September/October 2021
TownandCity N E W
H A M P S H I R E
In This Issue:
A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION
Advancing Racial Equity in Local Government............................................8 Town and City Clerks: What Don’t They Do?.............................................12 Town and City Clerks: Pandemic Perspectives...........................................13 Legislative Updates to RSA 128: Town Health Officers............................20 2021 Legislative Update: What a Year It Has Been!.................................22 Remembering Jessie Levine.................................................................... 26
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 LXIV • Number 5
September/October 2021
3
A Message from NHMA
5 Happenings 7 Upcoming Events 28
Up Close and Personal in the Field: Sara Smith
29 Up Close and Personal in the Field: Robert “Bubba” Ellis 30 Tech Insights: 7 Benefits of a Technology Partnership 34 NHARPC Report: True or False: Debunking Common Master Plan Myths 36
HR Report: Paid Family Leave in New Hampshire?
38 Legal Q&A: Town Clerks & Their Offices 42
Court Update
46 This Moment in NHMA History 46 Name That City or Town Center Spread NHMA's 80th Annual Conference and Exhibition
8 12 13 20 22 26
Advancing Racial Equity in Local Government
Town and City Clerks: What Don’t They Do?
Town and City Clerks: Pandemic Perspectives
Legislative Update to RSA 128: Town Health Officers 2021 Legislative Update: What a Year It Has Been! Remembering Jessie Levine
Cover: KingstonTown Hall
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.
Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. Individual copies are $10.00 each. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301. NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2021 New Hampshire Municipal Association
www.nhmunicipal.org
SEPTEMBER/OCTOBER 2021
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New Hampshire Municipal Association
B OA R D O F D I R E C TO R S
As of July, 2021
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 Chief of Staff, Nashua
Candace Bouchard City Councilor, Concord
Butch Burbank Town Manager, Lincoln
David Caron Town Administrator, Derry
Conservation Commission, Holderness
Shelagh Connelly
Phil D’Avanza Planning Board, Goffstown
Jeanie Forrester Selectman, Meredith
Stephen Fournier Town Manager, Newmarket
Bill Herman Town Administrator, Auburn
Neil Irvine Town Administrator, New Hampton
Pamela Laflamme Community Development Director, Berlin
Patrick Long Alderman, Manchester
Harold Lynde Selectman, Pelham
Conner MacIver Town Administrator, Barrington
Selectman, North Hampton
Judie Milner City Manager, Franklin
Donna Nashawaty Town Manager, Sunapee
David Stack Town Manager, Bow
Eric Stohl Selectman, Columbia
David Swenson Selectman, New Durham
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NEW HAMPSHIRE TOWN AND CITY
Immediate Past Chair
City Manager, Lebanon
Jim Maggiore -
Immediate Past Vice Chair
www.nhmunicipal.org
certified public accountants
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We want want to to be part of your We your team. team. For contact: For personal attention contact: Robert L. Vachon, CPA CPA Jarad Vartanian, 608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com
A Message from the
S
NHMA
ummer days may linger into September, but here at NHMA, we are ready to get back to business! The fall is our busiest time for member workshops and training programs, as staff have been planning and preparing over the summer to get them all ready.
Speaking of staff, we are excited to introduce Katherine Heck as our new Government Finance Advisor! Katherine lives in Greenfield where she has served as the Town Treasurer for the past 15 years and is elected to the local School Board. Katherine received her bachelor’s degree from Mount Holyoke College and certificates in Municipal Finance from the University of Chicago and in Public Financial Management from the International Monetary Fund. In addition to her public sector position, Katherine also owned her own firm which provided financial consulting and project-based financial services to New England cities, towns, schools districts and U.S. based non-profit organizations. Welcome aboard, Katherine! September brings the Budget & Finance Workshop, one of our most attended workshops, which always provides up-to-date and valuable information about budget and municipal finances. This year’s program will include an update of the American Rescue Plan Act (ARPA) and how to get the most out of ARPA for your community and the latest info on the new state budget and the status of state aid, so join us virtually on Tuesday, September 14th. Don’t delay, register today!
The fall also brings the Municipal Land Use Law Virtual Conference – a sure sign that summer is over. This full day workshop is Saturday, September 18th and will introduce you to the “new” Office of Strategic Initiatives as well as introduction to the New Hampshire Housing Appeals Board. The workshop will also explore New Hampshire’s workforce housing law, meeting mechanics of land use boards, as well as “dig” into RSA 155-E dealing with excavations.Auditing Comprehensive Governmental
Roberts & Greene, PLLC
and Accounting The ever Services popular It’s a Hard Road to Travel virtual workshop features everything you
want and need to know about roads. This half-day workshop will be held virtually on for: attendees will receive a complimentary electronic copy Wednesday,Contact Septemberus 22nd and of Financial of the NHMA’sAudits publication, A HardStatements Road to Travel: New Hampshire Law of Local HighFinancial Statement Preparation ways, Streets, and Trails. Accuracy Governmental Auditing Comprehensive Comprehensive Governmental Auditing Accounting Assistance th CommunicationServices and Accounting Save the dates of Wednesday Staff Trainingthrough Friday, November 17-19 for the 80 Annual Conand Accounting Services Timeliness ference and Exhibition at the DoubleTree by Hilton Downtown Manchester. NHMA Management Advisory Services Contact for:event months in advance, so with uncertainty about the state of the plans this us annual Audits of Financial Statements environment in the fall, we are bringing the conference to our members in a Contact for: Street COVID-19 47usHall 603-856-8005 Concord, New Hampshire Financial Statement Preparation Email: info@roberts-greene.com new hybrid format—both for safety and convenience. With this hybrid format, the first Audits of Financial Statements Accuracy Accounting Assistance day will be held live and in-person at the DoubleTree by Hilton Downtown Manchester Communication Financial Statement Preparation Staff Training omprehensive Governmental Auditing with video streaming of popular program sessions to members who chose to attend virtuAccuracy Comprehensive Governmental Auditing Timeliness Accounting Assistance Management Advisory Services nd AccountingCommunication Services ally. Thursday will be a full day of virtual/remote streaming of educational sessions and and Accounting Services Staff Training mprehensive Governmental Auditing Friday will be a half-day of remote streaming of educational sessions as needed. Whether Timeliness 47 Hall Street 603-856-8005 d Accounting Services Contact us for: Management Advisory Services Contact live and in person or virtually, we hope you join us this year! us for: Concord, New Hampshire Email: info@roberts-greene.com
Roberts Roberts & Greene, PLLC& Greene, PLLC
Roberts & Greene, Roberts PLLC & Greene, PLLC oberts & Greene, PLLC
uracy unication eliness acy cation ess
Audits of Financial Statements
603-856-8005
Financial Preparation Contact us Statement for: 47 Hall Street
Accuracy
Accounting Assistance of Financial Statements Concord, NewAudits Hampshire Email: info@roberts-greene.com Communication
Street w Hampshire
treet Hampshire
Staff Training Financial Statement Preparation Timeliness Management Advisory Services Accounting Assistance Staff Training 47 Hall Street Management Advisory Services
603-856-8005
Email: info@roberts-greene.com Concord, New Hampshire
603-856-8005 Email: info@roberts-greene.com
www.nhmunicipal.org
Audits of Financial Statements
You can learn more and register for any, or all, of these Financial Statement Preparation events through the Calendar of Events on NHMA’s webAccounting Assistance site: www.nhmuncipal.org. These workshops all feature Staff Training NHMA staff and other knowledgeable professionals from Management Advisory Services around the state who deliver quality presentations and information to keep you informed and up-do-date. 603-856-8005 Email: info@roberts-greene.com
We hope you will join us for one or more of these September workshops and for our Annual Conference in November. SEPTEMBER/OCTOBER 2021
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2021 2021 Budget Budget & & Finance Finance Virtual Virtual Workshop Workshop
9:00 9:00 am—4:05 am—4:05 pm pm Tuesday, Tuesday, September September 14, 14, 2021 2021
$70
Program Program Agenda Agenda
Fundamentals Fundamentals of of the the Municipal Municipal Budget Budget Process Process
Using NHMA’s Basic Law of Budgeting as a guide, this full-morning session will address all Using NHMA’s Basic Law of Budgeting as a guide, this full-morning session will address all aspects of the municipal budget process focusing on appropriations, gross-basis budgeting, sepaaspects of the municipal budget process focusing on appropriations, gross-basis budgeting, separate vs. special warrant articles, multi-year contracts, transfers, lapses, spending limitations, Norate vs. special warrant articles, multi-year contracts, transfers, lapses, spending limitations, NoMeans-No, duties of official budget committees, disallowed appropriations, special budget requireMeans-No, duties of official budget committees, disallowed appropriations, special budget requirements under the SB 2 process (official ballot voting) including recent law changes, and other topics. ments under the SB 2 process (official ballot voting) including recent law changes, and other topics. This session is a must for members of governing bodies, budget committees, and other local offiThis session is a must for members of governing bodies, budget committees, and other local officials involved in the budget process. cials involved in the budget process. Presented By: Stephen Buckley, NHMA Legal Services Counsel and Natch Greyes, NHMA MunicPresented By: Stephen Buckley, NHMA Legal Services Counsel and Natch Greyes, NHMA Municipal Services Counsel ipal Services Counsel
How How to to Use Use Capital Capital Reserves, Reserves, Trust Trust Funds Funds and and Other Other Non-Lapsing Non-Lapsing Appropriations Appropriations
How to successfully use capital reserves, trust funds and non-lapsing appropriations to municipal How to successfully use capital reserves, trust funds and non-lapsing appropriations to municipal advantage. This workshop will cover how to properly use capital reserves, non-capital reserves, advantage. This workshop will cover how to properly use capital reserves, non-capital reserves, expendable trusts, revolving funds, special revenue fund, gifts and trusts and unanticipated reveexpendable trusts, revolving funds, special revenue fund, gifts and trusts and unanticipated revenue (RSA 31:95-b). nue (RSA 31:95-b). Presented By: Bruce K. Kneuer, NH Department of Revenue Administration and Gordon B. GraPresented By: Bruce K. Kneuer, NH Department of Revenue Administration and Gordon B. Graham, Esquire; Soule, Leslie, Kidder, Sayward & Loughman ham, Esquire; Soule, Leslie, Kidder, Sayward & Loughman
Using Using ARPA ARPA to to Benefit Benefit Your Your Community Community
An overview of American Rescue Plan Act (ARPA) and any residual CARES Act matters. How to An overview of American Rescue Plan Act (ARPA) and any residual CARES Act matters. How to get the most out of ARPA for your community. get the most out of ARPA for your community. Presented by: Margaret Byrnes, NHMA Executive Director and a collaborator to be named later Presented by: Margaret Byrnes, NHMA Executive Director and a collaborator to be named later
Property Property Taxes Taxes and and State State Aid Aid to to Municipalities Municipalities
The final session of the day will explain the property tax rate setting process, including how to The final session of the day will explain the property tax rate setting process, including how to estimate budgetary impacts on the property tax rate for your municipality. Municipal funding estimate budgetary impacts on the property tax rate for your municipality. Municipal funding included in the biennial state budget will be reviewed along with the history and trends of state aid included in the biennial state budget will be reviewed along with the history and trends of state aid to municipalities. to municipalities. Presented By: Katherine Heck, NHMA Government Finance Advisor and Margaret Byrnes, Presented By: Katherine Heck, NHMA Government Finance Advisor and Margaret Byrnes, NHMA Executive Director NHMA Executive Director
Please Please visit visit www.nhmunicipal.org www.nhmunicipal.org for for registration registration details. details. 4
NEW HAMPSHIRE TOWN AND CITY
www.nhmunicipal.org
HAPPENINGS Bouchard Returns to Board; Lindner Elected to Serve as Secretary At the July 16, 2021 board meeting, Concord City Councilor Candace Bouchard was elected to serve out the seat vacated by former City Councilor, Meredith Hatfield. In addition, the board elected Cheryl Linder to serve as Secretary due to the vacancy created by the resignation of Rick Hiland, former Albany selectperson. Congratulations to Candace and Cheryl. We appreciate the time you spend with us!
Evergreen Farm Offers 30 Foot-tall Balsam Fir as Holiday Tree to Interested City or Town! Evergreen Farm in Kingston, New Hampshire has been growing choose-and-cut Christmas Trees since 1985. This 30+ foot-tall Balsam Fir was never chosen as a Christmas Tree and is now much too tall for any residential application. It is time for this beautiful tree to make room for new trees in the plantation, so Evergreen Farm is offering to donate it to a New Hampshire city of town that can give it a good home this holiday season. The chosen municipality will be responsible for cutting the tree and removing it from the Farm. If interested, please give Glenn Coppelman of Evergreen Farm a call at 603.772.5355 (land), or 603.770.5355 (cell). Glenn can also be reached via email at gcoppelman@gmail.com. www.nhmunicipal.org
Service Animals & Taxis Jody Ianuzzi’s question sounded simple enough. “What can we do to bring more attention and education around the issue of taxis and service dogs? Jody Ianuzzi (in photo with her service dog), resident of Keene, contacted the Governor’s Commission on Disability (GCD) some months back. She serves as President of Monadnock Chapter and First Vice President of the National Federation of the Blind of New Hampshire. As such, she has heard the stories of individuals with service animals who were not always welcomed when it came to taxi service. Ianuzzi was not seeking to criticize or punish anyone. She just wanted to highlight in some way that the Americans with Disabilities Act (ADA) protects the rights of individuals with service animals. The GCD agreed to take a look at the situation through the lens of education. The Service Dogs & Taxis PSA was developed to highlight the importance of the ADA and educate around five FAQs. It is designed as a quick reference for several audiences, including taxi drivers. Municipalities and other groups now have the option to post it, distribute it or just use it as a quick informational reference. The bottom line is that taxi drivers cannot discriminate against individuals with disabilities by refusing to provide service to individuals with service animals. Service animals are individually trained to assist an individual with a disability. They perform a specific task, which distinguishes them from other animals whose purpose is to primarily render emotional comfort. If it is not obvious why an individual has a service animal, two questions may be asked: (1) Is the dog required because of a disability? and (2) What work or task has the dog been trained to perform? Referencing the ADA, Service Animals & Taxis provides these five reminders for the Taxi Driver:
• If I am afraid of allergies, must I allow service animals? Yes. • If I have a no pets rule, must I allow service animals? Yes. • If a service animal is misbehaving, may I ask the handler to remove the dog? • If the handler is not taking action to control the dog, then Yes. • Is it against the law to charge more for service animals? Yes. • If a service animal is misbehaving, may I ask the handler to remove the dog? Yes.
