities, and towns...” STATE V. HAYES, 1881

law@uptonhatﬁeld.com or uptonhatﬁeld.com

Concord | 6 03 -2 24 -7 7 9 1

Hillsborough | 6 03 - 4 6 4 -557 8

NEW HAMPSHIRE TOWN AND CITY

Peterborough | 6 03 - 924 -3 8 6 4

Por tsmouth | 6 03 - 4 36 -70 4 6

www.nhmunicipal.org

HAPPENINGS Cowal Joins NHMA as Municipal Services Counsel Please join NHMA as we welcome our newest staff member, Jonathan Cowal, to the team. Jonathan Cowal provides both legislative and legal services to NHMA’s member municipalities. Before joining NHMA, Jonathan served as a prosecutor in both Rockingham and Hillsborough County. Jonathan received his bachelor’s degree from Bridgewater State University and is a 2015 cum laude graduate from New England School of Law in Boston. Jonathan worked briefly as an associate attorney at the law firm of Falbo, Solari and Goldberg in Winthrop, Massachusetts before becoming an Assistant District Attorney for Essex County in 2015. Please join us in welcoming Jonathan Cowal to the NHMA team as our Municipal Services Counsel.

Time to Update Wage & Salary Survey The time has come again for all member municipalities to review, update and verify their wage and salary information in the Members Features box on NHMA’s landing web page: www.nhmunicipal.org. Please look for “Municipal Wage Data” in your Member Features box as the spot to update this important member information. Every year, NHMA asks our members to update their member compensation information for the online wage survey. The information members provide allows for an annual report of the wages and salaries paid to New Hampshire municipal employees and elected officials. NHMA makes the survey data available to members through its website: www.nhmunicipal.org. Municipal members can use this online tool to make sure that their compensation scale is competitive with other municipalities with comparable populations and budgets. Responding to the wage survey is voluntary, but NHMA encourages all cities and towns to complete it every year, since widespread participation makes the data more useful. The 2022 wage survey will be available for data entry until May 31st! www.nhmunicipal.org

After Each Election, Update Your Information with NHMA Please Update Your Municipal Roster by May 31st!

Most towns are beginning to hold their town meeting starting in March, so this is a good time to remind members to update their municipal roster. Since town meeting means reelections and new elections, we ask that you take a moment to update your information for our New Hampshire Municipal Officials Directory. The time has come again for all member municipalities to review, update and verify their information in the Members Features box on NHMA’s landing web page. If you think you have a member account with NHMA, but can’t see the Members Features box shown above, then click the NHMA logo in the upper left-hand corner like a reset button. If your Members Features box appears, then you have membership rights. If your Member Features box does not appear it is likely that you do not yet have a member account with NHMA. Please consult with your Account Administrator, typically someone in supervisory role such as town manager or human resource director, in creating a member account for you. To maintain the accuracy and timeliness of all submitted information, each municipal member is expected to have one or two persons handle these updates. The deadline is May 31st. Updating this information each year helps NHMA make sure it can effectively communicate and engage with municipal officials from across the state on legislative activity and opportunities for workshops, webinars, conferences, and other educational and training events. Deadline is May 31st. This gives the six municipalities with elections in May plenty of time to complete this assignment. As always, we thank you for your help in making the Directory as complete and up to date as possible. MARCH/APRIL 2022

NHMA Offers Customized “On-Demand” Training Services!

HAPPENINGS from page 5

*NEW* New Hampshire Automatic External Defibrillator (AED) Registry New Hampshire actively supports the use of AEDs in public and private settings. NH RSA 153-A:33 requires owners to register devices with the Department of Safety within 30 days of acquisition. It has been proven that AED devices significantly improve the chance of survival with a patient experiencing a sudden cardiac arrest (SCA). It is important to make AEDs accessible in emergencies. Furthermore, the ability to direct 9-1-1 callers to a nearby AED can save a life. New Hampshire has partnered with PulsePoint AED to manage the registry of AEDs and their locations. PulsePoint is a public, non-profit organization and its core mission is to improve cardiac arrest survival. PulsePoint AED registry integrates with NH 9-1-1 allowing Telecommunicators to inform callers of the exact location of nearby registered AEDs via GPS coordinates. To enter a new AED, please visit https://aed.new

Zoom platform.

Thanks to COVID-19, we’re doing things a little differently with our “OnDemands” training. Instead of having a legal services attorney travel to your city or town, we’re now offering “On-Demands” as virtual presentations via the Teams or

Attendees would log in to the training program from the comfort of their home or office and attend virtually, with the ability to ask live questions of the presenting attorney. Please contact us at mailto:legalinquiries@nhmunicipal.org for more information! NHMA will offer this alternative method of training on a date and time that would be suitable for your board and staff, and you could always invite surrounding member municipalities to participate and contribute to the total cost. The cost is: $400.00 for a 2-hour, virtual On Demand (1 attorney); $550.00 for a 2-hour, in-person On-Demand (1 attorney); and $725.00 for a 3-hour, in person On-Demand for law enforcement (two attorneys). If interested, please Download Fillable PDF On-Demand Order form on our website and follow instructions.

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

Special counsel services include:  Telecommunica�ons  Tax Assessment  Eminent Domain

 Appellate  Labor & Employment  Li�ga�on

 Water  Growth Control  Land Use & Planning

 U�lity & Infrastructure  Police  Environmental

Also available for conict counsel services OFFICES IN EXETER, PORTSMOUTH, MEREDITH & CONCORD, NEW HAMPSHIRE

WWW.DTCLAWYERS.COM DONAHUE, TUCKER & CIANDELLA, PLLC E‐mail: info@DTCLawyers.com Toll Free: (800) 566‐0506 For inquiries please contact Christopher Boldt or Sharon Somers

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Upcoming

Events

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

MARCH Informational Webinar with Congresswoman Kuster and National League of Cities 11:00 am – 12:00 noon Friday, March 4 NHMA Webinar: Unite with Us New Hampshire! 12:00 noon – 1:00 pm Tuesday, March 15 NHMA Board of Director’s Meeting 9:00 am – 11:00 am Friday March 18

APRIL NHMA's Legislative Policy Process - Organizational Day 25 Triangle Park Drive, Concord 9:00 am – 11:00 am Friday, April 1 2022 Local Officials Hybrid Workshops Free for members! 9:00 am – 4:00 pm Tuesday, April 5 NHMA Webinar: ZBA Basics 12:00 noon – 1:00 pm Wednesday, April 13 NHMA Board of Director’s Meeting 9:00 am – 11:00 am Friday April 15 NHMA Workshop: The Right-to-Know Law and Public Meetings and Governmental Records 9:00 am – 1:00 pm Thursday, April 28 Zoom/$55.00 Please visit NHMA’s website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.

www.nhmunicipal.org

MARCH/APRIL 2022

Longing for a “Normal” Town Meeting By Cordell Johnston, Henniker Town & School District Moderator

hen I was presented with the prospect of running for town moderator in 2018, one of the points in favor was that the job involves a limited time commitment. Many years earlier, I had served as a planning board member and then as a selectman, but when my day job became insanely busy and my parental obligations increased, I had decided I could no longer handle the long biweekly meetings and additional obligations that those positions required. The moderator’s job, I reasoned, is different. Although it is not to be taken lightly, it involves just a few days of work— admittedly, intensive work—every year. Even when I consented to adding the school district moderator’s position to my syllabus in 2019, it seemed manageable. The early 2020s, however, have turned out to be challenging times for moderators. I wrote in this publication a year ago (“A Nightmare on Main Street,” January/February 2021) about our disastrous effort to hold a safe, socially distanced town meeting during a declared state of emergency in 2020. Even before that extended town meeting season ended, moderators statewide were beginning to plan for the state and federal elections, trying to figure out how to keep the crowds safe during the fall COVID surge. Happily, with guidance and lots of additional equipment from the state, the fall 2020 elections went remarkably smoothly. Which brought us to the 2021 town meeting season. In retrospect, while 2020 was arguably more difficult than 2021, it was less complicated. We were fortunate that the COVID pandemic hit New Hampshire in 2020 after almost all SB 2 deliberative sessions had been held, and just after the town and school district elections and many of the traditional business sessions. The problems in 2020 were only for traditional meeting towns (like mine) that postponed their business sessions and towns with April or May meetings. In early 2021, the COVID surge was a concern for every town and school district meeting and election. With infections peaking in December and January, local officials and attorneys spent several weeks trying to understand their op12

NEW HAMPSHIRE TOWN AND CITY

tions. Could the moderator use the authority of RSA 40:4, II to postpone the meeting? Could the virtual option that some school districts had used in 2020 be used in 2021? Would there be legislation or an executive order to clarify things? With impressive speed, the newly convened Senate passed legislation (inconveniently designated SB 2) on its first day in session, January 6, that enabled towns to postpone their meetings based on COVID concerns. That bill, however, hit a wall in the House and eventually died. The clock was ticking. SB 2 towns and school districts would be holding their deliberative sessions between January 30 and February 6—unless they decided to postpone. Could they postpone? Should they? What about the March elections? And especially what about the coordination of March town and school district elections? This is where things got complicated. My town, Henniker, is part of the John Stark Regional School District (JSRSD), with the town of Weare. In January 2021, town and school district officials in Henniker and Weare held numerous meetings trying to sort out the options and the consequences of each. The three school districts—the JSRSD and the Henniker and Weare school districts—all use the SB 2 form of annual meeting. Even assuming unlimited postponement authority, if any of the school districts wanted to postpone its deliberative session by more than a few days, it would also need to postpone its election date; otherwise the two sessions would be too close together. But the school districts coordinate their elections with the towns, and the town and school elections could not (at this point) be separated. Thus, none of the school districts could postpone their elections unless both towns did so as well, and that could happen only by agreement of the town moderators. And if the school districts couldn’t postpone their elections, they couldn’t postpone their deliberative sessions by any meaningful interval. www.nhmunicipal.org

This required some serious coordination. On January 21, after some discussion among the town administrators and moderators, the Henniker and Weare select boards held a joint meeting to discuss the timing of deliberative/business sessions and elections. (No one was really concerned about the elections—we had held elections without much trouble in November, and everyone expected the COVID situation to be better by March. The much bigger concern was gathering 100 people or more in a room in early February for a meeting that might last several hours.) Like the three school districts, the town of Weare uses SB 2; the town of Henniker is the only one of the five entities that has a traditional meeting. At the joint meeting, the Weare selectmen and town moderator made it clear that they had no interest in postponing anything, even assuming they could—they were going forward with their deliberative session in early February and with their town election on March 9. The Henniker selectmen were less adamant, but it didn’t matter: because of the shared school district, if Weare wasn’t postponing its election, neither was Henniker. And if the town elections were not postponed, the school district elections could not be postponed, and therefore the deliberative sessions, as a practical matter, could not be postponed. (The business session of the Henniker town meeting, ordinarily held the Saturday after the election, was not a pressing concern yet. The selectmen could schedule it whenever they wanted, and this would not affect anything else.) So that was that—nothing was being postponed. Not everyone was happy, but at least we had a clear decision.

www.nhmunicipal.org

That changed the next day. On January 22, the governor issued Emergency Order 83, authorizing the governing body (not the moderator) of a town or school district to postpone the business or deliberative session of its annual meeting “to one or more dates later in 2021,” and to “postpone the official ballot voting day to the second Tuesday of April, May, June, or July.”

convened a joint meeting on January 27. At that meeting, the Henniker and JSRSD school boards voted to postpone their deliberative sessions, but the Weare school board voted 3-2 against postponing. The Weare district would hold its deliberative session in early February as scheduled, while the Henniker district and JSRSD would move theirs to April.

In my mind, this changed nothing—although it clearly authorized postponement, the school district and town elections were still inextricably intertwined, and the order did not explicitly unravel the twine. But our school district’s attorney read the order more broadly—he believed it did allow school districts to separate their elections from the town elections and postpone them, regardless of what the towns did. He gets paid to represent the district, and I don’t, so I was not going to argue.

