New Hampshire Town and City Magazine, March-April 2023

Beyond investing

The New Hampshire Public Deposit Investment Pool (NH PDIP) has provided public entities with investment options since 1993. NH PDIP focuses on safety, liquidity, and a competitive yield in order to meet the distinct needs of cities, towns, school districts, and other political subdivisions.

nhpdip.com

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

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March/April 2023

New Hampshire Towns Pioneer Foam Recycling

Legislative Update: Cross Over

Informal, Familiar Spaces: A Place for the Work of Equity and Inclusion

Choosing Civility: The Twenty-Five Rules of Considerate Conduct

It’s Mud Season Again: Weight Restrictions on Local Roads

2022 Annual Report

Cover: Photo credit to Tim Fortier, NHMA’s Communications Coordinator. Barrington was incorporated in 1722 and celebrated its tricentennial in 2022. Barrington’s new town hall was opened in October 2022.

Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org

New Hampshire Municipal Association Phone: 800.852.3358 (members only)

NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301.

NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested.

© Copyright 2023 New Hampshire Municipal Association

New Hampshire Municipal Association BOARD OF DIRECTORS

Candace Bouchard - Vice Chair City Councilor, Concord

Laura BuonoImmediate Past Chair Town Administrator, Hillsborough

David Caron Town Administrator, Derry

Shelagh Connelly Conservation Commission, Holderness

Phil D’Avanza Planning Board, Goffstown

Stephen Fournier Town Manager, Newmarket

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

David Stack Town Manager, Bow

Lisa Drabik - Treasurer Human Resources Director, Manchester

Neil Irvine Town Administrator, New Hampton

Patrick Long Alderman, Manchester

Cheryl Lindner - Treasurer Treasury Management Officer, Nashua

Conner MacIver Town Administrator, Barrington

Judie Milner City Manager, Franklin

Jim MaggioreImmediate Past Vice Chair Select Board Member, North Hampton

Dale Girard Mayor, Claremont

April Hibberd Select Board Member, Bethlehem

Jim Michaud Chief Assessor, Hudson

Dennis Shanahan Deputy Mayor, Dover

Holly Larsen Finance Director/Tax Collector, Berlin

Joanne Haight Select Board Chair, Sandwich

Donna Mombourquette Select Board Chair, New Boston

Jeanie Forrester - Secretary Select Board Member, Meredith

Joseph R. Devine Assistant Town Manager, Salem

Shaun Mulholland City Manager, Lebanon

NHMA

Executive Director

M.L.Byrnes

In this issue of Town & City, we have included our 2022 Annual Report. Last year was another great year of serving our members, and we hope that members will take the time to review the report to get a sense for what NHMA is doing for you—and whether your municipality is taking full advantage of your membership services. If you want a more detailed explanation of your membership benefits, please check out our webinar from December 2022, describing NHMA’s full array of services—you can find the recording on our website in the webinar archive.

From unusual warmth to record-setting freezes atop Mt. Washington, 2023 is off to an inauspicious start. The majority of our members are in the midst of town meeting season. NHMA has just completed its annual Moderators Workshops, and we’re preparing for a new Local Officials Workshop series—and new edition of Knowing the Territory!

Here in Concord, we’re also in the midst of the legislative session. At the time this edition goes to print, we will be getting closer to the date of “crossover,” a term that refers to the deadline each for chamber to act on a bill in order for it to cross over to the other chamber (March 30 for the Senate and April 6 for the House). This is an important but often misunderstood term. Only the bills that are recommended as Ought to Pass (or Ought to pass with Amendment) will “crossover” to the other chamber for a new public hearing. Because of this, there will be fewer hearings on bills than there were in the first half of the session. Because everything that crosses over will get another hearing in the other chamber, it is another opportunity for local officials to testify, submit written testimony, and speak to their legislators on important legislation.

But fewer public hearings does not mean less going on! By the time you are reading this, House Finance and its three divisions will be hard at work reviewing the governor's proposed budget and preparing for the arrival of HB 1 (the proposed state budget) and HB 2 (the budget "trailer bill)," which contains the policy changes and details that go along with the budget. It’s also important to note that some of the bills tabled before crossover may show up as an amendment to HB 2 and will not have a second hearing in the other chamber. And once the House passes HB 1 and HB 2, the Senate will engage in the same process as the House. Confused? Don’t worry about it! That’s what NHMA is for. Follow the legislative session by subscribing to our Legislative Bulletin and our live bill tracker for more information—or shoot us an email at govermentaffairs@nhmunicipal.org

HAPPENINGS

And the winner is….

There can only be one winner, which is really too bad, since we have such a fun and consistent group of NewsLink subscribers (actually trivia experts) who responded to most every trivia question posed in NewsLink this year. We sincerely appreciate you playing along with us this year, but again, there can only be one winner. So we have randomly chosen among all NewsLink trivia winners the following grand prize winner.

And the grand prize 2022 NewsLink Trivia Winner is....

Andrew L. Hadik, Town Planner, Town of Chester

Congratulations, Andrew. As the grand prize winner, you receive a gift of no particular value whatsoever. Bragging rights, maybe. Thanks for playing along with us this year!

Smith Receives ICMA Designation

Charles F. Smith, MPA, Town Administrator of Moultonborough, recently received the Credentialed Manager designation from ICMA, the International City/County Management Association. Smith is one of over 1,300 local government management professionals currently credentialed through the ICMA Voluntary Credentialing Program.

ICMA’s mission is to advance professional local government through leadership, management, innovation, and ethics and by increasing the proficiency of appointed chief administrative officers, assistant administrators, and other employees who serve local governments and regional entities around the world.

To receive the prestigious ICMA credential, a member must have significant experience as a senior management executive in local government; have earned a degree, preferably in public administration or a related field; and demonstrated a commitment to high standards of integrity and to lifelong learning and professional development. Smith is qualified by having over seven years of professional local government executive experience. Prior to his appointment in 2021 as town administrator of Moultonborough, he served as the town administrator of Sanbornton, and town manager in Ashland.

For more information regarding the ICMA Voluntary Credentialing Program, contact Jenese Jackson at ICMA, 777 North Capitol Street, N.E., #500, Washington, D.C. 20002-4201; jjackson@icma.org; 202-962-3556.

SOURCE: https://www.laconiadailysun.com/community/announcements/charles-f-smith-mpa-credentialed-by-international-localgovernment-management-organization/article_a9a1a280-9d9b-11ed-bf01-ef453d6eb246.html

HAPPENINGS

Legal Resources Now Available!

The New Hampshire Law Library is participating in a new pilot project that provides the public with free remote access to Westlaw, an extensive online data base for legal reference materials that is widely used by attorneys to research state and federal laws, regulations and court cases.

The project is part of an ongoing commitment by the Law Library and the state court system to improve access to justice, especially for persons who cannot afford a lawyer or simply want to represent themselves in court.  Westlaw offers a wide range of online resources that can help them prepare their case including previous court decisions that relate to their claim, find laws and statutes that might apply to their case, as well as newspaper and magazine articles, public records, law journals, law reviews, and legal forms.

The one year pilot project is funded with $37,500 in existing reserves in the Law Library Revolving Fund.  That Fund is supported by fees on out-of-state lawyers seeking temporary admission to appear in individual cases. The pilot project will be monitored by the Judicial Branch and assessed for effectiveness.

There are now two ways for users to access Westlaw for free.

Unlimited use of Westlaw, for free, is available at public libraries in Derry, Portsmouth and Littleton, or in person at the NH Law Library in Concord, located at the Supreme Court Building in Concord. Library staff are available at all four sites to assist patrons in using the research tools available through Westlaw,

For those who are unable to visit one of the four libraries, remote access to Westlaw is available through a link on the Law Library.  Users are required to complete a OnePass registration and validate their email address before accessing the online content. Research sessions time out after 90 minutes and there are limitations on the number of free downloads.

For more information about these free legal resources, please visit:  https://www.courts.nh.gov/news-and-media/free-remoteaccess-legal-resources-now-available.

Need Help Finding Grant Programs?

If you are just entering the realm of grants and government funding, it can feel overwhelming trying to find the right program for you or your organization. When considering grants, these programs can be broadly categorized as those awarded by the federal government and those awarded by non-federal entities. Within these two categories are a variety of funding sources and program types.

https://www.grants.gov/learn-grants/grants-programs.html

The U.S. Department of Transportation (USDOT) recently announced a historic $800 million in grant awards for 510 local road safety projects through the new Safe Streets and Roads for All (SS4A) Grant Program, a record amount of funding to improve roads and address traffic fatalities. The best news is that this is the first of likely 5 rounds of funding to release the full $5 billion going to local and regional governments for making their roads, sidewalks and intersections safer. The next round of awards will be open in April. The sign-up form is simple and open to all.

We encourage members to share news from your city or town by sending information for the New Hampshire Town and City magazine to NHMA at nhmainfo@nhmunicipal. org. Email us a 250 word description of your notable news (project/initiative/award/individual honor) and include an image if possible. Whether it a news item, feature, or column, your ideas help drive this publication. If you’d like to send something in, please reach out to Editor Tim Fortier at 603.226.1305 or via email at tfortier@nhmunicipal.org.

Local Road Safety Grants Announced - 4 New Hampshire Projects to Receive $850,000

Upcoming Events

MARCH

How to Stay Out of the Principal’s Office Webinar

12:00 noon – 1:00 pm

Wednesday, March 1

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.

APRIL

Succeeding at Tax Deeding Webinar

12:00 noon – 1:00 pm

Wednesday, April 5

2023 Local Officials Hybrid Workshop

2023 Regional Legislative Preview - Keene

6:00 pm – 8:00 pm

3 Washington Street, Keene

Wednesday, March 1

Cybersecurity for Government Leaders Webinar

12:00 noon – 1:00 pm

Wednesday, March 15

NHMA Board of Director’s Meeting

9:30 am – 12:00 pm

Friday, March 17

Transportation Safety Webinar

12:00 noon – 1:00 pm

Wednesday, March 29

9:00 am – 4:00 pm

Thursday, April 6

Getting to Know CBP’s Office of Field Operations Webinar

12:00 noon – 1:00 pm

Tuesday, April 11

Right-to-Know Workshop on Public Meetings and Government Records Hybrid Workshop

9:00 am – 1:00 pm

Wednesday, April 19

Cost: $65 (in-person) and $55 (virtual)

Value of Card Based Payments Webinar

12:00 noon – 1:00 pm

Thursday, April 20

NHMA Board of Director’s Meeting

9:30 am – 12:00 pm

Friday, April 21

New Hampshire Towns Pioneer Foam Recycling

By Meghan Theriault, Gilford DPW Director and Cindy Heath, Foam Recycling Action Group

Towns and cities throughout New Hampshire that operate landfills, recycling facilities, and transfer stations are always seeking ways to divert waste, avoid pollution of our air, soil, and water, save money on disposal costs, and generate revenue for their operations. Successful strategies include separating plastics, reducing contamination of recyclables through consumer education, and recycling unusual items such as batteries, mattresses, flexible film plastic, and construction and demolition debris, all aimed at reducing and diverting waste. It is critical that we join together with our peers and like-minded professionals to think outside the box and find new ways to be innovative and successful in our recycling efforts.