With the release of Service Animals & Taxis, there is now one more tool to remind us all of the importance of equal access. It is found on the GCD’s website at www. nh.gov/disability. Louise McBride is the Research & Information Specialist at the Governor’s Commission on Disability and may be reached at 603.271.2773 or Louise.E.McBride@gcd.nh.gov.
SEPTEMBER/OCTOBER 2021
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Now Available as iCal Download!
HAPPENINGS from page 5
2022 Important Date Calendars Now Available! Go to the Resource and Publication section on NHMA’s website (www.nhmunicipal.org) to download your 2022 Important Date Calendars which detail important dates and deadlines for March and May traditional meetings and March, April and May SB2 meetings, as well as a general calendar. 2021 General Calendar 2022 General Calendar 2022 Traditional (March) Town Meeting Calendar 2022 Traditional (May) Town Meeting Calendar 2022 SB2/Official (March) Town Meeting Calendar 2022 SB2/Official (April) Town Meeting Calendar 2022 SB2/Official (May) Town Meeting Calendar
Our Important Date Calendars are now available as an iCal download. iCal will synchronize the Important Date Calendar with other compatible calendar services, including Google calendar, Microsoft Outlook and Microsoft Office. Members can also view these calendars on our website in calendar view, as a list, or as a printable PDF. https://www.nhmunicipal.org/resources-publications/calendars-ical Click “download” for a one time download, or click “subscribe” to get future updates automatically.
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NEW HAMPSHIRE TOWN AND CITY
Offering Property & Liability, Workers’ Compensation, and Unemployment Compensation Programs to NH municipalities, schools, counties and special districts.
800-698-2364 603-225-2841 www.nhprimex.org www.nhmunicipal.org
Upcoming
Events
For more information or to register for an event, visit our online Calendar of Events at www.nhmunicipal.org. If you have any questions, please contact us at nhmaregistrations@nhmunicipal.org or 800.852.3358, ext. 3350.
SEPTEMBER Labor Day Holiday (NHMA Offices closed) Monday, September 6 The Academy of Good Governance – Class 3: How to Run Effective Meetings Wednesday, September 8 5:00 pm – 7:00 pm 2021 Budget & Finance Virtual Workshop Tuesday, September 14 9:00 am – 3:00 pm Cost is $70.00 Sponsored by Municipal Technology Systems 2021 Municipal Land Use Law Virtual Conference Saturday, September 18 9:00 am – 3:00 pm Cost is $100.00 Hard Road to Travel Virtual Workshop Wednesday, September 22 9:00 am – 12:30 pm Cost is $55.00 The Academy of Good Governance – Class 4: Understanding Employee Benefits Wednesday, September 22 5:00 pm – 7:00 pm Investing in Water & Wastewater Infrastructure for Long-Term Benefits for New Hampshire Tuesday, September 28 12:00 noon – 1:00 pm
OCTOBER The Academy of Good Governance – Class 5: Preventing Discrimination Wednesday, October 6 5:00 pm – 7:00 pm Columbus Day Holiday (NHMA Offices closed) Monday, October 11 A Look at the New Housing Appeals Board Webinar Wednesday, October 13 12:00 noon – 1:00 pm Right-to-Know Law and Governmental Records and Public Meetings Virtual Workshop Thursday, October 14, 2021 9:00 am – 1:00 pm Cost is $55.00 Right-to-Know Law Virtual Workshop for Law Enforcement Wednesday, October 20, 2021 9:00 am – 12:00 pm Cost is $55.00 The Academy of Good Governance – Class 6: Managing Your Public Entity’s Liability Risk Wednesday, October 20 5:00 pm – 7:00 pm Please visit NHMA’s website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.
www.nhmunicipal.org
SEPTEMBER/OCTOBER 2021
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Advancing Racial Equity in Local Government By Rita Soler Ossolinski, Executive Director of the Race, Equity And Leadership (REAL) initiative of the National League of Cities
I
n the wake of the 2014 unrest in Ferguson, Missouri, the National League of Cities (NLC) created the Race, Equity, And Leadership (REAL) initiative to strengthen local leaders’ knowledge and capacity to eliminate racial disparities, heal racial divisions, and build more equitable communities. REAL offers tools and resources designed to help local elected leaders build safe places where people from all racial, ethnic, and cultural backgrounds thrive socially, economically, academically, and physically. Since its inception, REAL has developed a portfolio that includes training, technical assistance, assessment work, and capacity building for city leaders. This work has connected REAL to leadership in over 400 cities — to leaders who are committed to using an equity lens in the design and delivery of city services and to pursuing equitable access to those services for all residents.
The Present Reality
Our nation’s cities are currently grappling with overlapping crises, not one pandemic but two: the long-standing pandemic of systemic and structural racism and COVID-19. With the virus, data quickly emerged highlighting significantly disproportionate numbers of infection and mortality for Black, Indigenous, and people of color (BIPOC). Heightened awareness of these disproportionalities became a spotlight on racial inequities. When George Floyd was killed while handcuffed and in police custody on May 25, it became a moment of reckoning. COVID-19 is the virus; system failure is the crisis. The confluence of these two pandemics has sharpened the resolve among many city leaders to undertake the hard work of racial equity. NLC REAL is responding to inquiries, helping cities assess their readiness and define their desired outcomes.
The Data
Data on disparities based on race undergird REAL’s approach to our work with cities, including the content and design of our training, assessments, technical assistance, 8
NEW HAMPSHIRE TOWN AND CITY
Ivy Taylor, former mayor of San Antonio, Texas, shares a warm moment with youngsters from her city participating in the My Brother’s Keeper program. San Antonio took action on several fronts to dismantle all forms of racism within its city government and is working to advance equity and justice.
and capacity building. Race is the single greatest predictor of one’s success in this country, and the data consistently bear this out. From infant mortality to life expectancy, race predicts how well one will do. In education, employment, housing, health, and criminal justice, the data for BIPOC are clear and inform the reality. • By July 11, 2020, the Centers for Disease Control and Prevention (CDC) COVID data tracker reported that in the United States 34 percent of cases and 17 percent of the deaths were among Latinx people, who make up 19 percent of the U.S. population; 20 percent of cases and 23 percent of deaths were among Black people, who make up 13 percent of the population; and 37 percent of cases and 50 percent of deaths were among white people, who make up 60 percent of the U.S. population. • In 2017–18, the National Center for Education Statistics reported that average graduation rates for white public high school students (89 percent) were 10 percentage points higher than the average for their Black peers (79 percent). www.nhmunicipal.org
• Pre-COVID, the Economic Policy Institute data showed that “Black unemployment is at least twice as high as white unemployment at the national level.” • Early in 2020, the Urban Institute reported that “the gap between the Black and white homeownership rates in the United States has increased to its highest level in 50 years, from 28.1 percentage points in 2010 to 30.1 percentage points in 2017.” Less than 50 percent of Black individuals own their homes while nearly 75 percent of whites do. • In 2017, the CDC reported that life expectancy for Black individuals is 3.5 years less than for whites. • The Pew Research Center reported in 2017 that the imprisonment rate for Black people in the U.S. was six times the rate for whites. • In 2015, the New York Times re ported, “FBI’s Supplementary Homicide Report showed that 31.8 percent of people shot by the police were African-American, a proportion more than two and a half times the 13.2 percent of African Americans in the general population.”
www.nhmunicipal.org
City of Long Beach Mayor Robert Garcia, center, gathers with youths as part of the My Brother’s Keeper program, which focuses on tackling disparities to improve outcomes for boys and men of color.
Using every measure for individual success in this country, it becomes clear that our BIPOC communities face extraordinary barriers.
City Examples
Nationwide, city leaders and staff are making a concerted effort to address the racial inequities in their communities. For many city leaders, it can be hard to know where to begin the work, or what to model their programs on. With the generous support of the W. K. Kellogg Foundation, NLC REAL compiled profiles of 12 cities that have made a commitment to addressing racial equity in a unique way. By documenting and sharing the strategies of each city, NLC hopes to create a platform that makes it easy for city leaders and staff to learn from each other and
develop strong networks of communication. Four examples are highlighted here. Grand Rapids, Michigan In response to a Michigan Department of Civil Rights report on the economic impacts of racial disparities in the city and Forbes magazine listing Grand Rapids as one of the worst places economically for African Americans in the nation, Grand Rapids developed a citywide effort in 2015 to improve racial equity. Grand Rapids developed its own racial equity toolkit, tailored to local needs, that is used during the budget process and to address racial equity in other city processes and projects, including continuous improvement process
SEPTEMBER/OCTOBER 2021
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RACIAL EQUITY from page 9 planning and improving the future state of services, programs, and economic incentives. Mayor Rosalynn Bliss started Grand Rapids’ racial equity work during her first year in office in 2016. The first two years of the city’s work included a focus on community power building and the development of racial equity tools. The city’s annual Neighborhood Summit elevates residents’ voices and provides meaningful support for community members to understand their own power and build power collectively. The City Manager’s Office is developing accountability measures to build on the city’s racial equity toolkit and embed racial equity as a lens throughout its continuous improvement processes. San Antonio, Texas In 2017, San Antonio, Texas, was ranked as one of the most unequal cities in the country by the Economic Innovation Group. Recognizing the ranking and the history of segregationist policies that led to it, San Antonio’s leaders have made significant strides to reconcile the city’s past with an equitable future for its residents through the San Antonio Office of Equity. Today, the Office of Equity works within city government to dismantle all forms of racism, supporting city departments’ responses to equityrelated community needs during the COVID-19 pandemic. The office also tracks and helps advance the nationwide movement for racial justice by providing technical assistance and training to city departments, using tools including the Equity Rapid Re10
sponse Tool, the Racial Equity Indicators Report, and the Equity Matrix. City leaders took steps to recognize the way neighborhoods have been shaped through exclusionary policies based on race. The Office of Equity is working with city leaders and departments to utilize an Equity Impact Assessment for budget decisions. San Antonio embraced a partnership with SA2020, a nongovernmental organization developed through a community visioning process, which helped the city develop and track metrics to both extend the local government’s capacity and hold it accountable. The use of an Equity Impact Assessment, including historical context, led the mayor and city council to approve a new allocation of street maintenance funds that account for historic inequities while distributing resources equitably among all council districts. Tacoma, Washington For the City of Tacoma, the push toward racial equity demonstrates the power that lies in the hands of concerned residents. Over a year before the city government took public action, community members urged local leaders to analyze the racial disparities in Tacoma’s hiring practices. After examining the lack of adequate representation in both race and gender among city government employees, leaders knew that a change was needed. With community members acting as catalysts, Tacoma has become dedicated to the cause of equity and empowerment for all residents. Tacoma took stock of how important racial equity was to residents when it came to accessing city services and infrastructure. A resounding 71 percent of those polled noted that this issue was important to them. The
NEW HAMPSHIRE TOWN AND CITY
city began developing the Equity and Empowerment Framework, a plan to make equity a consistent guiding principle citywide. The plan also laid out clear goals to guide the city’s work. Tacoma created the Office of Equity and Human Rights to implement the policies laid out in the Equity and Empowerment Framework. The office uses its capacity to provide a platform for community organizations through the Equity and Empowerment Capacity Building Fund. The city uses presentations and training sessions to educate city staff on inequitable policies that have shaped city government. While analyzing how to make Tacoma’s staff more representative of the city’s population, Tacoma developed the Handbook for Recruiting, Hiring & Retention: Applying an Equity Lens to Recruiting, Interviewing, Hiring & Retaining Employees to institutionalize these practices and help educate other groups. Long Beach, California During 2018–19, the City of Long Beach was one of six cities in REAL’s learning cohort in the Kellogg Foundation’s Truth, Racial Healing, and Transformation initiative. Long Beach is committed to creating a community where everyone can thrive. As a city with a majority of people of color, Long Beach was well-positioned to deepen the positive impact of governing for racial equity by building upon existing opportunities and developing a comprehensive racial equity plan. By creating a plan, the city moved toward institutionalizing governance practices that support equitable opportunities and outcomes for all. The plan also helped the city identify opportunities to be more explicit around race. The city has demonstrated its comwww.nhmunicipal.org
mitment to advancing racial equity by: • Creating the Office of Equity and the “Everyone In” Economic Inclusion initiative. • Coordinating projects and investments to revitalize North Long Beach. • Sustaining ongoing work with the Government Alliance on Race and Equity. Communities across the nation protested in the wake of George Floyd’s death.
• Conducting efforts to produce a demographically representative body of leadership and influence within the city. For more about the continuing progress to advance racial equity in Long Beach see Long Beach Launches Office of Equity to Engage, Educate, and Serve.
The Future
NLC REAL will continue to work with cities and city leaders to fulfill its mission and vision. Striving to scale and amplify the work, NLC is collaborating with the network of 49 state municipal leagues to expand its reach. Training, capacity building, and providing support to cities in the development of racial equity plans will be the focus. Acknowledging that no two cities are alike as they undertake this journey and make a commitment to equity, REAL is prepared to tailor its resources and tools to specific needs. To access the resources available to city leaders, visit https://nlc.org/ REAL. For additional information, email REAL@NLC.org. Rita Soler Ossolinski is program director of the Race, Equity And Leadership (REAL) initiative of the National League of Cities and can be reached at ossolinski@nlc.org.
www.nhmunicipal.org
Additional Resources for Cities To strengthen local elected officials’ knowledge and capacity to eliminate racial disparities, heal racial divisions, and build more equitable communities, REAL offers the following resources and reports, available at www.nlc.org/racial-equityresources-and-reports. Municipal Action Guide: Advancing Racial Equity in Your City compiles six immediate steps for improving outcomes for all residents. Municipal Action Guide: Responding to Racial Tension in Your City provides important contextual and tactical information to support your municipality’s efforts to respond effectively. Repository of City Racial Equity Policies and Decisions includes examples of concrete policy and budgetary changes local elected officials have made to prioritize racial equity in their cities and towns. Racial Equity Resolution provides a template and talking points that explain why pursuing equity is good for local government. The City Leader’s Compass to the My Brother’s Keeper Landscape offers resources for city leaders working to respond to the My Brother’s Keeper Community Challenge. This publication highlights a comprehensive set of steps cities can take to tackle disparities, change systems, and improve outcomes for boys and young men of color. Photo Credits: Courtesy of the National League of Cities and the City of San Antonio, Texas (Ivy Taylor and My Brother’s Keeper program participants); Courtesy of the National League of Cities and the City of Long Beach (My Brother’s Keeper program group); Brian Blanco, Getty Images, courtesy of the National League of Cities (George Floyd protest). ©2021 League of California Cities. All rights reserved. This article originally appeared in the November 2020 issue of Western City magazine and is reprinted with permission.