This meant, of course, that the Henniker School District and JSRSD elections also had to be postponed, even though the town elections were not; so voters would be voting on two different days, one in March and one in May (after the deliberative sessions). The Weare School District election did not need to be postponed, but Weare voters also would have a second election date—that of the JSRSD election.

So . . . after some more discussions among counsel, moderators, and board chairs, the three school boards

In the end, the town of Weare and the Weare School District held their deliberative sessions in February; the towns of Henniker and Weare and the Weare School District held their elections on the regular election date, MARCH/APRIL 2022

“NORMAL” TOWN MEETING from page 13 March 9; the JSRSD deliberative session was on April 5 and the Henniker School District deliberative session on April 7; and the JSRSD and Henniker School District elections were held on May 11. After some more discussion about postponement, the Henniker town meeting’s business session went ahead as planned on the Saturday after the town ballot voting day, March 13. That was 2021. For 2022 the question of postponement has received remarkably little discussion, even though we began the year with by far the biggest COVID surge so far. Fortunately, as I write this article, we appear to be on the downhill side of that surge. Our

town and school district are going ahead with our meetings on schedule, but there certainly will still be some apprehension and the now-familiar scene of a roomful of people wearing masks. Perhaps by 2023 things will be back to “normal,” whatever that means now. I am not complaining, but I would love to get back to worrying about whether

Cordell A. Johnston _________

Attorney at Law

a proposed amendment is allowable and the rules about secret ballot votes, rather than trying to decide whether it’s even safe to hold a meeting. Cordell Johnston is the Henniker town and school district moderator and a municipal attorney. He recently retired after 18 years as Government Affairs Counsel at NHMA.

Representing towns and cities P.O. Box 252 Henniker, NH 03242 603-748-4019 cordell@cajohnston.com

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Johnston Receives New Hampshire Bar Association Award for Outstanding Service in Public Sector/Public Interest Law Former NHMA Government Affairs Counsel, Cordell A. Johnston, received the prestigious Outstanding Service in Public Sector/Public Interest Law recently from the New Hampshire Bar Association. Nominations were reviewed and considered by the Public Sector/Public Interest Award Committee, comprised of members of the public sector/public interest legal community in New Hampshire, and appointed by the NHBA Bar President and Bar Officers. The Committee of six contained a diverse representation of PS/PI practice, including the various sectors such as local, state and federal government, prosecution and defense, and public interest. The award recognizes an individual’s or an organization’s exceptional contributions and achievements in one or more of the following areas: • Outstanding commitment and service to the public as a public sector or public interest lawyer or organization; • Outstanding legal contribution as a public sector or public interest lawyer or organization, which contribution can be in the area of advocacy, public policy, scholarly contributions, education or legislation; • Outstanding mentorship contribution to public sector/public interest lawyers through sharing knowledge, experience, skill and commitments with students or other lawyers. In selected excerpts from the nomination letter offered by NHMA, the staff simply amplified what is now Cordell’s legacy: “Cordell has functioned as the face of local government at the New Hampshire statehouse for nearly two decades, and he has had an outsized impact on the legislation advanced there. His testimony on the effects of various bills has greatly shaped the formation of the law as it pertains to municipal functions, and he has been involved in crafting reforms to laws that affect every aspect of local government.

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Over the course of his nearly two-decade career advocating for New Hampshire’s 234 municipalities, Cordell has taken time to serve on the planning board, select board, and currently as the moderator in his hometown, Henniker. Using his knowledge of local election procedures and town meetings, Cordell has led the effort to address the election and town meeting issues that have arisen - from snowstorms to pandemics. Throughout, he has been instrumental in ensuring that municipalities continue to have the resources they need to quietly provide the services that their citizens expect. Most importantly, he has been instrumental in maintaining and nurturing citizen directed, self-government. Along with this summary of Cordell’s outstanding commitment and service to local government and outstanding contributions to legislative advocacy on behalf of local government, we would further offer examples of Cordell’s sharing his knowledge with members of the public and other attorneys. Cordell has contributed numerous articles to NHMA’s publication, Town and City, on a wide variety of municipal law subjects. He was the prime editor and author of NHMA’s Legislative Bulletin, a weekly publication issued every Friday when the New Hampshire Legislature is in session. Without a doubt, Cordell’s insightful summary of the week’s legislative business affecting municipalities was, and still is, the indispensable guide for our members on pending legislation.

www.nhmunicipal.org

Cordell’s legacy with NHMA is legendary. His devotion to NHMA and our membership has been the hallmark of Cordell’s time with NHMA. During legislative sessions, Cordell always maintained a 24/7 approach to his work. He always placed the needs of our membership and the Association first. He is leaving a legacy of devoted commitment to the legislative success of this Association and has set the bar high for those who will follow him. In support of the NHMA’s nomination letter, Attorney Ben Frost, Managing Director, Policy and Public Affairs with the New Hampshire Housing Finance Authority, had this heartfelt offering: “Despite our different perspectives, I’ve found Cordell always to be consummately professional and collegial as we’ve worked to iron out our differences and to find the “middle way” of compromise that serves both interests. For years, I’ve witnessed his testimony in legislative committees, where he has gracefully guided the deliberative process with expert knowledge and well-timed dry wit. Cordell and I have also presented together to audiences of municipal officials, and so I’ve seen firsthand the high esteem in which they hold him. Cordell possesses an innate ability to communicate complex legal principles in an easily relatable manner to a lay audience. In short, he has been an invaluable source of knowledge for volunteers and professionals involved in New Hampshire’s local governments. As Cordell approaches his retirement from the New Hampshire Municipal Association, I find myself feeling a profound sense of loss. While no one is irreplaceable, Cordell comes as close to that as anyone I’ve known. It is difficult for me to imagine another person with whom I will have such rich debate over the nature and impact of law and

whose demeanor will allow me to see the other side so easily. His service to the public has been truly outstanding.” Similarly, Derry Town Administrator Dave Caron wrote the following: “Representing municipal interests before the State Legislature in New Hampshire is a daunting process as towns and cities are required to fund most of its services through the local property tax. With the Legislature oftentimes seeking to impede the use of these funds at the local level or attempting to downshift responsibilities to municipalities, we rely upon Cordell and the advocacy team at NHMA to identify legislation adverse to local taxpayers, marshal the resources of local elected and appointed officials necessary to testify and coordinate presentations before various legislative committees. As I enter my 40th year in local government here in New Hampshire, it is comforting to reflect that during almost half of my tenure, Cordell has supported and contributed to the wellbeing of our cities and towns. And I’ll miss those Sunday morning emails Cordell would send when the Legislature was in session reminding us of upcoming hearings and requesting assistance as we all strived toward achieving our common goals. I cannot think of a more deserving person to receive this award based upon Cordell’s knowledge, communication skills, dedication, and perseverance.” Cordell has strategically guided NHMA’s advocacy program through some of the most successful and productive legislative years in the Association’s 80-year history. Thank you, Cordell, for your 18 years of dedication to improving local government in New Hampshire and congratulations on this prestigious recognition from your peers.

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MARCH/APRIL 2022

53 Ideas on How You Can Govern Better 1 Learn all you can about your city or town, its history, its 12 Don’t be afraid of change. Don’t be content to just operation, its financing. Do your homework. Know your city or town ordinances. Dust off your comprehensive plan.

2 Devote sufficient time to your office and to studying the present and future problems of your city or town.

3 Don’t burn yourself out on the little things but recog-

nize that they are often important to the public. Save some energy – and time – for the important matters.

4 Don’t act as a committee of one; governing a city requires a team effort – practically and legally.

follow the routine of your predecessors. Charge your appointed officers and employees with being responsible for new ideas and better ways. Listen to what they have to say.

Don’t rush to judgment. Few final actions have to be taken at the first meeting they are considered. Avoid crisis management.

Don’t give quick answers when you are not sure of the real answer. It may be embarrassing to appear ignorant, but it can be more embarrassing, and damaging, to tell a person something that is wrong.

5 Don’t let honest differences of opinion within the gov- 15 As an individual, even if you are the mayor, don’t make erning body degenerate into personality conflicts.

6 Remember that you represent all the people of your community, not just neighbors and friends. Be wary of personal experiences coloring your public decisions.

7 Take your budget preparation job seriously for it deter-

mines what your city or town does or does not do for the coming year and will influence what happens in future years as well.

8 Establish policy statements. Written policy statements

let the public, and the municipal staff, know where they stand. They help the governing body govern and writing them provides a process to develop consensus.

9 Make decisions on the basis of public policy and be consistent. Treat similar situations similarly and avoid favoritism.

10 Focus your attention on ways to prevent problems

rather than just trying to solve them as they occur. Filling potholes is one approach to governing – developing plans to prevent them is more important.

Don’t be misled by the strong demands of special interest groups who want it done now, their way. Your job is to find the long-term public interest of the community as a whole, and you may be hearing from the wrong people. 18

NEW HAMPSHIRE TOWN AND CITY

promises you can’t deliver! Most decisions and actions require approval of the governing body, and this takes a majority vote.

16 Remember that you have legal authority as a govern-

ing body member only when the governing body is in legal session.

Don’t spring surprises on your fellow governing body members or your municipal staff, especially at formal meetings. If a matter is worth bringing up for discussion, it’s worth being on the agenda. Surprises may get you some publicity, at the embarrassment of others, and tend to erode the team approach to governance.

Conduct your official public meetings with some formality and follow rules of procedure. Have an agenda and follow it. Most governing body members agree that formal meetings expedite the process, and tend to promote better decision making.

Participate in official meetings with the dignity and decorum fitting those who hold a position of public trust. Personal dress and courteous behavior at meetings help create an environment for making sound public decisions.

Don’t be afraid to ask questions. It is one of the ways we learn. But do your homework by studying agenda material before meetings. www.nhmunicipal.org

Vote yes or no on motions. Don’t cop out by abstaining, except when you have a conflict of interest. A pass does not relieve you of responsibility when some decision must be made.

22 Once a majority decision of the governing body has

been made, respect that official position, and defend it if needed, even if you personally disagree.

Respect the letter and intent of the open meetings (Right-to-Know) law. But also keep private and confidential matters to yourself –don’t gossip.

Retain competent, key employees. Pay them well, trust their professional judgment and recognize their authority and responsibilities.

Don’t bypass the system! If you have a manager or other chief administrative officer, stick to policymaking and avoid personal involvement in the day-to-day operations of the municipality. If you do not have an administrative officer, make sure you have some management system that officers, employees, and the public understand.

www.nhmunicipal.org

Don’t let others bypass the system. Insist that people such as equipment or service suppliers first work with your municipal staff. If direct contact with governing body members is necessary, it should be with the governing body as a whole, or a committee, and not on a one-on-one basis.

Don’t pass the buck to the staff or employees when they are only following your policies or decisions.

Don’t always take no for an answer. The right question may be “How can we do this?” instead of “May we do this?” Be positive!

Learn to evaluate recommendations and alternative courses of action. Ask your staff to provide options. Encourage imaginative solutions.

Avoid taking short-term gains at the expense of longterm losses. Be concerned with the long-term future of the city/town.

31 Be friendly and deal effectively with the news media.

Make sure what you say is what you mean. Lack of good communication, with the media and the public, is one of the big problems of municipalities.

MARCH/APRIL 2022

53 IDEAS from page 19

Remember that what you say, privately and publicly, will often be news. You live in a glass house. Avoid overpublicizing minor problems.

Never allow conflicts of interest to arise between your public duties and your private interests. Be sensitive to actions you take that might even give the appearance of impropriety.

33 In determining the public interest, balance personal

Seek help. Use manuals, guides and other technical assistance and information available from NHMA and other agencies. Attend workshops and conferences put on for the benefit of you and your city.

Pace yourself. Limit the number of meetings you attend. Set some priorities, including the need to spend time with your family. Recognize that life – and the city/town– is dependent on a lot of things you have little control over.

