New Hampshire Town and City Magazine, May-June 2022 by New Hampshire Municipal Association

May/June 2022

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Celebrating and Increasing Women Serving Our Towns & Cities........... 10 Parks & Recreation Departments are the Fabric of our Communities.... 12 Tips for Investigating Racial and Other Bias Complaints......................... 16 The Roles of Parks & Recreation in Emergency Management, Disaster Preparedness, Response and Recovery........................................ 18 Riggin’s Rules................................................................................................24

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

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

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

Management LLC.

Contents Table of

Volume LXV • Number 3

May/June 2022

A Message from NHMA

5 Happenings 9 Upcoming Events 22

Win with Water

26 Up Close and Personal in the Field: Tim Metivier 27 Up Close and Personal in the Field: Ken Mills 28

RPC Report: Regional Commissions Use SADES Modules to Assist Towns in Assessment of Roadways, Culverts, and Sidewalks

Tech Insight: How to Best Leverage Your Municipality’s Social Media Account

36 Legal Q&A: Spring into Background Checks 40

NLC Report: Leaders Who Authentically Embrace Diversity, Equity and Inclusion Believe These 8 Things

Court Update

46 This Moment in NHMA History 46 Name That City or Town

10 12 16 18 21 24

Celebrating and Increasing Women Serving Our Towns and Cities Parks and Recreation Departments are the Fabric of our Communities Tips for Investigating Racial and Other Bias Complaints The Role of Parks and Recreation in Emergency Management, Disaster Preparedness, Response and Recovery Legislative Policy Process Update – Thank you to our Participating Members Riggin’s Rules

48 Upcoming Webinars

Cover: Newfields Town Hall in the springtime.

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

Margaret M.L. Byrnes Timothy W. Fortier

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

Evans Printing Co.

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

www.nhmunicipal.org

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New Hampshire Municipal Association

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

Shaun Mulholland -

Laura Buono - Chair Town Administrator, Hillsborough

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

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Cheryl Lindner - Secretary Treasury Management Officer, Nashua

City Manager, Lebanon

Candace Bouchard City Councilor, Concord

David Caron Town Administrator, Derry

Conservation Commission, Holderness

Shelagh Connelly

Phil D’Avanza Planning Board, Goffstown

Bill Duschatko Councilor, Bedford

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Manager, Newmarket

Joanne Haight Selectboard Chairman, Sandwich

Bill Herman Town Administrator, Auburn

April Hibberd Selectman, Bethlehem

Neil Irvine Town Administrator, New Hampton

Holly Larsen Finance Director/Tax Collector, Berlin

Patrick Long Alderman, Manchester

Conner MacIver Town Administrator, Barrington

Jim Maggiore -

Jim Michaud Chief Assessor, Hudson

Judie Milner City Manager, Franklin

Dennis Shanahan Councilor, Dover

David Stack Town Manager, Bow

Immediate Past Vice Chair

Selectman, North Hampton

NEW HAMPSHIRE TOWN AND CITY

Immediate Past Chair

www.nhmunicipal.org

A Message from the

NHMA

pring is one of our busiest times here at NHMA, especially with all the ongoing advocacy efforts at the State House and all the member workshops and educational training programs we offer.

May begins with the ever-popular Hard Road to Travel Hybrid Workshop on Thursday, May 5th, which features everything you want and need to know about roads. This half-day hybrid workshop will be held both in-person (@ 25 Triangle Park, Concord) and virtually and attendees will receive a complimentary electronic copy of NHMA’s publication, A Hard Road to Travel: New Hampshire Law of Local Highways, Streets, and Trails. With this hybrid format, in-person attendance is $65.00 and virtual attendance is $55.00. On Tuesday, May 17, NHMA will be holding a free, full-day, virtual workshop, 2022 Local Officials Workshop, designed specifically for newly-elected (or appointed) as well as experienced municipal officials and employees of member municipalities. Our April workshop was well-attended by over 110 members! We hope you can join us virtually on May 17th! Join us at noontime on Wednesday, May 18th, as NHMA offers a unique webinar on Investigations 101. This complimentary webinar will increase your investigative skills with Talesha Saint-Marc, an experienced labor and employment attorney and workplace investigator from Bernstein Shur, who will examine when municipalities need to conduct an investigation, the scope of the investigation, how to prepare to investigate, and how to use basic interview techniques, including assessing witness credibility.

MUNICIPAL ENGINEERING Supporting NH Municipalities Since 1962

TRANSPORTATION

Roads, Bridges, Sidewalks, Traffic, Airports

SITE DEVELOPMENT Civil/Site, Stormwater, Survey, Permitting

NATURAL RESOURCES Wetlands, Dams, River Restoration

WATER/WASTEWATER Collection, Treatment, Storage, Distribution

FACILITIES

Mechanical, Electrical, and Structural Engineering

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

www.dubois-king.com www.nhmunicipal.org

Save Thursday, June 2 for a half-day hybrid workshop on Effective Code Enforcement. Attorneys from Drummond Woodsum provide practical guidance on how to navigate the nuanced procedures associated with code enforcement, as well as practical advice in pursing an enforcement action against non-compliant property owners. With this hybrid format, in-person attendance is $65.00 and virtual attendance is $55.00. June also brings us the 2022 Municipal Trustees Training Virtual Workshop. Municipal trustees—cemetery trustees, library trustees, trustees of trust funds— all have very important and varied duties. Join us from 9:00 am – 3:00 pm, on Thursday, June 9th, as NHMA staff and others will give you the tools you need to perform your duties legally and understandably. The full-day workshop will be presented via the Whova platform and costs only $70.00. To close out June is a free webinar geared for new planning board members and alternates, as well as seasoned veterans who want a refresher course on planning board basics. A similar webinar, ZBA Basics, was held in April and attended by over 70 members. This webinar, The Workings of a Planning Board, is free and open to all NHMA members. NHMA’s legal services team will review these planning board basics from 11:30 am – 1:00 pm, on Wednesday, June 29th. You can learn more and register for any, or all, of these events through the Calendar of Events on NHMA’s website: www.nhmunicipal.org. These workshops all feature NHMA staff and other knowledgeable professionals from around the state who deliver quality presentations and information to keep you informed and up-to-date. M AY / J U N E 2 0 2 2

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

Representing Municipalities in all areas including

Administration & Finance Land Use Tax Abatements

Labor & Employment Environmental Litigation Bankruptcy

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

law@uptonhatﬁeld.com or uptonhatﬁeld.com

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

Hillsborough | 6 03 - 4 6 4 -557 8

NEW HAMPSHIRE TOWN AND CITY

Peterborough | 6 03 - 924 -3 8 6 4

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

www.nhmunicipal.org

HAPPENINGS Please Update Municipal Roster by May 31st and Wage Survey by June 30th! Having accurate and up-to-date contact information allows us to reach our members with important information in a timely manner. We ask you to update your contact information online after each election.

STEP ONE: Update Your Organization (by May 31st) Please log onto www.nhmunicipal.org and go to Manage Organization in the Members Account Administration (green) box. This is the section where you confirm office hours, mailing address, email information, website address, etc. pertaining to your local municipal operations. If you don’t know who in your city or town has access to do this, please send an email to nhmainfo@nhmunicipal.org requesting who your Account Administrator is for your city of town. Under Manage Organization, you will see a screen requesting certain information regarding employee benefits. Please indicate whether your city or town has any collective bargaining agreements, whether it offers health insurance to employees, and what the percentage is of employee contribution toward health care coverage. After each election, we ask that you update us about your elections, office hours, and meeting schedules, etc.

STEP TWO: Update Your Officials (by May 31st) Under Manage Officials, we ask that you add, remove, and update the names and contact information of your local municipal roster resulting from the most recent election. For each municipal employee/position on your municipal roster, you will see a new screen asking if this position is paid hourly, by salary, or by stipend. That’s it! It’s that easy! Thank you in advance for your time and efforts by updating your municipal roster and by completing this basic wage information. It is only due to your participation that we are able to provide this valuable business management tool to our membership.

STEP THREE: Update Your Wage Data (by June 30th) NHMA coordinates this Wage Survey for the benefit of our member municipalities, but it is our members who must take the time to input their local wage data so that other members may benefit from this shared information. Under Manage Wage Data, we ask that you provide hourly or annualized wage data for the 153 elected and appointed positions we have identified in municipal government operations. We ask that you best fit your data into the 153 positions or roles provided even though certain positions may not be a perfect fit.

www.nhmunicipal.org

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HAPPENINGS from page 5 New Hampshire Office of Planning and Development’s handbooks for Planning Boards and Zoning Boards of Adjustment have been updated based on 2021 legislation and are now available online. A summary of changes, which lists the changes that have been made since the 2020 update, is included in each handbook as well as in a separate document. Unlike previous years, OPD is only providing online copies of the handbooks. The summary of changes lists the chapters of the handbooks that have been revised and a pdf of each chapter is available online. • The Planning Board in New Hampshire - A Handbook for Local Officials: 2021 Update. This handbook is designed to serve as an introduction to the organization, powers, duties and procedures of planning boards in New Hampshire. It is a resource to acquaint board members and other interested persons with the basic responsibilities of the planning board and to suggest procedures by which the work of the board can be carried out in a fair and effective manner. • The Zoning Board in New Hampshire - A Handbook for Local Officials: 2021 Update. This handbook is designed to serve as an introduction to the organization, powers, duties and procedures of boards of adjustment in New Hampshire. It is a resource to acquaint board members and other interested persons with the basic responsibilities of the board of adjustment and to suggest procedures by which the work of the board can be carried out in a fair and effective manner.

Justice Department Issues Web Accessibility Guidance Under the Americans with Disabilities Act The Department of Justice recently published guidance on web accessibility and the Americans with Disabilities Act (ADA). It explains how state and local governments (entities covered by ADA Title II) and businesses open to the public (entities covered by ADA Title III) can make sure their websites are accessible to people with disabilities in line with the ADA’s requirements. The guidance discusses a range of topics, including the importance of web accessibility, barriers that inaccessible websites create for some people with disabilities, when the ADA requires web content to be accessible, tips on making web content accessible and other information and resources. The guidance offers plain language and user-friendly explanations to ensure that it can be followed by people without a legal or technical background. The full guidance is available here. To learn more about the department’s disability rights work, please visit www.ADA.gov.