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Town and City Clerks: What Don’t They Do?
F
rom birth to death, and all the car registrations in-between, there are few municipal officials with as much public visibility as the town/city clerk. Their roles are so varied that there is no single place in the statutes to find a comprehensive list of the clerk's duties. Instead, one must go to numerous statutes including the motor vehicle laws, election laws, vital statistics, planning and land use laws, libraries, and the budget law. That means that, in many cities and towns across New Hampshire, the town/city clerk is the face of the community, especially at election time. The public expects the town/city clerk to be the local “information booth,” addressing concerns and answering a variety of questions every day from residents, businesses, visitors, elected officials, co-workers and others. Those questions may range from simple ones that can be answered immediately to the complex “why am I the first one to be asked this” type of question. If a clerk does not know the answer, they know the resources where to find it, including the NHMA. Most clerks are cool-headed, versatile, flexible, detail-oriented, accepting, compassionate, peacemaking, resourceful, diverse, fair, multi-taskers, and above all, have a terrific sense of humor. And, as we know well at NHMA, clerks are always willing to go the extra mile, like coming in early or staying late, to help residents and local businesses with their needs. Heck, we've even had a town clerk officiate a NHMA staff member's wedding. Last year, with the pandemic and challenging local and presidential elections, most clerks were over-whelmed and overworked, stressed and stressed again, and the burnout rate was high. It is more important than ever that we thank our town/ city clerks for their steadfast dedication and service, as well as for what they do every day to make New Hampshire cities and towns run more smoothly. So, from all of us to you, a BIG thank you! Public Records A vital role of the town/city clerk is as keeper of all of the public records. Many statutes require that in order to be effective certain documents, such as ordinances, by-laws, regulations, and warrants must be on file with the town clerk. As a keeper of public records, it is important that clerks are well versed in RSA 91-A, the Right to Know Law, so that records that should be disclosed to the public are made easily accessible to the public, and those that must be kept from public view pursuant to RSA 91-A:5, are not released.
Recordkeeping & Reporting Among other duties, the clerk is also responsible for keeping a chronological record of births, marriages and deaths and report this information to the state. After the annual meeting, the clerk must report to various state agencies and other with specified timeframes. For a detailed list of the clerk’s reporting responsibilities and the applicable due dates, refer to the Important Dates Calendars published annually by NHMA.
Registrations and Licensing Probably the most familiar to the general public is the clerk’s responsibility with regard to registering of motor vehicles, but clerks are also responsible for the licensing of dogs and cats (if the municipality licenses cats). That licensing requirement is a vital reminder to dog owners to avoid replaying the ending of Old Yeller and get their dog a rabies vaccine.
Elections The town/city clerk’s role in the election process is also quite visible to the community. The clerk has too many responsibilities before, during and after municipal elections or town meeting to list here, but suffice it to say that the duties start long before the election and end long after.
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Pandemic Perspectives A day in the life of a town clerk… It is more than people think…it is certainly more than I ex-pected when I took the job. We do so many different things and need to be accountable to so many different people/responsibilities. DMV, Vital Records, Elections, Town Records, Dog Licenses, a friendly and professional face when a resident comes to your window or calls your number…the list goes on. I think the most important role we play as town clerks is as a town resource. Almost like a switchboard from back in the day. Sometimes that means calling another Town Clerk who has had more experience. There are so many who are willing to help, it is amazing. We preserve the past and try to be helpful in the present. So many different people call my office with questions, and they are not always directed at me. They just need information and need some direction on where to find it. As a Town Clerk we might not always have the answer, but with some patience we can usually find it. The ability and interest to make that phone call or reach out to someone else to try and help someone is what sets us above. Especially an older resident, or someone who may not be as savvy with technology. They just want to talk to someone and get an answer, that is our job. We need to know a lot about many things and share our knowledge with our neighbors and residents. It makes the days much more pleasant knowing how valuable we can be to the people when they need us most. All they need to do is ask nicely. Sara Wiggin, Kensington Town Clerk
The Madbury Town Clerk’s office saw a significant increase in online transactions due to the virus in 2020. The ability to pro-cess vehicle renewals, tax payments, and dog licenses from home was a welcome convenience to our residents during this time. For those who needed to physically visit the town hall, the offices remained open for business. Throughout the spring and summer we were able to assist residents through a win-dow located near the front entry. The 2020 state and general elections were run successfully amid the pandemic with no known spreading of the virus in Madbury. Many safety precautions were in place including the use of a new ballot counting machine. Prior to the pandemic, Madbury had always been a hand count town. The decision was made to purchase a state-approved ballot counting ma-chine in an effort to reduce the number of residents needed to count ballots. With our largest voter turnout ever recorded at the November election, we were very thankful to have the ma-chine. Many residents opted to vote absentee and our office worked overtime to ensure those ballots were processed in a timely manner. It is difficult to comprehend why city and town clerks were not acknowledged as essential employees in New Hampshire. Espe-cially in small towns like Madbury, where we never stopped servicing residents and had far more interaction with the public than our emergency personnel peers. Lisa Amarosa, Madbury Town Clerk-Tax Collector
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Pandemic Perspectives Are City/Town Clerks Essential Workers? City and Town Clerks perform many roles - elections, motor vehicle registrations, vital records, dog licensing, and collecting municipal fees just to name a few. The City and Town Clerks’ most important role is elections. City and Town Clerks work with their Moderator and Checklist Supervisors to pull together the elections, including voter registrations. In this process, a City/Town Clerk must keep up to date with all of the legislation that has been passed since the last election. The 2020 elections brought us a weekly Governor’s update of Emergency Orders. Each Emergency Order had to be reviewed and processed as to how it affected what we do. 2020 was quite the busy year with four elections and a pandemic. Planning for the final two elections of the year was incredibly challenging. Most of the city and town halls were closed to walk in traffic and the schools as well. Moderators and Clerks had to figure out how to get together with all the necessary election officials to determine where elections were going to be held in order to be able to meet the spacing and health requirements. The year required out-of-the box thinking to meet requirements like how to place booths six feet apart with limited space. Much of this planning took place behind the scenes, but then there were the challenges that the public experienced as well - long waits on the telephone or long lines in town hall to fill out absentee ballot requests. Town/City Clerks and their staff were on the front lines for all of this. Some City and Town Clerks were receiving more than one hundred calls a day in addition to having to register voters in person. With all of this happening, we were not considered essential. I cannot imagine if one of us just said we are not going to do this and closed up shop. We must process election requirements in the office - it cannot be done at home. Therefore, we must be considered essential workers. Another very important role is in the Vital Record Department. City/Town Clerks are the only ones other than the Secretary of State’s office that can produce a birth certificate, death certificate, marriage certificate or divorce certificate. The need for these documents did not stop because of COVID - if not there was more of a need for many reasons. Vital Records also includes Marriage Licenses. In 2020 there were so many marriages that were canceled due to facilities shutting down or venues requiring much smaller parties. Couples were scrambling on a daily basis to meet the new requirements and changing all their plans along the way. This was a very stressful time for many couples. All of their plans have been changed, nothing is like what they thought it would be, and they are just trying to find a City or Town Clerk to complete a Marriage License for them. At times this was a difficult thing for them to do. These were situations that no one could have ever imagined. Again, the City and Town Clerks needed to be there to meet these couples in person to get the marriage licenses completed. Couples were scrambling calling many town halls trying to get through so they could get an appointment. Then there are towns that have birth facilities in those towns - in those cases, the Town Clerk must see the baby in person in order to complete the birth certificate. During COVID many couples decided to have their babies at home or at one of these facilities. The City/Town Clerk had to be available to make an appointment with the parent for them to bring the baby in to complete the birth certificate, another vital/essential job that must be done. There were some cities and towns that decided not to do vital records which actually created a strain on neighboring towns. This could have been addressed if City and Town Clerks had been considered essential workers. Another role that many Town Clerks have is that of a Municipal Agent. Municipal Agents register all trucks, cars, trailers, boats and any other vehicle that is principally garaged in their city or town. This requirement to keep motor vehicles registered did not go away during COVID. Individuals and companies needed their vehicles registered and renewed. Motor Vehicle registrations are the only way Towns get any substantial revenues other than from property tax. There were essential workers that needed to get to their jobs therefore, needed their vehicles registered. In the larger towns the town clerk must be open for business every day in order to get those vehicles registered or renewed. There is no working from home for City and Town Clerks; they must be in the office.
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Pandemic Perspectives Continued from page 14 All City and Town Clerks also manage the dog registrations in Town. All dogs must be registered to prove they have had their rabies shots. It is a very important task required by the state legislature. It is always a busy day in the Clerk’s Office. It is important to note that the Town Clerk position is the oldest public servant position on record. Town Clerks have played an essential role since 1272 A.D. For so many reasons Town Clerks need to support each other as there are times when there is no one else that is there to support them. City and Town Clerks are required to follow legislation but also need to propose legislation to make their jobs easier. Some changes need to happen and Town Clerks need to be more aggressive with creating these changes, accepting these changes, and making things happen. There are certain activities that are absolutely essential for a society to function. Elections are integral to a functioning government. Vital records are needed to track important events in our citizens’ lives. Registrations are needed to ensure our cities and towns are safe and maintained. With so many of these activities managed by City/Town Clerks, who do not have the ability to process these functions at home, City/Town Clerks must be considered essential. Joan Dargie, Town Clerk, Town of Milford
Not One Day in the Town Clerk’s Office is Ever Exactly the Same Being the primary starting point for questions and directions to anyone who enters or contacts the Municipal Center, the Town Clerk’s office is always very busy. Our office is responsible for recording and management of all the Town’s Vital Records, Meeting Minutes, Dog Licensing and conducting all local, state and national elections as well as voter registration and absentee ballot requests. There are also some other not so regular tasks, like signing off on dredge and fill permits, managing the articles of agreement, and recording pole licenses. Town’s that have a hospital and/or a funeral home in Town will typically see an uptick in birth record requests and death record requests respectfully. While my office is one of the few in the State that does not register Motor Vehicles, we have over 6,000 dogs to license per year. We also have close to 20,000 registered voters which requires a significant amount of time and planning during Presidential Years. This last year in particular required extra help being hired, late nights, and weekend hours. We typically receive around 1,200 absentee ballots and our Town had close to 6,500. It took a great amount of time making sure every single ballot was checked in, sorted, and accounted for on election night, but as clerks, that was our responsibility and our promise to our residents when we took the oath of office. Not one day in the Town Clerk’s office is ever exactly the same. Our office learned this the past year. For a few months we closed our building to the public, but luckily the building engineers had the forward thinking to install a drivethru. We had residents paying their taxes, registering their cars, licensing their dogs, and even getting married all from their cars. When new clerks are elected or appointed, the New Hampshire City and Town Clerk’s Association always tries to provide them with the resources to succeed. We have trainings throughout the year, annual workshops and an annual conference. In addition to those things, clerks can be certified through our Joint Certification program with the New Hampshire Tax Collector’s Association. Once clerks are a little more seasoned and feel like getting involved more, they have the ability to join our Legislative Committee which reviews bills proposed by our State Representatives and State Senators to decide if our association would like to support or oppose them based off of how they will affect our day-to-day jobs and any impact they may have on our residents. Clerks can also join our Executive Board which meets once a month to receive updates from state agencies and oversees all the other Town Clerk committees. The Executive Board has members representing every region in the State and is a source for other clerks to go to for information. Whatever comes our way, we are usually able to adapt and make changes to keep up the efficiency of our offices. I have learned too that other clerks are a great resource. At the end of the day, we all want to help each other and make sure every town in the State is running as smooth as possible so all residents have a similar pleasant experience at their local town clerk’s office. Daniel R. Healey, Town Clerk, Town of Derry
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Pandemic Perspectives Oh goodness,, what a year we have had! Our office in Northumberland went by guidance from our Emergency Services Director, Aaron Gibson during COVID. We closed the building in March and I waited on customers in the parking lot outside of my door until July. I lost 50 pounds from running all day! We opened in July by appointment only and offered drop box, mail, and online payments. We had 4 elections in 2020. Our biggest challenge was safety. We worked very hard to maintain cleanliness and followed guidelines with no issue. We paid the election crew a bit more as a stipend, but certainly not enough. We, as town clerks, were essential workers this whole time and never recognized as such nor did we receive any sort of stipend or hazard pay. Our jobs became a lot harder and longer hours were worked for the same pay. That says something about our dedication! My office has become much safer as a result. People are not required to have an appointment any longer, but some prefer it, so we will keep doing it until no one wants to anymore. I saw many town clerks or deputies retire during the pandemic due to the overwhelmingness of it all. I wish the government would have issued stipends to town clerks and not left it up to the Selectboards to apply or decide. I know that it was deserved so much!! We got it done under the worst circumstances! I feel that another year will be much better, but for now, we are keeping on with what we need to do! I am training a new deputy as we speak. Mine retired. The pandemic and all that went with it got the best of my 20 year deputy and she retired as of June 1. I am so excited for her not to have to deal with this anymore. I am exhausted myself! Melinda "Min" Marshall Kennett, Northumberland Town Clerk/Tax Collector
“Atypical” Day for a Town and City Clerk In 1934, political scientist, Professor William Bennet Munro, published one of the first textbooks on municipal administration. In regard to the Municipal Clerk’s office, he wrote: “No other office in municipal service has so many contracts. It serves the mayor, the city council, the city manager (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together." Therefore, when asked what a typical day looks like for a town or city clerk, do not be surprised to receive a response of, “there is no typical day,” followed by a good-natured laugh or a mischievous smile. Our work is ever changing, as we move from one task to the next. Many of us write to-do lists, with the hope we can accomplish our tasks by the end of the day. However, we are lucky if we can accomplish all those tasks but the end of the week. We wear many hats for our communities, our staff and peers: public relations, information desk, “firefighter” (putting out the figurative fires around us), supervisor, mentor, friend, detective, researcher, therapist, etc. Some of us also hold the office of Tax Collector in addition to our Clerk duties. At the most basic level, a “typical” day in a town or city clerk’s office, likely involves the most common transaction types: motor vehicle registrations, dog licensing, vital records, property tax payments, water & sewer payments, and voter registration. The atypical transactions can run the gamut from 91-A requests; vital records amendments; lengthy motor vehicle transactions; dog licensing civil forfeitures; researching the establishment of a road from 1761; filing wetlands permits; researching items for our City Councils, Selectmen or Alderman; helping other departments with requests for guidance on public meetings; and of course, Elections! (That is a whole other beast to contend with that requires months of planning, coordination and training with local officials, municipal departments, and state agencies.) And that does not cover everything – this list could go on. While it seems like a lot, variety is the spice of life. Even with the hectic days and inevitable stress that can come along with our tasks, I would not want to do anything else. I love being a Clerk. And I truly believe all of my fellow Clerks (including their Deputies and Assistants) would agree, being a Clerk is a very rewarding career. Kristin Kenniston, Lebanon City Clerk/Tax Collector
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Pandemic Perspectives “We Are All In This Together” Sherry Farrell, President, NH City & Town Clerks’ Association We all have the same common goal of representing the best interest of the residents of the great state of New Hampshire. Through our partners at the DMV, Secretary of State – Elections, Agricultural – Animal Licensing, Vital Records – Births/Deaths/Marriages/Divorces. Working together we are able to protect our citizens throughout the course of their lives! We are with them from birth (birth certificates) driver’s license Information and registering cars, registering to vote and voting, marriage licenses and marriage certificates, registering their pets, and holding their hand when death certificates and assistance is needed at the end of life. That’s a Town and City Clerk’s Amazing World … You have to be a multitasker and be able to welcome constant change of plans and interruptions too. You never really know what a day will bring!