35 Don’t act as if the city operates in a vacuum. Cities

Be a leader, as well as part of the team of elected and appointed officials who were selected to make your city/ town an even better place to live.

rights and property interests, the possible harm to a few versus the good of the many. Recognize that in some situations, everyone can’t be a winner. Remember that cities and towns are for people! Be concerned with the total development – physical, economic, and social – of your community. and towns must work within the intergovernmental system to be effective. Keep in contact and cooperate with your federal, state, county and school officials.

36 Know your neighbors. Get to know the officials of

neighboring and similar size cities or towns. Visit other municipalities, particularly those with a reputation of being well run.

Keep your constituents informed and encourage citizen participation.

Learn to listen – really listen – to your fellow governing body members and the public. Hear what they are trying to say, not just the words spoken.

Expect and respect citizen complaints. Make sure that your governing body members, and your city, have a way to effectively deal with them. Have a follow-up system.

40 Be careful about rumors. Check them out. Help

squelch them when you know they are false.

41 Appoint citizen advisory committees and task forces

when you need them but be prepared to follow their advice if you use them.

45 46 47

Establish some personal goals and objectives. What do you want to help accomplish this year? Next year?

Help develop some short-term and long-term goals and objectives for your city and check your progress at least every six months.

Help your city/town develop a vision of the future. Plan going from the future to the present and listen to different community voices along the way.

Focus on the future and try to leave your community better than that which you inherited as an elected officer.

At least once a year, schedule a governing body discussion about how you are governing. Review the processes and procedures. Sit back and ask, “How are we doing? How can we do things better?”

52 Be enthusiastic about your public service, and the

privilege you have, and let the public know it. But maintain your sense of humor. Don’t take yourself or the business of government so seriously that you don’t enjoy it. It should be fun as well as a rewarding experience.

42 Take care in your appointments to boards and com- 53 Celebrate! Always focusing on problems and issues

missions. Make sure they are willing and capable as well as representative of the whole community.

may lead you and the public to believe that nothing positive ever happens. Good things do happen. Let the public share our successes. Source: Association of Washington Cities, www.awcnet.org

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

New Hampshire Municipal Association Free VIRTUAL workshops for newly-elected and seasoned municipal officials and employees of member municipalities.

FREE

2022 Local Officials Virtual Workshops

9:00 am—4:00 pm, Tuesday, April 5, 2022 9:00 am—4:00 pm, Tuesday, May 17, 2022

Presented virtually by NHMA’s Legal Services attorneys, these workshops provide municipal officials with tools and information to effectively serve their communities. Topics will include the Right-to-Know Law, ethics and conflicts, effective meetings, town governance, municipal roads, budget and finance, and more. Ample time allowed for questions, answers, and discussion.

Attendees will receive a complimentary copy of NHMA’s 2022 edition of the publication, Knowing the Territory.

For more information and to register visit: www.nhmuncipal.org www.nhmunicipal.org

MARCH/APRIL 2022

A Capital Improvement Plan is Not Just a Wish List By David L. Stack, Bow Town Manager

he preparation and adoption of a Capital Improvements Plan (CIP) is an important part of a municipality’s financial planning and budgeting process. The purpose of the plan is to recognize and resolve deficiencies in existing public facilities and anticipate and meet future demand for capital facilities and the replacement of vehicles and equipment. A plan typically includes all of the anticipated capital expenditures of a town/city, library and school district for the next six-year period. A CIP is an advisory document that can serve a number of purposes, among them to: Guide the Board of Selectmen, School Board, Library Trustees and Budget Committee in the annual budgeting processes; Contribute to stabilizing the Town’s real property tax rate; Aid the prioritization, coordination, and sequencing of various municipal improvements; Inform residents, business owners, and developers of planned improvements; Provide the necessary legal basis, continued administration and periodic updates of impact fees. Authorization for the formation of a CIP Committee is found in RSA 674:5. The statute provides two options: 1) assign the responsibility for preparation of the plan to the planning board or 2) permit the governing body of the municipality to appoint a capital improvement program committee, which must include at least one member of the planning board and may include, but not be limited to, other members of the planning board, the budget committee, or the town or city governing body. Both options require the approval of the provisions of the statute by the legislative body. 22

NEW HAMPSHIRE TOWN AND CITY

Prior to 2013, Bow’s Capital Improvement Plan was prepared by a sub-committee of the planning board. The process typically took only a few hours and the sub-committee only reviewed the new projects that were being proposed. The large bulk of the plan involved the replacement and purchase of trucks, police cars and equipment. The plan did not include an important and integral piece of any good CIP plan including capital projects, construction and renovation of building, bridge replacement, culvert replacement and similar type projects. A few years back, the town was going to be making the last bond payment on the new high school that was built by the town in 1996. There was concern that there would be a “mad rush” by the board of selectmen, school board and library trustees to fill the gap with large capital projects utilizing the amount of the annual debt service on the bond to offset the tax impact of the new projects. As such, there was a need to manage this process and review and prioritize the capital needs of the town. This concern was raised with the board of selectmen and it was proposed that approval be sought at the next town meeting to approve the “alternative” approach for forming a CIP committee. This alternative was adopted in the Town of Pembroke when I served as Town Administrator for that community. In time, the process became a recognized and important piece of the planning www.nhmunicipal.org

and budgeting process. The CIP concept of capital planning became a very familiar document to all and reference to the plan became the norm during board and committee meetings, as well as the annual town meeting. This has proven to be the case in Bow as well. The proposal for a new committee structure and process was presented to and approved by the Bow Town Meeting. The adopted proposal calls for the committee to consist of one planning board representative, one budget committee representative, one board of selectmen representative, one school board representative and three citizens at large. Bow’s CIP plan includes requests that have been placed in the six-year CIP program for projects exceeding $25,000, spreadsheets of the schedule, funding sources, tax impacts, and other required information. Projects

not meeting either CIP criteria or projected six-year window are identified as possible future projects. There are five steps used to develop the CIP plan in Bow: First Step: The first step in the process is the collection of project sheets from all departments. The sheets are tailored by the CIP Committee and finance director to generate information that defines the relative need and urgency for projects, and which also enables long-term monitoring of the useful life and returns from projects. Second Step: A draft of the plan is compiled by the finance director and submitted to the town manager. This provides an opportunity for the manager and department heads to review and discuss the projects and make adjustments.

Step Three: The draft plan is submitted to the board of selectmen for its review and comment before presenting the plan to the CIP Committee. Step Four: The CIP Committee meets with the town manager and finance director throughout the spring and summer to review the draft and develop the final plan. Requestors are sometimes asked to come before the CIP Committee, as needed, to explain their capital needs and priorities. The Committee also explores any alternative approaches available to meet the capital needs of the town, including the use of capital reserve funds, bonding, grants, etc. There are several different financing methods utilized to fund capital projects. Four methods require appropriations; either as part of the town’s annual operating budget or as independent warrant articles at town meeting.

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MARCH/APRIL 2022

CIP from page 23 General Fund (GF) is the most common method, and refers to those projects proposed to be funded by property tax revenues within a single fiscal year. Capital Reserve Fund (CRF) requires appropriations over more than one year, with the actual project being accomplished only when the total appropriation meets the project cost. Lease/Purchase (LP) method has been used by the school district and other departments for the purchase of major vehicles. Bonds (BD) are generally limited to the most expensive capital projects, such as major renovations, additions, or new construction of school or municipal buildings or facilities, and allows capital facilities needs to be met immediately while spreading out the cost over many years in the future. Fund Balance (FB) may be used to finance capital projects as approved by town meeting. Impact Fees (IF) are collected from new development to pay for new facility capacity and placed in a fund until they are either expended within six years as part of the project finance or returned to the party they were collected from.

Grants (GR) are also utilized to fund capital projects in Bow. Typically, grants will cover a portion of the overall project cost, and the town is responsible for the remaining percentage of the project cost. To Be Determined (TBD) Uncertain of cost, funding or project timeline. Tax Increment Financing (TIF) Districts allow the town to use increases in valuation of property to directly pay off bonds for infrastructure improvements and capital projects in the district. TIF Districts are set up and administered according to RSA Chapter 162-K. Public/Private Partnerships (PPP) Lastly, the town can take advantage of public/private partnerships, where a private organization shares the costs of funding a capital project. Step Five: Once adopted by the Committee, the CIP is submitted to the town manager, board of selectmen, school board, and library trustees for consideration during the preparation of their proposed budgets. It must be emphasized that the CIP is purely advisory in nature. Ultimate funding decisions are subject to the budgeting process and the annual town meeting. The CIP Committee brings project requests and needs to the attention of the town’s leaders and

NEW HAMPSHIRE TOWN AND CITY

citizens, along with recommended priorities, in the hope of facilitating decision making by the town. A CIP is not just a wish list. In one community, a member of the board of selectmen asked if the plan was going to be shown to the budget committee and the citizens. This selectman was concerned that it would be felt that the town was just proposing large expenditures of funds and searching for ways to spend the taxpayers’ money. That is quite the opposite of why a CIP is formulated and updated each year. The purpose of a CIP is to provide this information in a clear and transparent manner. Over time, the plan is seen as a vital component of the budgeting process and as financially prudent planning for the future. David L. Stack was appointed as Bow Town Manager in 2010. He has a Bachelor of Arts degree in Political Science from Keene State College and a Master of Public Administration degree from the University of New Hampshire. Mr. Stack is a member of the International City/County Management Association (ICMA) and is also a Board of Director of the New Hampshire Municipal Association and a member of the Municipal Management Association of New Hampshire (MMANH). David can be reached at dstack@bownh.gov or by phone, 603.223-3910.

www.nhmunicipal.org

Right-to-Know Law and Public Meetings and Governmental Records WHEN: 9:00 am—1:00 pm

Thursday, April 28, 2022 Join NHMA’s Legal Services team who will discuss the requirements for holding a proper public meeting, as well the exceptions to the meeting requirement (the so-called "nonmeeting"). The attorneys will also provide guidance on handling governmental record matters arising under the Right-to-Know Law. Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records. This workshop will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced. Attendees will receive an electronic copy of NHMA's updated publication, A Guide to Open Government: New Hampshire's Right-to-Know Law. Additional materials such as the PowerPoint presentation and handouts will also be distributed electronically.

For more information and to register visit: www.nhmuncipal.org

www.nhmunicipal.org

MARCH/APRIL 2022

Covid -19 Precautionary Measures for Town Meeting 2022 – An FAQ Municipal Election Officials are again facing the management of public health concerns due to the lingering pandemic when scheduling and conducting town meeting. With this FAQ we wanted to highlight key suggestions taken from the Universal Best Practices publication from the State of New Hampshire, and then provide guidance on measures municipalities can implement to help prevent the further spread of Covid-19 and its variants at business meetings, deliberative sessions and the official ballot voting day. Getting prepared for municipal meetings and elections starts with planning consultations involving the moderator, governing body (select board, school board, village district commissioners), town & district clerk, supervisors of the checklist, health officer, emergency management director, fire chief and police chief. Those planning meetings should consider the following precautionary measures Management and arrangement of the polling or meeting place to maintain a distance of at least 6 feet or more of physical separation between people or related groups. Consider mandating the wearing of a face mask by voters attending polling stations and meeting places. Throughout the pandemic, face mask use has increasingly been shown to be an important measure for controlling the spread of COVID-19. Face mask use protects the person wearing the mask, and others around that person in the event that they are asymptomatically infected. Face masks should not be required for people who are under the age of 2 years. Face masks should also not be required for a person with a valid medical or developmental reason that prevents that person from wearing a face mask. Consider using cohorting strategies and limiting group size. “Cohorting” involves creating small groups of individuals, keeping those individuals consistently together in one group, and preventing interaction between people of different groups. Can face coverings be required in the polling place on the official ballot voting day? Part 2, Art. 32 of the N.H. Constitution provides that elections “shall be . . . governed by [the] moderator,” and, as such, the moderator has the authority to manage the polling place, including the authority to choose whether to require a mask at the polling place. Note, of course, that governing bodies also have a role if the election takes place in a municipal building. A building may make itself available to outside groups subject to rules, such as requiring users to wear masks, and RSA 41:11-a gives governing bodies authority over town buildings.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