A new recycling stream is now available to communities for a type of plastic not typically recycled in curbside bin pick up programs or recycling facilities - #6 expanded polystyrene packaging (EPS) and #6 polystyrene food service foam (PS), both commonly known as Styrofoam. In partnership with past Rotary District Governors and participating communities, the Gilford Solid Waste Center is now accepting #6 foam for proper collection and recycling. The program is open to the public through an approved NH DES permit, and Gilford has already welcomed several towns who are hosting community collections and delivering foam for processing including Lebanon, Cornish, Harrisville, Alexandria, Plymouth, Sandwich, Tamworth, and Hanover, with many more expressing interests in the program.

Cornish and Lebanon volunteers hosted the first foam collection pilots in 2021. Phil Bush of Sustainable Lebanon, a nonprofit environmental advocacy group, notes that a partnership with the Lebanon Rotary Club has brought together a strong volunteer group for the collections. “The community has responded enthusiastically. We’ve had an average of 250 people from 30 towns participating, bringing very high volumes of foam along with generous financial contributions that cover the cost of transportation to the Gilford densifier facility.”

During the pandemic, EPS foam packaging production increased to support the safe delivery of COVID vaccines around the world. Food service foam for take-out use increased as well, and foam packaging is still used to protect office furniture, appliances, heat pumps, and electronics during shipping. While new packaging and take out alternatives are rapidly being developed, such as reusable, refillable, compostable, and plant-based packaging which avoids the chemicals used in making plastics, foam packaging is still widely in use, and can be recycled. A few states have passed food service foam bans, but most of the laws don’t address rigid foam packaging.

The Foam Recycling Program aims to reduce foam waste in landfills, save money on trash disposal, generate revenue through recycling, and reduce plastic pollution in our communities. This program works as a “Hub and Spoke” concept where outlying communities (spoke sites) collect foam via organized events, collection containers, or super sack bags. These events and/or containers can be managed by Rotary Clubs, local transfer stations, volunteer groups, and town committees focused on sustainability, waste reduction or recycling. The foam material collected can be brought to the Gilford Solid Waste Center hub for densification. Communities are encouraged to reach out to local groups to see if they have an interest in working together on this effort.

Scott Weden, Plymouth Town Manager notes, “The Town of Plymouth supports this very important endeavor as it could reduce waste in our community. I have met with the Plymouth Rotary Club looking at ways to promote and

include our recycling center in this program of which they are very supportive.”

The Rotary Clubs play a crucial role in taking this program to the next level. According to Former District Governor John Bob Siemeinowicz of Milford, “Since Rotary International has adopted the Environment as its seventh area of focus, this is a perfect opportunity to show that we all are people of action, both Rotarians and other concerned members of New Hampshire communities.” Through this program, participating Rotary Clubs would promote the program to their local audience, collect foam from residents and businesses in their communities, transport the foam back to Gilford, and provide possible funding efforts for the purchase of a permanent small collection unit. “Our Rotary Club is excited about being a part of this environmental effort and is so appreciative of Meghan’s leadership in moving this recycling program forward. We are looking forward to hosting our first collection effort here in Plymouth this spring, ” says Mike Carrier, Plymouth Rotary Club President Elect and former District Governor.

The Gilford Department of Public Works (DPW) is spearheading the information sharing about this initiative by speaking at numerous meetings and conferences and sharing public informational flyers with NH towns. “You made a presentation to our club last fall on this program and we were greatly impressed. Polystyrene is slow to degrade, and if disposed of improperly, the foam can leach chemicals into the environment, potentially harming our valuable ground and surface waters. The Lakes Region Rotary Club fully supports this endeavor and is in-

terested in getting more involved in the program,” says Pat Tarpey, Lakes Region Rotary.

The steps to hosting a foam collection in your community are easy:

1. Determine the partners who will be involved - Rotary, town/city officials, committees, volunteers

2. Identify the collection site - it should have clean and dry storage if necessary

3. Determine the method of transportation; covered trailer, rented UHAUL or volunteer vehicles

4. Call Gilford DPW to request poly bags and set up a delivery date

5. Set the date for the collection and promote through local channelsRain or Shine!

6. Recruit volunteers, assign roles –greeters, traffic flow, inspection, packing

7. Prepare public information handout on how to reduce foam use

8. Transport foam to Gilford Recycling Center

9. Celebrate your success!

Another option for communities is to ask their local Department of Public Works and Transfer Stations to purchase several super sack bags and col-

Ten Towns Toolkit

A companion effort by the NH Network Plastics Working Group Ten Towns Ten Actions campaign to educate consumers, communities, and institutions on the value of replacing single use plastics with reusables and refusing or reducing all types of plastic at the point of purchase is taking place in more than 40 communities around the state. Members of the Plastics Working Group created an information packet to educate consumers on foam waste reduction, which is available along with other resources on the Ten Towns Ten Actions website. https:// www.10towns.org/home. These statewide plastic waste reduction efforts include:

• Community clean-ups and waste audits

• Engagement with students and schools interested in plastic waste issues

• Convening of regional groups to scale plastic waste and reduction efforts

• Recycling of plastic film and polystyrene foam

• Film screenings regarding plastic pollution and microplastics

• Partnerships with libraries and recycling centers on consumer education programs

• Public education sessions in partnership with recycling, environmental, and public health professionals

• Piloting reusable take out containers and utensils with interested restaurants

The Harrisville Ten Towns, Ten Actions team has been working on several initiatives, including foam collections, says Mary Armstrong, one of the leaders. “The town of Harrisville is very excited to participate directly with the Gilford Solid Waste Center for this endeavor. We have created a ‘Hall of Foam’ to collect it before we transport it in April.”

The U.S. Plastics Pact, a consortium founded by The Recycling Partnership and the World Wildlife Fund and part of the Ellen MacArthur Foundation’s global Plastics Pact network, connects public-private stakeholders across the country to rethink the way plastics are designed, used, and reused by businesses, government, and other institutions. They have created a Reuse & Refill Sustainable Packaging Award that highlights reusable trash bags, reusable take out containers, and reusable packaging solutions, all focused on reducing single use plastic waste. Recycling is a necessary companion effort to these important initiatives, because polystyrene products and other petroleum based plastics are non-biodegradable and produce hundreds of thousands of tons of waste each year, often ending up in oceans, lakes, and rivers, and mistaken by wildlife for food.

FOAM RECYCLING from page 9

lect directly from residents onsite and then transport as needed to Gilford. The Town of Alexandria has been collecting foam for just two months now and is getting great participation from their residents. Steve Lacasse, Transfer Station Supervisor, reported collecting 10 cubic yards in just 8 weeks. “For a small municipality such as Alexandria to pull the equivalent of a 40-yard container out of our annual waste stream numbers and out of our landfills, to me is huge!!” The Alexandria Board of Selectman agreed saying, “We are excited to have an option for the disposal of foam. We have begun to pull the material from our compactor to participate in this program. This has resulted in a decrease in the amount of material put into our compactor and an opportunity to increase the amount of materials we recycle”.

LRPC is working with Gilford DPW to acquire grant funding to pay for the remaining balance of the Gilford densifier unit patented by Foam Cycle LLC. This unit is key to preparing foam for processing and transport to a vendor who can reuse the densified foam (ingots) to make new products such as insulation, molding,

and picture frames with a high level of recycled content. Gilford received a $50,000 grant from the Foam Recycling Coalition last summer toward the purchase of a Foam Cycle densifier system. With a goal of expanding the program regionally to other communities, Sustainable Lebanon and the Plymouth and Gilford Rotary Clubs have purchased large reusable poly bags that can be loaned out to communities for foam collection events.

DPW Director Meghan Theriault is already seeing a cost savings for Gilford in annual hauling costs by diverting space-wasting foam from the disposal system. Gilford has been collecting an average of 50 CY of foam/month which is equivalent to 7.5 40-yard containers in just six months’ time. Removal of this foam has reduced the number of MSW hauls and increased the weight of each haul by close to 2 tons. Gilford saw a cost savings of $2,500 in hauling fees in 2022 from recycling foam and anticipates a savings of over $6,000 in 2023. “The Town of Gilford is extremely honored to become the first hub for foam recycling in New Hampshire. We are seeing immediate cost savings for our solid waste operation and encourage other towns and cities to try recycling foam on a trial basis so they can see the same financial and environmental benefits. It has been exciting to see the growing interest and support from other communities and clubs as word continues to spread about this program.” The future success of the program truly lies in the collaboration of environmentally conscious people and groups who see the importance of diverting waste and increasing recycling that will bring this program to the next level.

If you have questions on the Foam Recycling Program or are ready to set up a spring collection event, please contact Meghan Theriault at Gilford DPW via DPWDirector@gilfordnh.org.

inseparably associated

Legislative Update: Cross Over

By Natch Greyes, Governmental Affairs Counsel

By the time that you read this legislative update, we’ll have had the opportunity to weigh in on all 400-orso bills that we began tracking in January and it’ll be (almost) time for “cross over.” Cross over is the period when the House sends over any House bills to the Senate that it passed, and vice versa. Typically, this means that conversations about the important policy topics of the year and, this year, the state budget start heating up.

NHMA has been pleasantly surprised this year by how closely legislators have been working with each other, us, and all of you. We were a bit concerned that the closely divided House would cause even more tension than we saw last session, but a long summer and fall spent meeting new people seems to have inspired everyone to work even harder toward bipartisan solutions to the big issues facing our state.

As we wrote about previously, NHMA has launched a new feature on our website: a  live bill tracker. This tracker, run by the software platform FastDemocracy, enables visitors to see what bills NHMA is following and allows visitors to subscribe to daily or weekly (published Fridays) updates on either all the bills that we’re tracking or specific bill topics. (We have organized the bills into topics based on our member-adopted Legislative Policies and Principles.) We know from the flurry of conversations that we’ve had in the hallways of the legislature and over the phone with many of you that this change is a welcome one and has helped spur conversations with legislators both in Concord and at home. The change ushered in by the bill tracker has allowed us to slim down the Bulletin, focusing on a couple of big issues each week rather than provide updates on procedural movements on a panoply of bills. This has driven member engagement and helped build coalitions around important issues to help ensure that municipalities voices are heard at the legislature.

We also want to thank our members and legislators who attended our legislative update circuit this year. We especially want to thank the host communities for allowing us to hold events at your wonderful municipal buildings. The feedback that we received from everyone who attended was universally positive, and we’ve already heard of some local coalition

building to help advance local priorities at the state house. We’ll be looking forward to continuing our grassroots efforts on that front.

As far as specific legislation goes, it’s still too early to tell what will happen with the state budget. We are hearing, however, that legislators are interested in finding funding for water and wastewater infrastructure and paying down the unfunded accrued liability in the state retirement system. Public water and wastewater infrastructure will be critical to allowing municipalities to decrease minimum lot sizes, increasing the ability of developers to build housing, as well as dealing with environmental factors, such as water availability and contaminates, such as PFAS. Additionally, currently, 75% of the employer costs for payments into the retirement system go toward the unfunded accrued liability. State funds for either would decrease the amount of money that must be raised locally, decreasing costs for taxpayers. It is no wonder, then, that legislators are looking for ways to enhance the partnership between the state and municipalities on these particular issues.

Looking to the months ahead, NHMA will continue to advocate for building upon the solid foundation of the statelocal partnership to deal with the complex issues that are impacting our members and the citizens they serve. We look forward to continuing to enhance the relationships between our members and the legislature through additional outreach efforts, including additional training and educational opportunities, and building upon existing relationships to strengthen New Hampshire cities and towns and enhance their ability to serve the public.

We look forward to working with you on those pieces of legislation that have passed to the “other side of the wall” and will be considered by the other body in the legislature in the weeks ahead. We are always eager to hear your perspectives and to have you join us in Concord for committee hearings. Please feel free to reach out to the government affairs team at any time if we can assist you in any way.