Sherry Farrell, Londonderry Town Clerk
The position of town and city clerk is certainly not for the weak of heart. Our position requires heart, intelligence, quick decision-making, perseverance, patience, leadership skills, and often a strong back bone.
Special Message from Sandra Rowe, President Interware Development
Interware Development would like to extend our deep appreciation to town and city clerks for the vital services they perform, their dedication to communities, and for their willingness to adapt with innovative technology. For over 25 years, Interware has been fortunate to have the immensely rewarding experience of working closely with clerks across New Hampshire in their daily work. We are continuously amazed by their passion, resilience, and ability to persevere through challenging times. Clerks play a critical role in transforming government services and providing new ways to serve their citizens, a talent that was particularly exemplified during the COVID-19 pandemic. They quickly adapted to new technologies, transforming their daily operations and responsibilities to better, and more safely, serve their citizens. As clerks make use of drop boxes and credit card payments over the phone, Interware worked closely with them to bring more online services to their communities. Interware was founded with a mission of making government more efficient for all of us. Our passion and commitment to this mission continues to grow with the deep relationships we have formed with our clerks and our immense appreciation for the work they perform. We are truly fortunate to be partners with our local government by creating innovative solutions that aid the daily processes of clerks across the state. We want to take this opportunity to acknowledge and extend our sincere gratitude to the town and city clerks across New Hampshire for their contributions!
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State’s Longest-Serving Town Clerk Retires after 54 Years
O 54 years.
pal “Polly” Bronson, the longestserving municipal clerk in New Hampshire, is calling it a day after
Bronson, who turns 82 in July, tendered her resignation on June 1 to the Board of Selectmen, who appointed Linda Cushman to complete her one-year term, which ends March 9, 2022. Since 1967, Bronson has been elected 54 consecutive times as town clerk, and with one exception has run unopposed. Bronson, who with her late husband Vernard B. “Butch” Bronson, a former K9 officer with the New Hampshire State Police, had four daughters and five grandchildren, said she saw “a lot of stuff ” as town clerk. She said she’ll miss “the people” who she worked with, “but I won’t miss the computer. That’s what did me in,” she said with a laugh. Selectman Norman Brown said long-serving clerks like Bronson had to adjust to doing not only more work, but using a computer to do it and “that’s a huge curve” of learning. Regardless, Bronson excelled at her job, he said. “She’s an awesome public servant. Polly embodies the heart and soul of community service. Her character and personality will be missed,” said Brown. Selectman Mike Meehan said Bronson has consistently been the top vote-getter in municipal elections and that all candidates for office have gauged their popularity based on their vote total compared with hers. He said during a celebration of Bronson on Tuesday evening at the Jefferson Community Center that the selectmen were “shocked” to learn of her departure, but nonetheless “happy for Polly.” Her career began in her family home so as to best accommodate the varied schedules of residents in this rural, farming community. “The people just came,” she said, “It was fun.” Over the years, the number and variety of forms that she had to handle increased dramatically. Using a manual typewriter, she recorded births, deaths and marriages and registered cars, then boats and trailers. She also presided over local, state and federal elections. When a road was built through her family home, Bronson relocated her operations to Town Hall, which earlier this year was struck by a major fire. Meehan said town records “were intact, but not unscathed” by the fire, and that the recovery of them is ongoing and has also led to some surprising finds, which will be made public. Meehan added that the town will also miss Bronson’s institutional memory. And he will miss chatting with her. Bronson said she has no plans to leave town or to take up golf. “I’m not going to go anywhere, I’m happy in my home,” she said. Source: John Koziol, Union Leader Correspondent, posted June 24, 2021; updated June 25, 2021, northcountryn-ews@ unionleader.com
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Go Go Green! Green! Help Digital! Us Go Go Digital! Help Us September/October 2021
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Weare arepleased pleasedtoto continue the print edition toto totodeliver deliver thethe print edition We are pleased tocontinue continueto deliver print edition member subscribers, however, should you find the digimember subscribers, however, should you find to member subscribers, however, should you the finddigithe tal version sufficient and no longer require a print copy, tal version sufficient and no require a printa copy, digital version sufficient andlonger no longer require print please let us know at nhmainfo@nhmunicipal.org. or by please please let us know nhmainfo@nhmunicipal.org. or by copy, letFortier. usatknow at nhmainfo@nhmunicipal. contacting Tim contacting Tim Fortier.Tim Fortier. org. or by contacting Advancing Racial Equity in Local Government ...........................................8 Town and City Clerks: What Do They Do? .................................................12 Legislative Updates to RSA 128: Town Health Officers...........................20 2021 Legislative Update: Be on Your Guard ..............................................22 Remembering Jessie Levine ................................................................... 26
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Legislative Update to RSA 128: Town Health Officers By Sophia Johnson, MPH, Health Officer Specialist, New Hampshire Department of Health and Human Services Health Officer Liaison Program
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uring the past year, the local to respond to environmental threats. It health officer has fulfilled took many months of negotiations to an important role in New get the language right to address the Hampshire’s cities and towns by reneeds of municipalities and the state, sponding to COVID-19 concerns and and in the end, it resulted in HB 79 questions. Often, health officers were that addressed health officer training, on the front lines investigating sanicommunicable disease, and the closure tary conditions and COVID-19 cases. of public pools. Surprisingly, the bill Many took on the role of learning the passed the House and the Senate with executive orders and reopening guidno changes whatsoever. ance, which required them to perform compliance inspections and respond On June 9, 2021, the Governor signed Figure 1 Health Officers play a vital role in to COVID-19 concerns in businesses, HB 79 the bill into law. As a result of ensuring safe and healthy environmental conhousing complexes, schools, commuthe passage of this bill, the following ditions. nity centers, and other public locachanges have been made to RSA 128: tions. Health officers were often the best and only ‘local’ experts for providing best practices and guidance to reduce • Health officers must complete a 3-hour training module the spread of COVID-19 at a community level. within the first year of their appointment (provided free-of-cost by DHHS); New Hampshire’s COVID-19 response has provided many lessons learned on how to best assess threats and manage • Health Officers may receive confidential data related to public health emergencies at the state and local level. As part communicable disease provided they meet certain criteof its response to the COVID-19 pandemic, NH DHHS ria as outlined by RSA 141-C:10 V; identified some areas for improvement and for further collaboration with local health authorities. Some of the gaps • Local Boards of Health shall meet once a year to review identified include the need to improve communication, the state of readiness to respond to local public health clarify local public health readiness, and support for basic issues; training of local health officers. • Local Boards of Health may be requested to provide As a result of these COVID-19 lessons, a number of partinformation to DHHS on the readiness to address relners joined forces with the goal to improve local public evant public health threats at the local level. health. A workgroup convened to propose changes to RSA 128, including representatives from the New Hampshire In response to these legislative changes, the NH DHHS’ Health Officer Association (NHHOA) in partnership RepHealth Officer Liaison program hosted a webinar at the resentative William Marsh (R-Brookfield), NH DHHS, NHHOA’s Spring Workshop as well as a joint webinar with the New Hampshire Municipal Association (NHMA), and NHMA on June 23, 2021. These trainings informed local local health officers. One over-arching goal was to improve health officers and other municipal officials of these recent health officer competency and train health officers to better legislative changes, how to comply with these changes, as understand and apply the laws they enforce. Other goals well as how DHHS plans to implement these statutory reincluded the ability to protect local public health as well as quirements. Toward that end, DHHS has already begun to facilitate the proactive preparedness of local municipalities plan for the 3-hour training requirements, providing access 20
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ments. DHHS’ Health Officer Liaison program continues to stay in communication with municipal health officers through its private listserv as rollout on these changes continues.
Figure 2 Health Officer Responds to Hoarding, 2020
to training courses on confidentiality, and providing guidance to local Boards of Health on how to complete any meeting and reporting require-
Health officers are an important municipal asset that can help towns solve problems and keep the community safe from unsanitary conditions. Health officers receive state support through the DHHS Health Officer Liaison program which is responsible for appointments, training opportunities, and providing technical assistance. The program’s services are intended to increase local health officer’s knowledge, skills, and ability to resolve local environmental health issues. The overall goal is to improve local response capacity and protect citizens while enhancing the skills, knowledge, and capabilities of local
health officers and their deputies. By Sophia Johnson, MPH, Health Officer Specialist, New Hampshire Department of Health and Human Services Health Officer Liaison Program. Sophia graduated with a Masters Degree in Public Health from the University of New Hampshire and has worked as an Environmental Health Specialist with the NH Manchester Health Department performing sanitary inspections and enforcement before joining NH DHHS’ Health Officer Liaison program. She is responsible for managing health officer appointments and training in addition to providing technical assistance. For questions regarding local health officers or RSA 128, please contact Sophia at 603-271-3468 or healthofficer@ dhhs.nh.gov.
Summary of RSA Chapter 128 Under RSA Chapter 128, ‘Relative to Town Health Officers’, each New Hampshire town is required to nominate, support and renew a health officer position every 3 years for the purposes of enforcing public health laws and protecting citizens. Local health officers are responsible for assessing and enforcing sanitary laws to reduce environmental hazards and health effects. The health officer is a valuable local asset to help identify and resolve public health issues like housing conditions, health nuisances, septic failures, unsanitary living conditions, hoarding, and pest infestations before they affect the larger community. The role of the health officer is to ensure that towns maintain sanitary conditions in places where people gather, live, work and learn – with a special focus on rental dwellings, buildings, property, schools, childcare, and foster/adoption homes. The sanitary challenges can range from pest infestations to nuisance odors and noise, to unsanitary living concerns and hoarding. Under state law, your local health officer plays a key role in protecting the health and well-being of New Hampshire communities. Local health officers have a variety of statutory duties and responsibilities to fulfil their role, including the following: • Performing sanitary inspections and inspections into causes of danger to the public health (RSA 128); • Enforcing state public health laws and local codes (RSA 128/ RSA 147); • Adopting local ordinances to regulate the prevention and removal of nuisances and other regulations related to the public health (RSA 147); and, • Educating community members on issues concerning local environmental health and sanitation. Information on RSA 128 and NH DHHS’ Health Officer Program can be found below: RSA 128: http://www.gencourt.state.nh.us/rsa/html/X/128/128-mrg.htm NH DHHS’ Health Officer Program: https://www.dhhs.nh.gov/dphs/holu/index.htm
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2021 Legislative Update: What a Year It Has Been! By Natch Greyes, Municipal Services Counsel
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hat a year it has been. The turnaround from January to June has been quite remarkable, and I don’t just mean with the pandemic. We started out the year with the grim pronouncement that we’d be playing defense for the year, and we weren’t sure how successful we’d be given the difficulties with connecting with lawmakers over Zoom. In advance of the April 7-9 House Session, we took the unusual step of putting together a list of recommendations for voting during the session, focusing on our bills of greatest concern. Internally, we didn’t have that much hope that we’d be too successful, but, as it turns out, we were remarkably successful. Let’s take a look back. HB 83, prohibiting the inclusion in a settlement agreement of a non-disparagement or similar clause, was recommended by the House Judiciary Committee as Ought to Pass, 20-1, despite our objections. While it ultimately passed the House, the Senate killed the bill. HB 111, perhaps the most infamous bill of the session, would subject local officials and municipal employees to lawsuits for discretionary actions that are subjectively determined to violate a statue or constitutional provision, even if the official/employee acted in good faith and reasonably believed the conduct was legal. Although recommended by the House Judiciary Committee as Ought to Pass, 19-2, the House tabled the bill, effectively killing it, in line with our recommendation.
it will be far less impactful to our members than the original HB 544.) HB 206, placing collective bargaining strategy discussions squarely in the public eye, instead of allowing them to occur in private, as current law allows. Despite the House Judiciary’s Committee’s recommendation of Ought to Pass, 11-10, the full House killed the bill, as we recommended. CACR 9, placing a tax cap of 2% on municipal property taxes, with a 1% cap on the disabled and elderly, was recommended as Ought to Pass by the House Municipal and County Government Committee, 10-9, over our objections. The full House killed the bill. HB 67, preventing voters from amended a petitioned warrant article, was recommended as Ought to Pass by the House Municipal House Municipal and County Government Committee, 10-7. Although the House passed the bill, but the Senate agreed with our objections and killed the bill. HB 183, preventing municipalities from regulating children’s lemonade stands, saw many hours of media coverage praying that they’d catch a municipality regulating a lemonade stand. We were constantly aware of it all and were not surprised to find that no examples of municipal regulation of children’s lemonade stands. (We were, however, surprised by our lack of ability to craft Beyonce lyrics into something more referential.) Ultimately, the Senate voted down this bill.