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

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

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

 Water  Growth Control  Land Use & Planning

 U�lity & Infrastructure  Police  Environmental

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

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

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Act Now To Protect Against Potential Cyberattacks The White House has warned repeatedly about the potential for Russia to engage in malicious cyber activity against the United States in response to the unprecedented economic sanctions we have imposed. There is now evolving intelligence that Russia may be exploring options for potential cyberattacks. The U.S. Government will continue its efforts to provide resources and tools to the public and private sector, including via CISA’s Shields-Up campaign and they will do everything in their power to defend the Nation and respond to cyberattacks. But the reality is that much of the Nation’s critical infrastructure is owned and operated by the private sector and the private sector must act to protect the critical services on which all Americans rely. The Northeast Resource Recovery Association (NRRA) will be holding its annual Recycling Conference & Expo on Monday, May 16 and Tuesday, May 17 in person in Manchester, NH. For over forty years, NRRA’s Recycling Conference & Expo has been a premier conference focused exclusively on municipal recycling and waste reduction in the Northeast. Registration is now open at https://www.nrrarecycles.org/recycling-conference. This year’s theme, “What’s Next: Rethinking Resource Recovery” emphasizes the need for communities to rethink the future of solid waste and waste reduction and reset following the pandemic and China’s National Sword. Each year, hundreds of attendees join from across the recycling and waste management industry, including leaders and decisionmakers from: • Municipal recycling centers and transfer stations; • State, city and town governments; and • Business and industry The conference will take place at the DoubleTree by Hilton Manchester Downtown Hotel in Manchester, NH both days with some workshops available remotely via live stream. View the agenda and register at https://www.nrrarecycles.org/recycling-conference.

NHMA Offers Customized “On-Demand” Training Services! Thanks to COVID-19, we’re doing things a little differently with our “On-Demands” training. Instead of having a legal services attorney travel to your city or town, we’re now offering “OnDemands” as virtual presentations via the Teams or Zoom platform. Attendees would log in to the training program from the comfort of their home or office and attend virtually, with the ability to ask live questions of the presenting attorney. Please contact us at legalinquiries@nhmunicipal.org for more information! NHMA will offer this alternative method of training on a date and time that would be suitable for your board and staff, and you could always invite surrounding member municipalities to participate and contribute to the total cost. The cost is: $400.00 for a 2-hour, virtual On Demand (1 attorney); $550.00 for a 2-hour, in-person On-Demand (1 attorney); and $725.00 for a 3-hour, in person On-Demand for law enforcement (two attorneys). If interested, please Download Fillable PDF On-Demand Order form and follow instructions. www.nhmunicipal.org

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2022 Hard Road to Travel Hybrid Workshop

Thursday, May 5, 2022 9:00 a.m.—12:30 p.m. Join NHMA Legal Services Counsel Stephen Buckley and Municipal Services Counsel Jonathan Cowal for this year’s A Hard Road to Travel workshop and the debut of our first fully updated publication since 2015! Not only will this workshop delve into the details of how roads are formed, classified and maintained, how weight limits are established, and the basics of development on Class VI roads, the attorneys here at NHMA have also conducted a review of all the legal inquiries over the past few years and will be providing insight on some of the most common road related legal issues facing towns and cities. These topics involve OHRV’s and snowmobiles, municipal liability and highway maintenance requirements, discontinuing and re-classifying of roads and more! The workshop will help local officials understand some of the more complicated areas of highway law including a review of the local regulation of highways by the select board, mailbox location, driveway regulation by the planning board, defining the difference between a right-of-way, a public road and a private road, and determining exactly which public entity has the final say in regulating the roads within our towns.

Registration Fees: $65.00 (in-person); $55.00 (virtual) Pre-registration and payment is required. If you register but cannot attend, a recording of the workshop will be provided as long as payment has been received.

Questions? Please contact our Event Coordinator, Ashley Methot at 603 -230-3350 or nhmaregistrations@nhmunicipal.org.

Attendees will receive a complimentary electronic copy of NHMA's 2022 updated publication, A Hard Road to Travel: New Hampshire Law of Local Highways, Streets, and Trails.Additional materials such as the PowerPoint presentation will also be distributed electronically. No print outs of the materials or hard copy of the publication will be provided.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Upcoming

Events

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

MAY

JUNE

NHMA Hybrid Workshop: 2022 Hard Road to Travel 9:00 am – 12:30 pm Thursday, May 5 In-person/$65 – Zoom/$55.00

NHMA Hybrid Workshop: 2022 Code Enforcement 9:00 am – 12:00 pm Thursday, June 2 In-person/$65 – Zoom/$55.00

NHMA Virtual Workshop: 2022 Local Officials Workshop 9:00 am – 4:00 pm Tuesday, May 17 Free

NHMA Virtual Workshop: 2022 Municipal Trustees Training 9:00 am – 3:00 pm Thursday, June 9 Cost: $70

NHMA Webinar: Investigations 101 12:00 noon – 1:00 pm Wednesday, May 18

NHMA Board of Director’s Meeting 9:00 am – 11:00 am Friday, June 17

NHMA Board of Director’s Meeting 9:00 am – 11:00 am Friday May 20

NHMA Webinar: The Workings of a Planning Board 11:30 am – 1:00 pm Wednesday, June 29

Memorial Day (NHMA Offices Closed) Monday, May 30

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

Cordell A. Johnston _________

Attorney at Law

www.nhmunicipal.org

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

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Celebrating and Increasing Women Serving Our Towns and Cities By Devan Quinn, Director of Policy, New Hampshire Women’s Foundation Women Serving in NH Cities and Towns

The New Hampshire Women’s Foundation celebrates the women serving their town and cities as elected officials in so many roles amid so many challenges and opportunities. We celebrate the robust history of women in municipal office and we are grateful for the women stepping up to serve their communities now to build strong, vibrant communities.

mayors. In 2022, women represent 33% of City Councilors and Aldermen in all NH cities (not much difference from 35% women in 2021). WOMEN AS A PERCENT OF SELECT AND SCHOOL BOARDS IN EACH COUNTY AS OF 2021

However, there is a significant gender gap in elected representation for women at the local level. In 2021, only 35% of city councilors or alderpeople and 22% of town select board members were women. Across the political spectrum, we hear about the importance of gender and racial diversity on the Supreme Court, in the White House, and the Senate, but it’s just as important to have diversity in our town and city governments too.

Representation Matters

Studies have proved that when women serve, they are more likely to support policies that support women and girls in their community. Research shows women in elected office are more likely to seek bipartisanship and compromise than their male counterparts. From government to business to community, a diversity of perspectives leads to more robust discussion and includes more perspectives that lead to better outcomes. It is especially important to achieve gender representation for women on select boards and city councils, since they serve as the executive branch at the local level and have significant influence over the functions, budget and operations of the town.

By The Numbers

The NH Women’s Foundation released two reports on women’s representation in 2021 on Women in NH City Government and Women in NH Town Government (including school board). You can access them here: https:// nhwomensfoundation.org/our-impact/research/gendermatters/ In 2021, four cities had mayors who were women, Claremont, Franklin, Manchester, and Rochester, which is 23% of NH mayors. In 2022, two cities have women mayors, Franklin and Manchester, which represent 15% of NH 10

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

make the decision to run? For the men who want to support women in office, can you think of women in your community who would be excellent public servants? Will you ask them and encourage them to serve? How about a woman who is already serving - can you encourage her to run for a higher position?

When we researched the town data in 2021, we found that women’s representation varies across the state with women serving on select boards at much lower rates than they serve on school boards. When the data was collected in 2021, 41% of towns had zero women on their select board. We look forward to comparing the data after all 2022 town meetings and elections.

Women, particularly younger women, also point to career, family, and other responsibilities as barriers to serving. If you’re looking to support women serving their cities and towns, ask if they need child care! See if you can fill in for one of their many other roles to free up time to serve locally.

The Women Run! program

Hampshire Women’s Foundation created the Women Run! program, a nonprofit, nonpartisan program to encourage and train women to run for office, regardless of their political affiliation. We offer a community of women who are serving or thinking about serving some day to share their hopes, challenges, and support with each other. You can sign up for our listserv here: https://nhwomensfoundation.org/womenrun/ Devan Quinn (she/her) is the Director of Policy at the New Hampshire Women’s Foundation, overseeing research, policy, and advocacy programs. Devan can be reached at devan@nhwomensfoundation.org or by phone at 603.226.3355.

In response to this data and the voices of women across the state, the New

PROBLEM PROBLEM PROBLEM PROBLEM PROBLEM SOLVING PROBLEM SOLVING OBLEM SOLVING PROBLEM The NH Women’s Foundation would like to thank the NH Municipal Association for their support and collaboIt’s ourration strong to helppoint us collect gender data on NHMA members so we can continue to offer data and track progress on women’s leadership in New HampIt’s our strong point shire. Keep an eye out for the email strong point survey coming in May/June!

SOLVING OLVING It’s our strong point

Barriers to Women’s Leadership

Studies show that women often do not see themselves as potential candidates for office, even though, when they do run, they are just as likely as men to win. Women may assume they are underqualified even though www.underwoodengineers.com they are as qualified as other candiwww.underwoodengineers.com dates. Women are more likely to run erwoodengineers.com www.underwoodengineers.com for office when they are asked to run/ serve and when they are encouraged. If you’re a woman in office, does this resonate with you? What did it take to

il & environmental engineering

civil & environmental engineering onmental engineering

www.nhmunicipal.org

SOLVING SOLVING SOLVING It’s our strong point It’s our strong point It’s our strong point It’s our strong point

civil & environmental engineering civilwww.underwoodengineers.com & environmental engineering www.underwoodengineers.com

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

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Parks and Recreation Departments are the Fabric of our Communities By Andy Bohannon, Parks, Recreation and Facilities Director, City of Keene

t was 1982 in Keene, New Hampshire and another hot July day. I had ridden my bike through the park on my way to the neighborhood pool, where my friends and I often went to cool down and perfect our cannonballs. As I was waiting in line for the diving board, a large coach bus pulled into the parking lot, which I remember was unusually full for it being the middle of the day. The doors swung open and I was suddenly having my first experience seeing children of a different color as they got off the bus. I found it a bit weird and that night I asked my Mom what was happening. She explained to me that these children were part of the “fresh air” program. They travel from New York City to New Hampshire so that they can experience a week of natural green spaces in our more rural living environments. These experiences impacted a lifelong dedication to Parks and Recreation, the opportunity to provide equal opportunities for Parks and Recreation programs, and diverse programming that included everyone. Community Parks and Recreation Departments nationwide have been delivering DEI (Diversity, Equity & Inclusion) since the start of our existence. It’s in our DNA to be the community resource for parents to send their children to safe and diverse after school programs, summer programs that are inclusive for participants and employees, youth sports opportunities that connect community volunteers wanting to enrich their communities, and parks offering places to gather without prejudice. Today, in 2022, how far we have come that these

“fresh air” programs may or may not exist, or at least have been reimagined to serve our youth with a greater purpose of enrichment. The greater good demonstrates that more parks within communities are more prevalent and green spaces are closer to home, thus increasing access and opportunity. The New Hampshire Recreation and Parks Association (NHRPA) and National Recreation and Parks Association (NRPA) are providing community resources to address DEI through training, tool kits, and online connections that create open conversations for Parks and Recreation professionals. This helps to improve professional development and provide an enriched quality of life experience for com-