How about requiring voters to wear face coverings at business meetings and deliberative sessions? There are two sources of authority to require the wearing of face masks at town meeting business and deliberative sessions. First, under RSA 40:4, the moderator has the authority to regulate the business of the meeting and prescribe rules of procedure, which could include the wearing of a face mask by all of those in attendance. Second, if the facility being used for the meeting is under the management of the governing body, such as a select board under RSA 40:11-a, the select board could implement use regulations of the public building and require the wearing of face masks by those attending town meetings. If we require wearing face masks in the polling place or for those in attendance at business or deliberative sessions, how do we address voters without face coverings? While the moderator may require masks in the polling station or location of town meeting, every qualified voter must be given an opportunity to cast a ballot or participate in town meeting, even if not wearing a mask. Therefore, moderators who require masks must establish alternative means of participation for voters who do not wear masks. This could include separate entrances and exits for those not wearing masks, and separate seating areas and other accommodations to allow those who decline to wear a mask to vote or fully participate in the town meeting. What are the potential alternatives for non-masked voters? Any moderator contemplating requiring masks should call the Attorney General Office’s election hotline 1-866-868-3703 to discuss alternatives. Each polling place is unique and no one-size-fits-all solution will work everywhere, but alternatives such as separate spaces within the polling place for unmasked voters, outdoor spaces for unmasked voters, or, potentially, accessible voting pursuant to RSA 659:20-a may be permissible in your particular situation. Assuming that such alternatives are available and refused, it may be permissible to deny the unmasked voter entry to the polling place, but such a possibility should be discussed with town counsel and the election hotline prior to the election. What is the source of the authority for the municipality to require face coverings at public meetings and public places? The governing body (select board or town or city council), in consultation with the Health Officer/Board of Health and Emergency Management Director, can adopt public health regulations on gaining access to public buildings under RSA 147:1, RSA 47:17, XV and RSA 41:11-a. Those regulations could include regulating public access to town or city hall and other public buildings to respond to the local public health emergency arising out of the community spread of Covid-19. Considering recent guidance issued by the Centers for Disease Control (CDC), a governing body could conclude that those entering town and city buildings must wear a face covering or mask. This could include the requirement that those who attend public meetings at public facilities be required to wear a mask covering their nose and mouth. Similar authority to regulate access to library property can be exercised by the Library Trustees.

www.nhmunicipal.org

MARCH/APRIL 2022

Local Airports Offer Many Benefits to New Hampshire Residents By Nikolas Ippolito, P.E., Chief Aviation Engineer, Gale Associates, Inc.

ew Hampshire’s public airport system consists of 24 public and private use airports. These airports range from Manchester-Boston Regional Airport, New Hampshire’s largest public airport handling the majority of New Hampshire’s commercial airline service on its 9,250’ paved runway, to Colebrook Airport, with a 2,450’ grass runway. Not only do these local airports serve as an important infrastructure (particularly in times of distress); they also serve as public gathering places, family activity centers, and are an economic engine for tourism and businesses. New Hampshire relies on its local airports as staging areas for the National Guard, Red Cross, and other non-governmental organizations that deliver vaccines, food, clothing, or evacuate people to safety. Whether it is a pandemic or a natural disaster, these local airports connect people living in New Hampshire to the rest of the world. One mile of runway can move people and critical aid to communities to and from anywhere in the world, whereas one mile of highway will only move people and aid one mile. New Hampshire’s System of Local Airports Supports the Following Functions for the Public, Industry, and Government: • Medical Flights • Law Enforcement and National Security • Emergency Response • Aerial Firefighting • Disaster Relief • Search and Rescue • Remote Populations and Island Access • Air Taxi and Charter Services • Essential Air Cargo Services • Corporate and Private Flights • Recreational Flying • Manufacturing and Distribution

• Flight Instruction • Charter Businesses • Aircraft Manufacturing and Maintenance • Aircraft Storage • Aerospace Engineering and Research • Tourism and Access to Special Events • Intermodal Connections to Rail/Ship Cargo • Skydiving and air shows • Agricultural • Aerial Surveying/Mapping • Oil/Mineral Surveying • Utility/Pipeline Inspection Control • Business Flight Service • Express Delivery • Air Cargo

NEW HAMPSHIRE TOWN AND CITY

Changes to New Hampshire State Legislature that Benefit Local Airports New Hampshire is already an attractive state for business. Without a personal income tax, our state is among the best places for business owners to call home. Since 2019, the State has passed two bills that could attract even more businesses and aircraft to base their operations in New Hampshire. These two bills are: Q House Bill 124: This bill greatly reduces the cost of registering jet aircraft in New Hampshire. Up until a few years ago, registering a Gulfstream G550 at Hanscom Airport in Massachusetts cost approximately $300, while 40 minutes away at Nashua Airport, registering this same jet cost approximately $340,000. A comparison showed that Hanscom had 72 registered jets, while Nashua only had 4 registered jets. House Bill 124 made New Hampshire’s aircraft registration fees more competitive with Massachusetts to attract additional businesses to the state. The new fee structure resulting from House Bill 124 is a based on the weight of the aircraft and ranges from $100 to $3,500. Q House Bill 1182: This bill made New Hampshire the first state in the country to make “roadable aircraft,” better known as flying cars, legal. Companies such as Terrafugia and Samson Motors have recently been www.nhmunicipal.org

granted FAA approval to begin selling these aircraft to consumers as early as 2022.

Economic Benefits for New Hampshire Communities The aviation industry provides many economic benefits for New Hampshire: Q EMPLOYMENT: 10,000 Jobs Q ECONOMIC OUTPUT: $1.2 Billion/year (money generated in NH economy)

Q TAXES GENERATED: $30 Million/year Q NH COST TO MAINTAIN*: $25.5 Million/year (or 0.1% of money generated) Consider that the FAA contributes 90%, New Hampshire contributes 5%, and Airports contribute 5% to all eligible airport improvement projects. The FAA has calculated that for every project dollar spent by FAA, $7 in economic output is generated in the local, regional, and state economies. This

level of subsidy by the FAA is a great deal for New Hampshire. In short, the New Hampshire system of airports is significant infrastructure that should be valued and maintained. Nikolas Ippolito, P.E., is Chief Aviation Engineer with Gale Associates, Inc.

2022 Municipal Trustees Training Virtual Workshop 9:00 am—3:00 pm Thursday, June 9, 2022 Municipal trustees—cemetery trustees, library trustees, trustees of trust funds— have very important and varied duties. This virtual workshop is geared to give you the tools you need to perform your duties legally and understandably.

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www.nhmunicipal.org

MARCH/APRIL 2022

NHMA Gears Up for 2023-2024 Legislative Policy Process: It’s Never Too Early to Submit Policy Suggestions Our Advocacy Efforts Matter! Your Voice Matters More!

stablished in 1941 as a voluntary association of New Hampshire’s cities and towns, the New Hampshire Municipal Association has served as the primary legislative advocate for New Hampshire’s municipalities, representing its members at the state legislature and before numerous federal and state administrative agencies. We are a unique advocacy organization in that we do not support or endorse any candidate or political party. Our ability to maintain significant political relevance is tied directly to our advocacy efforts and the relationships we have cultivated over many years with state and municipal leaders, the New Hampshire Legislature, state agency officials and other stakeholder groups.

2019-2020

• Finance and Revenue – budgeting, revenue, tax exemptions, current use, assessing, tax collection, retirement issues, education funding. • General Administration and Governance – elections, Right-to-Know Law, labor, town meeting, charters, welfare, public safety, other governance and legal matters. • Infrastructure, Development, and Land Use – solid/ hazardous waste, transportation, land use, environmental regulation, housing, utilities, code enforcement, economic development.

Legislative

As many municipal officials already know, our legislative work is a full-time, year-round job. It is an ongoing process and staff members have already been working on laying the foundation for the next legislative biennium. The success of NHMA’s legislative efforts, in large part, depends on you. You work at the level of government that is closest to the citizen and you are uniquely situated to help legislators understand how pending legislation affects your city or town.

When you contact us, please indicate your first and second choices for a committee assignment. We will do our best to accommodate everyone’s first choice, but we do need to achieve approximately equal membership among the committees. We hope to have 15-20 members on each committee.

Policy Positions

Step One: Get Involved – Volunteer for a Policy Committee

There will be an organizational meeting for all committees on Friday, April 1. After that, each committee will meet separately as many times as necessary to review the policy proposals assigned to it—typically three to five meetings, all held on either a Monday or Friday, between early April and the end of May.

As a first step, we are recruiting volunteers to serve on our three legislative policy committees. These committees will review legislative policy proposals submitted by local officials and NHMA affiliate groups and make recommendations on those policies, which will go to the NHMA Legislative Policy Conference in September.

The committee process will allow for in-depth review and discussion of policy suggestions so all aspects of each proposal, both positive and negative, will be examined. Based on that review, each committee will make recommendations for the adoption of legislative policies.

Each of the committees deals with a different set of municipal issues. The committees and their subject areas are as follows:

Once the committees complete their work, their policy recommendations will be sent to every municipal member of NHMA. Each municipality’s governing body will be encouraged to review the recommendations and establish posi-

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

New Hampshire Hampshire Municipal New Municipal Association Association 2023-2024 Legislative Policy 2023-2024 Legislative Policy Process Process

Explanation of Proposed Policy Submitted by (Name):

Date:

Title of Person Submitting Policy: City or Town:

Phone:

To see if NHMA will SUPPORT/OPPOSE:

Municipal interest to be accomplished by proposal:

Explanation:

A sheet like this should accompany each proposed legislative policy. It should include a brief (one or two sentence) policy statement, a statement about the municipal interest served by the proposal and an explanation that describes the nature of the problem or concern from a municipal perspective and discusses the proposed action that is being advocated to address the problem. Mail to NHMA, 25 Triangle Park Drive, Concord, NH 03301; or e-mail to governmentaffairs@nhmunicipal.org no later than the close of business on April 15, 2022.

www.nhmunicipal.org

MARCH/APRIL 2022

LEGISLATIVE POLICY from page 24 tions on them. Members will also have an opportunity to submit floor policy proposals in advance of the Legislative Policy Conference in September. At the Legislative Policy Conference, each member municipality is entitled to cast one vote on every policy recommendation submitted and on any floor proposals. Each policy proposal must receive a two-thirds affirmative vote of those present and voting in order to be adopted as an NHMA policy.

Policy Review Checklist In order to make sure that each policy has been thoroughly considered and all pros and cons discussed, the following checklist should be applied to each recommendation.

 Where does the policy come from?  What is the need for this legislative change/how widespread is this problem?

 What could we lose and what are the risks of pursuing this proposal? What could we gain?

Step 2: Create Change - Submit a Legislative Policy Proposal

 Who would likely be opposed to this proposal?

Every NHMA legislative policy begins with a proposal submitted by a local official, board, or committee. If there is a law affecting municipal government that you think needs to

 Does this proposal require financial analysis?

Who would likely support it?

 Would the policy cost money for municipalities? For the state?

 Would the policy be divisive for municipalities? Would it tend to pit one community against another? certified public accountants

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be fixed, or if you have an idea for how the functions of local government might be improved through legislation, this is your opportunity to make a change. Accompanying this article is a Legislative Policy Proposal Form that can be used to submit a proposal for consideration. The deadline for submitting proposals is April 15, although earlier submission is encouraged. Please follow the instructions on the form for submitting your proposal. We leave you, then, with two assignments, should you choose to accept them:

NEW HAMPSHIRE TOWN AND CITY

• Contact the Government Affairs Staff (soon!) if you are interested in serving on a legislative policy committee (send us an email at governmentaffairs@nhmunicipal. org); and • Submit a legislative policy proposal if you have an issue that you would like to be considered as part of this year’s policy process. If you have a policy suggestion, it is not too early to send it in! Policy proposals may be submitted by a board or a local official from a member municipality. Please use the form found in this issue and email to us at governmentaffairs@nhmunicipal.org.

www.nhmunicipal.org

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UP CLOSE &

PERSONAL On the Board

elcome to Up Close and Personal is designed to give readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting one of our newest board members, William L. Duschatko, Councilor in the Town of Bedford. Bill was elected this November to serve on NHMA’s board of directors.