HB 307, prohibiting municipalities from regulating the discharge of firearms even on municipal property, was recommended by the Criminal Justice & Public Safety Committee along party lines (11-9). We recommended voting against the bill. While the bill passed the House, it was re-referred in the Senate.
HB 243, micromanaging how towns prepare their budget using vague and undefined terms, was strongly opposed by us. Despite our opposition, the House Municipal House Municipal and County Government Committee recommended ought-to-pass, 10-9, and the House passed the bill. Fortunately, the Senate rendered it harmless.
HB 544, the original divisive concepts bill, was opposed by a broad coalition, including NHMA. Although this bill was tabled, a watered-down version of the language was placed in HB 2. (We are still awaiting an Attorney General’s Opinion on the meaning of the language, but it seems likely that
HB 266, advancing a politically-charged but misguided idea about the relationship between local law enforcement and immigration enforcement, was recommended Ought to Pass along a party-line vote in the House Municipal House Municipal and County Government Committee, 10-9. In
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accordance with our objection, the House tabled the bill.
would have to be elevated to the legislature. The full House tabled the bill.
Overall, it was a very good year. But HB 374, seeking to undo the 2019 now the days are short, and Cordell improvement to the adoption of the is in the autumn of his years here at SB 2 form of government process by NHMA. And as so many school chilrequiring the vote to adopt SB 2 be dren preparing to return to grammar by ballot rather than on the floor of school, so too will we who remain the town meeting, was strongly ophere. Together we will, for a final posed by us. Nevertheless, the House time, watch the first bills slip into the Municipal House Municipal and capable hands of the legislative staff County Government Committee recin mid-September, followed by a final ommended the bill, 10-9, as Ought burst of furious activity in November to Pass and the House followed the before the white blankets of snow pilerecommendation. Fortunately, the Directoryup ad: alongside bills of municipal interest. Senate killed the bill. HB 439, eliminating a city council’s authority to adopt ordinances that deal will issues pertaining to the “well-being of the city,” was recommended as Ought to Pass by the House Municipal House Municipal and County Government Committee, 10-9. We objected, pointing out the innumerable instances where extremely local issues
In preparation, we are paying close attention to committees meeting to recommend legislation to next year’s session. And, as every fall, we are interested to hear what you – our members – are working on with your local legislators, even as we prepare our own complement of bills to assist you in your efforts to provide good service and good government to your citizens. Natch Greyes 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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No early bird rate. One price for members for all three days: $100.00 If paid electronically: $90.00 One price for affiliate members and state agencies for all three days: $130.00 If paid electronically: $120.00 24
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NHMA’s 80th Annual Conference and Exhibition NHMA’s NHMA’s 80th 80th Annual Annual Conference NHMA’s 80th Annual Conference and and Exhibition Exhibition
November 17-19, 2021 November 17-19, 2021 November 17-19, 2021 Progress Through Partnerships NHMA’s 80th Annual Conference and Exhibition Progress Through Partnerships Progress Through Partnerships November 17-19, 2021 Three Days. Presented “in-person” and “virtually”.
Progress Through Partnerships
Either way, we hope you will join us!and “virtually”. Three Days. Presented “in-person” “virtually”. Three Days. Presented “in-person” and “virtually”. Three Days. Presented andwill “virtually”. Either way,“in-person” we hope hope you you join us! join us! us! Either way, we will join Either way, we hope you will join us!
NHMA plans this annual event months in advance, and while the plans COVIDthis environment in Newmonths Hampshire is fairly so with NHMA annual event in advance, NHMA plans thisthis annual event event monthsmonths in advance, and NHMA plans annual in advance, and stable right now, we do not know what November may bring NHMA plans this annual event months in advance, and uncertainty about the state of the COVID-19 environment while the COVID environment in New Hampshire is fairly while the COVID environment in New is with more contagious variants and the start of Hampshire the flubring sea- members stable right now, doenvironment not know what November may while the COVID in New Hampshire is fairly fairly in the fall, wewe are bringing the conference to our stable right now, we do know what with contagious variants and the day start ofNovember theheld flu season. With this hybridformat—both format, the first will be live may stable right now, we do not not know what November may bring bring in amore new hybrid for safety and convenience. son. With this hybrid format, the first day will be held live with more contagious variants and the start of the flu seaand in-person at the format, DoubleTree byfirst Hilton Downtown Manwith more contagious variants and the start of the flu seaWith this hybrid the day will be held live and inand in-person at the DoubleTree by Hilton Downtown Manson. With this hybrid format, the first day will be held live chester with video streaming of program sessions to chester with video streaming of popular popular program sessions to son. With this hybrid format, the first day willManchester be held live person at the DoubleTree by Hilton Downtown and in-person at the DoubleTree Hilton Downtown Manmembers who chose chose to attend virtually. by Thursday will be aa members who virtually. Thursday will be and in-person at to theattend DoubleTree by Hilton Downtown Manwith video streaming of popular program sessions to full day of virtual/remote streaming of educational sessions chester with video streaming of popular program sessions full day ofwith virtual/remote streamingofofpopular educational sessionssessions to chester video streaming program to members who chose to attend virtually. Thursday will and Friday will be a half-day of remote streaming of educaand Friday will be chose a half-day of remote streaming of educamembers who to attend virtually. tional asof needed. live and in Thursday person or will members who chose toWhether attend virtually. Thursday will be be a a be a sessions full day virtual/remote streaming of educational tional sessions as needed. Whether live and in person or full day of virtual/remote streaming of educational sessions virtually, hope you join us this year! full daywe ofand virtual/remote streaming ofof educational sessions sessions Friday will be a half-day remote streaming virtually, we hope you join us this year! and Friday a of streaming of educaand Friday will will be be a half-day half-day of remote remote streaming of and educaof educational sessions as needed. Whether live in tional sessions as needed. Whether live and in person or tional as needed. andyear! in person or personsessions or virtually, we hopeWhether you joinlive us this virtually, virtually, we we hope hope you you join join us us this this year! year!
Please Join Us!
Please Join Us! Please Join Us! Please Join Us!
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SEPTEMBER/OCTOBER 2021
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Remembering Jessie Levine By Steve Fournier, Town Manager, Newmarket
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t is truly an honor to have this opportunity to write about the amazing life of our colleague and friend to many, Jessie Levine, who passed away on June 26, 2021, from complications of ALS. First, to Jessie, wherever you may be: With all the prolific and distinguished municipal officials in this state, I highly doubt you were expecting this duty to fall to me. I am just as surprised. If you have any issues, take it up with the NHMA staff that asked me to do it. Jessie was born and raised in Hopkinton. She graduated from Dartmouth College and then moved to Jessie surrounded by her municipal colleagues and friends participating in an Ice Boston to work as a paralegal. HowBucket Challenge in 2015. ever, the Granite State was calling her back, and she was appointed as She was a past President of the New Hampshire Municipal the Town Administrator of New London in 2000. Management Association. While she was president, I served as Vice President. As President, she was a no-nonsense Jessie loved her time as the New London Town Administraleader who organized many training opportunities for coltor. She worked with many in the community to achieve leagues and worked with UNH to encourage members of many great things. One of her proudest accomplishments their Public Administration program to enter the profeswas advocating for the construction a roundabout in town. sion. She did such great work that I had to do very little We heard about it many times from her. The New London during my tenure, which aggravated her to no end. I took Select Board dedicated the roundabout in her honor in great pleasure in aggravating her to no end. 2015, and the State of New Hampshire officially named it for her this year. Jessie proudly served on the boards of directors of the Local Government Center and the New Hampshire Municipal After New London, Jessie went on to serve as the assistant Association. She was a 15-year member of the International Town Manager of Hanover and Town Manager of Bedford, City/County Management Association. She was a gradufinally finishing out her career as the County Manager of ate of Leadership NH and a recipient of the Raymond S. Sullivan County. Burton Public Service Award. Many of us, though, know Jessie from her years of advocatMore importantly, to many of us she was a great friend. ing for local government. She loved working with legislaShe would help any of us with an issue we were facing in tors, governing boards, and her fellow municipal managers.
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our communities. She made us laugh, frustrated us by asking questions back, and made us think about things differently. She was always a presence to be counted on at the various conferences across the state and country. I will always remember being at an ICMA conference when Jessie returned from an event, and we could tell something was not right. A few months later, she told us the news that no one wants to hear, she had ALS. Instead of packing it in and letting the disease take over, in true Jessie fashion, she fought on. One of the first things she told us was not to treat her with kid gloves. She made it clear that if we treated her any differently, she would have been quite angry. During the intervening years, I can tell you, her
strong sense of right and wrong— and, more importantly, her sense of humor—carried on. Jessie lived life to the very fullest. When Jessie knew her time was near, she wanted to make sure some of us got to see each other one last time. When a group of us did, it felt like old times having a beverage in an establishment, laughing, and sharing war stories of local government meetings past. While the awful disease did not allow her to participate fully, we could tell she was reliving the stories and laughing with us. I always told Jessie “She was the older sister I never wanted.” We entered the municipal management profession at the same time. She would check in
on me to make sure I was not screwing up, and she would give me unsolicited advice on professional and personal issues. In return, we would tease and play countless pranks on her. It was truly one of my favorite friendships. Jessie, you will be missed—not only as the consummate professional, dedicated to the betterment of local government across this state and the country, but more importantly as a friend to countless people. You showed us that the relationships and personal connections we make throughout our lives are important, and not to forget them. I know how very thankful you were for all the things that were done for you; however, Jessie, thank you for all you did for us!
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UP CLOSE & In the Field
PERSONAL
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elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Robert “Bubba” Ellis, Public Works Director and Road Agent in the Town of Groton.
Editor’s Note: We occasionally receive requests from members asking us to bring special recognition to hard working officials in their town or city. Recently we received such a request from Robert “Bubba” Ellis, the Public Works Director and Road Agent in the Town of Groton: “Sara Smith is our Administrative Assistant for over six years know and has really brought us in to the 21st century, including all the grants she has brought in and dealing and working with FEMA and (Department of Homeland Security) DHS associated with 2017 flooding and 2019 flooding. I really don’t think the towns people realize what a great resource she has become. Thanks Robert [Bubba] Ellis DPW director Groton NH.” I called Sara Smith to see if she might be interested in this profile piece and she immediately asked if Bubba could be recognized too. Sara explained that tackling the flooding challenges brought her close to Bubba and a better understanding of the infrastructure needs of the town. She and Bubba worked long and hard, collaboratively as a team, a dynamic duo of sorts, to secure the necessary funding from federal and state resources to fix the town’s roads and bridges. We love the spirit of teamwork and respect these two have for one another and we are impressed by what two people can do to improve their city or town. These are ordinary people doing extraordinary work!
TC: What are your duties and responsibilities as Public Works Director/Road Agent? BE: As the Public Works Director/Road Agent, I am responsible for planning and organizing all functions of the Highway Department, including all summer and winter maintenance of streets and highways in accordance with goals set forth by the Select Board and consistent with funding allocated in the approved budget. I supervise and direct all department personnel, delegating work to employees as necessary, and handle the evaluations and personnel issues and concerns. TC: What is your biggest challenge in performing your duties? BE: One of the biggest challenges that I am sure all Road Agents are faced with are the budgetary constraints and having enough manpower to complete all projects. TC: How has NHMA helped you to do your job? BE: The classes and materials NHMA provides including, “The Hard Road to Travel” have been a big help and something that I refer to frequently. Also, NHMA is always available to answer any questions the Town may have. TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? Robert “Bubba” Ellis BE: There have been a few storms which caused devastating flooding in the Town which I had to respond to quickly and immediately begin work to repair the damages, with the help of the Town employees and contractors that live in Town. TC: What lessons about human nature have you learned in your role? BE: That sometimes people are just wanting to have someone to listen to them and everyone reacts different when faced with stressful situations. TC: What advice would you give someone who would like to follow in your footsteps into this job? BE: Be prepared to be ready at any time to respond to a situation or call from a resident. This job is really a 24 hour on-call position, so you need to be prepared at all times. TC: Do you dislike any aspects of your job? Which ones? Why? BE: I dislike when people are so irate and ignorant that you cannot have a conversation with them until they calm down. TC: Anything else you would like to discuss about your job? BE: I very much enjoy working with the Townspeople and building relationships with them. I also love working with the people I work with. 28
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UP CLOSE & In the Field
PERSONAL
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elcome to Up Close and Personal – In the Field, a regular column in New
Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Sara Smith, Administrative Assistant in the Town of Groton.
TC: What are your duties and responsibilities as Administrative Assistant? SS: I have been the Administrative Assistant for the Town since August 2014. As the Administrative Assistant I have a wide variety of duties and responsibilities which all involve providing administrative support for all departments and the Town as a whole, assisting the Select Board in coordinating a wide variety of general administrative functions and assisting with the daily operations of the Town as assigned and directed by the Board. I coordinate the daily administrative functions of the Select Board’s office and act as agent for the Select Board. TC: What is your biggest challenge in performing your duties? SS: The biggest challenge in performing the job duties is working in a small town with a small budget. There are many things that need to be done in Town, but the Townspeople vote on the budget and they might not see it as big of a need as it is so they may vote something down that the Town is in dire need of. Also, a lot of people are not open to the idea of change or have been in Town for a longtime, so they prefer things the way they have always been. This is great is some cases but in others can be a challenge to show them why something may be needed.
Sara Smith
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 800.852.3358 ext. 3408 or tfortier@nhmunicipal.org.