Transportation | Water& Wastewater | Solid Waste | Structural

CMA

ENGINEERS

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

NEW HAMPSHIRE TOWN AND CITY

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we knew we had to be engaged in the change for the better. Across the state and the country, parks have historically played a role in our country’s expressions of freedom and continue to do so via social demonstrations, creation of public art, and safe places to gather and feel free within a public space.

munities everywhere. On March 31st, members of the NHRPA gathered to learn more about the impact of racism and other forms of discrimination to increase our capacity and improve our relationships with everyone within our communities. Led by New Hampshire Listens and sponsored by the Endowment for Health, over 40 members convened to share experiences and engage in conversation to move us forward. It was an opportunity to make sure we are meeting our mission; are fully inclusive in our communities and developing our profession. For years, NRPA has focused members on three pillars of excellence: Health and Wellness, Equity, and Conservation, and with the unfortunate incidents that pushed the conversation forward in 2020 after the murder of George Floyd, Breonna Taylor and others,

Parks and Recreation Departments are the fabric of our communities. After an era that caused many to fiscally squeeze department budgets, as some communities couldn’t see the value they provided, the communities who embraced Parks and Recreation often thrived during the COVID pandemic. This is because citizens flocked to the well maintained and safe outdoor spaces and programs that were being offered to children for remote learning. It was a time for innovation and

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PARKS AND REC from page 13 providing access to all, the core of our mission. In Parks and Recreation we embrace opportunities to provide diverse opportunities for all, we pride ourselves on including ALL community members. As we roll into summer and program staff provide our youth opportunities to explore who they are as individuals, our program staff are also learning who they are, and together we can all become more included and more diverse. Parks and Recreation builds community, strong recreational programs increase awareness and create a more desirable and welcoming opportunity for families. When families move into your community, increasing your diversity, and feel included and welcomed, equity can begin to take shape. Its hard work for all of us, and nobody can be ex-

cluded in the work it takes to create a positive and welcoming environment. The perfect place to start is where it’s already been happening for decades, with Parks and Recreation. If your community is not a member of the New Hampshire Parks and Recreation Association, please visit www. nhrpa.com to see the benefits of joining. NHRPA is an association that advocates for the development and administration of recreation and park services, without discrimination, by means of educational seminars, meetings, conferences, and work to improve recreation and park activities in New Hampshire. Andy Bohannon is the Parks, Recreation and Facilities Director for the City of Keene, New Hampshire. Andy can be reached by phone at 603.357.9829 or via email at abohannon@keenenh.gov.

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Tips for Investigating Racial and Other Bias Complaints By Talesha L. Saint-Marc, Esq., Co-Chair Labor & Employment Practice Group

he 2017 #MeToo movement and the national conversation the movement ignited brought heightened awareness to sexual abuse and sexual harassment in the workplace and beyond. Consequently, employees felt empowered to report allegations of sexual misconduct in the workplace, and employers were forced to review and revise their policies and respond to increased reports of misconduct. Likewise, escalation of racial tensions in the summer of 2020 and the strength of the #BlackLivesMatter movement sparked a national conversation about race and equity that fueled a drive for change in the workplace. As with the #MeToo movement, the #BlackLivesMatter movement caused employers to create or reevaluate their internal policies and procedures, while other employers focused on raising employee awareness of their established policies. Further, increased awareness of racial injustice and unequal treatment has led to increased numbers of employees raising concern about workplace inequities. As with any workplace complaint, municipalities must take these concerns seriously and investigate them properly. Although investigating bias complaints can be challenging, the following tips can help municipalities ensure they are conducting effective investigations and maintaining a workplace free of discrimination and harassment.

Select an Appropriate Investigator Investigator selection is crucial in all investigations, but perhaps more so when investigating a bias incident. The right investigator must possess the skills, knowledge, and experience to conduct the investigation, but also must be free of bias and conflicts of interest. When investigating racial and other bias complaints, municipalities should also consider whether the investigator’s demographics (i.e. race, age, etc.) will impact the investigation. For instance, if an Asian employee makes a race discrimination complaint, the employee may feel more comfortable discussing the complaint with an investigator that has the same racial background, or at the very least, a non-Caucasian investigator. Selecting an appropriate investigator furthers trust between the investigator and parties or witnesses and lends credibility to the investigation.

Understand the Impact of Microaggressions in the Workplace The #BlackLivesMatter movement not only increased awareness of racial injustice in the workplace generally, but it highlighted a specific form of bias – microaggressions. According to Merriam-Webster Dictionary, micro-

Establish Trust with Employees Without trust, employees are less likely bring their concerns forward. The foundation to trust with employees starts with creating clear anti-harassment and anti-discrimination policies. Your policies should be in writing and accessible to employees, and it is essential that you regularly train employees at all levels regarding the policies. The next crucial step in building trust with employees is to enforce your policies consistently and fairly. Employees gain confidence in the system when they observe their employer follow the established procedures in an equitable and consistent manner.

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aggression is defined as “a comment or action that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a member of a marginalized group (such as a racial minority).” Microaggressions are usually harder to investigate because the employee’s complaint does not generally involve a blatant act of bias, but rather, smaller acts or expressions of bias. Nevertheless, microaggressions can rise to the level of unlawful discrimination and/or harassment, and more importantly, they can impact employee morale. Accordingly, municipalities should not dismiss microaggressions as insignificant slights and fail to investigate them. Rather, microaggressions should be investigated in the same thorough manner as other complaints.

Don’t Ignore Anonymous Complaints Employees are not always comfortable bringing forward complaints, and yet, anonymous complaints should never be ignored. Municipalities should take all complaints seriously and conduct some level of investigation to ascertain the nature and scope of the allegations. If the allegations are not specific enough to make findings, but indicate a widespread problem, municipalities should consider whether a DEI assessment or climate study is appropriate. It is important to consult legal counsel before conducting such an assessment or study. Ultimately, investigations help municipalities identify and resolve internal problems and reduce liability to

the municipality. Thus, it is important in all investigations, but especially in complex racial and other bias investigations, that municipalities select a highly qualified investigator and address all complaints in a fair and consistent manner. Talesha Saint-Marc is the Co-Chair of Bernstein Shur’s Labor & Employment Practice Group and a shareholder in the firm’s Investigations & Resolutions and Litigation & Dispute Resolution Practice Groups. She provides thoughtful and practical advice and counsel to employers regarding all aspects of employment law, including the FLSA, FMLA and ADA compliance, and Title VII and state human rights claims. She may be reached at 603.665.8814 or via email at tsaintmarc@bernsteinshur.com.

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The Role of Parks and Recreation in Emergency Management, Disaster Preparedness, Response and Recovery By Donna Kuethe, CPRP

arks and Recreation agencies play a vital role in the physical, economic, social, and emotional health of New Hampshire communities and provide essential community services. Park and Recreation opportunities create the positive quality of life that attracts people to our communities. Following a disaster, the opening or re-opening of recreation facilities as well as the return of recreation services such as youth sports, special events and social programs for seniors, play an important role in the collective mental health and full recovery of a community - often signifying that crucial “return to normalcy.” Do Recreation practitioners have a role in emergency management and disaster preparation, response and recovery? The answer is “Yes”. Is your Department Prepared? The first and most important role for Recreation agencies, in terms of Emergency and Disaster Preparedness, is to ensure the Department is prepared. According to the 2019 GP RED’s REDline Survey, the following conclusions were published: Park and Recreation agencies play a significant role in community disaster and

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“I know we should be prepared, I just don’t know what that means” – Park and Recreation Practitioner’s Response in the 2019 GP RED’s REDline Survey exploring the role of parks and recreation in disaster response and recovery.

response; the majority who responded had been affected by a disaster, but the majority had not received training or been prepped for disaster or emergency response in the past three years. Asset Inventory: Best practices recommend Recreation Departments create and maintain up-to-date, detailed, accurate inventories for all properties, facilities, amenities, and equipment. A comprehensive record of what the community had prior to the disaster aids in determining loss, damages, completing required insurance and FEMA paperwork, and reduces the time and work required to get the community restored post disaster. It’s important in obtaining grants that may be available to help restore/replace lost facilities and equipment. Records related to the purchase or lease of

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property, proof of ownership or right to occupy should be included and are important in obtaining grants. Long range Planning and Inventory: As part of the inventory process, take a critical assessment of each facility. Is it adequate to meet the long-range needs of the community? If you were to build the facility again what improvements would be made? Perhaps, an athletic field has drainage issues, an indoor facility has inadequate heating systems, or a gym not conducive to current programs? If those were damaged or destroyed, it wouldn’t make sense to re-create space that isn’t meeting the needs of the community. These plans should be included in Strategic, Master and Capital Improvement Plans, well documented and discussed as plans for the Department. Any additional equipment and supplies that may be needed due to an improvement in facilities or additional greenspace created as mitigation measures should also be included. Emergency Action Plan: Does the department have an Emergency Action Plan in place that includes procedures for emergencies such as fire, lost child, natural and human made disasters? What is the evacuation plan? Where do people meet? Who is designated to ensure everyone has safely exited facilities? Is the plan reviewed and updated regularly and practiced with participants in the facilities? Are contracted instructors, volunteers, seasonal and part time staff included in the plan and in practices? Does it include a communication plan? How are facilities accessed? Where are keys, lock and alarm codes? Who has access? Are there plans for who does what and when? All necessary information must be stored where staff can access it. Recreation agencies that use school facilities for programs must ensure that staff, instructors and volunteers who www.nhmunicipal.org

use those facilities be familiar with their procedures. According to GP RED’s Survey referenced earlier, of those responding, 57% had a Park and Recreation Emergency Plan in place; 21% did not and 27% did not know if they did or not. In that same survey, the question was asked if they had received training for an emergency or disaster with the response revealing that only 36% had while 64% had not. If the Recreation Department is not prepared for disaster, the community is not fully prepared. Who is on your “TEAM” and Whose “TEAM” should you be on? The Recreation Department should be represented on the municipality’s Emergency Management Team. In the REDline survey referred to earlier, in response to the inquiry as to whether or not they were on their municipality’s Emergency Management Team, 46% indicated they were, 21% answering no and 25% did not know. Aren’t Parks and Rec the fun people? What can they bring to the Emergency Management and Disaster Preparedness table? Much. Recreation personnel have skills and experiences that are valuable assets to their communities in times of emergencies and disasters. They possess multiple levels of training in risk management, emergency preparedness, special event planning, facility operations, human resources, child development, first aid and CPR. Many have advanced training like EMT, Wilderness First Responder and many either are, or employ, lifeguards with professional rescuer experience. Recreation practitioners manage facilities, multiple staff members and volunteers. Park and Recreation facilities are sometimes used as shelters, evacuation meeting points, staging areas etc. Many also manage valuable resources that may be needed like vehicles and equip-

ment, such as busses or vans called to action in evacuations, as well as staff trained and certified to drive them. Equally important, Recreation professionals are well known to community members – seniors, children, families and adults. They may have already established relationships with much of the population. This can be helpful for assistance in house checks, evacuations, sheltering, etc. In several New Hampshire communities, facilities such as community or recreation centers become the emergency shelters during an event. In terms of who should be on “Your Team”? In essence, the majority, if not all, of the department’s staff – full and part time, seasonal and, possibly, volunteers should have specific, defined, and practiced roles and duties in emergency plans. Likewise, emergency and disaster response must be part of all trainings such as summer staff, youth sport coaches, lifeguards etc. Although not everyone will need the same training, just about everyone in the department needs training in emergency M AY / J U N E 2 0 2 2