Natch Greyes is the Government Affairs Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at governmentaffairs@nhmunicipal.org.

Carrying Your Message to Concord

Carrying Your Message to Concord

Keeping your legislators informed on the needs of New Hampshire’s cities and towns and seeing that the New Hampshire Legislature meets those needs is up to you.

Keeping your legislators informed on the needs of New Hampshire’s cities and towns and seeing that the New Hampshire Legislature meets those needs is up to you.

When you get involved in the legislative process and share your expertise and experience with legislators, your municipality and all cities and towns have a stronger voice. No one knows your city or town better than you do. And, no one can do a better job of telling your elected representative what works and what does not work for your community than you can.

When you get involved in the legislative process and share your expertise and experience with legislators, your municipality and all cities and towns have a stronger voice. No one knows your city or town better than you do. And, no one can do a better job of telling your elected representative what works and what does not work for your community than you can.

There are several methods for local officials to advocate issues before their legislators. The more personal and direct the method, the greater the influence.

There are several methods for local officials to advocate issues before their legislators. The more personal and direct the method, the greater the influence.

Top Tips for Legislative Session

Top Tips for Legislative Session

Develop a positive working relationship with your legislator

Develop a positive working relationship with your legislator

• Regularly meet with your legislators to update them on key legislative issues

• Regularly meet with your legislators to update them on key legislative issues

• Invite legislators to board or council meetings and explain your issues and what your city or town faces

• Invite legislators to board or council meetings and explain your issues and what your city or town faces

Have a Specific Agenda

Have a Specific Agenda

• Know what action you would like your legislator to take

• Know what action you would like your legislator to take

• Present your case firmly, supported by specific examples

• Present your case firmly, supported by specific examples

A new legislative session started on January 4, 2023. As always, we will need all NHMA members to be engaged in the legislative process to help the Association be as successful as possible.

A new legislative session started on January 4, 2023. As always, we will need all NHMA members to be engaged in the legislative process to help the Association be as successful as possible.

This year we are going to rely on our new software platform called FastDemocracy to communicate important information happening at the Capital and relay call-to-actions that we will need immediate member response to.

This year we are going to rely on our new software platform called FastDemocracy to communicate important information happening at the Capital and relay call-to-actions that we will need immediate member response to.

The 168th session of the New Hampshire General Court begins in January.

• Connect your community to the issue

• Connect your community to the issue

The 168th session of the New Hampshire General Court begins in January.

• Be responsive and provide information quickly, if asked

• Be responsive and provide information quickly, if asked

Say “Thank You”

Say “Thank You”

Help your municipality plan an active and consistent role in NHMA’s efforts by participating in the 2023 Legislative Webinar Series and Final Update.

• Follow up with a thank you letter summarizing the areas of agreement and/or disagreement

• Follow up with a thank you letter summarizing the areas of agreement and/or disagreement

Help your municipality plan an active and consistent role in NHMA’s efforts by participating in the 2023 Legislative Webinar Series and Final Update.

Keep NHMA Informed!

Keep NHMA Informed!

• Always send copies of your correspondence to and from legislators with NHMA. Staff can work more effectively with your legislators when we know what you’ve said and received in return.

• Always send copies of your correspondence to and from legislators with NHMA. Staff can work more effectively with your legislators when we know what you’ve said and received in return.

Sign up for a Free Account with FastDemocracy!

Sign up for a Free Account with FastDemocracy!

Our hope is that this new approach will enable our members to get information about what’s happening in Concord faster and enable them to take action sooner by providing you with a more comprehensive view of what’s happening than we’ve ever been able to provide previously. Even though these big changes are occurring, we’re also still relying on the tried-and-true methods that we’ve used since the inception of NHMA in 1941. There’s no digital substitute for an in-person conversation, and that’s why we’re still going to be calling for you to come to Concord and testify and why we’re working hard to facilitate better connections between you and your legislators.

Our hope is that this new approach will enable our members to get information about what’s happening in Concord faster and enable them to take action sooner by providing you with a more comprehensive view of what’s happening than we’ve ever been able to provide previously. Even though these big changes are occurring, we’re also still relying on the tried-and-true methods that we’ve used since the inception of NHMA in 1941. There’s no digital substitute for an in-person conversation, and that’s why we’re still going to be calling for you to come to Concord and testify and why we’re working hard to facilitate better connections between you and your legislators.

Sign up today at https://www.nhmunicipal.org/all-bills.

Sign up today at https://www.nhmunicipal.org/all-bills.

Informal, Familiar Spaces: A Place for the Work of Equity and Inclusion

By Candice M. Williams, DEI Consultant

We are at an unprecedented moment in American history, in what feels like a series of unprecedented moments. Over the past decade, an increasingly partisan public forum has struggled to facilitate discussion or to gain consensus in our policy responses to challenges before our community. Questions about the integrity of our voting processes, the science underscoring public health policy, and the strength and nature of threats to our democracy have highlighted the danger posed by our inability to deliberate in good faith. Changes in how people access, process, and discuss information have also transformed the dynamics of public learning and deliberation. Unlike our more traditional civic communes, increasingly popular forms of online engagement are often anonymous, less likely to be local in nature, or foster the relationships necessary for empathy and understanding despite differences. While we should not abandon these online channels of communication, the creation of hospitable communities requires an understanding of how they impact our ability to come together and develop inclusive and responsive policies and practices.

To engage an increasingly diverse public and consumers, many companies, civic organizations, educational institutions, and local governments have developed trainings and workshops designed to inform our community response to matters of equity and inclusion. However, while these trainings and workshops are important for communicating institutional policies, public learning and deliberation are significantly benefitted from the ongoing discussion of issues of equity and inclusion in informal, familiar spaces among peers.

Informal, Familiar Spaces

Trainings and workshops are good forums in which to communicate institutional policy and practices; however, I would argue they are significantly less effective at facilitating meaningful discussions, in which a plurality of viewpoints are engaged, than informal, familiar spaces, which can facilitate work that is essential to the long-term success of equity and inclusion efforts.

Lower-risk learning environments – Education theory suggests that greater learning happens in lower-risk environments.1 Unlike a workplace, participants in informal, familiar spaces perceive less risk in being honest about their current beliefs or asking questions that may challenge or appear at odds with equity and inclusion policies and practices. Discussions in which participants can be honest about their current perspectives, intellectually challenged where appropriate, with low risk for ridicule or embarrassment, are crucial for deep thinking and self-reflection.

Voluntary participation – The voluntary nature of informal, familiar spaces also supports deeper engagement with issues of equity and inclusion. Participation in these spaces is entirely by consent, which can be withdrawn at any time without fear of institutional economic reprisal or employer retaliation. Framing discussions about equity and inclusion in terms of voluntary participation is also important to developing long-term buy-in and community ownership and support for equity and inclusion efforts.

Vulnerability – Unlike larger, institutionally organized forums, informal, familiar spaces offer participants the opportunity to be vulnerable and to discuss the personal experiences and emotions that often accompany equity and inclusion work. Research has shown that our most steadfast beliefs and opinions are buttressed by personal experiences and strong emotions.2 Informal, familiar spaces create a safer opportunity for participants to engage their reasoning and the personal experiences and emotions that underscore their perspectives.

Shared governance – Because informal, familiar spaces tend to be selectively voluntary, participants in these spaces participate in the shared governance of the space, creating the rules and conditions for participation and behavior. Space governing conditions, such as confidentiality, can lower the risk for participants who may be concerned about longterm social ridicule or exposure, were their comments to be shared without appropriate context.

Shared interests – Having shared interests or an alternate basis for interaction beyond discussions of equity and inclusion can be helpful to discussions of equity and inclusion in a number of ways. First, it can help to support discussion by serving as a natural, temporary transition away from a discussion that may have become emotionally charged. Shared interests also serve as a conversation primer, creating a point for initial participant entry into the discussion. They may also serve as transitions into discussions about equity and inclusion, further reducing the bar to discussion participation by beginning with shared knowledge.

Production and reproduction of culture, attitudes, and norms – Society is not principally produced through visible, institutional policies but through social policies, practices, and behaviors that shape culture, attitudes, norms, and beliefs. It is not possible

for us as a society to fully legislate the changes necessary to have equitable and inclusive communities. This work principally happens in informal, familiar spaces. Therefore, it is essential that we approach these spaces with intention, as spaces where the ongoing work of equity and inclusion must be performed.

Among social peers – Informal, familiar spaces are also stronger sites for the work of equity and inclusion when they bring together social peers. Social peerage, which I use here to differentiate from someone who might be a colleague or financial peer, assumes some commonality in lived experiences or social identity.

Similar backgrounds or similar life experiences – For members of marginalized groups as well as members of dominant identity groups, spaces comprising social peers perceptually lower

the risk for misunderstandings based on social identity. As visible social identities often serve as filters through which language and behavior are read, having participants who come from similar backgrounds or with similar life experiences can reduce the miscommunication risk associated with this social reading. Additionally, a group of social peers may reduce the need for participants to narrate aspects of their lived experience as a result of shared group knowledge or experience.

Authority of knowledge – We tend to question the knowledge and authority of those who are dissimilar to ourselves, and this tendency is magnified when it comes to issues of equity and inclusion, where community organizers or organizational leaders may often be members of marginalized groups. Informal, familiar discussion spaces are likely to reduce this social tendency to undermine speaker knowledge.

EQUITY & INCLUSION from page 15

Zero-sum mentality – One of the biggest challenges to equity and inclusion work is the “zero-sum” mentality which suggests that greater equity and inclusion “trade-off” with the well-being of others.3 Attempts to address the zero-sum mentality are likely to be more successful among social peers who are perceived as having as much to “lose” or as much “at stake” in equity and inclusion discussions.

One might assume that my championing of informal, familiar spaces as significant sites for the work of equity and inclusion is predicated on a conversational participant that is opposed to equity and inclusion policies and practices. While this forum for discussion would be helpful to an individual holding such views, I would argue that it is of equal importance for those who align themselves with prevailing equity and inclusion practices to ensure they are also engaging in rigorous reflection of their perspectives and views that is attentive to the historical and systemic ways in which social and legal institutions have codified norms and behaviors, shaping the understanding, life experiences, and beliefs of many of our community members.

It is not in the long-term interest of equity and inclusion to expect the viewpoints of community members to

change overnight, and a more nuanced understanding of why some community members hold the perspective they do is necessary for the long-term success of this work, particularly as it relates to public policy development and community governance. Oversimplifying the perspective of others or immediately assuming that a difference of perspective is rooted in hate, apathy, or indifference to the well-being of others should rarely be the starting point. For all the reasons I have previously stated, I believe that informal, familiar spaces might best support this ongoing learning and reflection as well.

What this means:

Allies are important – If we acknowledge the potential for equity and inclusion work in informal, familiar spaces, then we also must acknowledge the importance of allies. Informal, familiar spaces, by their very nature, are usually not accessible to all. It is important that we recognize the need to have allies in those spaces who are empowered to do the work of equity and inclusion.

Bravery in informal, familiar spaces should not be underappreciated – A willingness to instigate or participate in discussions of equity and inclusion in informal, familiar spaces should not go underappreciated. As much as it may serve to facilitate discussion, the lack of public scrutiny means

there are rarely consequences for not speaking up or not participating. Even in informal, familiar spaces, among social peers, there is social and emotional labor associated with the work of equity and inclusion. It is not labor everyone is willing or has the capacity to perform, and we should appreciate those who do it.