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TC: How has NHMA helped you to do your job? SS: NHMA has been extremely helpful by providing many different training opportunities that relate to my job duties. More importantly, they are always willing to help by answering emails or phone calls when we have a situation that we need guidance on. TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? SS: The Town of Groton has been faced with a few storms which led to flooding in Town over the last few years. This added to the already large workload I had being one person doing my job. This added meetings with FEMA and HSEM, A LOT of paperwork to explain the damages caused and money needed to fix the damages, this took a lot of time away from other things I could have been working on. These unexpected events add a lot of stress to the job. The first storm was a learning experience, but I just tried to stay calm, use the resources available to me and do the best I could. Even if each storm gets worse, or the damages are worse, I now know what is expected of me and use my experiences from the past events to help me know how to handle other events and other stressful situations. TC: What lessons about human nature have you learned in your role? SS: I have learned that you never know what someone is going through in their personal life that may cause them to call you or come in extremely upset about something that may not seem like a big deal to you. You have to handle each situation as it arises and really listen to them to understand why they are so upset. Everyone handles things differently. A smile can go a long way and as my Dad who recently passed away always said “Don’t just smile but make someone else smile!” TC: What advice would you give someone who would like to follow in your footsteps into this job? SS: With this job, you never know what you will walk into each day or what you will be faced with. You have to be flexible, change tasks often, know how to prioritize and go with the flow. Be open to new things. DO NOT take the job personal. Be flexible and EMBRACE CHANGE!! SEPTEMBER/OCTOBER 2021
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Tech
Insights By John Hey, Director of Operation, VC3
7 Benefits of a Technology Partnership
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unicipalities, especially smaller municipalities, can often feel left behind with information technology. It’s understandable. With constrained budgets limiting the ability to hire expensive IT professionals, municipalities can struggle to maintain computers, internet connectivity, wi-fi, and email. Because municipal staff are so strapped for time, they often let essentials such as antivirus software, data backup, and cybersecurity best practices go by the wayside—or settling for a “good enough” situation. Yet, municipalities struggle heavily when IT fails them. Old hardware and software, no longer supported by vendors, constantly breaks down. Relentless cyberattacks that you read about in the headlines threaten to topple your municipality any day. Your data backup may fail if an incident occurs, from a server failure to ransomware. If you irregularly use a break-fix vendor that only puts out fires, then answer this question silently to yourself: Are you happy and satisfied with this situation? Probably not. But you may feel that a better IT solution is out of reach. It’s not. Many municipal leagues have crafted programs (such as IT in a Box) to ensure that even smaller municipalities can have proactive IT support, maintenance, and planning. The benefits are like night and day compared to what most municipalities currently use—whether it’s a break-fix vendor or an overwhelmed IT employee. Below, we discuss seven benefits of a technology partnership with a trusted IT vendor experienced with municipalities. 1. It can cost less to hire a trusted IT support vendor than to hire an employee. The price of IT support can be significantly lower than the
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full-time cost of an IT employee (including benefits). Plus, IT talent is difficult to procure, especially if you find yourself far outside of a major metropolitan area. The right IT partner can provide you access to a team of top talent at a lower cost than a salary. That partner will also never get sick or go on vacation. If you already have IT staff on hand, then an IT partner can supplement their work by offloading the day-to-day tactical tasks that consume a lot of time, freeing up your internal IT staff to focus on strategic initiatives and projects. 2. Dedicated IT support teams can maintain, monitor, and support your systems 24/7. Proactive monitoring and maintenance of your systems can seem out of reach when you’re only putting out fires. A dedicated IT support team can maintain your hardware, software, network, and systems while also monitoring them for issues and alerts. By proactively maintaining and monitoring your IT, you uncover issues early and prevent more serious, expensive problems from occurring later down the road. Many municipalities also need support outside of 9-to-5 hours. City council meetings, police departments, or employees working from home may all require IT support at odd hours. A technology partnership with a trusted IT vendor offering a 24/7/365 helpdesk can provide this support without having to pay overtime or rely on an on-call IT employee. 3. An IT partner can keep up on trends, share knowledge, and introduce opportunities. Maybe there is an advance in cybersecurity that will help you fend off cyberattacks. Maybe adding some new features to your website will help benefit residents. Maybe a new software application can help you increase productivity within your municipal operations. An IT partner will give you access to a team who stays up-to-date about the latest trends and technologies, sifting through the noise to see
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what might benefit you. (It’s important to work with a municipal-experienced IT partner so that they are not inundating you with technology ideas and solutions that are impractical.) 4. An IT partner can help you decrease liability. Many IT-related threats relentlessly inundate municipalities including: • Cyberattacks: In particular, ransomware can devastate your city as much or more than a natural disaster. Other cyber threats include malware, viruses, credential theft, and data breaches. If successful, these cyberthreats can have a serious impact on your city or town. • Data loss: Without a reliable, tested data backup solution, your municipality is at risk to perma-
nently lose data on servers, computers, or external hard drives. The permanent loss of data can lead to operational, financial, legal, and public embarrassment repercussions. • Compliance with federal and state laws: Many federal and state laws apply to municipalities including Freedom of Information Acts (FOIA), CJIS compliance for public safety, IRS laws, laws about protecting personnel information, and PCI DSS standards related to payments. An IT slip or oversight can lead to non-compliance. An IT partner can mitigate risks and lessen your liability related to cyberattacks, data loss, and compliance. By implementing cybersecurity best practices, deploying a data backup and disaster recovery solution with periodic
testing, and ensuring you have policies in place to comply with various federal, state, and local laws, an IT partner can help you avoid many of the serious issues and incidents that have the ability to take down a municipality for weeks or months. 5. An IT partner will help you maximize expensive IT investments. In quite a few cases after we’ve assessed a municipality’s IT situation, we have discovered that they avoided using a tech partner for many years because of cost. Yet, we often find the following: • Old hardware that needs constant fixing and upkeep. • Old software that creaks along and barely meets the municipality’s needs.
REPRESENTING MUNICIPALITIES Land Use
Labor & Employment
Environmental Law Administration & Finance Bankruptcy
Assessment, Abatement and Tax Collection
SHAPING THE LEGAL LANDSCAPE OF NEW HAMPSHIRE FOR OVER 100 YEARS Concord 603.224.7791
Hillsborough 603.464.5578
Peterborough 603.924.3864
Portsmouth 603.436.7046
law@uptonhatfield.com | www.uptonhatfield.com
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TECH INSIGHTS from page 31 • ISP or telecom contracts locking municipalities into poor yet expensive service. • Municipalities not taking advantage of free support from existing hardware, software, and technology solutions contracts. • Municipalities paying for redundant, expensive software when they already pay for the same software included within another application (such as Microsoft SharePoint included within Office365). • Overpaying for website hosting, maintenance, and support. An IT partner can assess your current
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situation, look for ways to save money, and streamline your technology assets so that you are maximizing your investments. Newer hardware and software save you money in the long run, renegotiated contracts can lower your costs, and finding uses for applications you already pay for can save you even more money. 6. Vendor management and procurement get taken off your plate. At your municipality, you may dread getting on the phone with a technical vendor. With a lot on your plate and realizing you don’t have deep technical expertise, you do your best. Along the way, you hear a lot of jargon, try to explain the problem as best as you can, and hope the problem gets fixed. Each time, you’re not sure if you’re
NEW HAMPSHIRE TOWN AND CITY
identifying the right problem, explaining it correctly, and providing the right information. If it’s complex, constant calls to the vendor eat up valuable time. An IT partner can handle vendor management for you. They cut to the chase quicker by identifying the right problem, knowing what questions to ask, and making sure the vendor is held accountable as they fix the issue. Plus, an IT partner has dedicated time to stay on top of the vendor until the problem is resolved. This saves a lot of time for you and can even save money, as many hardware and software vendor support contracts often go unenforced. Procurement can also get handled more quickly with an IT partner while also saving you money. Experienced IT support engineers will know how to source the best technology and
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aggressively get government pricing from vendors. 7. An IT partner will help you set strategy and vision. Beyond the proactive day-to-day IT tasks that keep your operations running smoothly, an IT partner can also provide you the equivalent of a Chief Information Officer who can help you with planning and strategy. They can
help take your municipality’s strategic vision and see how technology can help you with it. This may include using technology to help with special projects, improving operations, or enhancing resident services. John Hey is Director of Operations for VC3, a leader in providing managed IT support to its clients (especially the local government sector). At VC3, John provides leadership over daily opera-
tions, strategic leadership, and visioning while driving continuous improvement. Deeply passionate about culture, quality of service, and community leadership, John vigorously pursues VC3’s successful standing in each. John’s specific areas of expertise in business, coupled with technical acumen around business continuity, practical security, and IT infrastructure, make him unique in the marketplace. John is based in Columbia, South Carolina.
Providing Legal Services to New Hampshire Municipalities • • • • • • •
Planning, Zoning and Enforcement Tax Abatement Appeals Ordinance Drafting and Review Employment and Labor Water and Sewer Issues Litigation General Legal Advice
Contact Person: Mark H. Puffer, Esquire Preti Flaherty Beliveau & Pachios, LLP (603) 410-1500 | mpuffer@preti.com
preti.com
57 North Main Street | Concord, NH 03301
Member Highlight: Classified Ads Postings NHMA offers free online job postings at www.nhmunicipal.org. The postings are available to members without a charge and appear on the website for up to 60 days, or less, depending on your schedule. This can include job postings, bid items, 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.
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SEPTEMBER/OCTOBER 2021
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NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS
This segment is another in a series highlighting NHARPC’s efforts to provide education on planning-related topics.
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True or False: Debunking Common Master Plan Myths By Katie Nelson, Principal Planner, Central NH Regional Planning Commission
T
here are many common statements made about master plans, but have you ever wondered what’s true and what isn’t? For example, do master plans really need to be updated every 5 years? Do master plans serve as legal documents? Does my community need a master plan to adopt a zoning ordinance? Whether you’re new to master planning or just interested in learning more, we hope this information is helpful and gives you a better understanding on common myths regarding master plans in New Hampshire.
responsibility of the planning board. The planning board also has the responsibility for promoting interest in and understanding of the community’s master plan.
The following information is not intended to serve as legal advice and should instead be considered practical planning advice.
True or False: Master Plans serve as legal documents. False! The Master Plan itself is not a legal document and it is not required under law.
First, what is a master plan? A master plan is a planning document that serves to guide the overall future character, growth, and development of a community. It describes how, why, where, and at what pace a community desires to improve its built environment, economy, and quality of life. It provides guidance to local officials when they are making decisions on budgets, ordinances, capital improvements, zoning, and subdivision and site plan regulations. In simplest terms, a master plan functions much like a roadmap or a blueprint to the future of the community. The plan does not define what can or cannot happen, but rather, it offers a vision of what could occur and includes steps leading to positive community outcomes. New Hampshire RSA 674 relating to Local Land Use Planning and Regulating Powers outlines the purpose and description, preparation, and the adoption and amendments of a community master plan and outlines its necessity to further planning and regulation. True or False: Master Plans are adopted by the Board of Selectmen (or by Town Meeting). False! Under NH RSA 674, state statutes, the preparation and adoption of the master plan is the
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Although the master plan falls under the jurisdiction of the planning board, gathering input and investment from local community officials, volunteers, residents, and stakeholders throughout the development process can lead to greater community support of the plan and implementation of the master plan’s goals.
However, a master plan provides the legal basis for adopting zoning ordinances and subdivision and site plan review regulations. Innovative land use ordinances cannot be legally adopted nor can certain grants be applied for unless a relatively current master plan is in place. Additionally, when land use appeals are made to Superior Court, the court system relies on the local master plan’s content to make many of its decisions, True or False: Master Plans are required to adopt a zoning ordinance. True! A master plan is required for a community to adopt any zoning ordinance, a historic district, or an agricultural or heritage commission. A master plan is also required for the planning board to adopt subdivision and site plan review regulations or a capital improvements program. True or False: Master Plans need to be updated every 5 years. False! There is no requirement that a master plan be updated with any designated amount of time. State statutes read “Every planning board shall from time to time update and amend the adopted master plan.” www.nhmunicipal.org
Yet, master plans are most effective when they contain current conditions, trends, and challenges. As a long range plan, a master plan usually covers a time period greater than five years. A master plan can be amended and adopted one section at a time or the document can be updated in its entirety. Many planning boards create committees that include non-planning board members to assist with updating the plan. While the plan’s implementation actions to improve the community should be ongoing, revisions to a master plan are recommended every 5 to 10 years. True or False: Master Plans are a one size fits all. False! Master plans are not the same for every community! They can vary in length, layout, and content. According to NH RSA 674:2, a master plan must include two mandatory sections; a vision chapter and a land
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use chapter. A master plan may also contain optional topics, including but not limited to transportation, housing, energy, natural resources, community facilities, utilities, coastal management, natural hazards, regional concerns, and implementation. Vision section – A set of statements documenting the desires of the citizens affected by the master plan. Included shall be a set of guiding principle and priorities to implement that vision. Land use section – Translates the vision into physical development goals. It should note existing demographics and land uses, consider alternative opportunities for future development, and promote the preferred alternative. Layout of today’s master plans can vary from the traditional chapter layout to shorter, graphical designs. Some plans are displayed in landscape, with two
columns using short and direct sections. Plans are also trending towards much shorter length, with some plans totaling less than 50 pages. Optional appendices could be used to display supporting information without cluttering the main body of the master plan. In addition, there is no rule that states that all chapters of the master plan must be prepared and adopted at the same time. Many communities will break out the process into multiple phases, and chapters can also be adopted one at a time. As master plans are generally posted online, there is no driving reason to adopt the entire document at once. Katie Nelson is Principal Planner with the Central NH Regional Planning Commission. She can be reached by phone at 603.226.6020 and via email at knelson@cnhrpc.org.