TC: What are your duties and responsibilities as Town Councilor? WD: Under the Town Council form of government, a Councilor’s role is acting as part of the legislative body under the rules set down by the Town Charter. The most meaningful difference is that Councilor’s do not become involved with any operational tasks and have other than choosing a Town Manager, have no direct hire/fire responsibility over Department Heads or employees. Our most important role is approving an annual budget for presentation to the Town body and monitoring the status of expenditures over the year. TC: What is your biggest challenge in performing your duties? WD: If is difficult at times to be removed from the operational aspects of management. This is especially true when one becomes aware that certain short-term changes or approaches could be beneficial to the long term effectiveness of the organization. Where one may wish to be a change agent, the reality of the situation is that one can only suggest and not act.

William L. Dushatko

TC: How has NHMA helped you to do your job? WD: The publications and seminars have proven to be excellent sources of information that can be quickly accessed and assimilated. TC: What is the public perception about your job and how does it differ from the reality of your job? WD: The public perception is that we have complete executive power and can be called upon to solve personal problems that out residents may have in dealing with various departments. Frankly, the public has a limited knowledge of local government structure and if they have spent a large part of their life outside of New England, do not understand the background and concepts of Town based governance.

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine? If so, please contact the New Hampshire Municipal Association at 603.224-7447 or tfortier@nhmunicipal.org. 34

TC: Has your public position changed you personally? WD: I like to think that I have become more tolerant in understanding the difficulties faced by well meaning municipal employees in accomplishing their tasks. Ironically, I have become more critical in perceived short comings in State and Federal government particularly as it concerns openness and a willingness to serve their members. TC: Has your job changed the way you look at the role of government? WD: I have been more convinced that strong local governments, free to plot the course of their own paths and manage their own resources has become more important. TC: What lessons about human nature have you learned in your municipal role? WD: Just a reminder that it is impossible to satisfy all people on any issue. TC: What advice would you give someone who would like to follow in your footsteps into this job? WD: Be prepared to grow a very thick skin, and to spend at least three times the time you originally thought you would be able to devote to the job.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

UP CLOSE &

PERSONAL On the Board

elcome to Up Close and Personal is designed to give readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting one of our newest board members, April Hibberd, Selectman in the Town of Bethlehem. April was elected this November to serve on NHMA’s board of directors.

TC: What are your duties and responsibilities as a Selectman? AH: As a Selectman, besides the roles and responsibilities determined by law, I am the liaison to the police, recreation, legal, library, tax, executive and welfare departments. As a liaison, I am available to these department heads as a resource, a sounding board, to give feedback, budget assistance, personnel discussions and to keep the board informed on pertinent information involving the departments. TC: What is your biggest challenge in performing your duties? AH: I was formerly the Administrative Assistant which gives me a unique perspective as a board member. It can be challenging at times to use that perspective during an opinionbased conversation versus “this is the way it needs to be done” conversation.

April Hibberd

TC: How has NHMA helped you to do your job? AH: I have been a frequent flier of the legal services. Utilizing that has saved us many times. The trainings, workshops and webinars have been instrumental in learning the responsibilities for all the people involved in running a town. I have worn many hats as an employee of the town. I welcomed each role with confidence knowing I had all the training resources available to me. TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? AH: When I first started working for the town there was some tension between employees/ departments, morale was down and there was a lack of collaboration between the departments. There were monthly department head meetings that I hoped could be a venue to make the department heads and departments more cohesive. The meetings did evolve into more than just FYI conversations. Departments were helping one another and the management team became a cohesive team that helped, advocated and supported each other. TC: Tell us a story about an unusual experience you have ad while doing your job. AH: There are so many…. When our porta potty went missing and took days to figure it out. The mystery was in the local paper.

TC: What lessons about human nature have you learned in your municipal role? AH: Bethlehem can be a very political town and has been divided on an issue for more than 30 years. The issue has affected relationships and been the focus of many select board meetings. When I decided to run for selectman, I knew I would have to finally reveal if I was pro or anti landfill. I chose not to share my opinion on that publicly as an employee because of how passionate people are. I didn’t want it to affect my job as Administrative Assistant. I once received a card after experiencing a loss from a very politically active member of our town. It was a beautiful card with very kind words written in it. In the card was also written “even though we don’t agree politically….” which surprised me in two ways. We had never discussed politics including the landfill topic and this person who is so passionate about her beliefs reached out to me in kindness even though she assumed I was on the “other” side. We have a very caring and kind town. It gets hidden sometimes in the landfill battle, but when it comes down to it and if someone in town needs something, you will have an army of people there to help. MARCH/APRIL 2022

Transformation and Simplification By Teresa Mitchell Erman, Director of Marketing, MHEC

Transformation is never easy.

But when that path is chosen and leads to delivering on your mission, it embodies a sense of purpose that exhilarates and keeps you moving forward through the thickets and the winding paths. That’s what 2021 has been for the MHEC.

Growing pains.

MHEC is celebrating its 45th year as a not-for-profit Group Purchasing Organization (GPO). This year caps off four and a half decades focused on building a diverse portfolio of publicly bid contracts, representing over 600 suppliers, 25,000 products and services, and 6000 brands. As a not-for-profit GPO, our portfolio gives members an opportunity to have a one-stop shopping resource to meet the broad needs of their organization without having to go to bid. Simple! But perhaps, not SO simple. An extensive analysis of member needs in 2020, revealed that all that diversity came at a cost—complexity in the searching process. While our contracts took the burden of sourcing suppliers off the shoulders of our members, finding the product to meet an organization’s need was another story. Put simply (no pun intended), we had too much of a good thing. This feedback led to an intense year of looking at how we could simplify every major touchpoint with our members.

Your one thing to do today Become a MHEC member organization. It’s the simplest thing you can do to make a difference for your organization and its free, as in no cost – ever. Sign up and you will join your muni neighbors in Antrim, Carroll, Lebanon, Hampstead, Keene, Laconia, Litchfield, Manchester, Nashua, Pelham, and Salem who have become members of the MHEC. Website: Our website was redesigned to enable quick and easy access to content and provide individual landing pages for each of our contracts. These pages serve as information hubs for members to find contract updates and news, promotions, supplier features and more. Landing pages by sector (cities and towns, libraries, k-12, and higher education) are in the process of being built. These pages will include state related news for our New England members. Purchasing platform: We are changing our purchasing experience to be an online marketplace called MHEC’s i buy marketplaceTM. n

The i buy marketplaceTM is powered by a leading ecommerce platform that can stand alone and also integrate with an organization’s existing punchouts that are often in place. Now, instead of having to pull the contract, find the contract representative, and call for a quote; buying from our contracts will be a point and click experience to search on products/ services, brands, and suppliers. Members will be able to also make comparisons between product choices, styles, and prices similar to current popular online retail sites. This buying tool will save members time, while our contracts save them money. A win-win. n

Getting-to-simple.

As we looked at root-causes, we discovered that at the heart of it, were complications from the immense growth. Originally chartered in1977 as a purchasing arm for Massachusetts state higher education institutions, our organization had 84 member organizations who paid fees to participate. Then the charter was changed in 2013 and MHEC grew to become a GPO for any not-for-profit organization with an educational component located anywhere in New England. Plus, membership was made free. Great stuff, except our technology solutions no longer fit the needs of our burgeoning membership base in today’s ecommerce marketplace. As we mapped out our strategy for getting-to-simple, we narrowed our focus to 2 key things: 36

NEW HAMPSHIRE TOWN AND CITY

An identity crisis

As we addressed our member needs through technology solutions, it was also time to rethink what our www.nhmunicipal.org

brand stood for. The existing logo was a tree whose branches represented the Massachusetts state higher education system, a great concept, but no longer a great fit. Our members now also come from libraries, k-12 schools, cities and towns, museums, historical societies, and housing authorities from all over New England. Therefore, our logo needed to symbolize something that was more inclusive, contemporary, and represented the trustworthiness and growth that members could associate with MHEC. This led to our new blue and green logo launched in August of 2021 which represents the forward movement of MHEC to a user-friendly, e-commerce buying experience.

giving life to the impression that we only serve in Massachusetts and only institutions of higher education. If it helps to remember, you can think of it as standing for “more help, every contract”. And it would be true. In the market research we conducted in 2020, we learned our number one brand asset was our outstanding service. Our team of strategic sourcing managers have the knowledge, expertise, and dedication to provide the service needed for our member organizations to get the most out of our contracts.

are sourcing local, regional, national, and even global suppliers to meet their purchasing needs.

New Hampshire Cities and Towns – MHEC contracts have you covered!TM

To learn more visit our website at: mhec.net. For a conversation on how our contracts can meet your needs, contact: Janet Garabedian, MHEC business development manager, t: 508320-2250, e: jgarabedian@mhec.net

We reach out to our members continually to discover the products that they need and if there are suppliers they recommend. Consequently, we

Originally named Massachusetts Higher Education Consortium, we go by our initials M.H.E.C. to keep from

With the COVID-19 pandemic disrupting operations, appropriating budgets, and causing supply chain disruptions that increase costs, leveraging the buying power of a not-for-profit consortium is a means to take back some of the fiscal ground municipalities have lost. An examination of member spending found that MHEC members save an average of 35% annually when using our contracts.

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Unite Us in New Hampshire By Nadine Lamontagne, Community Engagement Manager for Southern NH and Kelly Untiet, Community Engagement Manager for Northern NH What is Unite Us? Unite Us builds coordinated care networks aligning stakeholders from healthcare, government and the community around a shared goal to improve health. With Unite Us, providers across sectors can send and receive secure electronic referrals, track every person’s total health journey, and report on tangible outcomes across a full range of services in a centralized, cohesive, and collaborative ecosystem. Our proven infrastructure provides both a person-centered care coordination platform and a hands-on community engagement process; we work hand-in-hand with communities to ensure services are seamlessly delivered to the people who need them most. What is Unite Us in New Hampshire? The New Hampshire network is statewide, serving all ten counties and expanding with health and social care providers joining every day. Network partners offer a wide range of resources and services to meet basic needs such as financial, employment, housing, education, with a strong focus on addressing mental health and substance use. Launched in 2020, the network initially prioritized onboarding organizations who provided prevention, treatment and recovery services. Fast forward to the present and the network is representative of a diverse range of health and social care providers addressing a wide array of needs for New Hampshire residents. What does it look like for a municipality to join? Many departments within municipalities across the state have begun to take advantage of adopting the Unite Us network to make secure electronic referrals within a coordinated care network of health and social care providers. The City of Manchester Welfare and Health Departments have adopted the tool to send and receive referrals for the array of services provided within each respective department. Participation in the network is flexible and designed to meet the workflow needs of every department. Overall Unite Us aims to enhance care for clients who need help, so they don’t have to share their stories repeatedly. The Unite Us Platform allows partners to securely track the activity timeline in the client care journey, then use that closed-loop system to know they have been connected to services. Unite Us captures data that helps organizations and communities track referral outcomes. Unite Us partners across New Hampshire are seeing the benefits of connecting health and social care to improve population health. How can my city or town participate? All municipalities and community-based organizations are encouraged to get in touch with Unite Us about how to join the network. Unite Us offers access to the network at no cost for community-based 38