THE ROLE OF PARKS from page 19 preparedness and procedures. Consider NIMS – National Incident Management Systems training (FEMA) for those in Recreation leadership. Special Events as Training Tools – Recreation personnel are experienced in planning, coordinating and managing special events, and, therefore, possess skills and experiences that translate to emergency and/or disaster events. Recreation special events can provide opportunities to practice elements that apply to emergency response and can be used as a training tool. Special events often deal with large groups of people in a variety of settings and may include, providing food, overnight accommodations (think - Family Camp out), registration, transportation, crowd control, traffic control (think - Road Races) and collaboration with multiple municipal departments such as police, EMS and Public Works, developing communication plans as well as collaborating with neighboring communities. Building the relationships, familiarity with procedures and personnel prior to an emergency/ disaster is key. Emergency Shelters – As mentioned earlier, recreation facilities may be used as emergency shelters. These may be run by the municipality or an agency like the American Red Cross. Recreation programs may be interrupted although some may continue while the shelter is in place. Ideally, recreation activities should be provided to individuals in shelter situations – especially for those sheltered for extended periods of time. Recreation providers have the supplies, equipment, knowledge, experience and are background checked to provided safe, fun activities to combat boredom and provide social experiences. Including Recreation personnel and finding space, supplies 20

and time for supervised recreation for all should be included in local shelter plans and accommodations. Reaching Vulnerable Populations: Recreation personnel can be instrumental in reaching vulnerable populations such as the elderly, children and those with special needs. Recreation staff may have relationships with these populations that other agencies may not – participants in senior programs, children who may not be enrolled in public schools, individuals with disabilities - all may use Recreation facilities or programs. Those relationships are helpful in the response phase of a disaster – such as evacuations and house checks. Mutual Aid for Parks and Recreation in Disaster - Mutual Aid agreements between municipal jurisdictions are key to response and recovery from disasters. Police, Fire, EMT’s, Public Works, as well as Park Maintenance crews often respond to jurisdictions covered by Mutual Aid Agreements within states or inter-state. Formal Mutual Aid agreements for recreation facilities are often established through Public Works or other entities. However, assistance provided for recreation services has largely been handled less formally, if at all. The suggestion here is that recreation services be included in Mutual Aid agreements. As referenced above, the return to normalcy signified by the re-opening of facilities and return of recreation programs is key to the healing and recovery process. Including recreation services in mutual aid allows recreation professionals unaffected by the event to assist in the continuation or resumption of programs.

building communities for long term resiliency, especially in terms of recovery from hurricanes, floods and wildfires. While wildfires and hurricanes are somewhat rare but not unheard of in NH, there have been significant flooding events – coastal and inland. According to the National Recreation and Park Association in the NRPA magazine article entitled, Parks as a Solution to Climate Change - “Strategically placed and managed parks and natural lands buffer cities from rising seas, coastal storms, inland flooding and wildfires. In addition, FEMA’s Building Resilient Infrastructure and Communities (BRIC) Program incentivizes mitigation projects that include nature-based solutions. An example of this is the Lumberton, NC project that created an 8 mile greenway system in the 100 year flood plain, prone to hurricane flood damage. Conclusion: Ensuring Parks and Recreation agencies are prepared for, respond to, return to providing recreation services and opening of recreation facilities as soon as possible following a disaster, is crucial to creating community preparedness, response, recovery and resiliency. Recreation practitioner’s commitment is to enhance the quality of life in the communities served. These efforts are most needed when the “quality of life” is at its lowest. Donna Kuethe is the Executive Director of GP RED – a national non-profit that provides Research, Education and Development for Parks, Recreation, Health, Land Management and Allied Fields. She is the Initiator of the Operation Recreation Response Initiative. Donna retired in 2020 after serving 41 years as the Recreation Director for the Town of Moultonborough.

Rebuilding Resilient Communities through Parks and Recreation: Parks, Recreation and Greenspace Planning play an important role in re-

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Legislative Policy Process Update Thank You to our Participating Members

As many municipal officials already know, our legislative work is a full-time, year-round job. It is an ongoing process and staff members have already been working on laying the foundation for the next legislative biennium. The success of NHMA’s legislative efforts, in large part, depends on you. You work at the level of government that is closest to the citizen and you are uniquely situated to help legislators understand how pending legislation affects your city or town. Thank you to the following member volunteers that are serving on our three legislative policy committees. These committees will review legislative policy proposals submitted by local officials and NHMA affiliate groups and make recommendations on those policies, which will go to the NHMA Legislative Policy Conference in September. Finance and Revenue Cheryl Lindner, Treasury Management Officer, Nashua (Chair) Jim Michaud, Chief Assessor, Hudson (Vice Chair) Karen Anderson, Town Administrator, Hampton Falls Tammy Bakie, Town Clerk/Tax Collector, Kingston Scott Bugbee, Selectman, Lee Michael Capone, Town Administrator, Holderness Terri-Lee Jansky, Assessing Assistant, Sanbornton Kim Kleiner, Administrative Services Director, Nashua Tom McCue, Planning Board Chair, Berlin Chris Sterndale, Town Administrator, Nottingham Ken Traum, Selectman, Hopkinton Bill Duschatko, Councilor, Bedford John Robertson, Selectman, Antrim Stephen D’Angelo, Selectman, Chester General Administration and Governance Dave Caron, Town Administrator, Derry (Chair) Pat Long, Alderman, Manchester (Vice Chair) Angela Brennan, Selectwoman, Bow Laura Buono, Town Administrator, Hillsborough Joe Devine, Assistant Town Manager, Salem Jaseya Ewing, Town Clerk, Plymouth Steve Fournier, Town Manager, Newmarket April Hibberd, Selectman, Bethlehem Kathleen Hoelzel, Selectman, Raymond Dannen Mannschreck, Selectman, Barrington Donna Mombourquette, Selectman, New Boston David Moore, Town Administrator, Stratham Matt Mooshian, Councilor-At-Large, Claremont Danielle Pray, Selectman, Amherst Ken Robichaud, Town Administrator, Northfield Dino Scala, Town Administrator, Wakefield John Shannon, Town Administrator, Milford Judy Strakalaitis, Supervisor of the Checklist, Derry

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Infrastructure, Development and Land Use Shaun Mulholland, City Manager, Lebanon (Chair) Dennis Shanahan, City Councilor, Dover (Vice Chair) Candace Bouchard, Councilor, Concord Jessica Call, Town Planner, Alton Lynn Christensen, Moderator, Merrimack Ben Frost, Planning Board Chair, Warner Laura Gandia, Associate Planner, Londonderry Derik Goodine, Town Administrator, Allenstown Mike Hodder, Planning Board VC, Wolfeboro Robin Irving, Land Use Coordinator, Lancaster Brianna O’Brien, Conservation Coordinator, Hampton Scott Osgood, Selectman, Henniker Scott Scott, Tax Assessor, Portsmouth Michael Sununu, Selectman, Newfields Lindsey Williams, Councilor At Large, Dover Ivy Vann, Planning Board, Peterborough Jeanie Forrester, Selectman, Meredith

M AY / J U N E 2 0 2 2

Drinking Water - A Local and Beneficial Resource In New Hampshire, public water is a very local affair, and your involvement is a great way to enhance your personal wellbeing and community connections. This segment demonstrates public water’s local nature, and how being involved with your water system can be as refreshing as a cold drink on a hot day. WATER SOURCES ARE LOCAL. Whether a pond, lake, or stream, or that field along the river where your wells are located, most towns own the land that contains their water source. The professionals will say “no water, no treatment.” Maintaining and protecting our source water is the most crucial step to ensure an adequate, safe, and economical supply. WATER SYSTEMS ARE LOCAL. Water treatment plants, where source water is tested and treated to meet our needs, are almost always located within the towns they serve. The network of pipes, valves and hydrants used to deliver drinking water to customers is in-the-ground local. Water systems are either stand-alone or managed under the Public Works Department, and governed by elected officials and ultimately, town residents. WATER WORKERS ARE LOCAL. Most likely, the people that produce, treat, and deliver your water are also your neighbors and fellow citizens. They tend to be modest, hardworking, dedicated, and very good at what they do. Thus, they can be as “hidden” as the infrastructure they operate. You may see them in the summer installing new piping along a road, or any time of year, day or night, repairing a broken water main. Give them a smile and a wave as you go by (and plenty of room for safety). WATER CONSUMERS ARE LOCAL. Most water systems serve town centers, although larger systems can extend for miles, even to neighboring communities. Roughly 700,000 New Hampshire residents use public water, delivered by over 2,000 regulated systems. Nationwide, drinking and wastewater infrastructure contributes 20% of our economic growth and is considered one of the greatest public health benefits of the 20th century. Your tap water has come a long way through many processes and people to make it safe and affordable. Public drinking water binds our communities in essential, critical, and hidden ways. Can you imagine a day (or more) without water? Taking an active stewardship role in your communities’ water system is uplifting and rewarding, as seemingly overwhelming factors have made community connections even more important. Scrambling to pay bills, caring for your family, being pressed by the threats and uncertainty of COVID, and the beating drum of dissidence and strife in the news erode our sense of trust and wellbeing. Actively caring for each other – our families, friends, and neighbors – relieves these stresses and builds a shared sense of strength and purpose. It is easy to have a meaningful role in your local water system. Consider the following ways to become an active water steward: • • • •

Contact your Water Department to learn where your water comes from. Advocate for local land use rules that protect your water source. Support equitable water rates that ensure your expected level of service, including both infrastructure investments and staffing needs. Consider a Great Career for Great People in the drinking water industry!

We wish you good fortune in being part of the system that provides your town with clean, safe, and affordable water. Please contact Boyd Smith, President and CEO of the NH Water Works Association if you have any questions about water stewardship in your community.