Candice M. Williams is the former Program Director of Equity and Inclusion for the National Civic League and a private diversity, equity, and inclusion consultant. This article originally appeared in Winter 2023 Edition of the National Civic League’s quarterly journal, the National Civic Review.

References

1. Kallevig, K. A. (2015). Perceptions of Failure in Education: Changing the Fear of Failure Through Gamification [Master’s thesis, Minnesota State University, Mankato]. Cornerstone: A Collection of Scholarly and Creative Works for Minnesota State University, Mankato. https://cornerstone. lib.mnsu.edu/etds/404

2. Rocklage, M. D., & Luttrell, A. (2021). Attitudes Based on Feelings: Fixed or Fleeting? Psychological Science, 32(3), 364–380. https://doi. org/10.1177/0956797620965532

3. National Civic League. (2022, February 8). The National Day of Racial Healing’s call for action: Trading the ‘racial zero-sum’ for the ‘solidarity dividend’. National Civic League. Retrieved December 16, 2022, from https://www.nationalcivicleague.org/ the-national-day-of-racial-healings-call-foraction-trading-the-racial-zero-sum-for-thesolidarity-dividend/.

C ERTIFIED PUBLIC A CCOUNTANTS

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“Experience Counts”

Did you know that when the United States signed the Freedom of Information Act into law in 1966, it was the third country in the world to do that?

Sunshine Week is in the week of March 16 to coincide with the National Freedom of Information Day, which occurs on the same day. This year, it takes place from March 12 to 18.

Sunshine Week raises awareness of the importance of open government and promotes dialogue on the impact of excessive official secrecy. Public discussions on open government with participants, including nonprofits, schools, civic groups, and media organizations.

The Freedom of Information Act is a legal instrument that offers citizens and journalists access to information and documents controlled by the United States government, furthering government transparency. The idea of such an act dates back to 1952, when John Moss of Sacramento, California, was elected to Congress. It was during the Cold War when the government was secretive. Moss began campaigning for openness in governance when he was denied access to information he needed to investigate employees’ sacking cases. The government claimed they dismissed the individuals for being communists.

In 1955, Moss became the chairman of a congressional subcommittee on government information. Using his new post, Moss held hearings on government transparency and investigated cases of government withholding information. He tried to bring the Freedom of Information Act to Congress but had no support from anyone in his party, the Republicans. However, he had a massive support base among editors, journalists, educators, and scientists. A decade later, Moss finally found a co-sponsor in the person of Donald Rumsfeld, a young representative from Chicago, Illinois. That was during President Lyndon B. Johnson’s regime, who was also in direct opposition to the bill. In 1966, the FOIA successfully passed in the Senate and the House.

On July 4, 1966, President Lyndon B. Johnson signed the FOIA into law without a public event. Still, he released a signing statement that did say, “I sign this measure with a deep sense of pride that the United States is an open society.”

Source: www.Nationaltoday.com; a website dedicated to keeping track of holidays and special moments on the cultural calendar. Copyright by National Today.

Twenty-five years ago, PM Forni wrote a magical, self-help book titled, Choosing Civility: The Twenty-five Rules of Considerate Conduct. In the book, Forni defines civility as the art of cultivating respectful relationships with the purpose of being good community members. He posits that life is better when we are thoughtful and respectful with each other. Forni treats kindness and consideration in relationships as art forms that can be learned, taught, and perfected.

Here are the 25 rules:

1 – Pay Attention

Only after we notice the world, can we begin to care for it.

2 – Acknowledge Others

Say hello to everyone. Avoid treating anyone as invisible.

3 – Think the Best

Most people are doing the best that they can in the circumstances they’re in.

4 – Listen

You have two ears and one mouth so that you listen twice as much as you speak.

5 – Be Inclusive

Push past your boundaries; expand your experiences.

6 – Speak Kindly

Kind words are never, ever wasted.

7 – Don’t Speak Ill

When you speak unkindly about people, it says more about you than others.

8 – Accept and Give Praise

Give praise and receive praise; both matter.

9

– Respect Even a Subtle “No”

Honor other people’s boundaries.

10

– Respect Others’ Opinions

Honor other people’s opinions, especially in the midst of a disagreement.

11 – Mind Your Body

Appearing our best should be the goal.

12 – Be Agreeable

Look for opportunities to agree. Don’t contradict just to do so.

13 – Keep it Down

Noise is pervasive and frustrating.

14

– Respect Other People’s Time

Arriving on time is a basic rule of considerate behavior.

15

– Respect Other People’s Space

Respect that personal space is important.

16

– Apologize Earnestly

Be sincere and repair damaged relationships.

17 – Assert Yourself

Learn to say no when you need to say no.

18 – Avoid Personal Questions

People are entitled to their privacy.

24

– Respect the Environment and Be Gentle to Animals

25

– Don’t Shift Responsibility and Blame

Remember that this book was written many years ago so if you do read it, you will find that it contains some beliefs that worked a quarter century ago that may not be entirely relevant today. Although, the core 25 principles are still remarkably useful and meaningful.

Source:

The Municipality, January 2023, Maureen Murphy, President of the League of Wisconsin Municipalities.

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.

Seasonally Appropriate Notice It’s Mud Season Again: Weight Restrictions on Local Roads

By Stephen C. Buckley, Legal Services Counsel

Q. Do local officials have the authority to set vehicle weight limits for local roads?

A.  Since local officials have a statutory duty to maintain all Class V roads on a year round basis,  RSA 231:190 and :191 allows them to take special steps to protect the roads from damage by imposing limits on the weight of vehicles that use the road. The limits may be permanent or temporary. Local roads, meaning Class IV, V and VI highways, are especially vulnerable to damage in the spring. If there is a problem with a bridge or other structure, the limits may be permanent. If the problem relates to the spring thaw, the restriction is usually temporary.

Q. Why does most of the risk of damage occur in the spring?

A. It’s all about water and the freeze-thaw cycle. If a road is paved, and there is any crack in the surface, a water/sand/ salt mixture will seep into the road base. The salt will cause this area to freeze at a lower temperature than the surrounding area, allowing more water to seep in. When the area eventually freezes, it heaves the pavement as much as four inches over a 10-foot distance in a process called “tenting.” The uneven surface causes more cracks, and the process continues until the pavement is destroyed. On an unpaved road, the surface thaws while the subsurface stays frozen. Water can no longer drain away, and the surface becomes saturated, turning into mud. The mud cannot support the weight of a vehicle, allowing the wheels to sink until they hit the firm frozen layer, creating ruts as the vehicle moves forward. The ruts freeze overnight, and the process continues until the surface becomes impassable. The heavier the vehicle, the greater the potential for damage. Once the weather warms, the frost leaves all layers of the road, the water drains away, and both types of roads return to their ability to support heavy loads. The summer maintenance program must then deal with the damage caused during this vulnerable time.

Q. Since this happens every year, why aren’t all roads built to handle the drainage, and minimize the damage?

A. Because that would require every road to be built like an interstate highway, and we simply can’t afford the cost. Many of our local roads came into existence when horses were the primary means of transportation, and the base layers were not built to withstand the weights of modern vehicles. Adding layer after layer of pavement does not solve the problem, because the base still can’t take the load. Research shows that implementation of a spring restriction program will increase the life of pavement by 10 percent. If pavement is scheduled to last 30 years, that adds three years to the life of the road.

Q. How do local officials implement the maximum weight limit statute to protect local roads?

A. RSA 231:191 allows the governing body, in consultation with the highway agent, to establish and post maximum weight limits when needed to prevent “unreasonable damage or extraordinary municipal maintenance expense” on a Class IV, V or VI highway. Signs must be placed so that drivers of restricted vehicles will know of the restriction before entering the affected road. The restriction can be placed on any local public road. Depending upon the conditions, the restriction might deal only with the heaviest vehicles, such as tractor trailer units, but it could apply down to the passenger car or truck. Thus, even a Class VI road where the municipality has no duty for maintenance, and which is ordinarily passable only by a four-wheel drive vehicle or an ATV, may be restricted to prevent any vehicle from doing additional damage.

Q. What steps must the governing body take to adopt enforceable road weight limits?

A. When the governing body votes to establish a weight limit

(whether year-round or seasonal), the written minutes of the meeting should reflect testimony from the road agent or highway engineer that the limit was necessary “to prevent unreasonable damage or extraordinary municipal maintenance expense.” Municipalities typically lift the restrictions once the weather of “mud season” has passed, but extended closure may be justified. If a road has been seriously damaged, there may be a real need to keep the restriction in place until repairs can be completed.

Q. Once the weight limits are adopted what else is required?

A. The weight limit must be posted legibly and conspicuously at all entrances from other highways using “weather resistant materials.” RSA 231:191, II. The names of those officials legally authorized to grant ex-

emptions from the weight limit (that is, select boards, highway agents, or street com-missioners) must be posted in the town or city hall. Exemptions must be granted “in an expeditious manner.” RSA 231:191, III.

Q. Can we require a bond for the cost of road repair as a condition of granting an exemption?

A municipality may condition an exemption upon bonding and restoration of the highway if damage occurs. The weight limit statute does not discuss allowable bonding requirements further, but guidance may be found in RSA 236:10, under which municipalities are authorized to require a bond as part of permission under RSA 236:9 for any person to disturb the traveled way, ditches, or other areas of a highway. Such bonds may be imposed to provide for the satisfactory restoration

of the highway but must “be equitably and reasonably applied to other bonded vehicles using the highway.” The type of commodity being transported cannot be the determining factor when requiring a bond or the dollar amount of the bond. The municipality may also impose other reasonable conditions. For example, an oil delivery truck could be required to use the road prior to 10:00 a.m., when it is more likely that the surface is still somewhat frozen from the overnight drop in temperature, or deliveries could be based on a weather forecast when the temperatures are as low as possible.

Q. Are there any exceptions to the restrictions that need to be allowed?

A. Yes.  RSA 231:191 permits landowners and commercial enterprises which use the road to be granted an

MUD SEASON from page 21

exception if they show that “practical difficulty or unnecessary hardship” will result from the weight limit. The exception granted may be subject to conditions, and the user may be required to post a bond for the cost of restoring the road. RSA 236:3-a excludes heating fuel trucks, trucks delivering processed milk products, trucks carrying sap for maple syrup production and septic pumper trucks from seasonal weight limits. RSA 266:19-a exempts firefighting equipment from the restrictions. RSA 266:21 exempts winter maintenance equipment that is owned, leased or rented by the state or any political subdivision of the state. RSA 266:21-a exempts damaged, disabled, or abandoned vehicles being towed by a tow truck for a reasonable distance to the nearest safe haven off the highway. RSA 266:24 exempts “implements of husbandry” (farm equipment) from the restrictions.

Q. What if the restrictions cause special impacts to a business, such as restricting shipments and deliveries to a warehouse, or preventing a logging company from removing forest products from a parcel of land?

A. RSA 231:191, VII requires the governing body to hold a hearing within 15 days from receipt of a request from an “impacted business.” If the hearing is not held, the weight restriction cannot be enforced. The statute provides little guidance for the governing body who receives such a request. Presumably, the business desires an exception which will allow it to move heavy vehicles over the road, and the governing body must decide whether or not there are conditions which could allow the movements to be made safely, and also decide how the business will compensate the municipality for any excessive damage that the movements may cause.