NEW HAMPSHIRE TOWN AND CITY

Unite with Us New Hampshire: A Coordinated Care Network Webinar 12:00 noon to 1:00 pm Tuesday, March 15, 2022 Unite Us in New Hampshire is a network of over 150 local organizations who have come together with one goal in mind: to support the health and wellness of all Granite Staters. This statewide initiative builds on existing work designed to address the health and social needs that have an impact on individuals’ daily lives. This informational session will allow you to learn more about this effort, see a demonstration of the platform, and explore whether membership is right for your city or town. Presenters: Nadine Lamontagne, Community Engagement Manager for Southern NH and Kelly Untiet, Community Engagement Manager for Northern NH

organizations, and the community engagement teams on the groundwork closely with local CBOs in the community. Unite Us is HIPAA compliant, HITRUST certified, and fully aligns with the strictest federal privacy regulations, including 42 CFR Part 2 and FERPA. Please contact Nadine Lamontagne (Nadine.Sacco@uniteus. com) if you are located in southern NH, the seacoast or upper valley regions of the state, and Kelly Untiet (Kelly.Untiet@uniteus.com) if you are located in the capital area, lakes region or the north country. www.nhmunicipal.org

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

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

The E-newsletter of the New Hampshire Municipal Association

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

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

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MARCH/APRIL 2022

The

REPORT

New Hampshire Supreme Court Weighs In on Employee Accommodation Requests Related to Therapeutic Cannibis By Anna B. Cole, Esq.

he Americans with Disabilities Act, as well as New Hampshire’s Law Against Discrimination – RSA 354-A, require employers to provide qualified disabled employees with reasonable accommodations that will enable the employee to perform the essential functions of their job. Workplace accommodations commonly include modification of how work is performed, modification of employer policies and/or facilities, and/or the purchase of equipment to be used in the workplace. Despite the fact that it continues to be listed as a Schedule I drug under the federal Controlled Substances Act, many states, including New Hampshire, have adopted laws permitting the therapeutic use of cannabis. As a result, employers are being confronted with employee accommodation requests related to the use of cannabis. While the definition of “disability” was significantly broadened in 2008, both the ADA and state law expressly state that the definition does not include disabilities that are the result of current illegal drug use. Therefore, these requests beg the question – are employers required to permit the use of cannabis as an accommodation for an employee’s disability, despite the fact that the drug continues to be illegal under federal law? On January 14, 2022, the New Hampshire Supreme Court issued a decision in Paine v. Ride-Away, Inc., which moved us one step closer to answering this question. In Paine, the plaintiff was employed employer as an automotive detailer. The employer had a drug testing policy under which an employee who tested positive was subject to termination. The plaintiff had been diagnosed with Post-Traumatic Stress Disorder (PTSD) and, as permitted under RSA 126-X, had been prescribed cannabis as a treatment. The plaintiff then asked his employer to make an exception to its drug testing policy as a reasonable accommodation for his disability. In submitting his request, he clarified that he was not seeking to use cannabis during work hours or to possess it on his employer’s premises – just that the employer make an exception to the testing policy, since his off-duty use would result in 40

NEW HAMPSHIRE TOWN AND CITY

positive drug test result. The employer denied his request and terminated his employment based on his use of cannabis in violation of the employer’s policy. In response, the plaintiff sued the employer for disability discrimination in violation of RSA 354-A. Before the trial court, the employer argued that the plaintiff was not “disabled” within the meaning of state and federal law because the definition of disability under RSA 354-A:2, IV “‘is contingent on the ‘disability’ not including current, illegal use of, or addiction to a controlled substance as defined in the [federal] Controlled substances Act.’” The trial court agreed with the employer and further reasoned that the state’s therapeutic cannabis statute was not intended to obligate employers to accommodate the use of cannabis. Ultimately, the trial court held that “‘as a matter of law, employers are not required to make reasonable accommodations for marijuana use.’” The plaintiff appealed to the New Hampshire Supreme Court. In reversing the trial court’s decision, the Court explained that the trial court had essentially transposed the law’s disability analysis with the law’s reasonable accommodation analysis. The Court noted that the plaintiff was not seeking an accommodation because of a disability arising from his illegal drug use; instead, he was seeking an accommodation for his PTSD. As PTSD is considered to be a disability under state and federal law, the employee was entitled to seek a reasonable accommodation that would enable him to perform his essential functions. The Court noted that RSA 354-A does not include any language that categorically excludes the use of therapeutic cannabis as a potential reasonable accommodation. Accordingly, the Court determined that the trial court had erred when it held that, as a matter of law, the use of cannabis could not be a reasonable accommodation for an employee’s disability. The case has been remanded to the trial court for further proceedings related to the reasonableness of the accommodation request. www.nhmunicipal.org

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

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

We use a team approach – small groups of highly specialized attorneys that work together to offer clients the counsel and support they need, precisely when they need it. It’s an efficient way to practice law. It’s also extremely productive and cost effective for our clients.

Learn more about what our municipal group can do for you: dwmlaw.com | 800.727.1941

www.nhmunicipal.org

MARCH/APRIL 2022

THE HR REPORT from page 40

Lessons from the Paine decision Whenever an employee requests an accommodation, the employer should initially determine if the employee has a qualifying disability. In making that assessment, employers should not focus on the accommodation requested, but should instead focus on the medical condition for which an accommodation is sought. Once the disabling condition is confirmed, the employer must engage in an interactive process to determine how the disability restricts the employee’s ability to do their job and identify accommodations that would address those restrictions. An employer is not obligated to grant the accommodation proposed by the employee if there is an alternative that achieves the necessary result and which does not constitute an undue burden. An accommodation request that requires the employer to engage in illegal conduct or allow ille-

gal conduct on its premises is patently unreasonable, but an accommodation that requires the employer to tolerate the employee’s off duty illegal conduct (at least under federal drug laws) is not per se unreasonable. Absent a showing that it would create health or safety risk or violate some other law, licensing or certification requirement, granting an exception to the “discipline for positive test” component of a workplace drug policy could be a reasonable accommodation that does not create an undue burden. This is the second case in which the New Hampshire Supreme Court has rejected attempts to limit employee’s access to therapeutic cannabis. In State v. Panaggio (2019), the Court held that a workers’ compensation insurer could not deny reimbursement to an employee who was using prescribed cannabis to treat a work-related injury. Taken together, these two cases clearly signal that the Court is likely to protect employee’s use of therapeutic cannabis. Therefore, employers should proceed with caution

Court

Update

before denying an accommodation request related to cannabis use. Employee accommodation requests require an intensely factually analysis. Before denying a request or determining that no accommodation exists that will enable the employee to perform their essential functions, it is often prudent for employers to seek legal counsel to ensure that the appropriate steps have been taken to protect the municipality’s interests. Anna Cole is a member of Drummond Woodsum’s Labor and Employment Group. Her practice focuses on the representation of private and public employers in all aspects of the employer-employee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such.

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

Now available online:

December 2021 Government Need Only Establish that Disclosure of a Law Enforcement Record Might Risk Circumvention of the Law; in the Right Circumstances Trial Court Review of Right-to-Know Record Disclosure can Occur in an Ex-Parte In Camera Hearing., ACLU v. City of Concord, New Hampshire Supreme Court Case No. 2020-0036, 12/07/21

November 2021 Cell Tower Location Allowed Where a Gap in Wireless Service Exists, GMR Holdings v. Lincoln, United States District Court, District of New Hampshire Case No. 21-cv-117-SM, Opinion No. 2021 DNH 173, 11/08/21

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Free Certificate Program

Academy for Good Governance

Build Your Leadership Skills. The Academy for Good Governance is a series of six courses created by NHMA and Primex, exclusively for elected governing body members (see inset left). Courses are taught by experienced attorneys and staff from NHMA, Primex, HealthTrust, and the New Hampshire School Boards Association (NHSBA). Attendees will receive education and training intended to make them more knowledgeable and effective in their governing body roles. Attendance at the Academy is free and open to governing body members from municipalities and school districts that are members of NHMA, Primex and NHSBA. Space is limited, and registration will open on the NHMA website in March. Attendees must attend all six courses to receive a Certificate of Completion. All classes run 5:00 pm—7:00 pm.

CREATE NEW CONNECTIONS www.nhmunicipal.org

MARCH/APRIL 2022

Tech

Insights

By Kevin Howarth, Marketing & Communications Manager, VC3

APRA Coronavirus State and Local Fiscal Recovery Funds Final Rule Confirms That Municipalities May Use Funds for Cybersecurity, IT Services, and Websites

n January 6, 2022, the Department of the Treasury published the Final Rule for the Coronavirus State and Local Fiscal Recovery Funds (Recovery Funds) portion of the American Rescue Plan (ARP). The Final Rule made it much easier for municipalities to use Recovery Funds for “government services,” loosely defined as “services traditionally provided by recipient governments […] unless Treasury has stated otherwise,” and expressly including “modernization of cybersecurity, including hardware, software, and protection of critical infrastructure.” The Rule allows cities and towns to spend Recovery Funds for “government services” up to the amount of pandemic-related revenue loss and lets cities choose a “standard” amount of pandemic-related revenue loss of up to $10 million. Because most cities will receive less than $10 million in Recovery Funds, they have significant discretion to spend the funds on anything that meets the broad definition of “government services” as long as they meet general guidelines for use of federal funds. (Expenditures must be necessary, reasonable, allocable, consistent with a city’s expenditure policies, consistently treated, determined in accordance with generally accepted accounting principles, and adequately documented.) Reporting and documentation requirements are streamlined for these “government services” expenditures. The Treasury uses a specific phrase, “presumption of revenue loss due to the pandemic,” to indicate that it’s assumed that municipalities lost revenue during the pandemic. Recovery Funds are assumed to replenish that lost revenue. By broadly applying to “government services,” the allowed uses for the Recovery Funds do not need to tie directly to a COVID impact.

Municipalities Can Use Recovery Funds for Cybersecurity, IT Services, and Municipal Websites The good news is that municipalities can use Recovery Funds to pay for: • Cybersecurity management, monitoring, alerting, and detection

NEW HAMPSHIRE TOWN AND CITY

• Cybersecurity tools and training • Data backup and disaster recovery solutions and storage • Data backup monitoring, maintenance, and support • IT monitoring, maintenance, and support • Website design and maintenance services

Once in a Generation Opportunity to Modernize IT and Enhance Cybersecurity As you consider the best ways to use Recovery Funds, think of this once-in-a-generation funding as an opportunity to: • Modernize your information technology • Ensure you have the best protections in place against ransomware and cyberattacks • Create a municipal website to help residents access your services remotely Any expenses must be obligated by December 31, 2024 and expended by December 31, 2026. Despite a Final Rule effective date of April 1, 2022, you can start using Recovery Funds now, as long as you take actions and use funds in a manner consistent with the Final Rule. If you have been putting off important cybersecurity, IT assessments, and IT projects due to budget constraints, now is the time to move forward. Kevin Howarth is the Marketing and Communications Manager for VC3, the largest managed services provider focused on local government in the United States. His background includes 18 years of content marketing experience in information technology, cybersecurity, and municipal government.

www.nhmunicipal.org

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MARCH/APRIL 2022

Legal

Q and A Right-to-Know and Privacy Q&A By Jonathan Cowal, Municipal Services Counsel The purpose of the Right-to-Know Law (RSA 91-A) is to provide transparency in government and ensure the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people. Under RSA 91-A the public has broad access to governmental records created, accepted or obtained by a public body or agency. However, while the purpose of the Right-to-Know Law is to allow the public access to information and records kept by government agencies, that doesn’t mean this access comes without its limitations. Questions most often emerge when information about an individual that would generally be considered private ends up in a governmental record and could be subjected to disclosure pursuant to a request made under the Right-toKnow Law It is important to remember that just because a governmental record can or even should be disclosed under RSA 91-A, it doesn’t mean that privacy interests of individuals no longer apply. Right-to-Know was designed to shed light on the operation of government entities, not necessarily individuals, especially if they are not themselves government employees or were not acting in their capacity as a government official. Q. What privacy protections exist within RSA 91-A? A: RSA 91-A:5 lists a series of governmental records which are exempted from disclosure under the Right-to-Know Law. These exemptions include records such as grand jury lists, personal school records of pupils, teacher certification records, and records pertaining to matters relating to the preparation for and the carrying out of all emergency functions. Tucked within paragraph IV of section 5 it also states, “personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy.” It is the statement, “other files whose disclosure would constitute invasion of privacy” that has been interpreted as the exemption used to protect individual privacy interests when it comes to disclosure of records. 46