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RIGGINS RULES Suggested Do’s and Don’ts for the Conduct of Public Hearings and the Deportment of Chairmen and Members of Boards, Commissions and Other Bodies By Fred Riggins 1. Don’t accept an appointment or nomination to a Board, Commission, or Council unless you expect to attend 99.9999 percent of the regular and special meetings, including inspection trips, briefings and public functions where your presence is expected. If your participation falls below 85 percent during any 6-month period, you should tender your resignation. You aren’t doing your job. You aren’t keeping well enough informed to make intelligent decisions, and you are making other people do your work for you. 2. Do create a good impression of city government. Remember that this is the first important contact that many of the people in the audience have had with the administration of their municipality and for some, this is the most important matter in which they have ever been involved. Many will never be back again, and many will never have another such contact and experience. Your performance will create in their minds the picture, which they will always carry with them of “the way the city/town is run.” Make it as pleasant and comforting a picture as possible. 3. Do be on time. If the hearing is scheduled at 7:30, the gavel should descend at the exact hour, and the hearing begun, if there is a quorum. If you have to wait ten minutes for a quorum and there are 100 people in the room, the straggler has wasted two full working days of someone’s time besides creating a very bad beginning for what is a very important occasion for most of those present. 4. Don’t mingle with friends, acquaintances, unknown applicants or objectors in the audience before the meeting and during a recess period, if it can be politely avoided. You will invariably create the impression with the uninformed that there is something crooked going on, especially when you vote favorably on the case of the applicant you were seen conversing with. When the other fellow’s case comes up and you deny it, he says, “Well, it’s easy enough to see that you’ve gotta know the right people if you ever expect to get anywhere around here.” Save your socializing for some other time and place. 5. Don’t discuss a case privately and as a single member of a body with an applicant or objector prior to the filing and prior to the hearing if it can be politely avoided. In the event that it is not avoidable, and many times it is not, be very non-committal, don’t be too free with advice and by all means explain that you are only one member of the body. Be certain that the person concerned understands that you cannot commit yourself in any manner, except to assure him that he may expect a fair and impartial hearing. Even if the case looks pretty good to you it is wise to be pessimistic about the chances of securing approval. 6. Do your homework. Spend any amount of time necessary to become thoroughly familiar with each matter which is to come before you. It is grossly unfair to the applicant and to the city for you to act on a matter with which you have no previous knowledge or with which you are only vaguely familiar. And you will make some horrible and disturbing decisions. 7. Don’t indicate by word or action how you intend to vote during the portion of the hearing devoted to presentations by the applicant, presentations by any persons appearing in objection, and comments by members of the staff. During this period your body is the judge, and the jury, and it is no more appropriate for you to express an opinion as to the proper decision, prior to hearing all of the testimony, than it would be for a judge or any member to announce his firm conviction in the middle of a court trial regarding the guilt or innocence of the defendant. This is not clearly understood by a majority of persons sitting on hearing bodies. It is not too difficult to phrase one’s questions or comments in a manner that implies that you are seeking information rather than stating an irrefutable fact and that your mind is closed to further argument. 8. Don’t fail to disqualify yourself if either directly or indirectly you have any financial interest in the outcome of the hearing, and let your conscience be your guide where it could be said that moral, ethical, political, or other considerations, such as personal animosity, would not permit you to make a fair and impartial decision. In disqualifying yourself, do not state your reasons inasmuch as the mere statement of your reasons can be construed as exerting influence on your fellow members. To avoid all accusations of undue influence, it is generally wise to leave the room and ask that the record show that you did so and that you did not indicate by word or action whether you were in favor of, or opposed to, the matter under discussion. 9. Do rotate the seating in some regular manner each successive meeting to prevent a “strong” member from gradually dominating a “weak” and indecisive member always seated next to him. This will also prevent the forming of little cliques or a not infrequent grouping of members to the left of the Chair who always oppose those to the right of the Chair, regardless of the merits of the case, to the great detriment of the applicant, the City and other interested parties. 10. Do be attentive. Those appearing before you have probably spent hours and hours rehearsing their arguments. The least you can do is listen and make them think that you are as interested as you should be. Refrain from talking to other members, passing notes and studying unrelated papers. 11. Don’t interrupt a presentation until the question period, except for very short and necessary clarifying remarks or queries. Most applicants have arranged their remarks in a logical sequence and the thing about which you are so concerned will probably be covered if you force yourself to be quiet for a few minutes. 12. Don’t permit a person to directly question or interrogate other persons in the audience. All questions should be addressed to the Chair and to the hearing body. When this person has finished his discussion and stated the questions to which he would like to have answers, then the Chair will permit those who care to make an answer to come forward and do so, but only voluntarily. Do not permit anyone to demand answers to all and sundry questions, especially if it is obviously done for the purpose of harassment. 13. Don’t use first names in addressing anyone at all during the course of the hearing. This includes audience, applicants, members of your particular body, even if the person concerned is your brother or your best friend. Nothing, repeat nothing, creates a more unfavorable impression on the public than this practice. It is poor “hearing manners,” destroys the formality of the occasion, and makes the uninformed certain that some sort of “buddy-buddy deal” is

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about to be consummated. If you just can’t bring yourself to call someone Mr. or Mrs., use the third person form and call him “the applicant,” or “the person who is objecting,” or “the gentleman (or lady),” who is appearing here in connection with this case. 14. Do show great respect for the Chair, always addressing the Chairman as “Mr. Chairman,” “The Chairman,” or “Chairman Jones,” and always wait to be recognized before continuing. This will set an example for applicants and others wishing to be heard and will contribute a great deal toward the orderliness of the proceedings. 15. Don’t try to make the applicant or any other person appearing before you look like a fool by the nature of your questions or remarks. This is often a temptation, especially when it is apparent that someone is being slightly devious and less than forthright in his testimony. But don’t do it. If you must “expose” someone, do it as gently and kindly as possible. 16. Don’t become involved in altercations. Some persons seem to come to hearings with the express purpose of “telling them guys down there how the cow ate the cabbage.” If you answer their irrelevant rantings, you are immediately involved in a fight. Don’t answer or try to defend yourself. You are there to hear testimony and make decisions based thereon, not to head up a debating society. Remember, you are the judge and jury. In most cases, it is sufficient to say, “thank you for coming here and giving us the benefit of your thinking. I am sure that the members of this body will give your remarks serious consideration when they are making their individual determinations on the merits of this case. Is there anyone else who wishes to be heard?” 17. Do invite interested parties to come forward where they can see when an applicant is discussing or talking from a diagram, site plan, or exhibit which is not visible to the audience. 18. Do not permit people to leave the podium or the microphone and approach closer to the hearing body except in unusual circumstances, usually to show a small exhibit or to explain some detail. This ordinarily breaks down into a small mumbling session at one end of the dais with one or two members of the hearing body, the others are uncertain about what is going on. The conversation usually does not get recorded, cannot be heard by the audience, and is almost impossible to control from the Chair. 19. Don’t become involved in neighborhood quarrels or wind up as the referee even if you are a veritable Solomon. No matter how fair or impartial you should be, both sides will be mad at you. Stick to the merits of the case and rule out-of-order testimony, which is irrelevant, personal hearsay, and not pertinent to the matter being heard. 20. Do not fail to give a reason when making a motion for approval or denial of an applicant’s request. If you fail to do this, the applicant, any objectors, a reviewing body of higher authority, or the courts may well assume that your decision was an arbitrary one not supported by the facts and should be reversed. Always mention the staff recommendation. 21. Do not take staff recommendations lightly. These recommendations are made after much study by professional people with years of experience in their field and are based on pertinent laws, ordinances, regulations, policies, and practices developed by you and your predecessors. The recommendations of a good staff in possession of all the facts will almost always produce a technically correct recommendation. Your job is to temper this recommendation with information developed during the hearings, which was not available to the staff. It is not unusually for the staff to voluntarily reverse or change the details of its recommendation during the course of a hearing. Always announce the staff recommendations prior to hearing any testimony and always make appropriate mention of it in the final decision. 22. Don’t forget that the staff is there to help you in any way possible. It is composed of very capable professional people with vast experience. Lean on them heavily. They can pull you out of many a bad spot if you give them a chance. Or they may just sit and let you stew, if you do not give them the respect, which is their due. Remember that their usual practice is to remain silent unless they are specifically asked to comment. Most of them consider it presumptuous and unprofessional to inject any unsolicited comments into the hearings. Always ask them to comment prior to the final vote. 23. Don’t try to answer technical questions even if you are sure that you know the answer. You probably don’t and will wind up looking like a fool. Refer these matters to staff. That is one of the things they are there for. They have intimate day-by-day working experience with all the pertinent ordinances and can nearly always give a timely, up-to-the-minute, professional dissertation on any subject in their field. 24. Don’t try to ease your conscience and toss the applicant a bone by granting him something less than he asked for, something he doesn’t want, and something he can’t use. In all cases where it is appropriate, give him what he asked for or deny it. To do otherwise will only encourage applicants to ask for the “moon and the stars” in the hope that they will, at the worst, get the minimum requirements. A reputation for approving or denying applications as filed will result in much more realistic requests and make your job much easier. 25. Do vote by roll call, except for routine administrative matters. This is wonderful character training for each member of the body and emphasizes the “moment of truth” when he must look the applicant in the eye, make his own individual decision, and say “aye” or “nay” in a loud clear voice, all alone, with no one to hide behind. The alternate voting method is difficult for the Secretary to record, doesn’t mean anything on a tape recording, is many times quite confusing and gives cowards an opportunity to change their minds and vote twice when they are caught in the minority. 26. Don’t show any displeasure or elation, by word or action, over the outcome of a vote. This is very bad hearing manners and won’t lead to the maintenance of a friendly cooperative spirit among members of the Body. It will lead to the creation of little cliques whose members vote in a block and become more interested in clobbering each other than in making fair and equitable decisions. 27. Do discourage any post-mortem remarks by applicants, objectors, or members after the final vote and decision are announced, especially those afterthoughts designed to reopen the case. It will invariably result an unpleasant wrangle. Just say, “I’m sorry, but the final decision has been made. If you wish to submit additional testimony, it will be necessary for you to state your reasons by letter and the Body will decide at a subsequent meeting whether or not they wish to reopen the case. The next case on the agenda will be ______________.” 28. Do sit down and have a long soul-searching session with yourself if you find you are consistently “out in left field,” that no one seems inclined to second your profound motions, and that you are quite often a minority of one. You might be theoretically right, and probably are, but give some thought to what is practical, and just. Don’t be “stiff-necked” in your opinions. Give a little. Originally drafted by Fred Riggins, Former Chairman of the Phoenix, Arizona Planning Commission Adapted from the “Planning Commissioners Journal” Number 13/Winter, 1994.