Q. How do we know when the time has come to restore regular traffic to the road?

A. Some municipalities create an ordinance which includes a fixed time limit, such as March 1 to May 1, and imposes the restriction year to year. However, it is probably better to respond to the actual conditions that occur. The need for restrictions will depend on variables such as amount of snowfall, ongoing spring precipitation, actual daytime and nighttime temperatures, and specific areas where drainage is poor. Also, research in Minnesota suggests that paved roads

recover almost two weeks earlier than unpaved roads. Depending upon the actual conditions, restrictions might be placed or modified earlier or later than a fixed date in March or May. The experience of the road agent is helpful at specific locations.

Q. How are road weight limits enforced?

A. A person who violates the weight limits or the terms of an exemption is guilty of a “violation if a natural person, or a misdemeanor if a corporate or other entity.” RSA 231:191, VI. Criminal prosecution is required to enforce those penalties. In addition, anyone whose action damages the highway is liable for the cost of restoration of the highway (or may be required to restore it themselves) to a condition satisfactory to the person authorized to grant exemptions from weight limits. RSA 231:191, VI. However, the municipality cannot impose restoration costs on anybody without “reason to believe that the…damage…is attributable” to that person. RSA 231:191, IV.

Stephen C. Buckley is Legal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@ nhmunicipal.org.

More About NHMA’s Member Portal

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With NHMA’s member portal, you can easily manage your city’s or town’s information online.

• Every member has a designated Account Administrator who can set up a member user account for elected and appointed officials

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NHMA’s member portal is your go -to spot for important online benefits, including:

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

After each election, we remind members to update their municipal roster. Since town meeting means reelections and new elections, we ask that you take a moment to update your information for our New Hampshire Municipal Officials Directory

Updating this information each year helps NHMA make sure it can effectively communicate and engage with municipal officials from across the state on legislative activity and opportunities for workshops, webinars, conferences, and other educational and training events.

Deadline is May 31 st . As always, we thank you for your help in making the Directory as complete and up to date as possible.

Update Wage & Salary Survey by May 31st

Every year, NHMA asks our members to update their member compensation information for the online wage survey. The information members provide allows for an annual report of the wages and salaries paid to New Hampshire municipal employees and elected officials.

NHMA makes the survey data available to members through its website: www.nhmunicipal.org. Municipal members can use this online tool to make sure that their compensation scale is competitive with other municipalities with comparable populations and budgets.

Responding to the wage survey is voluntary, but NHMA encourages all members to complete this survey every year, since widespread participation makes the data more useful.

The 2023 wage survey will be available for data entry until May 31st!

REQUEST YOUR MEMBER ACCOUNT TODAY!

1. Coordinate with your Account Administrator in creating a member website account for you (requires only your name and email address).

2. Once inputted into your local member portal, the system will send you a confirmation email asking you to create a password unique to you.

3. Create your password and your NHMA member account is complete. We hope you enjoy your online benefits.

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

UP CLOSE & PERSONAL In the Field

Welcome 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 Alicia Jipson,Town Adminstrator in Belmont.

TC: What are your duties and responsibilities as Town Administrator.

AJ: The Town Administrator serves as the chief administrative officer of the Town and is directly responsible to the Select Board. I supervise and direct the administration of all town departments and carry out the policies enacted by the Select Board. I oversee personnel and expenditures, maintenance and preservation of Town infrastructure. I am responsible for the efficient management and operation of all affairs of the Town.

TC: What is your biggest challenge in performing your duties?

AJ: The biggest challenge in performing my duties is keeping the masses correctly informed of the truth. In today’s world with social media and misinformation constantly being put out there, it’s easily a full time job monitoring and responding to comments on social media to get the right information out there.

TC: How has NHMA helped you to do your job?

AJ: NHMA has helped me by providing necessary trainings, education and conferences. The listserv is a huge help, and of course the legal assistance is great. I learn a lot when I attend conferences and I bring that knowledge back to the office and apply it to the job. I attend as many educational sessions as possible. I believe there is no such thing as being over trained. I feel it is my job to be as well versed in as many aspects of Town business as I possibly can.

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

AJ: I find that a lot of people do not really know what it is that I do and what my role is. People don’t understand the support that this position gives not only to the BOS but to department heads and the general public. At times I feel like the public “welcome center” and am expected to know all the answers to any and all questions regardless.

TC: Has your public position changed you personally?

AJ: I’d say my skin is thicker and my shoulders broader. I’ve learned you can’t take anything too personal and at the end of the day the residents aren’t mad at you personally, they are mad at the system.

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

AJ: I’ve learned that at the end of the day residents just want to be heard. Give them the time to vent, and be heard, and the path to a resolution becomes easier. We are all in the same boat, so a little empathy and understanding goes a long way.

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

AJ: I’d tell them to absorb as much information as they can. If they know that the Town Administrator position is truly the next step for them, then I’d say attend every meeting, be in on every conversation, listen carefully at meetings, ask questions, offer a helping hand, and take on extra work. You can’t be prepared enough for this role. Use the resources we have available to us.

Dr. Tracey Hutton

Alicia Jipson

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

2022 Annual Report

Another year in the books! 2022 started to feel like the world we used to know in some ways. Town meetings went forward, NHMA held its two-day annual conference, and we experienced the joy and the challenges of being together again. Cities and towns grappled with difficult decisions, like budgeting in light of record inflation, but also considered new possibilities, with unprecedented investments in local governments through the American Rescue Plan Act and the Bipartisan Infrastructure Investment and Jobs Act.

Margaret Byrnes, Executive Director

On the legislative front, 2022 featured a slew of bills that sought to erode local control or create additional costs and burdens on local officials. With the help of local officials from across the state, we advocated for municipal interests based on NHMA’s member-adopted policies and principles, and the outcome was a pleasant surprise: the worst of the bills were killed, and cities and towns saw additional one -time funding in a non-budget year for roads and bridges and to off-set employer NHRS contributions. And speaking of member-adopted policies and principles, this year was also a legislative policy process year; thank you to all the local officials who volunteered their time to serve on a committee or participate as a voting delegate at the Legislative Policy Conference in September. Did you miss out? Don’t worry, we’ll do it again in 2024—mark your calendars!

With 100% municipal membership, NHMA is proud to be your source of education, training, legal guidance, advocacy—and all things local government—as you navigate your municipal role as employee, elected or appointed official, or volunteer. We continue to benefit from our relationships with like-minded organizations like HealthTrust, Primex, and the School Boards Association—as well as state agencies like the Office of Planning and Development, the Department of Revenue, and the Department of Environmental Services, who all share a commitment to supporting local government.

Our Annual Report is intended to give members a snapshot of what NHMA has been doing to serve the interests of local government over the past year. We hope you’re taking advantage of all NHMA has to offer—so if you think you might be missing out, please be sure to check out our Getting to Know Your Membership Benefits webinar, which can be found in the Webinar Archive on our website

MEMBERSHIP MATTERS!

Representing all 234 cities and towns in New Hampshire

50 Associate Members, including 6 counties, 9 regional planning commissions, 7 fire districts, 15 water and sewer districts, 14 village districts, 8 fire districts and more 36 Affiliate Groups representing municipal professions comprised primarily of municipal officials serving a particular position, such as town and city clerks, assessors or road agents

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

Legal Services

Please see more details in Legal Services 2022 Year-in-Review contained in this issue

Attorneys handled over 3,200 legal inquires

Top 5 legal inquiries were Right-to-Know Law, Planning Board, Select Board Authority and Procedures, Zoning Board of Adjustment, and ARPA issues

Presented 19 workshops and webinars (both in-person and virtually) with 1,450 attendees

Traveled to member municipalities for 23 On-Demands attended by over 200 members covering topics including Right-to-Know Law, planning board roles and responsibilities, ZBA basics, conflicts of interest and road and land law issues, and much more

Presented to 44 outside agencies, including NH Tax Collectors Association, Primex Summit, NH Association of Chiefs of Police, NH Office of Planning and Development, NH Library Trustees and NH Association of Conservation Commission, and five workshops with UNH ’ s T2

Filed three Amicus Briefs, including Bisceglia v. Secretary of State, Ortolano v. Nashua, and Conway v. Kudrick

Additional Resources

35 local officials graduated from the third Academy for Good Governance, Class of 2022

Maintained dedicated webpage on Federal Funding and Resources providing members with up-to-date information on the Inflation Reduction Act, the Bipartisan Infrastructure Law, and the American Rescue Plan Act

Advanced a joint collaboration, the Broadband Planning Network, with the National Collaboration for Digital Equity (NCDE) for members interested in the opportunity to undertake broadband investment planning together

Communications

1,690 print subscribers to New Hampshire Town and City

NewsLink distributed 26 times in 2022 to a base of 1,050 subscribers

An average of 29,000 visitors to NHMA’s website on a monthly basis in 2022

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

Cities and towns fared very well in 2022, particularly on state aid which saw a non-budget year record-breaking $100 million in direct aid sent to municipalities and almost $150 million funding for additional grant and loan programs

1,250 subscribers to Legislative Bulletin received 23 Bulletins and a Final Bulletin in 2022

NHMA followed 400 bills in 2022 which is right around our average, and we saw a number of important municipal priorities enacted or, in most cases, defended. Among those were:

• Protecting attorney-client privilege for municipalities

• Defending the local control of the decision-making process for zoning of short-term rentals

• Kickstarting broadband build out via changes in funding mechanisms

• Updating the state building and fire codes

• Helping municipal wastewater treatment facilities take action on PFAS

• Harmonizing state law on storage of ballot counting devices with the secretary of state ’ s guidance

• Overturning the New Hampshire Supreme Court’s decision in Merrimack Premium Outlets v. Town of Merrimack, allowing municipalities to update their assessed values as appropriate

Legislative Policy Process

Three policy committees comprised of over 50 members met several times in the spring to debate, discuss and recommend proposed legislative policy positions submitted by member municipalities

Over 50 members from 46 municipalities attended the 2022 Legislative Policy Process Conference held in September

Annual Conference & Exhibition

Nearly 400 members from 185 cities and towns attended our first real Annual Conference and Exhibition in Manchester since the pandemic. Received generous support from nearly 90 sponsors and exhibitors

Ken Robichaud, Northfield Town Administrator, received the Russ Marcoux Municipal Advocate of the Year award at NHMA’s Annual Conference in November

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

Education and Training

22 webinars; 1,845 registrants; 1,352 attendees; on variety of topics including electioneering, congressional direct spending, cybersecurity, default budgets, funding community projects and more

Over 1,360 members accessed NHMA’s webinar archive in 2022

Over 200 members joined NHMA in two webinars with the New Hampshire ’s Congressional Delegation on Infrastructure Investment and Jobs Act and Congressional Direct Spending

NHMA Board of Directors

Throughout its rich history, the NHMA has been honored by the outstanding caliber of the municipal officials serving on its Board of Directors. The active participation of these dedicated and experienced municipal officials continues to be an important part of the Association’s history. The result has been many years of impressive leadership and innovation programs and services for New Hampshire’s cities and towns.