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The
HR
REPORT
Paid Family Leave in New Hampshire? A Look at the Granite State Paid Family Leave Plan By Patrick Landroche, Esq. Employees generally take “family leave” from their jobs when they need time away to care for a sick family member or to care for a newborn child, and “sick leave” or “medical leave” when they are sick themselves. In New Hampshire, employers are not required to provide employees with paid family or sick leave – employees may be entitled to 12 weeks of job-protected family and medical leave under the federal Family and Medical Leave Act (“FMLA”), but that leave is unpaid. (RSA 189:73 also provides a state-level protected family and medical leave benefit for school district employees that largely mirrors the federal Family and Medical Leave Act). Recently, there has been a push throughout the country for employers to offer paid family and sick leave. Eight states and the District of Columbia now provide paid leave programs. In an effort to get New Hampshire employers to pay employees while they are out on family and/or sick leave, the Governor recently signed into law the “Granite State Paid Family Leave Plan” (“Plan”). The law does not create a traditional paid family and sick leave program under which employers directly fund the cost of the paid leave through payroll. Rather, it provides a mechanism for employers to purchase family and medical leave insurance (“FMLI”) for employees. The Plan is entirely voluntary for all employers, other than the State, and works like any other insurance plan. An insurance carrier selected by the State will offer FMLI to New Hampshire’s employers, including public employers. Employers will then decide whether they want to opt-in to the insurance plan. If they opt-in, they will have the option to fully fund the premium costs on their employees’ behalf, split the premium costs with employees, or offer the insurance only if the employees elect to fully fund the premium costs themselves. When an employee covered by the Plan later needs to be out of work for a qualifying reason, as outlined below, the insurance carrier will pay the employee 60 percent of their wages for up to 6 weeks of leave. 36
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Importantly, the Plan provides employees who work for employers with at least 50 employees with protected leave. In other words, qualifying employees who work for an employer with at least 50 employees are protected from discrimination or retaliation when they take leave permitted under the Plan and are entitled to be restored to their position or a similar position upon return from leave. Similar to leave under the FMLA, the law requires that employers with at least 50 employees who opt-into the Plan provide qualifying employees with continuation of health insurance coverage on the same terms as active employees for the duration of the qualifying leave. For employees to qualify for paid leave under the Plan, they must be out of work for one of these reasons: • The birth of a child of the employee, within the past 12 months; • The placement of a child with the employee for adoption or fostering within the past 12 months; • A serious health condition of a family member; • To care for a spouse, child, or parent who is in the military; or • Have a personal serious health condition that is unrelated to work, if the employer does not offer short-term disability insurance. The law defines “serious health condition” as “any illness covered by the federal family and medical leave act” including treatment for addiction and mental health conditions. The FMLA covers illness, injury, impairment, or physical or mental conditions that involve “inpatient care” or “continuing treatment by a health care provider.” As a result, for employees themselves to qualify for paid leave under the Plan for a “serious health condition,” they must demonstrate that their employer does not offer short-term disability insurance and that they are in inpatient care or require continuing treatment by a health care provider as defined by the FMLA. www.nhmunicipal.org
While the Plan does not specify a tenure requirement (i.e., a minimum number of hours worked or months of employment to be eligible to seek paid leave), the law gives the Commissioner of Administrative Services the ability to implement a tenure requirement and a waiting period. No regulations related to the law have yet been established. Therefore, while much of the Plan appears to align with the federal FMLA, as currently written, it could apply to employees that do not qualify for the FMLA due to lack of actual hours worked or tenure of employment before the need for leave. The law permits employers who opt-in to the Plan to require that employees take paid family leave concurrently other leave, be it contractual, FMLA, or some other policy-based leave. For example, if an employee of an employer that has opted-in to the Plan is entitled to and takes 12 weeks of unpaid FMLA leave, the first 6 weeks of that
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leave would run concurrently with FMLI and, therefore, the employee would receive 60% of their wages for those first 6 weeks (assuming the employee qualifies for paid leave under the Plan). At the end of those 6 weeks, the employee will have exhausted their paid leave under the Plan for the year and will have 6 weeks remaining of unpaid FMLA. Public employers likely have a great deal of time to determine whether they will offer paid leave through the Plan, as the deadline for the to-be selected insurance carrier to start offering insurance is January 1, 2023. Of note, while the law specifies that participating employers will receive a tax credit against the “business enterprise tax,” public employers do not pay that tax, so they will not get a tax credit even if they opt-in to the Plan. Given the complexity of the law aswritten and the need to carefully navi-
gate collective bargaining relationships prior to an opt-in, as well as the expectation that further clarifying rules will be adopted, we recommend employers consult counsel if they have questions about FMLI or before implementing a new paid leave policy consistent with the Plan. Patrick Landroche is a member of Drummond Woodsum’s Labor and Employment Group. His practice focuses on the representation of private and public employers in all aspects of the employeremployee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2021 Drummond Woodsum. These materials may not be reproduced without prior written permission.”
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Legal
Q and A Town Clerks & Their Offices By Natch Greyes, Municipal Services Counsel
O
ne of the most difficult to parse aspects of municipal operations involves the office of the town clerk or town clerk-tax collector. These elected officials often have a statutorily defined “deputy” who works in their office, along with a number of municipal employees. The interaction of various statutes can lead to great confusion about the working relationship between the elected official, deputy, employees, and other boards and bodies in the municipality. This issue’s Legal Q&A will clarify some of those relationships. Q. What is the difference between a town clerk and town clerk-tax collector? A: RSA 41:16 requires that every town elect a town clerk by ballot at every town meeting, but that’s not the end of the story. RSA 41:16-b allows the town meeting to choose to extend the term of office of the town clerk to threeyears. (Or rescind that extension.) In addition, RSA 41:45-a allows the town meeting to choose to combine the positions of town clerk and tax collector. That statute also allows the town meeting to specify whether the term of office shall be one year or three. Q. How are town clerks and town clerk-tax collectors chosen? A: RSA 669:15 (in addition to RSA 41:16) requires the town clerk to be elected, while RSA 669:16 requires the town clerk-tax collector to be elected. Q. What happens if there is a vacancy in the office? A: This is where things get interesting. Town clerks are not required to have a deputy, but town clerk-tax collectors are. Compare RSA 41:18 with 41:45-c. A town clerk may nominate a person to be his/her deputy, with confirmation
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coming from the select board, but there is no requirement to do so. RSA 41:48. In contrast, a town clerk-tax collector “shall” nominate a deputy (with confirmation coming from the select board). In either case, the deputy has the same powers as the principal, and serve for some period of time in the case of a vacancy. With a deputy town clerk, the deputy would serve until the next annual meeting (unless the deputy does not live in the town), at which point a new clerk would be elected to fill the position for the remainder of the term. RSA 669:65. If there is no deputy or the deputy does not live in town, the select board would fill the vacancy, and that person would serve until the next annual meeting. RSA 669:65. In contrast, the deputy town clerk-tax collector serves in the position until such time as the select board fills the vacancy, and the select board must act within 30 days. RSA 669:66. Note, of course, that when the town clerk-tax collector is merely “temporarily incapacitated” the deputy will serve until his/her return. RSA 41:45-c. It may, in some instances, be a challenge to determine whether the principal is merely “temporarily incapacitated” or is vacating the position. Q. What authority do the statutes give the town clerk / town clerk-tax collector over employees in his/her office? A: Well, none really. For the everyday employee (not “deputies”), there is nothing in the statutes regarding the relationship or oversight of employees by the town clerk / town clerk-tax collector unlike, say, provisions in the statutes relating to libraries and library trustees. As a consequence, the default rule applies – the governing body is charged with hiring, firing, management, and oversight of employees, even employees working with or for the town clerk / town clerk-tax collector.
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Q. What about “deputies”? A: Again, this is where things get interesting. RSA 41:45-c provides that the deputy town clerk-tax collector “may be removed at the pleasure of the town clerk-tax collector” and “perform such duties as are assigned to him by the town clerk-tax collector.” In contrast, RSA 41:18 provides that deputy town clerks “shall perform all the duties of the town clerk in case of his or her absence.” Q. How do the different roles for principal, deputy, and regular employee impact their relationship between one another and with other town officials and employees? A: It’s important to keep in mind that there is a difference between elect-
ed officials and employees. Elected officials are not subject to the personnel policy and other rules pertaining to employees. Generally, if they aren’t doing their job or aren’t doing it well, the law assumes that citizens will get fed up and the official will be voted out of office at the end of their term. (There is an exception for malfeasance under RSA 41:12, 41:16c (and for the combined position RSA 41:40), but that’s hard to prove, generally requires purposeful bad acts, and definitely requires a consultation with town counsel.) In addition, it is town meeting – not a personnel policy or governing body – that determines the compensation for town clerks. RSA 41:25. Whatever amount is set by town meeting in lieu of statutory fees is the amount owed. That’s different for employees who are paid based on the hours worked, and accumulate bene-
fits such as vacation time. As an elected official, the town clerk / town clerk-tax collector can take off to the Bahamas whenever he/she wants and for as long as he/she wants, and if the townspeople don’t like it, presumably they will elect someone else at the next meeting. Q. Where does that leave a deputy? A: Perhaps the best way to characterize the title of “deputy” is as a special title. It does not necessarily confer any benefit, as there is nothing in the statutes regarding compensation of a deputy. In most cases, however, the “deputy” title will go to an employee who works at the town clerk / town clerk-tax collector’s office. Those deputies, if employees of the town, still work at the discretion of the select board, although deputies of town
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Are you planning a capital project for 2022? We can assist you with your planning by providing various scenarios based on level debt or level principal payments for different terms. Contact us now for your estimated debt schedules.
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To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs, and current interest rates, please contact Tammy J. St. Gelais, Executive Director, at tstgelais@nhmbb.com. Visit our website at www.nhmbb.org. Lebanon Middle School, Lebanon, NH
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SEPTEMBER/OCTOBER 2021
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LEGAL Q&A from page 39 clerk-tax collectors are subject to the control of the principal. And it is here where town officials should routinely make an effort to come to a consensus about operations within the town clerk / town clerk-tax collector’s office. While employment in that office could be conceptualized in a civil service type model, where staff employees operate within parameters set by the elected head of the office and managed in accordance with a typical civil service platform, realistically, in most towns, the number of employees, if any, is one or two. There is a certain flexibility that needs to be built into such situations in order to maximize the availability of service for the townspeople – which makes for both a happy electorate and is a good indicator of an effective government – and one that accounts for town budgets
and statutory limits on what non-deputy employees can do without authorization of the principal. Q. Any tips for building and maintaining effective practices? A: It is always a good idea to schedule occasional meetings between relevant authorities to explore how they can assist one another in the exercise of their duties. Issues arise during the course of the year and without the opportunity to address them with community partners, these issues can fester and boil over into crisis. As a practical matter, it may make sense to give the town clerk/ town clerk-tax collector managerial authority over employees, like a department head, simply because it might be difficult to manage the office otherwise. The ability of that official to set work hours, for example, might
help alleviate situations where there is a sudden demand upon the office, such as occurs on important due dates – dog license renewals, last day-of-themonth for car registrations, etc. – and provide flexibility that is necessary for the effective delivery of governmental services without necessitating shifting other employees, particularly employees unfamiliar with processes, to that office to assist when a foreseen issue has become a crisis. Good communication between relevant municipal officials about wants and needs, and the ability of government to flex to accommodate those is key to not only providing good service to the public, but also fostering good relationships between officials. Natch Greyes is the Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@nhmunicipal.org.
New Hampshire Town and City Magazine Available on Website At the beginning of each bi-monthly distribution of New Hampshire Town and City magazine (ie: Jan/Feb; Mar/Apr, etc.), NHMA places a digital version on our main webpage at https://www.nhmunicipal.org/town-city-magazine and under Resources & Publications tab (scroll to bottom). As always, we encourage you to share this link with others from your city or town. We are pleased to continue to deliver the print edition to member subscribers, however, should you find the digital version sufficient and no longer require a print copy, please let us know at nhmainfo@nhmunicipal.org.
You may also view current and past issues of Town and City on this digital platform: https://issuu.com/newhampshiremunicipalassociation. Thank you for reading New Hampshire Town and City magazine!
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NEW HAMPSHIRE TOWN AND CITY
www.nhmunicipal.org
Access to Employment Law Attorneys
at NO COST! Drummond Woodsum labor law attorneys are available to provide legal advice on matters including Title VII, Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, employee discipline, sexual harassment, wrongful termination and age, sex and race-based discrimination.
What Can You Expect? Drummond Woodsum attorneys will be available to answer employment-related questions --before you act -- and will make every effort to have every call responded to within 24 hours by an employment lawyer. The Hotline attorneys will let you know if you are facing a potential liability and how to best proceed. Drummond Woodsum
will keep confidential any information which it receives relative to the employment matter. Who Can Call the Hotline?
The Hotline is a service available to only administrators, managers, department heads and elected officials from NHMA city and town members, and only concerning questions regarding employees subordinate to the caller. For example, the Hotline will not respond to inquiries from a department head regarding the authority of a town manager, or from a town manager regarding the authority of elected officials.
Is There a Fee? The Hotline is FREE, available at no charge, to NHMA city and town members, and will provide up to ½ hour of legal advice per employment issue. It is anticipated that most general employment law questions can be answered in less time.
Got an employment issue? Before you act, call 603.623.2500 or email at ehotline@dwmlaw.com.
www.nhmunicipal.org
SEPTEMBER/OCTOBER 2021
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Court
Update
By Stephen C. Buckley, Legal Services Counsel and Natch Greyes, Municipal Services Counsel
Now available online:
June 2021 Select Board Decision Denying Reclassification of a Class VI Road as Class V Vacated and Remanded due to Improper Consideration of the Impact of a Residential Project, William Evans, Trustee v. Town of Pembroke, Housing Appeals Board Case No. BSA-2021-02, 06/30/21
Telecommunica�ons Tax Assessment Eminent Domain
We represent towns and ci�es throughout the state and bring value to our clients through decades of experience and adhering to the budgetary constraints under which municipali�es operate. We emphasize preven�ve and �mely legal counsel to our clients with a view toward avoiding problems that result in li�ga�on.