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M AY / J U N E 2 0 2 2

UP CLOSE &

PERSONAL In the Field

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Tim Metivier, former Code Enforcement/Health Officer for the City of Somersworth and soon-to-be Building Inspector for the City of Portsmouth. Congrats on your new position, Tim!

TC: What are your duties and responsibilities as Code Enforcement/Health Officer? TM: By the time this goes to print, I will be a building inspector for the City of Portsmouth. As Code Enforcement/Health Officer for the City of Somersworth, I inspected construction work for code compliance, and respond to complaints from citizens about health issues, or concerns about construction techniques or methods. TC: What is your biggest challenge in performing your duties? TM: The balance between getting citizens to do the right thing and the right way, without causing complaints to reach upper management, which is sometimes unavoidable. Approach and delivery of your findings to the worker’s noncompliance makes the difference between reluctant agreement, or your manager getting called before you even drive off the job site. TC: How has NHMA helped you to do your job? TM: Training and education opportunities for one, but more importantly, since our small city doesn’t have a legal department, getting legal direction from the NHMA legal department has been most valuable.

Tim Metiver

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine? If so, please contact the New Hampshire Municipal Association at 603.224-7447 or tfortier@nhmunicipal.org. 26

TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? TM: During a rough inspection for the transition of small and old post and beam barn, to a home, the contractor cut all four of the angle braced corners between the beams to the post so he could frame in new windows, as the customer wanted. I discovered that some of the tendons were moving out of the mortises. The building was spreading out! I coached this contractor through the installations of special bracketing, threaded rod and oversized washers. He was able to crank the structure back tight, saving it, his customers home, possible personal injury and a possible lawsuit. He was very grateful. A nice letter of gratitude was sent to my superiors and city council. TC: What is the public perception about your job and how does it differ from the reality of your job? TM: I can only speak for me and not my profession, I feel the public originally had a perception of “The Building Inspector” as the person who is going to just point out errors and demand remedy without guidance. It’s possible that’s how my predecessor handled it. I don’t know. Now after 15 years, I find the general population uses me as a resource, most of the time anyway. TC: Has your public position changed you personally? TM: Maybe but only a little. I am more careful about where I go, who I talk to, and things I say. I may have information or knowledge that sometimes is confidential. I also need to be more upstanding than my neighbors. I am not only representing myself, but the community I work in, my coworkers and my profession, at all times. TC: Has your job changed the way you look at the role of government? TM: Yes and no. Somethings happen where I feel that government needs to step up and be a better protector of its citizens and their rights. i.e., if a tenant isn’t getting the plumbing fixed in her unit from an unresponsive landlord, government needs to act within the provisions of the law and help in a timely manner. Sometimes that doesn’t happen, whether the reasons are budgetary, or politics, or perhaps a lack of understanding the role correctly.

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UP CLOSE &

PERSONAL In the Field

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Ken Mills, Select board member in the Town of Carroll.

TC: What are your duties and responsibilities as a Select board member? KM: The ‘book answer’ is managing the prudential affairs of the community. As it appears—it is a vague and broadly encompassing role a person functions in as one of three Select Board members in Carroll, NH. I have come into the position with the understanding of executive level decision-making, but deliberated by three members. Putting the town’s (residents, employees and businesses) overall wellbeing first in our decision-making drives it. TC: What is your biggest challenge in performing your duties? KM: This is my first year in this role. As I have been out of work from my normal job; I have had the opportunity to make good use of the time in getting my feet under me and learning the ropes in this role. Many residents, other elected officials and the town employees have been essential to my work in serving the community as effectively as time and resources permit.

Ken Mills

TC: How has NHMA helped you to do your job? KM: For one thing NHMA has been great at clarifying the variety of roles in public service as well as the resources available to town officials. I have learned the benefits and limits NHMA is able to provide. This has prompted my continuing effort to ‘do my homework’, or research if you will with the various sources of information and data before engaging in public discourse or in decision making. TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? KM: First, I would say I hesitate at taking credit for too much of any actions as there are always a number of people involved. A recent event is indicative of this kind of solution. When faced with the question of whether the town should continue to allow sledding on a hill near our new town hall complex due to questions of safety, liability issues, past practice and town tradition; the Select board—under the advisement of public safety and highway department heads shut the sledding down as an immediate action. Within forty-eight hours the town had come to a solution that limited the liability, greatly increased the safety of sledding on the hill by way of a snow fence donated by a local vendor and we were able to continue the tradition of folks being able to enjoy a winter recreational activity. TC: Tell us a story about an unusual experience you have had while doing your job. KM: With the construction of our new town hall, part of the aftermath was needing to sell the former fire station. This isn’t an often-occurring event. My curiosity drove me to kind of take up the mantle of how the town would want to consider this transaction. I was challenged to find the best modality to follow and bring it to the board for consideration. As one of the board members was also going to be a bidder (thus have to recuse from all deliberations) the challenges mounted. In the end, the other board member and I opted for a public auction. We were able to sell the property for a good price and put it back on the tax rolls. In the end, it is my opinion that most residents were happy with the result. M AY / J U N E 2 0 2 2

NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

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

Regional Planning Commissions Use SADES Modules to Assist Towns in Assessment of Roadways, Culverts, and Sidewalks Contributions from:

James Vayo, AICP, Project Manager, Southern New Hampshire PC; Adam Hlasny, Senior Transportation Planner, Southern New Hampshire PC; David Jeffers, Regional Planner, Lakes Region Planning Commission; Matthew Baronas, Regional Planner, Central New Hampshire RPC; Stephen Geis, Planning Technician, Strafford RPC; and Olivia Uyizeye, Senior GIS Analyst/Planner, Upper Valley Lake Sunapee RPC.

Road Surface Management System

fective paving plan for towns. RPC staff have been invited to present on the RSMS process to several communities in order to help inform community officials and residents on the process used in developing paving plans. Utilizing the RSMS as a tool to educate community officials, many DPWs have adopted a policy of preventative maintenance which has been found to be financially beneficial, saving the community funds in the long run.

Local roads are among the largest infrastructure investments for many New Hampshire communities. Road Surface Management System (RSMS) is one module of the Statewide Asset Data Exchange System or SADES. Regional PlanGood and poor pavement conditions ning Commissions (RPCs) Pedestrian Infrastructure Program can work with municipalities to assess and map curThe Pedestrian Infrastructure Assessment is anothrent pavement conditions and model pavement lifeser module of the SADES framework, and includes pan/degradation using SADES. sidewalks, curb ramps, and crosswalks. These may include analysis of surface material, condition, curbRSMS is a useful tool for cities and towns to plan and ing, obstructions, and accessibility considerations budget for maintenance & repairs. Using a statewide such as width and slope. Inventorying pedestrian instandard, the RSMS tool suggests treatments, docufrastructure can help towns target and prioritize imments a long-range work plan, and works with the provements for sidewalks given limited infrastructure communities to forecast future road conditions and budgets. The program also helps calculate the overall budget for appropriate maintenance of the local road condition of the pedestrian infrastructure network. network. In the City of Concord, this program was used for the roads that are scheduled for maintenance in the A typical Department of Public Works (DPW) coming years. often debates with town officials whether to defer maintenance of roads due to the high costs or to proactively maintain them. Several New Hampshire RPCs including Central, Lakes, Upper Valley Lake Sunapee, and Southern, have used RSMS to quantify, monitor, and forecast the condition of roads for some of the communities within their regions. A pavement condition index is used to calculate maintenance for each section of a town’s road network. Maps, road prioritization, and projections of Pavement Condition Index by Pavement Age (Cost of Repair Noted) road conditions help tailor the most ef-

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City of Concord Sidewalk Network Condition (in Length of Miles)

Stream Crossings Inventory

The Stream Crossings Inventory is the third featured SADES module. The inventory includes structures, such as culverts and bridges, that convey streams under a road. These crossings are a critical component of the road network because instead of driving around the natural systems, they allow vehicles of all sizes to take the shortest routes over streams. The RPCs work with local municipalities to document the condition and functioning of stream crossings. The fieldwork supports local decision-making and the prioritization of stream crossing for maintenance and replacement projects within a town, watershed, or region. The SADES

Stream Crossing Inventory, which began in 2014, holds information on thousands of stream crossings. Inventory data allows NH Department of Environmental Services (NH DES) to run analysis and estimate the risk level of water overtopping the roadway during storm events, degree of aquatic organism passage, and effects on environmental quality. RPCs are able to support local communities in using this data to conduct their own prioritization for stream crossing replacements and maintenance. Through the SADES tools, communities can gain an understanding of where maintenance and improvements are needed. Next steps may include identifying funding sources to help with needed projects from assessment to replacement. Programs such as the Federal Emergency Management’s Hazard Mitigation Grant, the Aquatic Resource Mitigation Fund, the Clean Water State Revolving Fund, or Culvert Flood Risk Assistance are available to help with costs. NH DES regularly offers a free workshop on

water infrastructure funding available through NHDES which town staff may want to consider attending if they are seeking additional funding sources: https://www4.des.state.nh.us/ infrastructure-funding/?p=312 If you have an interest in learning more about any of the SADES modules, please contact your regional planning commission for more information. Contributors: James Vayo, AICP, Project Manager, Southern New Hampshire PC jvayo@snhpc.org 603.669.4664 x307; Adam Hlasny, Senior Transportation Planner, Southern New Hampshire PC ahlasny@snhpc.org 603.669.4664 x306; David Jeffers, Regional Planner, Lakes Region Planning Commission, djeffers@ lakesrpc.org 603.279.5341; Matthew Baronas, Regional Planner, Central New Hampshire RPC, mbaronas@cnhrpc. org 603.226.6620; Stephen Geis, Planning Technician, Strafford RPC, sgeis@ strafford.org 603.994-3500 x112; and Olivia Uyizeye, Senior GIS Analyst/Planner, Upper Valley Lake Sunapee RPC, ouyizeye@uvlsrpc.org 603.448.1680.

Case Study: City of Rochester In 2019, Rochester reached out to Strafford RPC to assess its pedestrian infrastructure using the SADES program. The data collected included sidewalks, curb ramps and crosswalks to inform the town of condition, accessibility, and safety within their infrastructure. The data was gathered by a two-person team to collect data on elements such as cracks, obstructions, slopes, and widths. The team was outfitted with an iPad to record data, tape measure, level, and the SADES protocol. The assessment was completed at an approximate rate of one mile of documentation per hour. “SRPC assisted Rochester greatly in several areas recently. SRPC developed an inventory of the physical condition and ADA compliance of 50 miles of our sidewalk network which has helped the City to prioritize areas where capital improvements should be made, and areas where new sidewalks should be considered.”