NEW HAMPSHIRE TOWN AND CITY

Q. What type of information constitutes an invasion of privacy? A: First and foremost, most personal identifying information about an individual would be considered outside the scope of what should be disclosed in a public records request. Things like addresses, phone numbers, social security numbers and email addresses of private citizens found within a governmental record should be redacted before those records are disclosed to the public. Keep in mind, however, the context in which this information was obtained matters. For something to constitute an invasion of privacy, the person providing the information must have had an expectation of privacy to begin with. For example, someone who stands up at a public meeting and introduces themselves by providing their name and address would not have a strong privacy interest in keeping that information out of the publicly available meeting minutes given that they chose to announce that information to the public body. Contrast that example with someone who was asked to provide their name and address when reporting a gas leak to the DPW. If records of the DPW’s response to that gas leak were sought pursuant to a RSA 91-A request, the person who was asked to provide their name and address when making the initial report would have a greater privacy interest because they did not give that information voluntarily and in an obviously public forum. When a situation such as this arises, a simple redaction can be all that is needed prior to disclosing the documents. But what happens when the information is broader than just a name or phone number? What if an individual’s entire interaction with a government entity could constitute an invasion of privacy if records of that interaction were released to the public? Q. How do I tell if enough of a privacy interest exists to qualify as an exemption from disclosure? A: The law supports disclosure. Unless a compelling privacy interest exists, records that would normally be subjected to disclosure should be disclosed under Right-to-Know. Howwww.nhmunicipal.org

ever, sometimes private citizens are forced to interact with state and local agencies, and records of that interaction, if disclosed, would constitute a significant breach of their right to privacy. This most often occurs when we are dealing with records kept by a police department or child protection services. The courts have therefore adopted a balancing test used to determine whether or not disclosure is appropriate. First you must determine what, if any, privacy interest is at stake. As mentioned above, context is important when making this determination. If the records pertain to an inherently public interaction, like participation in a public hearing, there would be almost no expectation of privacy as compared to an interaction with police in the privacy of your home. When it comes to law enforcement, the court has recognized that members of the public generally have a privacy interest pertaining to things like police reports, dispatch logs and calls for service as public disclosure of that information can lead to embarrassment, judgement, or loss of status in the community. If it is determined that someone would reasonably have a privacy interest at stake, you then must move on to the second prong of the test. The next question to ask is, what is the public interest in disclosing the records? This can sometimes be a confusing concept to understand because the question to ask is not if there is some individual interest contained within the records, but rather if the records show that the government entity is operating properly. The case of Welford v. State Police provides a good example of how to approach this question. Here, the New Hampshire State Police were issued a request under 91-A to produce any records in their possession involving matters with Mr. Welford, who was a local school board member. The State Police refused to either confirm or deny the existence of any records involving this individual, citing the privacy exemption contained in RSA 91-A:5, IV. The court ruled that the State Police’s response was proper be-

cause the requesting party did not articulate a public interest in disclosing the records that would outweigh Mr. Welford’s privacy interests. There needed to be more than a bare suspicion that Mr. Welford was acting irresponsibly, or that the records provided insight on how the State Police as a governmental entity were operating. Because the public interest here was so limited, it did not outweigh the privacy interest and the records were exempt from disclosure. Q. What if the records being requested contain a strong privacy interest, but disclosure is necessary to protect someone’s health or safety? A: RSA 91-A:5, IV states, “Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a public body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected.” If a situation arises where disclosure is determined to be necessary to protect someone’s health or safety, the statute does allow those records to be disclosed pursuant to the proper redactions. Before disclosing these records, two things must be takin into consideration. First is that the records are being disclosed to persons whose health or safety may be affected. This means that the person requesting the records should articulate in some way how their, or someone under their custody’s, health or safety is affected by the disclosure of these records. Second, is that the confidentiality of the files is not otherwise compromised. This means that proper care should be taken to redact any private or identifying information about individuals contained in the records other that of the requesting party. Jonathan Cowal is the Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@nhmunicipal.org.

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MARCH/APRIL 2022

Racial Equity Action Plans: A How-to Manual - Toolkit to Assist Local Governments

hile local governments may consider themselves fair and just, people of color fare worse than their white counterparts in every area: housing, employment, education, justice, and health. Current day disparities are just as bad and sometimes worse than they were before the Civil Rights era. Since then, most governments have not made significant changes in outcomes for employees or residents of color, even with years of effort. Because local governments have a unique responsibility to all residents, these racial inequities can and must be addressed. The public sector must be for the public good; current racial inequities are destructive. We must go beyond individual, intentional discrimination or acts of bigotry, and examine the systems in which we all live. We must investigate—honestly—how our longstanding systems, policies, and practices, unintentionally or not, have created and continue to maintain racial inequity, and we must change them. Racial Equity Action Plans can put a theory of change into action to achieve a collective vision of racial equity. Plans can drive institutional and structural change. However, the goal we seek is not a plan. The goal is institutional and structural change, which requires resources to implement: time, money, skills, and effort. It requires local governments’ will and expertise to change our policies, the way we do business, our habits, and cultures. Our theory of change requires normalizing conversations about race, making sure we have a shared understanding of commonly held definitions of implicit bias and institutional and structural racism. Normalizing and prioritizing our efforts creates greater urgency and allows change to take place more expeditiously. We must also operationalize racial equity, integrating racial equity into our routine decision-making processes, often via use of a Racial Equity Tool and development and implementation of measurable actions. Operationalizing a vision for racial equity means implementation of new tools for decision-making, measurement, and accountability. We also organize, both inside our institutions and in partnership with others, to effect change together. Organizing involves building staff and organizational capacity through training for new skills and competencies while also building internal infrastructure to advance racial equity. This manual provides guidance for local governments to develop their own Racial Equity Action Plans after a period of research and information gathering. This manual also provides guidance and tools to conduct this research. GARE created a Racial Equity Action Plan template after a national scan of promising practices from cities and counties that have developed plans for racial equity and the structures that supported successful planning processes. We are also appreciative of the Results Based Accountability framework as a disciplined way of thinking and taking action that communities and government can use to achieve meaningful improvements, eliminate racial inequities and lift up outcomes for all.

WHAT IS RACIAL EQUITY? Racial equity is realized when race can no longer be used to predict life outcomes, and outcomes for all groups are improved.

NEW HAMPSHIRE TOWN AND CITY

Racial Equity Plans are both a process and a product. A successful process will build staff capacity which can be valuable during implementation. A process can also serve to familiarize more staff with the jurisdiction’s racial equity vision and its theory of change. Preparing leadership support, forming a skilled planning team, designing community engagement structures upfront, and securing resources to support all par-

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ticipants are key preparatory steps key to set the process on the right path. Your research must not only influence the content of your plan but also how it is framed. The methodology should include both quantitative and qualitative data collected through community engagement. A clear set of findings can provide a solid foundation to inform your plan. Areas to analyze include: • workforce demographics, hiring, retention, and promotion; • contracting practices; • jurisdiction commitment, leadership, and management; • community access and partnership; and • data, metrics, and on-going focus on improvement. Successfully implementing a plan will require well-resourced stewardship, strong accountability structures, and clear communications with all partners during the rollout and beyond. An organizational body, with authority to remove barriers during implementation and monitor progress, is critical infrastructure over the life of the plan. Regular tracking of performance and reporting on progress provides a level of accountability to follow through on the jurisdiction’s commitment to action. Using data and the opportunity to reflect develops a culture of learning and innovation to improve upon commitments in the plan over its lifetime. The quality and consistency of communication about the plan both within the government and with community will be a major indicator of whether the plan is another exercise in maintaining the status quo or whether it is truly the harbinger of your jurisdiction’s commitment to advancing racial equity. SOURCE: Toolkit: Racial Equity and Action Plans, Local and Regional Government Alliance on Race & Quity; Visit RACIALEQUITYALLIANCE.ORG to download this toolkit: https://www.racialequityalliance.org/resources/racial-equity-action-plans-manual/

Mark your Calendars for the 35th Mountain of Demonstrations

FREE

Thursday, May 26, 2022 9:00 am—1:00 pm Mount Sunapee Resort, Newbury

Event Held Rain or Shine! Hope to See you There! Come join the New Hampshire Road Agents Association for this popular annual event offering live demonstrations, hands-on safety training, equipment trials and more! Agenda and registration information coming soon!

www.nhmunicipal.org

MARCH/APRIL 2022

Celebrating Sunshine Week—March 13-19, 2022 Exercise your right to know, during Sunshine Week and beyond By RAY COONEY, The Commercial Review Sunshine is great. But it only matters if you take advantage of it. The following situation has played out at public meetings recently: Concerned resident: “I’m upset because I had no idea this was going on.” Public official: “Well, we’ve had announcements on the radio. And information has been printed in the newspaper.” Concerned resident: “I don’t listen to the radio and I don’t read the newspaper.” It’s not the first time we’ve heard that. It likely won’t be the last. But it is entirely unnecessary. The above exchange is what we would refer to as being “voluntarily uninformed.” In our society, we have ways of communicating information to the public. They include newspapers, radio, television and, yes, social media. (Those who communicate their messages well use them all.) But all of that effort doesn’t do much good if you don’t bother to take advantage of it. Yes, in certain circumstances, you’ll get a note in the mail or a knock on your door alerting you about what’s going on. But that shouldn’t be expected. When a basketball team plays a big game, no one expects a visitor to stop by and tell them the score. When the coronavirus pandemic hit, no one expected to learn about it via direct mail.

Thomas Jefferson wrote that a well-informed electorate is a prerequisite to democracy. It’s each individual’s responsibility to make an effort to be well-informed. So, buy a subscription to the newspaper. Listen to the radio. Watch television news. Or take a step further and attend a public meeting. If the last time you attended one was for high school government class, it might be time to attend again. And if (hopefully when) you attend, ask questions. Ask the reporters who are there from the newspaper and/or radio station. Ask the public officials. If you’re not a regular visitor to such meetings, it can be difficult to follow what’s going on. It’s like trying to jump into a conversation everyone else has been having for years. Of course, no member of the public is going to have time to attend every public meeting that might have an impact on their lives. That’s OK. It’s not just important for newspaper and radio reporters. It’s important for you. Laws about open government ensure your rights to attend meetings, your rights to review documents, your rights to know what your elected leaders are doing. After all, the sun could be as bright as ever. But it really doesn’t matter if you’re unwilling step outside to see what it’s shining on.

Ray Cooney is the editor and publisher of The Commercial Review, Jay County Daily Newspaper, Portland, Indiana Sunshine Week is a national initiative spearheaded by the News Leaders Association to educate the public about the importance of open government and the dangers of excessive and unnecessary secrecy. During Sunshine Week, hundreds of media organizations, civic groups, libraries, nonprofits, schools and other participants engage public discussion on the importance of open government through news and feature articles and opinion columns; special Web pages and blogs; editorial cartoons; public service advertising; and public forums. The purpose of the week is to highlight the fact that "government functions best when it operates in the open."

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

SAVE THESE DATES FOR UPCOMING WORKSHOPS

Hard Road to Travel Workshop 9:00 am—12:30 pm

Thursday, May 5, 2022 Attendees will receive a complimentary electronic copy of the NHMA's publication, A Hard Road to Travel: New Hampshire Law of Local Highways, Streets, and Trails.

Guide to Effective Code Enforcement Workshop 9:00 am—12:00 pm

Tuesday, May 24, 2022

Attendees will receive a complimentary electronic supplement to NHMA’s publication, A Guide to Effective Enforcement. Additional materials such as the PowerPoint presentation will also be distributed electronically. No print outs of the materials or hard copy of the publication will be provided. Pre-registration and payment is required. If you register but cannot attend, a recording of the workshop will be provided as long as payment has been received. Questions? Please contact our Event Coordinator, Ashley Methot at 603230-3350 or nhmaregistrations@nhmunicipal.org.

www.nhmunicipal.org

MARCH/APRIL 2022

GoGreen! Green! Go Green! Help Us Go Digital! HelpGo Us Go Digital! Go Green!