CHAIR: Elizabeth Fox, Asst. City Mgr., HR Director, Keene

VICE CHAIR: Candace Bouchard, Councilor, Concord

SECRETARY: Jeanie Forrester, Select Board Member, Meredith

TREASURER: Cheryl Lindner, Treasury Management Officer, Nashua

IMMEDIATE PAST PRESIDENT: Laura Buono, Town Administrator, Hillsborough

David Caron, Town Administrator, Derry

Shelagh Connelly, Conservation Commission, Holderness

Phil D’Avanza, Planning Board, Goffstown

Joseph R. Devine, Assistant Town Manager, Salem*

Lisa Drabik, Human Resources Director, Manchester

Stephen Fournier, Town Administrator, Newmarket

Dale Girard, Mayor, Claremont

Joanne Haight, Select Board Chair, Sandwich

April Hibberd, Select Board Member, Bethlehem

Neil Irvine, Town Administrator, New Hampton

Holly Larsen, Finance Director, Berlin

Patrick Long, Alderman, Manchester

Conner McIver, Town Administrator, Barrington

Jim Maggiore, Select Board Member, North Hampton

Jim Michaud, Chief Assessor, Hudson

Judie Milner, City Manager, Franklin

Donna Mombourquette, Select Board Chair, New Boston*

Shaun Mulholland, City Manager, Lebanon

Dennis Shanahan, Deputy Mayor, Dover

David Stack, Town Manager, Bow

*Designates new board members elected in November

The HR REPORT

Employment Law Review of the 2023 Legislative Session

By Anna B. Cole, Esq., Drummond Woodsum

We are taking a break from our ongoing series addressing common inquiries received through the NHMA Employment Law Hotline to highlight a number of the pending bills and their potential impact on public employers. During the current legislative session, a number of labor bills that, if adopted into law, will have a significant impact on public employers.

First, there are a number of bills seeking to modify RSA 273-A, the Public Employee Labor Relations Act. For example:

• House Bill 150: AN ACT relative to the certification of a collective bargaining unit

Under RSA 273-A:8(I), the Public Employee Labor Relations Board (PELRB) is prohibited from certifying new bargaining unit if it would be comprised of less than ten (10) employees who share a community of interest. HB150 proposes to modify RSA 273-A:8, I to permit bargaining units of only five (5) employees.

The original ten (10) employee minimum was enacted in order to relieve smaller communities from the burden and expenses resulting from collective bargaining. Select Boards in these smaller communities would need to seek guidance on collective bargaining and compliance with RSA 273-A. Larger employers whose employees are already unionized could also be effected. Currently unionized employers may see employees looking to break current bargaining units into smaller units. For example, it is possible that employees in a unit consisting of both police officers and dispatchers might seek to separate into two units. In addition, subsets of employees may look to create new bargaining units (for example, currently non-union administrative staff may seek to form a bargaining unit).

• Senate Bill 193: AN ACT relative to the obligation of collective bargaining units to negotiate in good faith

RSA 273-A:3, I currently requires employers and the exclusive representative of a certified bargaining unit to negotiate in “good faith.” For the purpose of the law, “good faith” is defined to include meeting at reasonable times to seek an agreement and cooperating in RSA 273A’s dispute resolution procedure if an agreement cannot be reached. SB 193 seeks to supplement the definition of “good faith” to further require parties to “meet within 10 days after receipt of a written request from the other party to meet to bargain.” If adopted, the law would specify that, while the parties could mutually agree to extend this first-meeting-deadline, it would not be considered bad faith negotiation for either side to refuse to extend the deadline.

If adopted, employers, and unions, would need to be more mindful about when they initially reach out to initiate bargaining as the law will now include a requirement that the first meeting occur shortly after the initial request, unless delayed by mutual agreement.

• House Bill 410: AN ACT relative to municipality ranked list promotions

In unionized police and fire departments, it is common for a collective bargaining agreement to contain a negotiated promotion process. The promotion process often contains some combination of testing, oral interviews, written projects, and assessment centers. Often the promotion process provides that names of the top scorers are presented to the Chief, who then has final authority to rank those top scorers. HB 410 seeks to eliminate a Chief’s ability to determine the final ranking and would make a failure to make promotions in accordance with a promotional process scoring list an unfair labor practice. Specifically, it would be an unfair labor practice for an employer “that uses a ranked list of public employees eligible for promotion to fail to promote in the order on the list, except that the public employer may pass over an eligible candidate on the list for promotion

only one time in the life of the promotional list.” Additionally, the proposed amendment goes on to expressly state that, “the criteria used to create the ranked list shall be subject to the collective bargaining agreement in effect at the time the public employer creates the list.” The scope of this law is limited to towns and cities, but not to other public employers (e.g. schools) generally covered by RSA 273-A. The net effect of the change would be to negate the employer’s ability to exercise their professional judgement to assure that only the best qualified candidates are promoted.

If adopted, towns and cities that do not currently have a negotiated ranked-choice promotion process would be wise to think carefully about agreeing to one as doing so would open the door to potential

that have a currently negotiated ranked-choice promotion process, it would be prudent to review ensure that the eligibility criteria and process is clear before such lists are created to avoid potential unfair labor practices.

• House Bill 241: AN ACT relative to the opportunity of school district employees representing the collective bargaining unit to meet with the public employer as part of collective bargaining negotiations

RSA 273-A:11, II currently requires employers to provide employees “who act as representatives of the bargaining unit” with a “reasonable opportunity” to meet with the employer without loss of compensation or benefits. The PELRB has interpreted this provision to prohibit employers from

lective bargaining during employees’ regular workday. In school districts, employees often seek to schedule bargaining sessions at or near the end of their regular workday, so that they do not have the inconvenience of going home and then returning to a school facility in order to participate in negotiations. However, scheduling negotiations in the late afternoon could make it difficult for school board members to attend, as their work hours in non-school employment are often the traditional 9-5. It appears that the intent of this proposed amendment is to make it easier for school board members to participate in collective bargaining without disrupting their workdays. HB 241, if enacted, would make clear that it is not an unfair labor practice for school districts to refuse to schedule negotiations sessions during

HR REPORT from page 31 employees, by the National Labor Relations Act and, as to public sector employees, by RSA 273-A.

Second, there are a set of bills seeking to modify general employment laws that would impact both private and public workplaces. For example:

• House Bill 118-FN: AN ACT prohibiting employers from engaging in certain anti-union activities.

RSA 275:1 currently prohibits persons from coercing or compelling individuals, as a condition of securing or continuing employment, to agree not to join a labor organization, and from making such attempts. HB 118-FN seeks to establish a new section, RSA 275:1-a, that would further prohibit employers from engaging in certain “anti-union activities.” Specifically, if adopted, the law would prohibit employers from “requir[ing] an employee to attend or participate in anti-union training of any kind, including requiring or coercing an employee to view a video that casts unions in a negative light.” Violations of this prohibition will be subject to a fine of $10,000 per employee. If adopted, this law could be challenged on grounds that the governance of employer activity during union organizing campaigns is pre-empted, as to private sector

• House Bill 74-FN: AN ACT relative to an employee’s unused earned time.

Under current New Hampshire law, employers are not required to provide employees with paid time off or to pay employees, upon separation from employment, for the value of any accrued, unused leave allowed under employer policies. Employers are only obligated to pay for unused leave time if they have established a policy or practice to do so, or where they have agreed to make such payments through collective bargaining. HB 74-FN would establish that, for employers with at least 15 employees that choose to provide accrued leave time, such accrued leave time is “compensation” and thus constitutes “wages due” to employees. It further seeks to amend RSA 275:43 to require that “an employee who leaves in good standing, or whose termination is the result of a layoff, . . . be paid for unused earned time no later than the next regular pay period.” The term “earned time” as used in HB 74-FN encompasses “earned time,” “vacation” or “vacation time,” and “paid time off,” but does not include “sick days” or “sick time.”

Member Highlight: Classified Ads Postings

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

• House Bill 48-FN: AN ACT relative to employee protections from COVID-19 in the workplace.

HB 48-FN seeks to create a new category of employees that are protected from discrimination as a matter of law. Specifically, this bill seeks to create a new subsection, RSA 275:41-e, stating: “Employee COVID-19 Rights. An employee shall have the right to be vaccinated against COVID19 and the right to use personal protective equipment such as face masks and face shields while employed in the workplace. No employer shall discriminate in any way against an employee based on the employee exercising his or her rights under this section.” This bill appears to be a response to certain private sector employers that threatened employee with the loss of employment if they were vaccinated and prohibited the wearing of face masks and shields.

Please note that this information is current as of early February 2023 and does not constitute an exclusive list of all proposed legislation that may impact workplaces. If you are concerned about a certain bill, you are encouraged to check its current status on the General Court’s website (http://gencourt.state.nh.us), or contact NHMA or your local elected officials.

Member Highlight: Classified Ads Postings

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

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

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

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

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.

We have all the tools to meet your needs.

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

• Municipal bonds and public finance

• Land use planning, zoning and enforcement

• Ordinance drafting

• Tax abatement

• General municipal matters

• Municipal employment and labor matters

• Litigation and appeals

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

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

Legal Q and A Town Meetings and Citizen Petitioned Warrant Articles

By Jonathan Cowal, Municipal Services Counsel

As many towns prepare for their annual town meeting, questions always seem to arise surrounding citizen petitioned warrant articles. Can they be amended? What if they call for an appropriation? What if the content isn’t legally enforceable? These common questions and more will be addressed in this issue’s Legal Q&A.

Q. Our town has received a petitioned warrant article. Can the language of this warrant article be amended by the voters at the deliberative session or business session?

A. Yes. RSA 39:3 provides a process whereby registered voters can petition the selectmen to place an article in the warrant. Just as with an article created by the selectmen, a petitioned article in the warrant serves only to alert the voters to the subject matter that will be acted upon. The town meeting retains the same authority to add to or delete from a petitioned article particular terms, details or conditions that it has with respect to articles placed by the selectmen.

Q. What if the select board disagrees with the petitioned article? Can the select board remove or amend the article?

A. Absolutely not. RSA 39:3 prohibits the selectmen from altering or changing petitioned warrant articles. The statute requires the selectmen to insert the petitioned article in the warrant “with only such minor textual changes as may be required.” “Minor textual changes” most likely refer to the selectmen putting the petition in the form of a question. Perhaps it includes correcting spelling or grammar. It certainly doesn’t include making changes in the substance of the article.

Q. What if the person who submitted the petitioned article no longer wants it to be submitted? Can the petitioner have the article removed from the warrant?

A. No. Once a petitioned warrant article has been properly submitted, in that it has been determined to have the proper number of signatures and has been delivered to the town, it is a legal document. Neither the citizen or group who originally drafted the article nor the select board has the authority to remove this article from the warrant. The article can, however, be amended and anyone opposed to the article, including the person who originally submitted it, can appear at the deliberative or business session and speak out against the article.

Q. Can petitioned warrant articles be amended in official ballot referendum (SB 2) towns and districts?

A. Yes. There is no indication anywhere in RSA 40:13 that petitioned warrant articles are treated any differently than articles placed in the warrant by the select board. Under, RSA 39:2 the subject matter of all business to be acted upon at the meeting must be distinctly stated in the warrant, but the meeting is free to add to or delete from the article any terms or conditions it deems appropriate or increase or decrease amounts of money proposed to be appropriated in a petitioned article. However, RSA 40:13, IV states, “(a) warrant articles whose wording is prescribed by law shall not be amended, (b) warrant articles that are amended shall be placed on the official ballot for a final vote on the main motion, as amended, and (c) no warrant article shall be amended to eliminate the subject matter of the article”. An amendment that changes the dollar amount

of an appropriation of the warrant article will not violate the previous requirements. Once the deliberative session determines the final wording of the warrant articles, they are placed on the second session ballot in their final form for a yes or no vote. Voters can’t amend official ballot referendum questions at the second session.