Southern New Hampshire Planning Commission Staff Member James Vayo Collecting Field Data on Stream Crossings.

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- Peter C. Nourse, Director of City Services, City of Rochester

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Free Certificate Program

Academy for Good Governance

Build Your Leadership Skills. The Academy for Good Governance is a series of six courses created by NHMA and Primex, exclusively for elected governing body members (select board, town council, city council, board of aldermen, school board, and village district commissioners). Courses are taught by experienced attorneys and staff from NHMA, Primex, HealthTrust, and the New Hampshire School Boards Association (NHSBA). Attendees will receive education and training intended to make them more knowledgeable and effective in their governing body roles. Attendance at the Academy is free and open to governing body members from municipalities and school districts that are members of NHMA, Primex and NHSBA. Registration will open on the NHMA website this summer. Attendees must attend all six courses to receive a Certificate of Completion. All classes will be provided by Zoom and run 5:00 pm—7:00 pm. with classes in September and October.

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M AY / J U N E 2 0 2 2

Tech

Insights By Miranda Hampton, Marketing Coordinator, VC3

How to Best Leverage Your Municipality’s Social Media Account

ocial media is one of the leading forms of communication in 2022, and there are many ways municipalities can leverage it to benefit residents. Whether you haven’t posted to your municipality’s page in a few years or are looking to improve your social media process that’s already in place, these tactics can help you make the best use of your social media accounts.

The City of Tyrone, Georgia used their Facebook profile to post about their upcoming St. Patrick’s Day celebration. They provided the time, location, and activities occurring at their event to encourage people to come out and join them.

Direct Communication with Residents

By having residents follow any of your municipality’s social media pages, you can communicate directly to them. Residents can also message or comment on a post if they have any questions about something. A social media platform can enhance the communication between your municipality and residents. For example, Georgetown County, South Carolina posted on their Instagram page to let their citizens or anyone visiting the county know that their outdoor burning ban had been cancelled.

As another example, the City of Boston, Massachusetts let their community know through Twitter that their Boston Winter Express event had been rescheduled for the following weekend due to rain. This allowed for people to know about the change a lot quicker than by email or having to check the city’s website for an update.

Advertising Events

Social media is a great way to advertise events in your community. You can promote any event—committee meetings, live auctions, car shows, holiday celebrations, blood drives, etc.—on any of the three social media platforms to let residents or visitors know what’s happening in your community.

NEW HAMPSHIRE TOWN AND CITY

Video Livestreams

A great feature that both Instagram and Facebook have is being able to video livestream for activities like events or council meetings. This lets the community participate if they can’t attend in person. The City of Colorado Springs, Colorado uses the livestream option on Facebook for their regular city council meetings. The livestream video then posts to their main feed to allow for residents to go back and watch if they were not able to watch the stream live.

Job Openings

Another great way municipalities can benefit from using social media is through posting about job openings in the community. This type of information can be shared across all three platforms. Check out how the City of Mount Airy, North Carolina made use of their Twitter account to let people know about an open position at the local community center.

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with residents increases in positive ways.

Attracting Tourists

A local government social media page is not only for residents but also for people looking to travel to that area. This applies especially to cities and towns that really thrive off tourism. You can post about things to do, places to eat, and any tourist attractions that show off how wonderful your city would be to visit. A great example of this is shown below from the City of Charleston, South Carolina. They used their city’s Instagram page to promote one of their biggest yearly events that brings in a ton of tourists, along with tagging a local restaurant’s delicious-looking food to encourage people to visit it. A post like this could be utilized across all platforms. These are just a few examples of the ways municipalities can leverage social media. Twitter, Facebook, and Instagram allow for easy ways to get infor-

Miranda Hampton is Marketing Coordinator with VC3.

mation out to your community. Post across all three platforms to reach a bigger audience. When municipalities post on social media, communication

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Legal

Q and A Spring into Background Checks By Jonathan Cowal, Municipal Services Counsel

ith spring approaching and activities such as little league, youth camps and other town sponsored events starting up, many towns are left wondering what their responsibilities are when it comes to background checks for town employees and volunteers. It can be a little confusing to figure out exactly who needs a background check and how to obtain a background check for an employee or volunteer. This article will cover some of the most common questions towns may have when it comes to background checks. Q. Which employees need to have a background check performed? A: The main statute that covers background checks for city and town employees is RSA 41:9-b. Under this statute, the law states that a town may require a background investigation and criminal history records check on any candidate for employment in a position in the town that requires the employee to work with or around children or elderly persons, enter the homes of citizens, or collect or manage money, prior to a final offer of employment. It is important to note that the inclusion of the word may in the statute suggests that this might not necessarily be a requirement. In some situations, it is up to the town, either the governing body or the town manager, to decide whether or not a specific position requires a background check. The statute defines “candidate for employment” to include candidates for volunteer positions as well as full or part time employees. However, RSA 41:9-b is not the only statute which covers potential background check requirements for town employees or volunteers. There are other instances or positions where an employee or volunteer may be required to get a background check before they are allowed to engage in that position. One example is RSA 170-E:56 which covers background checks for recreation camps. This statute requires any entity that operates a youth skill camp to maintain an appropriate policy regarding background checks for camp owners, employees and volunteers who may be left alone with any child or children. When a statute requires a background check to be performed for an employee or volunteer, the age that 36

NEW HAMPSHIRE TOWN AND CITY

triggers the need for someone to be background checked is generally 18 years old, unless otherwise stated. Towns also need to keep in mind that some programs are structured with national guidelines, such as Babe Ruth Baseball and USA Hockey, that require background checks to be conducted on an annual basis at the start of every season. The New Hampshire Department of Health and Human Services website has some further guidance on background checks and youth skill camp programs. This information can be found on their website at www.dhhs.nh.gov. If there is ever a question as to whether or not it is required to have a background check performed on someone before they can engage in their position it is always a good idea to call your town’s insurance carrier for further guidance. Q. The statute makes it optional for the town to perform background checks for most positions, are there any positions that should require a background check? A: Towns should always check with their town attorney or insurance provider if there is any question as to whether or not it is a good idea to get a background check for a particular position. However, it is recommended to perform background checks on employees for the following types of positions: 1. Employees/volunteers working directly in contact with children (e.g., Recreation Department personnel). 2. Employees/volunteers working around children (e.g., Library personnel) 3. Employees/volunteers working with or handling money (e.g., Town Clerk’s Office; Tax Collector’s Office, Finance Department, etc.) 4. Employees/volunteers having to enter residences (e.g., Building Inspector’s Office; Assessor’s Office, Welfare Office; etc.) 5. Employees/volunteers for the Police Department, the Fire Department, and the Ambulance Service www.nhmunicipal.org

Q. What if a background check is performed and there is something concerning there? Does that “disqualify” the person from employment? A: In some instances, the statute which requires a background check will provide guidance on what type of offenses will disqualify a person from holding that position. For example, RSA 170-E:56 holds that no youth skill camp employee or volunteer can have any conviction for an offense involving causing or threatening physical harm to an individual or causing or threatening harm of any nature to a child. For many of the other positions where a background check isn’t required by law, but the town has chosen to seek one, this question comes down to a judgement call. If a candidate for tax collector has a few speeding tickets on their record, that may not be something the town is worried about. However, if they had been convicted in the past of larceny it is probably not a good idea to hire them for a position that gives them access to town funds.

adequately explain what the person was actually convicted of and the police department should be able to provide a more detailed explanation. In addition, your insurance provider or town counsel may be able to advise you on the potential liability consequences of hiring a person for a certain position if they have past criminal convictions on their record. Q. How does a town go about getting a background check performed? A: There are several ways in which a background check can be obtained. Several private companies can perform detailed background checks on individuals, however the easiest option is usually to have the potential employee or volunteer fill out a waiver allowing the State Police to conduct a criminal records check. Simply have the individual fill out the DSSP-256 form located on the New Hampshire State Police website and have them authorize the release of those records to the town. It is up to the town whether or not they are satisfied with a state records check only, or if they want to obtain a federal records check as well. Finally, towns should keep in mind that the release forms for these records will specify who the records can be shared with and no one other than the authorized entities should be allowed to view the records.

If a town employee in charge of hiring for a particular position has a concern about something on a prospective employee’s background check they can always check with their Jonathan Cowal is the Municipal Services Counsel with the local police department, town counsel, or insurance providNew Hampshire Municipal Association. He may be contacted er to discuss the implications of hiring that person. Certain at 603.224.7447 or at legalinquiries@nhmunicipal.org. crimesMember can have confusing names or titles that don’t always Highlight: Classified Ads Postings

Member Highlight: Classified Ads Postings

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

online without job and/or ad postings at www.nhmunicipal.org. TheNHMA postings areoffers availablean to members a charge classified and The postings are available to members without a charge and appear on the website for up to two appear on the website for up to two months, or less, demonths, less, de-pending schedule. This can include job postings, bids, for sale items, pending on yourorschedule. This can includeonjobyour postings, forRequest Proposals (RFPs), Re-quest for Qualifications (RFQs). Municipal employers bids,Request for sale items, for Proposals (RFPs),and and Repost-ing jobs can include information quest for Qualifications (RFQs). Municipal employers post-on the position’s hours, job description, qualifications, pay, process and ing application jobs can include information on thedeadline. position’s hours, job description, process andad to NHMA’s website, but not quite sure how to do it, If you qualifications, would likepay, to application post a classified deadline. 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.

Sansoucy Associates

Providing Utility and other Special Purpose Property, USPAP Compliant Valuations and Assessment Reports for Generation, Transmission and Distribution of Electric, Gas, Water, Oil, Telecommunications, Cable TV, Wireless, and all Forms of Renewable Energy. Regulatory, Policy, Expert Witness, and Eminent Domain Consulting. Offices in Lancaster, NH and Fountain Inn, SC. Phone: (603) 788-4000

www.nhmunicipal.org

Website: Sansoucy.com

Email: gsansoucy@sansoucy.com

M AY / J U N E 2 0 2 2

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NEW HAMPSHIRE TOWN AND CITY

Inter ware Development www.nhmunicipal.org

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

2022 Local Officials Virtual Workshop

Free Virtual Training Event!

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

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

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

For more information and to register visit: Please contact our Event Coordinator, Ashley Methot at 603-230-3350 or nhmaregistrations@nhmunicipal.org. www.nhmunicipal.org

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Leaders Who Authentically Embrace Diversity, Equity and Inclusion Believe These 8 Things By Christopher Johnson, NLC Board Member

verywhere you turn, organizations are posting diversity statements on their websites and hiring leaders to oversee diversity, equity and inclusion efforts. But “diversity, equity and inclusion” (DE&I) is not a corporate buzz phrase or leadership trend; it represents the non-negotiable pillars on which strong cultures must be built. Here are eight things that leaders who authentically embrace diversity, equity and inclusion believe.