Help Us Go Digital! Digital! Help Us Go Currently our our bi-monthly magazine, New Hampshire Currently bi-monthly magazine, New Hampshire

Town and our City,bi-monthly is published as a member benefit and Currently magazine, New Hampshire Town and City, is magazine, published asHampshire a member benefit and Currently New distributed to bi-monthly approximately municipal officials Town and our City, is published as 2,300 a member benefit and Town and is published as2,300 a member benefit and distributed to approximately 2,300 municipal officials distributed toHampshire. approximately municipal officials across NewCity, distributed to approximately 2,300 municipal officials across New Hampshire. across New Hampshire. across New Hampshire.

We are pleased to continue to deliver the print edition to We are pleased to continue to deliver the print edition to digimember subscribers, however, should you find tothe We are pleased to continue to deliver the print edition We are pleased to continue the print edition to member subscribers, however, should to youdeliver find the digisubscribers, find thea digitalmember version sufficienthowever, and noshould longeryourequire print copy, tal version sufficient and no longer require a print copy, member subscribers, however, find the digital version sufficient andnhmainfo@nhmunicipal.org. no longer require a should print copy,you please let us knowatat please let us know nhmainfo@nhmunicipal.org. or byor by please let us know at nhmainfo@nhmunicipal.org. or by contacting Tim Fortier. tal version sufficient and no longer require a print copy, contacting Tim Fortier. contacting Tim Fortier.

please let us know at nhmainfo@nhmunicipal.org. or by Thank you foryour yourconsideration consideration to move a print Thank your consideration move from a print Thank you you for for totomove from afrom print contacting Tim Fortier. edition to of of Town andand CityCity magazine. edition to aa digital digitalversion version Town magazine. edition to a digital version of Town and City magazine.

Help Us Out! Go Green with Town and City! Help Us Out!Thank Go Green Green Town and City! you with for consideration Help Us Out! Go withyour Town and City! to move from a print magazine.

Contact TimothyFortier, Fortier,Communications Communications Coordinator, atat603.226.1305 oror at and Contact Timothy Coordinator, 603.226.1305 at edition to a digital version of Town Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or atCity tfortier@nhmunicipal.org tfortier@nhmunicipal.org

tfortier@nhmunicipal.org

Help Us Out! Go Green with Town and City! Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or at tfortier@nhmunicipal.org

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.

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.

NEW HAMPSHIRE TOWN AND CITY

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Please Join Us! Interested in Joining the Statewide Broadband Investment Planning Network? The New Hampshire Municipal Association (NHMA) has partnered with the National Collaborative for Digital Equity (NCDE), founded and based in New Hampshire, to help communities that are interested in using Local and Fiscal Recovery Funds (LFRF) to improve broadband. NHMA and NCDE are working together to bring interested members the opportunity to join a NHMA/NCDE broadband planning network and to undertake broadband investment planning together.

Overview of the Statewide Broadband Planning Network NCDE proposes that interested members allocate to NCDE a portion of their municipality’s ARPA Local Relief Funds (based on population, see below) to join the broadband investment planning network, whose priorities will be to: (1) assist the participating municipalities to develop one or more joint broadband investment funding proposals, (2) design investment plans to support for-profit and nonprofit business models that incorporate affordable pricing (<$15/month) for low- and moderate-income households; (3) assist participating municipalities to become “Broadband Ready” communities while developing NHMA’s capability to provide this support as an ongoing support to members generally; and (4) other broadband projects as deemed fundable. Broadband planning network cost schedule, based on population:

25-4,999: $5,000 5,000-9,999: $7,500 10,000 and greater: $10,000

Please note that NHMA receives a fee for each municipality that joins the Statewide Broadband Planning Network with NCDE.

Sign-up Today to Learn More About the Network If you are interested in learning more about this Network, please contact NHMA’s Executive Director Margaret Byrnes at 603.224.7447 or via email at mbyrnes@nhmunicipal.org. Your name and contact information will be shared with NCDE, who will follow-up directly with you.

www.nhmunicipal.org

MARCH/APRIL 2022

A Day Without Water – Why Care and What to Do? Clean, reliable, and affordable water is the foundation of modern society and public health. Nationwide, drinking and wastewater infrastructure contributes 20% of our economic growth and is considered one of the greatest public health benefits of the 20th century. Roughly 700,000 New Hampshire residents use public water services for drinking, bathing, irrigation, and waste disposal. Yet public water is so dependable and out of sight that most people have no idea where it comes from. Do you? Start by imagining a day without water: no water to drink or wash your hands with. No water to shower, bathe, flush the toilet, or do laundry. No way to make coffee, water your lawn, feed your pets, or process food. Hospitals, schools, and businesses would close without water. Firefighters couldn't put out fires and farmers couldn't irrigate crops. Disease would spread. Not a pretty picture! For over a century, we have benefitted immensely from abundant water sources, advanced treatment technologies, robust distribution systems, and a community of talented and dedicated professionals. Our public drinking water is so dependable that interruptions to water supplies are extreme exceptions to the rule. In many ways, public drinking water is hidden in plain sight. Public water is in local hands. Systems are managed by towns, districts or precincts that serve from a few hundred to tens of thousands of customers. Municipalities establish water rates, capital budgets, employee salaries, and land-use controls to protect their sources. Sometimes they partner with other towns to add supply capacity or emergency backup, or to protect a shared watershed. Decades of deferred maintenance that amount to more than most towns can afford to invest are being offset by recent, generational levels of federal infrastructure funding. With these new resources, Towns should take the following actions to insure they never face a day without water: • • •

•

Work with water, sewer, and highway departments to assess water system needs. Approve authorization to accept federal funds and expend required match at Spring 2022 town meeting. The NH Department of Environmental Services offers numerous loan and grants programs for public water infrastructure, with much of it available on a very short schedule. Review and update town Master Plans and ordinances that protect your source water. You can’t treat and distribute what you don’t have, and clean source water greatly reduces treatment costs. Review employee compensation policy and job descriptions to compete for the best and the brightest to operate your water systems. Make your systems and their operators a highlight of your community!

Win with Water! is a promotional campaign regarding public drinking water and wastewater systems supplying clean, safe and affordable water to your fellow residents. If any questions, contact Boyd Smith, President and CEO of the NH Water Works Association.

NEW HAMPSHIRE TOWN AND CITY

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— This Moment in NHMA History — 1986-1987 – 35 years ago… Over the summer of 1986, 66 locally-elected and appointed officials from 42 member municipalities served on three NHMA legislative policy committees to produce 46 recommendations for the 19871988 Legislative Policy Proposals to be voted on by the membership. These policy recommendations help guide staff in advocating municipal interests in the legislature. “NHMA provides a great forum for towns and cities to get together and discuss things,” said Bonnie Ham, native of Woodstock, and NHMA’s President in 1987. “We all have similar problems regardless of the size of the municipality and it’s more beneficial for us all to work together.” Ham also served at Woodstock town clerk and as the town’s first municipal secretary before her election as a selectman in 1973. Bonnie continues to serve today as a state representative and chair of the Woodstock planning board. (Editors Note: According to Wikipedia, prior to her election to the State House in 2020, Bonnie served two stints in the State House from 1992 to 1996 and again from 2016 to 2018. She previously served as a Woodstock Selectman from 1974 to 1992. Congratulations Bonnie for all your years of public service!) It was from May to September in 1787 that the United States Constitution was drafted by our founding fathers at the Constitutional Convention in Philadelphia. It was not until June 21, 1788, however, that New Hampshire became the ninth and deciding state to approve the Constitution. Many municipalities recognized this historical event with local celebrations and events.

According to its website, name the town that was established in 1763 and once known as Mast Camp, because it was the shipping point for the tall masts floated down the river by English settlers. Incorporated in 1765 by Colonial Governor Benning Wentworth, it was named for a distinguished vice-admiral of the Royal Navy. It is also the site of the longest two-span covered bridge in the world.

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www.nhmunicipal.org

The answer will appear in the May/June 2022 issue.

When you have figured out the answer, email it to tfortier@nhmunicipal.org.

ANSWER TO PHOTO IN THE JANUARY/FEBRUARY ISSUE: The photo on page 51 in the last issue of New Hampshire Town and City magazine is that of the town hall in the Town of Washington (also the cover photo). Thanks to: Marshall A. Buttrick (Greenville); Cathy Raymond (Laconia); Marjorie Roy (Andover); and Fred Welch (Ashland) who all responded with the correct answer.

MARCH/APRIL 2022

Unite Us in New Hampshire: A Coordinated Care Network 12:00 noon – 1:00 pm Tuesday, March 15, 2022

Upcoming Webinars

Unite Us in New Hampshire is a network of over 150 local organizations which have come together with one goal in mind: to support the health and wellness of all Granite Staters. This statewide initiative builds on existing work designed to address the health and social needs that have an impact on individuals’ daily lives.

Join Community Engagement specialists Nadine Lamontagne (Southern NH) and Kelly Untiet (Northern NH) to learn more about this effort, see a demonstration of the NHMA will be hosting two complimentary coordinated care network platform (the network contains webinars in March and April for members partners who provide a broad range of services such as of the New Hampshire Municipal Associa- housing, employment, food assistance, behavioral health, utilities, and more), and explore whether membership is tion. right for your city or town.

ZBA Basics 12:00 noon - 1:30 pm Wednesday, April 13, 2022 This webinar is designed specifically for new board members including a basic overview of the organization, powers, duties, and relevant statutory and case law authority

For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 603.224.7447 or email NHMAregistrations@nhmunicipal.org.

NEW HAMPSHIRE TOWN AND CITY

Join NHMA’s Legal Services attorneys Stephen Buckley and Jonathan Cowal who will discuss how to keep your board's affairs in order (including rules of procedure), the do's and don'ts for conducting meetings and hearings, your board's issuance of decisions, and its rehearing procedures, as well as understanding the role of the ZBA through the granting of relief from the strict terms of the zoning ordinance through variances, special exceptions and administrative appeals. This webinar is open to all NHMA members and will benefit not only new ZBA members, but also others who want to better understand the different roles and responsibilities of various municipal officials in these positions. www.nhmunicipal.org

Serving the Needs of New Hampshire Municipalities for Over 30 Years

Relevant Experience Effective Solutions Valuable Results

MUNICIPAL TECHNOLOGY SYSTEMS Cloud or Local Server Installations New Hampshire Based and Focused

Municipal Resources, Inc.| Municipal Technology Systems 603.279.0352 | info@mrigov.com www.mrigov.com

Periodical Postage Paid at Concord, NH

25 Triangle Park Drive Concord, NH 03301

Embrace the Magic of Spring! After a long winter, spring brings renewed energy, and new reasons for your employees and retirees to take steps to care for themselves and their families. HealthTrust provides them with the resources needed for optimal health so they can get busy making memories with the people who matter most to them. Spring Checklist for Optimal Health: Schedule preventive health visits. Shop medical services, make informed decisions and earn rewards with SmartShopper.

Set wellness goals and connect with a Slice of Life Health Coach. Access more resources on the HealthTrust Secure Enrollee Portal.

800.527.5001 | www.healthtrustnh.org

New Hampshire Town and City Magazine, March-April 2022

Articles inside

Upcoming Webinars

Legal Q&A: Right-to-Know and Privacy Q&A

Tech Insight: APRA Coronavirus State and Local Fiscal Recovery Funds Final Rule Confirms That Municipalities May Use Funds for Cybersecurity, IT Services, and Websites

Up Close and Personal on

Unite Us in New Hampshire

2021 Annual Report

Upcoming Events

Happenings

Transformation and Simplificaton

Up Close and Personal on

HR Report: New Hampshire Supreme Court Weighs In on Employee Accomodation Requests Related to Therapeutic Cannibis