Q. Can voters amend petitioned zoning amendments at the deliberative session of an official ballot referendum meeting?

A. No. RSA 675:3 governs the method of enactment of zoning ordinances and amendments to the zoning ordinance. RSA 675:4 governs petitioned zoning amendments. Petitioned amendments must be submitted to the select board, who must submit them to the planning board “in a timely manner.” The planning board must hold a public hearing on any petitioned zoning amendment and then submit the petitioned amendments to the town clerk for inclusion on the official ballot. The ballot must include a notation of whether the planning board approves or disapproves of a petitioned zoning amendment. Zoning amendments cannot be amended on the floor of town meeting.

In official ballot referendum towns, the process for petitioned zoning amendments is the same. However, because the deliberative session occurs several weeks before the official ballot voting on election of officers, zoning amendments and the final form of warrant articles, there is a mistaken belief that the deliberative session can determine the final form of proposed zoning amendment questions, amending the language as proposed by the planning board or by petition. As noted above, RSA 675:3 and :4 require proposed zoning amendments, whether submitted by the planning board or by petition, to be voted on by official ballot.

In some official ballot referendum towns, moderators have permitted voters at the deliberative session to discuss proposed zoning amendments. However, this practice is strictly up to the moderator, subject to being overruled by the deliberative session voters, of course, but moderators should not permit the deliberative session to amend proposed zoning amendments.

Q. A petitioned warrant article was submitted that, if approved, will require a significant expenditure. Must the budget committee appropriate funds towards this project and is it binding on the town if approved?

A. Petitioned warrant articles are allowed to contain appropriations. If a petitioned warrant article contains an appropriation, it must be addressed at the town’s budget hearing. If the town has already held its budget hearing, then the petitioned article should be addressed at a supplemental budget hearing under RSA 32:5, II. It is important to keep in mind, however, that an appropriation is not a requirement that the funds be spent, it is simply an authorization to spend funds for that purpose. The select board is not required to spend funds on a project, even if it is called for in a warrant article. If the article passes, it becomes a political decision for the select board if they want to spend the funds on the project or not.

Q. We received a petitioned warrant article that appears to be “illegal”. Do we still need to put it to a vote?

A. An illegal warrant article is one that, if passed, cannot have any legal effect, typically because it calls for the town to exercise a power or use a procedure that the legislature has not authorized. If the select board receives a petitioned article that calls for the town meeting to take some unauthorized action, the New Hampshire Supreme Court has, in some cases, said that the select board is not required to place it on the warrant. Levasseur v. Selectmen of Hudson, 116 N.H. 342 (1976). In addition, if an “illegal” article is petitioned for a special meeting, the Court has said the select board is not required to call the special meeting. Winchester Taxpayers’ Association v. Selectmen, 118 N.H. 144 (1978). Nevertheless, the Court has also referred to the inclusion of petitioned articles on the warrant as a “right.” Woodside v. Selectmen of Derry, 116 N.H. 606 (1976). Because of these mixed decisions, and because the failure to include a petitioned article subjects the select board to a criminal penalty (RSA 39:3-b), it is recommended that in most cases the article should be placed on the warrant anyway. The select board could seek a legal opinion that a vote on the article will have no legal effect, and that opinion could be shared with the meeting voters. In short, it is probably good practice to put all petitioned articles on the warrant, unless the select board has a clear legal opinion from the town’s attorney, or a ruling from a court, stating that the article can be omitted.

Jonathan Cowal is the Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@nhmunicipal.org.

Legal Q and A

Legal Services Department - 2022 Year-in-Review

NHMA staff includes two attorney who are available to answer legal inquires and provide general legal assistance by email and telephone to elected and appointed officials from member municipalities. Although these attorneys prepare articles, handbooks, seminars, and other educational programs and publications, they spend a lot of time answering your specific legal inquires, either by phone or by email. NHMA strives to have a lawyer on telephone duty at 1-603-224-7447 each business day between 8:30 and 4:30.

As seen in the chart below, NHMA’s Legal Services Department saw a slight decline in legal inquiry call volume in 2022 over 2021 call volumes. This averages out to twelve legal inquires a day based upon 260 business days in 2022.

Legal Inquiry Call/Email Statistics - 2022

With A CompArison of inquiries by month - 2020-2022

Top Ten Legal Inquiry Subjects - 2022

On Demand Presentations: Legal Services and Government Affairs staff presented 23 On-Demand programs to member municipalities during 2022 that were attended by 203 local officials. 19 of these were paid programs, and 4 were programs provided without charge to those municipalities with dues greater than $15,000.

Workshops: Legal Services presented 16 workshops to member municipalities during 2022 that were attended by over 1,200 members. Here’s a breakdown of 2022 workshops:

Moderators: 146 attendees, 2 dates

Local Officials: 196 attendees, 2 dates

Welfare: 61 attendees

Budget & Finance: 206 attendees

Hard Road to Travel: 129 attendees, 2 dates

Code Enforcement: 70 attendees

Right-to-Know Law: 241attendees, 4 dates

Trustees Training: 90 attendees

Land Use Law Conf.: 81 attendees

TOTAL ATTENDEES 1,220 attendees

Webinars: Legal Services attorneys presented 3 webinar programs during 2022.

UNH T2 : Five workshops presented with UNH T2 on Hot Topics in Highway Regulation

Other Presentations: NHMA Legal Services attorneys made presentations to the following:

Right-to-Know Law Overview - NH Tax Collectors Association

Zoning Board/Planning Board Basics - NH Office of Planning & Development

Local Government in NH – Primex Summit

Right-to-Know & Personnel Files – NH Assoc. Chiefs of Police

Right-to-Know Law – NE Regional Tax Collectors/Treasurers

Right-to-Know Law - NH Association of Conservation Commissioners

Amicus Briefs Filed in 2022:

Bisceglia v. Secretary of State, Motion for Reconsideration filed April 11, 2022

Ortolano v. Nashua, Memorandum of Law filed August 15, 2022

Conway v. Kudrick, Amicus Brief with NH Planners Assoc. filed July 25, 2022

For more information about our legal advisory services, NHMA staff can be reached at 603-224-7447 or by email at legalinquiries@nhmunicipal.org.

Go Green! Help Us Go Digital!

National Resource for Municipal DEI Efforts: ICMA Equity & Inclusion Toolkit

The International City/County Management Association (ICMA) is an association representing professionals working in local government management. To support member engagement on issues related to equity, systemic racism, and social justice, ICMA develops and promotes programs and initiatives in all areas of service delivery, hiring practices, leadership development, community engagement, and workplace culture.

During the ICMA strategic planning process, ICMA members noted that now, more than ever, local government professionals are called upon to integrate equitable public service to rapidly diversifying communities. Local governments must consider issues of equity and inclusion that go beyond race, ethnicity, and gender and include variations in age, sexual orientation, ability, economic status, educational attainment, immigration levels, and community size.

The ICMA Task Force on Strengthening Inclusiveness in the Profession and the Task Force on Women in the Profession recommended the creation of this toolkit to equip local governments with strategies and leading practices that are used in communities across the United States and abroad, along with corresponding resources that can be replicated in other communities.

The appendices include an overview of local government and ICMA member diversity, profiles of the communities cited, a list of organizations actively involved in promoting equity and inclusion in government, additional resources, and a glossary of terms useful for individuals and communities when working on these issues.

This toolkit was designed to provide current and future local government leaders with an additional capacity to ensure that they continue to work toward building equitable and inclusive organizations and communities.

Highlighted Resources:

• ICMA Equity and Inclusion Toolkit

This toolkit equips local governments with strategies and leading practices that are used in communities across the United States and abroad, along with corresponding resources that can be replicated in other communities. Based on the strategies identified in the toolkit, ICMA provides a set of key recommendations: (1) Consider the Impact;

(2) Build Trust-based Relationships; (3) Review Current Policies; (4) Adopt Equitable Compensation Practices;

(5) Establish Training Programs; (6) Discover Leaders; (7) Focus on Goals; (8) Make Small Gestures; (9) Communicate Effectively; (10) Engage Existing Staff; and (11) Be Conscious of Bias in Hiring Practices.

• Glossary of Terms: Race, Equity, and Social Justice

This glossar y is a tool for understanding common expressions related to race, equity, and social justice.

Source: DEI Resources for Municipal Governments, https://mayorscaucus.org/initiatives/diversity/dei-resources-formunicipal-governments/

HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

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

The Challenges to Community Transportation in New

Hampshire

Written by Scott Bogle, Rockingham Planning Commission, Ben Herbert, Southern New Hampshire Planning Commission

Terry Johnson, Southwest Regional Planning Commission

Donna Marceau, Nashua Regional Planning Commission

Sylvia von Aulock, Southern New Hampshire Planning Commission

In our car-dependent culture, many of us don’t often think about what happens if we lose our ability to drive, even if it’s just temporary. Still, if you needed to get to the doctor, grocery store, pharmacy, or anywhere else, how would you, if you couldn’t drive? New Hampshire’s most vulnerable populations face this dilemma every day. Older adults, individuals with disabilities, veterans, immigrants, refugees, and others who can’t afford to drive or are physically or mentally unable to drive often become isolated if they have no means to get where they need to go.

At some point in our lives, many of us will have to face the difficult moment when we realize we should no longer drive. Often this moment is when we are 80 or older. By 2040, the number of 80+ year-old individuals are projected to more than triple in the state. Local, regional, and state agencies and stakeholders, transportation service providers, regional mobility managers, and Regional Planning Commissions across the state have come together to collaborate on improving education, outreach, and coordination of transportation services. This article is just one effort to help improve understanding of community transportation services in New Hampshire.

What is Community Transportation?

Community transportation refers to all transportation resources that are available to help meet com-

munity mobility needs. These include both public and private services, such as shuttles for older adults, vans that organizations own and operate, and other programs such as volunteer driver programs. Community transportation provides flexible and accessible solutions in response to unmet local transport needs.

What Types of Transportation Options

Exist in New Hampshire?

Only 25 communities in New Hampshire are served by traditional fixed route or flex-route public bus service that most of us think of as public transportation.

The state has four urban transit providers, including COAST in the Seacoast, Manchester Transit Authority (MTA) which now includes the Greater DerrySalem CART system, Nashua Transit System (NTS) and UNH Wildcat Transit. Another six rural transportation agencies provide varying levels of service in Belknap, Carroll, Coos, Merrimack, Grafton and parts of Sullivan and Cheshire Counties.

Fixed route transit can’t be operated efficiently in rural areas lacking adequate population density. In these rural areas the most cost-effective approach to providing accessibility is advance-reservation service (sometimes called demand-response) that is usually

limited to older adults and people with disabilities that prevent them from driving. Often these services restrict trips to only specific purposes such as medical appointments, grocery shopping or accessing senior activity centers.

Over 40 non-profit organizations provide this sort of transportation in clusters of communities around the state. These include senior centers, meals on wheels programs, support organizations for people with disabilities, and healthcare providers. Twenty-five publicly accessible volunteer driver programs make up a large share of these services and cover 197 of New Hampshire’s 234 communities; though in many cases the capacity of the volunteer corps limits the number of trips that can be provided.

To find more about transportation services in your area visit: https://www.nh.gov/dot/programs/scc/rcc.htm

What Impacts do Volunteer Driver Programs Have on People’s Lives ?

Volunteer Driver Programs (VDP) provide rides at no cost to residents of the communities they serve. The programs

depend on the volunteer drivers who give their time and driving ability to help residents maintain their health and independence by improving their access to essential services. VDPs are sometimes the only affordable community transportation option for people living in rural areas of the state.