Special counsel services include: Appellate Water Labor & Employment Growth Control Li�ga�on Land Use & Planning Also available for conict counsel services
U�lity & Infrastructure Police Environmental
OFFICES IN EXETER, PORTSMOUTH, MEREDITH & CONCORD, NEW HAMPSHIRE
WWW.DTCLAWYERS.COM
DONAHUE, TUCKER & CIANDELLA, PLLC E‐mail: info@DTCLawyers.com
Toll Free: (800) 566‐0506 For inquiries please contact Christopher Boldt or Sharon Somers
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www.nhmunicipal.org
2021 2021 Virtual Virtual Land Land Use Use Law Law Conference Conference 9:00 9:00 am am —4:00 —4:00 pm pm Saturday, Saturday, September September 18, 18, 2021 2021 Cost: Cost: $70.00 $70.00 AGENDA AGENDA Introduction to the New OSI Introduction to the New OSI
Michael Klass, Esq. Principal Planner, Office of Planning and Development Michael Klass, Esq. Principal Planner, Office of Planning and Development
An Introduction to the Housing Appeals Board An Introduction to the Housing Appeals Board Gregory E. Michael, Esq. Chair, NH Housing Appeals Board Gregory E. Michael, Esq. Chair, NH Housing Appeals Board
Demystifying NH's Workforce Housing Law: How it Works and Demystifying NH's Workforce Housing Law: How it Works and Examples of its Implementation Examples of its Implementation Andrew A. Dean, Esq., Cooper, Cargill & Chant Andrew A. Dean, Esq., Planning Cooper, Cargill & Chant Mark Fougere, Fougere & Development Mark Fougere, Fougere Planning & Development George Reagan, NH Housing George Reagan, NH Housing
Planning Board Roles and Responsibilities - Part 1 & Part 2 Planning Board Roles and Responsibilities - Part 1 & Part 2 Matt Serge, Esq., Drummond Woodsum; Shawn M. Tanquay, Esq., Drummond Woodsum; and Michael Klass, Matt Serge, Esq., Drummond Woodsum; Shawn M. Tanquay, Drummond Woodsum; and Michael Klass, Esq., Office of Planning andEsq., Development Esq., Office of Planning and Development
Roles and Responsibilities of the ZBA, Part 1 & Part 2 Roles and Responsibilities of the ZBA, Part 1 & Part 2 Chris Boldt, Esq., Donahue, Tucker & Ciandella, PLLC Chris Boldt, Esq., Donahue, Tucker & Ciandella, PLLC
Legal Update, Part 1 & Part 2 Legal Update, Part 1 & Part 2 Ben Frost, Esq., New Hampshire HousinG Ben Frost, Esq., New Hampshire HousinG
Digging into RSA 155-E Digging into RSA 155-E Carol Ogilvie, Professional Planning Consultant and Stephanie Verdile, Principal Planner, Office of Planning and Carol Ogilvie, Professional Planning Consultant and Stephanie Verdile, Principal Planner, Office of Planning and Development Development
Meeting Mechanics of Land Use Boards Meeting Mechanics of Land Use Boards Tim Corwin, Esq., Senior Planner, City of Lebanon Tim Corwin, Esq., Senior City Woodsum of Lebanon Shawn M. Tanguay, Esq.,Planner, Drummond Shawn M. Tanguay, Esq., Drummond Woodsum
Questions? Email NHMAregistrations@nhmunicipal.org Questions? Email NHMAregistrations@nhmunicipal.org Register online at www.nhmunicipal.org under Calendar of Events Register online at www.nhmunicipal.org under Calendar of Events
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SEPTEMBER/OCTOBER 2021
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Mission Mission Square Square (formally (formally ICMA-RC ICMA-RC Mitchell Municipal Mitchell Municipal Group, Group, P.A. P.A.
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WE WE APPRECIATE APPRECIATE YOUR YOUR SUPPORT! SUPPORT! 44
NEW HAMPSHIRE TOWN AND CITY
www.nhmunicipal.org
2021 2021Right-to-Know Right-to-KnowLaw LawVirtual Virtual Workshop Workshopfor forLaw LawEnforcement Enforcement
9:00 9:00a.m. a.m.- -12:00 12:00p.m. p.m. Wednesday, Wednesday,October October20, 20,2021 2021 Join NHMA’s Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will share insights and Join Join NHMA’s NHMA’s Legal Legal Services Services Counsel Counsel Stephen Stephen Buckley Buckley and and Municipal Municipal Services Services Counsel Counsel Natch Natch Greyes Greyes who who will will share share insights insights and and strategies to assist law enforcement agencies in handling governmental record matters arising under the Right-to-Know Law. strategies strategies to to assist assist law law enforcement enforcement agencies agencies in in handling handling governmental governmental record record matters matters arising arising under under thethe Right-to-Know Right-to-Know Law. Law. The disclosure of police records is governed in part by the Right-to-Know Law and in part by rules imported from federal law The The disclosure disclosure of of police police records records is is governed governed in in part part byby thethe Right-to-Know Right-to-Know Law Law and and in in part part byby rules rules imported imported from from federal federal law law under the Freedom of Information Act (FOIA). This workshop will answer many questions about withholding records compiled under under thethe Freedom Freedom of of Information Information Act Act (FOIA). (FOIA). This This workshop workshop will will answer answer many many questions questions about about withholding withholding records records compiled compiled for law enforcement purposes when disclosure would interfere with enforcement proceedings or based on other FOIA factors. forfor law law enforcement enforcement purposes purposes when when disclosure disclosure would would interfere interfere with with enforcement enforcement proceedings proceedings oror based based onon other other FOIA FOIA factors. factors. Attention will also be paid to disclosure exemptions found in other New Hampshire statutes governing Body Worn Cameras, moAttention Attention will will also also bebe paid paid to to disclosure disclosure exemptions exemptions found found in in other other New New Hampshire Hampshire statutes statutes governing governing Body Body Worn Worn Cameras, Cameras, momotor vehicle records, gun licenses, police personnel records, and the retention of police records. Recent New Hampshire Supreme tortor vehicle vehicle records, records, gun gun licenses, licenses, police police personnel personnel records, records, and and thethe retention retention of of police police records. records. Recent Recent New New Hampshire Hampshire Supreme Supreme Court decisions on exemptions for internal personnel practices and personnel records will be addressed in detail. In addition, Court Court decisions decisions onon exemptions exemptions forfor internal internal personnel personnel practices practices and and personnel personnel records records will will bebe addressed addressed in in detail. detail. InIn addition, addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced. guidance guidance will will bebe provided provided onon thethe retention retention of of governmental governmental records records and and how how claims claims under under thethe Right-to-Know Right-to-Know Law Law areare enforced. enforced.
2021 2021Right-to-Know Right-to-KnowLaw Lawand andGovernmental Governmental Records Records&&Public PublicMeetings MeetingsVirtual Virtual Workshop Workshop
9:00 9:00a.m. a.m.- -1:00 1:00p.m. p.m. Thursday, Thursday,October October14, 14,2021 2021 Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will discuss the requirements Join Join Legal Legal Services Services Counsel Counsel Stephen Stephen Buckley Buckley and and Municipal Municipal Services Services Counsel Counsel Natch Natch Greyes Greyes who who will will discuss discuss thethe requirements requirements for holding a public meeting, as well the exceptions to the meeting requirement (the so-called "non-meeting"). attorforfor holding holding a proper proper a proper public public meeting, meeting, as as well well thethe exceptions exceptions to to thethe meeting meeting requirement requirement (the (the so-called so-called "non-meeting"). "non-meeting").The The The attorattorneys will also address managing virtual public access and allowing public body members to participate remotely when their physneys neys will will also also address address managing managing virtual virtual public public access access and and allowing allowing public public body body members members to to participate participate remotely remotely when when their their physphysical attendance is not reasonably practical. will also be directed at meeting minutes and facilitating ical ical attendance attendance is is notnot reasonably reasonably practical. practical.Consideration Consideration Consideration will will also also bebe directed directed at atpreparing preparing preparing meeting meeting minutes minutes and and facilitating facilitating public comment through meeting rules of procedure. public public comment comment through through meeting meeting rules rules of of procedure. procedure. The attorneys will also address statutory changes regarding keeping an inventory of non-public session minutes, exemptions for The The attorneys attorneys will will also also address address statutory statutory changes changes regarding regarding keeping keeping anan inventory inventory of of non-public non-public session session minutes, minutes, exemptions exemptions forfor attorney-client communications, deliberating in non-public session to discuss unsealing minutes, and limiting the nondisclosure of attorney-client attorney-client communications, communications, deliberating deliberating in in non-public non-public session session to to discuss discuss unsealing unsealing minutes, minutes, and and limiting limiting thethe nondisclosure nondisclosure of of minutes related to the sale or acquisition of real or personal property minutes minutes related related to to thethe sale sale oror acquisition acquisition of of real real oror personal personal property property The attorneys will also provide guidance on handling governmental record matters arising under the Right-to-Know Law. HanThe The attorneys attorneys will will also also provide provide guidance guidance onon handling handling governmental governmental record record matters matters arising arising under under thethe Right-to-Know Right-to-Know Law. Law. HanHandling governmental records requests requires an understanding of all aspects of request processing including: the requirements dling dling governmental governmental records records requests requests requires requires anan understanding understanding of of allall aspects aspects of of request request processing processing including: including: thethe requirements requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for forfor availability, availability, storage, storage, electronic electronic records, records, redaction, redaction, cost cost estimates, estimates, mandated mandated access access forfor certain certain records records and and appointments appointments forfor review of records. This virtual workshop will also address what records are exempt from disclosure, along with whether a review review of of records. records. This This virtual virtual workshop workshop will will also also address address what what records records areare exempt exempt from from disclosure, disclosure, along along with with whether whether a record record a record request that would require a for multiple documents must be fulfilled or whether a impermissibly seeks to create a request request that that would would require require a search search a search forfor multiple multiple documents documents must must bebe fulfilled fulfilled oror whether whether a request request a request impermissibly impermissibly seeks seeks to to create create a a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under record record that that does does notnot exist. exist. InIn addition, addition, guidance guidance will will bebe provided provided onon thethe retention retention of of governmental governmental records records and and how how claims claims under under the Right-to-Know Law are enforced. thethe Right-to-Know Right-to-Know Law Law areare enforced. enforced.
Ashley AshleyMethot, Methot,Events EventsCoordinator Coordinator 603.230.3340 603.230.3340 nhmaregistrations@nhmunicipal.org nhmaregistrations@nhmunicipal.org www.nhmunicipal.org www.nhmunicipal.org
www.nhmunicipal.org
SEPTEMBER/OCTOBER 2021
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— This Moment in NHMA History — 17 years ago… Cordell Johnston joined NHMA’s Legal Services and Government Affairs Department in January as Government Affairs Attorney, as the 2004 legislative session began. Cordell came to NHMA with 19 years of experience with the law firm of Orr & Reno, P.A. At the time, Cordell was also a member of the Henniker Planning Board (he would later serve as Henniker selectman and town moderator). Cordell is retiring at the end of 2021 after 17 years of exemplary service to NHMA and its members. Municipal officials became increasingly concerned about the availability and quality of groundwater in their communities. Approximately 60% of the state’s population depends on groundwater as its primary sources of water and the other 40% rely on surface water, which comes in part from groundwater. The drought of 2001-2002 played no small role in raising municipal awareness about our dependence on groundwater. Heritage commissions emerged at the local level due to state enabling legislation giving cities and towns a menu, not a mandate, for establishing, administering and maintaining a local heritage commission. Heritage commissions do for cultural resources what conservation commissions do for natural resources.
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According to Wikipedia, this New Hampshire town was first settled by members of the Leavitt family of Hampton, led by Captain John Leavitt, a soldier whose father, Moses, was a prosperous Hampton tavern keeper. From them, the settlement took the name, Leavitt’s Town. In 1749, the land was granted by Governor Benning Wentworth and he renamed it for the Howard family, who were related to the Wentworths by marriage. The town was incorporation in 1778. What New Hampshire town are we talking about?
NAME
THAT
TOWN
When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the November/December 2021 issue.
OR
CITY
? ? 46
ANSWER TO PHOTO IN THE JULY/AUGUST ISSUE: The photo on page 47 in the last issue of New Hampshire Town and City magazine is that of the town hall in the Town of Sandwich. Thanks to: Marshall A. Buttrick (Greenville); Vicki Gohl (Walpole); and Bill Herman (Auburn) who all responded with the correct answer. It must be summertime in New Hampshire! We appreciate you playing along with us!
NEW HAMPSHIRE TOWN AND CITY
www.nhmunicipal.org
Wednesday, September 22, 2021 9:00 a.m. – 12:30 p.m.
$55 A significant timber removal operation is proposed and the road agent is concerned about damage to the adjacent town road, what can the Select Board do? How does the Select Board approve the use of our Class VI Roads by OHRV’s and Snowmobiles? Under what circumstances can the town agree to plow or maintain a Class VI or Private Road? Join NHMA Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes for the answers to these questions --- and many more! This virtual workshop will delve into the details of how weight limits are established, seasonal and otherwise, and the implications for proposed
hauling routes for timber removal operations. The attorneys will discuss the designation and management of Class VI roads, including how and when building permits can be issued under RSA 674:41, granting permission for use of Class VI roads by OHRV's and snowmobiles, and allowing abutting property owners to undertake private repairs. This virtual workshop will also cover management of local highway construction, repair and maintenance through the office of an elected or appointed road agent or expert agent. The attorneys will also provide a review of the local regulation of highways by the select board including, parking, street numbers, street names, weight limits, mailbox location, as well as driveway regulation by the planning board. 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. 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 603-230-3350 or nhmaregistrations@nhmunicipal.org
www.nhmunicipal.org
SEPTEMBER/OCTOBER 2021
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Investing in Water & Wastewater Infrastructure for Long-Term Benefits for New Hampshire 12:00 noon – 1:00 pm Tuesday, September, 28 2021 Through the American Rescue Plan Act of 2021 (ARPA), the State of New Hampshire has allocated the Department of Environmental Services (NHDES) $50 million to put towards drinking water and clean water projects. NHDES is anticipating being allocated additional ARPA funding but the amount and timing is unknown right now. That plus a significant increase in the availability of funds for the Drinking Water and Clean Water State Revolving Fund programs expected through the Federal Infrastructure Investment and Jobs Act will afford communities signifiNHMA will be hosting two complimentary cant opportunities to invest in water and wastewater infrawebinars in September and October for structure that will have long-term benefits.
Upcoming Webinars
members of the New Hampshire Municipal Join Erin Holmes, the NHDES ARPA Coordinator and Association. Drinking Water and Groundwater Trust Fund Administra-
tor, who will review the review the various drinking and clean water programs and funding opportunities so that municipal officials can best leverage this funding for necessary investments into improving local water infrastructure.
A Look at the New Housing Appeals Board 12:00 noon – 1:00 pm Wednesday, October 13 , 2021
For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 603.224.7447 or email NHMAregistrations@nhmunicipal.org. 48
NEW HAMPSHIRE TOWN AND CITY
The Housing Appeal Board was established by the legislature during the 2020 session and consists of three full-time board members appointed by the New Hampshire Supreme Court, who are deemed "learned and experienced in questions of land use." The Housing Appeals Board hears appeals from local land use board decisions involving “questions of housing and housing development.” Join NHMA’s Municipal Services Counsel, Stephen C. Buckley, who will review the jurisdiction and procedures of the HAB by detailing the key elements of the governing statutes, RSA chapter 679, and the currently applicable administrative rules. A discussion will also be provided on recent decisions by the HAB involving the Town of Francestown and the Town of Pembroke. www.nhmunicipal.org
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