A 2021 Community Volunteer Transportation Company (CVTC) Driver and Rider Survey revealed that benefits accrue to both riders and volunteer drivers in the vastly rural 34 town Monadnock Region they serve. Some survey participants shared:

I “I am pretty much stuck at home 24/7, so it is nice to meet new people and chat on the ride.”.

I “Bob took me to chemo for about a year - we had a lot of fun talking and laughing. Made an unpleasant situation much easier on me. “

I It’s rewarding to work for this great organization. I get back much more than I give,” was a common sentiment expressed by CVTC volunteer drivers.

What is the Mobility Management Network doing?

• Networking with community transportation providers.

• Connecting disadvantaged populations to available transportation services.

• Creating partnerships between providers to improve coordination. uity, and inclusion issues related

Conducting outreach activities to educate the public on using available transportation services. Identifying sources of funding for community

RPC REPORT from page 41 Transportation Coordination, Resources and Initiatives

What is the Mobility Management Network doing?

• Networking with community transportation providers.

• Connecting disadvantaged populations to available transportation services.

• Creating partnerships between providers to improve coordination.

• Addressing diversity, equity, and inclusion issues related to transportation.

• Conducting outreach activities to educate the public on using available transportation services.

• Identifying sources of funding for community transportation services.

Finding a volunteer driver program (VDP) can be challenging. Thanks to the NH Alliance for Healthy Aging (NHAHA) and their partners, a website was recently created to assist those wanting to volunteer and those wanting to utilize VDPs. In addition to launching a statewide volunteer driver recruitment effort to support the state’s many VDPs, the NHAHA website provides FAQs about VDPs and what it means to be a volunteer driver as well as an interactive map with a complete listing of available VDPs by county: https://nhaha.info/ volunteer-driver-initiative/

While New Hampshire does not have an extensive traditional public transportation network, it is gaining some national attention with its community transportation network. Within this network, older people, individuals with disabilities, veterans, and low-income individuals make connections with volunteer driver programs, public transit systems, and other transportation providers. With the guidance of many state, regional, and local partners, the State Coordinating Council for Community Transportation (SCC) has built a Mobility Management Network to ensure coordination of services, increasing the efficiency and effectiveness of transportation for residents across the state.  This Network allows individuals to connect with transportation options throughout New Hampshire.  The Mobility Managers are also connected with their Regional Coordinating Councils (RCC), which are comprised of transportation providers, funding agencies, citizens, health organizations, and social services.

How is Community Transportation Funded in New Hampshire?

Public transit and most other community transportation in New Hampshire are funded with a combination of federal, county, local, private, and (to a limited degree) state dollars. For fixed route public transit providers in particular, the

Federal Transit Administration (FTA) is the largest source of funding. FTA dollars need to be matched with non-federal funds, and that match rate varies by how the FTA dollars are used. Averaged together, FTA funds cover 60%-65% of total costs for most public transit service in New Hampshire. The needed matching funds come mostly from municipal contributions, advertising on buses and bus stops, charitable grants and other sources.

In much of the country, state legislatures provide a large portion of the non-federal match. In New Hampshire the state assists with partial match for capital vehicle purchases but contributes only minimally to transit operations with $200,000 per year split among all transit agencies statewide – enough to support 3-4 days of service. Nationally, in 2020, the median per capita state investment in public transportation was $5.94. The New Hampshire Legislature, in comparison, invested $0.59. Our two small, largely rural peer states of Maine and Vermont invest 18 to 21-times what New Hampshire does to provide transportation options that help seniors live independently with dignity and help connect employers to an adequate workforce.

Meaningful state investment has become still more important with the passage of the federal Bipartisan Infrastructure Law last year. This bill provides for a close to 30% increase in FTA funding, but without additional state or other nonfederal match investment, much of this needed new federal funding will be left on the table for lack of match.

needing transit assistance, it would be a significant step. Expanding state investment in transit to reduce downshifting of costs to municipalities is among NHMA’s legislative priorities for the current budget cycle. Getting these amounts into the final state budget will require communication from municipalities statewide to their legislators.

How can Individual Municipalities Support Community Transportation?

Even with an increase in state funding, there will still be a need for local investment in community transportation. One of the easiest approaches to funding local transportation needs, aside from property tax, is a local vehicle registration fee.  Under RSA 261:153 IV, the legislative body of a municipality may vote to collect a supplemental vehicle registration fee of up to $5.00 (paid at the time of vehicle registration) for the purpose of supporting a Municipal Transportation Improvement fund.  As of 2022, 34 municipalities have adopted this fee to fund local transportation needs. These funds can be used by the municipality to support improvements to roads, bridges, bicycle and pedestrian facilities, parking, and most importantly, public transportation.

Written by Scott Bogle (RPC), Ben Herbert (SNHPC), Terry Johnson (SWRPC), Donna Marceau (NRPC), Sylvia von Aulock (SNHPC)

What is the Mobility Management Network doing?

Responding to years of local and regional studies on unmet transportation needs, NHDOT’s Prioritized Needs budget proposal for the 2024-2025 biennium includes an increase in public transit operating assistance to $664,999 in SFY2024, and $1,744.550 in SFY2025. While this would still be just a down-payment on the level of investment required to meet current and anticipated transportation access needs for those

• Networking with community transportation providers.

• Connecting disadvantaged populations to available transportation services.

• Creating partnerships between providers to improve coordination.

• Addressing diversity, equity, and inclusion issues related to transportation.

• Conducting outreach activities to educate the public on using available transportation services.

Court Update

Now available online:

November 2022

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

Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application, Transfarmations v. Town of Amherst, New Hampshire Supreme Court Case No. 2021-0214, 11/20/2022

ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted, Chelmsford Hooksett Properties, LLC v. Town of Hooksett, Housing Appeals Board Case No. ZBA-2022-10, 11/14/2022

October 2022

Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort, Colquhoun v. City of Nashua, New Hampshire Supreme Court Case No. 2021-0253, 10/26/2022

Under RSA 672:1, III (e) Municipalities Must Ensure the Exercise of Zoning and Planning Powers do not Discourage the Development of Workforce Housing, Appeal of Town of Windham, New Hampshire Supreme Court Case No. 2021-0473, 10/04/2022

New Hampshire Municipal Association

Local Officials Hybrid Workshops

9:00 am—4:00 pm

Thursday, April 6, 2023

Thursday, June 1, 2023

Presented by NHMA's Legal Services attorneys, these complimentary workshops provide municipal officials with the tools and information to effectively serve your communities. This workshop is tailored for new and experienced municipal officials. This year attendees have the option of attending inperson at NHMA’s offices in Concord or attend virtually through a live streaming Zoom broadcast.

Topics will include the Right-to-Know Law, town governance, budget essentials, ethics and conflicts of interest, running effective meetings, municipal roads, and more. This program will also include a presentation on hot topics pending before the New Hampshire State Legislature of concern to municipal officials.

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

Workshop is free, but pre-registration is required.

Attendees

Interested In Joining the Statewide Broadband Investment Planning Network?

The New Hampshire Municipal Association has partnered with the National Collaborative for Digital Equity (NCDE), founded and based in New Hampshire, to help cities and towns that are interested in using Local and Fiscal Recovery Funds (LFRF) to improve broadband. NHMA and NDCE are working together to bring interested members the opportunity to join a NHMA/NCDE broadband planning network and to undertake broadband investment planning together.

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

Broadband planning network cost schedule, based on population:

25 4,999: $5,000

5,000

9,999: $7,500

10,000 +: $10,000

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

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

Right-to-Know Law and Public Meetings and Gover nmental Recor ds Hybrid Wor kshop

WHEN: COST:

The attorneys will also provide guidance on handling governmental record matters arising under the Right-to-Know Law. Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records. This workshop will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced.

Attendees will receive an electronic copy of NHMA's updated publication, A Guide to Open Government: New Hampshire's Right-to-Know Law. Additional materials such as the PowerPoint presentation and handouts will also be distributed electronically.

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

This Moment in NHMA History —

2002 – 21 years ago…

In 2002, the Town of Derry opened the state’s first off-leash dog park. The dog park was established on a half-acre site of the town’s well field, already protected by a sixfoot chain-link fence. “This place is great.” remarked a visitor to the park, “Every town should have one.”

The Town of Waterville Valley, by a town meeting vote of 100 to 10, enacted one of New Hampshire’s “Dark Sky” ordinance in March. Designed to protect and enhance viewing of the night sky, the ordinance regulates outdoor lighting to reduce glare, save energy, and minimize light pollution. The Town’s ordinance applied to all new or replacement outdoor lighting within town limits.

The .gov (read “dot gov”) domain, was originally reserved for United States governmental entities only, but made available for state and local level governments as well. This meant that all state governments and programs, cities and towns and counties could register their name in the .gov domain. Domain names are the names we type in our web browser to locate certain web pages.

?? ? ?

Name the town that was originally granted in 1761, and regranted in 1769, and took its name from a relative of colonial governor Benning Wentworth. The town was incorporated in 1778.

NAME THAT TOWN OR CITY

According to Wikipedia, this town is an active hub for  Libertarians as part of the Free Town Project, an offshoot of the Free State Project. The town’s appeal as a favorable destination was due to its absence of zoning laws and a very low property tax rate.

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the May/June 2023 issue.

ANSWER TO PHOTO IN THE JANUARY/FEBRUARY ISSUE: The photo on page 47 in the last issue of New Hampshire Town and City magazine is that of the Town of Charlestown. Thanks to Diane Town in the Selectman’s in Charlestown who provided the photo and narrative for this trivia in the last issue.

Special thanks to Marshall Buttrick (Greenfield) who responded with the correct answer. Even Marshall exclaimed, “You made me work on this one!”

Upcoming Webinar s

NHMA will be hosting complimentary webinars in March and April for members of the New Hampshire Municipal Association.

Cybersecurity for Government Leaders

12:00 noon – 1:00 pm

Wednesday, March 15, 2023

Cybersecurity is more important than ever. Government leaders face a growing number of challenges and threats from bad actors online.

Cybersecurity for government leaders is an initiative driven by National Cybersecurity Center (NCC) to train all government leaders on cybersecurity best practices. Government leaders and their staff will have the opportunity to hear from national experts on a variety of cybersecurity issues, and will learn practical tools to start using immediately to stay cyber-safe.

Join representatives from the NCC who will present Cybersecurity for State Leaders, a cyber hygiene training specific for state and municipal leaders.

Succeeding at Tax Deeding

12:00 noon – 1:00 pm

Wednesday, April 5, 2023

Did you know that after two years from the execution of a tax lien, the tax collector must by law (subject to a few exceptions) deed to the municipality all properties on which full redemption has not been made?

Learn more from this jam-packed webinar that every tax collector, city and town administrator, municipal legal counsel, and municipal official needs to know about tax deeding property.

Join attorneys Rick Sager and Weston Sager who will provide an overview of the entire tax deeding process and will address frequent tax deeding issues, such as:

• considerations before a municipality takes a property

• the municipality’s obligations after taking title

• the rights of the former owners and lienholders

• calculating what the municipality is entitled to retain in a tax deed sale

• different methods for selling tax deeded properties (including sealed bids and auctions)

For details and registration information, visit www.nhmunicipal.org under Calendar of Events

Questions? Call 603.224.7447 or email NHMAregistrations@nhmunicipal.org.

• post-sale distribution of excess proceeds (including interpleader actions in superior court).

Rick and Weston practice real estate law and municipal law at Sager & Smith, PLLC in Ossipee, NH. They are also licensed auctioneers and co-owners of NH Tax Deed & Property Auctions—a municipal real estate auction company that includes legal support with its auction services.