1. Diversity, equity and inclusion are everyone’s responsibility.

In recent years, organizations have started hiring chief diversity officers and building DE&I departments. While organizations must create greater accountability for and focus on this work, a single department or position is not a substitute for building and cultivating an authentic culture of diversity, equity and inclusion. To advance a culture of DE&I, establish organizational values that tie to your mission and performance objectives. When appropriately used, organizations can develop resources and tools built upon those values to help staff further their understanding and self-awareness and guide hiring decisions and employee expectations.

2. No marginalized population is more important than another.

Leaders who authentically embrace DE&I understand that there are many marginalized populations in our society and the workplace. DE&I issues go beyond race, including sexual orientation, gender, disabilities and more. Inclusive leaders advocate for all marginalized populations and understand the intersectionality of these issues. For instance, being Black can also intersect with having a disability or identifying as LGBTQ. These issues are allencompassing, and inclusive leaders get that.

3. One person’s life experience doesn’t discredit another’s.

Perception isn’t reality. The lens through which we see the world shapes our reality. Truly inclusive leaders understand that everyone has different life experiences, even if we come from similar populations. They can listen to those experiences and acknowledge that they are genuine and authentic without judgment or defensiveness.

4. Words do matter.

Many people mistake words like “diversity,” “equity,” “equality,” and “inclusion” as being interchangeable. They are not. Leaders who authentically embrace DE&I know this and seek to broaden their understanding — for themselves and in support of others. Here are some simple ways to think about these terms. When it comes to diversity and inclusion, imagine being at a high school dance. Diversity is making sure everyone is invited to the event, while inclusion is asking the people there who are different from them to actually dance. When it comes to equality and equity, think about a middle school basketball team. If you gave every player size seven shoes, that would be equal — they’d all have a pair of shoes. But, of course, everyone’s feet aren’t a size seven, and one size does NOT fit all when it comes to shoes (or most things in life!). Equity is making sure everyone gets a pair of shoes that fit so they can participate on a level playing field.

5. Actions mean more than words.

In talking with many people about diversity, equity and inclusion, I often hear concerns about saying or doing something wrong. Many individuals share vulnerable moments about realizing they’ve done something wrong in the past that may have contributed to institutional marginalization or racism. Recognizing that mistake isn’t what’s wrong; it’s not doing anything about it moving forward once you’re aware of it that’s a problem. Inclusive leaders can reflect on their actions and behaviors and identify how to take action to mitigate them.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

6. Embracing allies is essential.

A true champion of diversity, equity and inclusion doesn’t push someone away who genuinely wants to advance change because they look different than them. Questions are better than assumptions. If someone genuinely comes to you to understand and learn, give them the opportunity to learn. Change only happens when we can capture the minds, hearts and actions of those who don’t look like us or have the same life experiences.

7. Change starts by meeting people where they are.

Think about a 5K race. Some people can go out and run 3.1 miles any day of the week with ease. Others may be unable to run for 30 seconds without stopping. Inclusive leaders understand that different people are at various places along the continuum in their journey. Introducing enhancements to an organization’s culture takes time and conversations. Authentically committed leaders identify where people are and create safe spaces for dialogue and engagement. They have the courage to have uncomfortable conversations with their staff, board and partners about these issues and aren’t afraid to raise challenging questions.

8. There is no finish line.

Each of us is continuously learning, no matter who we are or where we come from. This work is complex and multifaceted. There is no way to address everything overnight, and certainly not without making mistakes along the way. Inclusive leaders are consistently trying to improve and be better when it comes to embracing diversity, equity and inclusion — working on it, prioritizing their focus on it, and ultimately building and strengthening a long-term culture of DE&I to change the future. Christopher Johnson is a senior social responsibility specialist at Mosaic and a member of the Nonprofit Leadership Center’s board of directors. He also co-leads NLC’s diversity committee. READ FULL REPORT HERE: https://nlctb.org/tips/inclusive-leadership/?gclid=CjwKCAiA6Y2QBhAtEiwAGH ybPex2an7vwFncLqXqevChlQwVq_jo0Gr66pe7pCgOOnLSYL1VsS2Z5RoCvj4QAvD_BwE

Court

Update

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

Now available online:

February 2022 Under RSA 106-H:14 There is a Categoric Exemption for 911 Recordings from the Right-to-Know Law. This Exemption Applies Not Only to the Name, Number and Location of the Caller but Also to the Content of the Recording, B&C Management v. NH Division of Emergency Services, New Hampshire Supreme Court Case No. 2020-0052, 02/23/22

January 2022 Under RSA 236:112 Property Inundated with Junk is a “Junk Yard” Even if the Owner is Not Selling Junk, Town of Lincoln v. Joseph Chenard, New Hampshire Supreme Court Case No. 2020-0316, 01/19/22

www.nhmunicipal.org

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Celebrating the 53rd Annual Professional Municipal Clerks Week May 1 through 7, 2022 will be the 53rd Annual Professional Municipal Clerks Week. Initiated in 1969 by the International Institute of Municipal Clerks (IIMC) throughout the United States, Canada and 15 other countries, the week is a time of celebration and reflection on the importance of the municipal clerk’s office. In 1984, President Ronald Reagan signed a proclamation that officially declared Municipal Clerks Week the first full week of May. Typically this recognition involves a week-long series of activities aimed at increasing the public’s awareness of Municipal Clerks and the vital services they provide for local government and the community.

The Municipal Clerk is the oldest of public servants in local government, along with the tax collector. When the early colonists came to America they set up forms of local government to which they had been accustomed, and the office of clerk was one of the first to be established. When the colonists first settled in Plymouth, Massachusetts, they quickly appointed a person to act as recorder. That person kept all the vital records for birth, marriages and deaths for the church, as well as various other records of appointments, deeds, meetings, and the election of officers at the annual town meeting. Indeed, in Massachusetts, the town clerk was one of the earliest offices established in colonial towns. The settlers were well aware of the importance of keeping accurate written records of their agreements and actions including grants of land, regulations governing animals, the collection of taxes and the expenditure of town funds. The person given the responsibility for recording these orders was also often given other duties, such as sweeping the meeting-house and selling the seats, ringing the bell, and paying the bounty for jays and blackbirds whose heads were presented to him by the citizens. By the middle of the 17th century, the title town clerk appears in town records and this title has continued to the present.

Over the years, municipal clerks have become the hub of government, the direct link between the inhabitants of their community and their government. The clerk is the historian of the community, for the entire recorded history of the town (city) and its people is in his or her care. The eminent political scientist, Professor William Bennett Munro (1934), stated: "No other office in municipal service has so many contracts. It serves the mayor, the city council, the city manager (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together." These words, written almost 90 years ago, are even more appropriate today. SOURCE: https://www.iimc.com/DocumentCenter/View/178/History-of-the-Municipal-Clerk?bidId= 42

NEW HAMPSHIRE TOWN AND CITY

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JOIN US IN JUNE FOR EFFECTIVE CODE ENFORCEMENT WORKSHOP

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

Thursday, June 2, 2022 Building inspectors, code enforcement officers, fire chiefs, health inspectors, and various other municipal officials are responsible for the enforcement of a variety of codes, regulations, and ordinances related to the use of land. These include both local regulations, such as zoning ordinances, site plan and subdivision regulations, health regulations, and the conditions of approval that accompany many land use board approvals, as well as state law, such as the State Building and Fire Code and statutes governing junkyards.

Effectively enforcing these various codes and regulations can pose a challenge to municipalities. Join attorneys from the law firm of Drummond Woodsum for this half-day hybrid workshop which will provide you with practical guidance on how to navigate the nuanced procedures associated with code enforcement, as well as practical advice in pursuing an enforcement action against non-compliant property owners. Our legal experts will address some of the most difficult issues under the law, including junkyards, dilapidated buildings, and health codes. There will be ample time for questions and answers on all aspects of the law. Attendees will receive an electronic copy of the publication, A Guide to Effective Enforcement: Investigating and Enforcing Code and Land Use Violations and the 2022 Supplement. Additional materials such as the PowerPoint presentation will also be distributed electronically. No print outs of the materials or hard copy of the publication will be provided.

$55

$65

Virtual Fee

In-person Fee

Pre-registration and payment is required. If you register but cannot attend, a recording of the workshop will be provided as long as payment has been received. Questions? Please contact our Event Coordinator, Ashley Methot at 603230-3350 or nhmaregistrations@nhmunicipal.org.

www.nhmunicipal.org

M AY / J U N E 2 0 2 2

Interested in Joining the Statewide Broadband Investment Planning Network?

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

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

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

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

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

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

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— This Moment in NHMA History — 2010 – 12 years ago… The American Rescue and Recovery Act allocated $6.6 million in grant funding to 65 cities and towns across the state focused on energy efficiency and sustainability efforts, large and small. An additional $2 million in grant funds were made available to launch a technical assistance program to further assist local governments in achieving energy efficiency.

Towns across New Hampshire are always searching for ways to revitalize town meetings, improve voter participation, and maintain their sense of community. Declining participation, increased complexity of the issues, escalating financial pressures, increased mobility and a weaking of ties to small-town community have all strained the open town meeting form of government.

Perambulation, or boundary walking, as required by state law, requires selectmen of towns (and cities) to survey the marks and bounds every 7 years. While perambulation was a colonial import, perambulation of municipal boundaries became a secular, civic responsibility in this country. In recent years, the state legislature has considered updating this mandate without reaching consensus.

NAME

THAT

TOWN OR

CITY

? ?

According to its website, this town was founded in 1768 by several families originally from Hampton, New Hampshire. Founder John Cram built grist and sawmills here and the town was initially a collection of farms with several small centers of activity: The Lower City, Upper City, Knowlton’s Corner and the Berry District. Each of these places had a number of homes and some combination of stores, churches, schools and mills. Within a few decades, the “Lower City” became the dominant political, social and industrial center of activity. The town was incorporated on March 22, 1782 and its first meeting house erected in 1789. When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the July/August 2022 issue. ANSWER TO PHOTO IN THE MARCH/APRIL ISSUE: The photo on page 55 in the last issue of New Hampshire Town and City magazine is that of the town hall in the Town of Cornish. Thanks to: Marshall A. Buttrick (Greenville); Fred McGarry (Deerfield); Fred Welch (Ashland); Sarah Downing (Walpole); and Barbara Cannon (Chester) who all responded with the correct answer.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

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

$70

Please Join Us!

FOR ADDITIONAL DETAILS AND REGISTRATION Please call us at 603.230.3350 or email us at nhmaregistrations@nhmunicipal.org.

www.nhmunicipal.org

M AY / J U N E 2 0 2 2

Investigations 101 12:00 noon – 1:00 pm Wednesday, May 18, 2022

Upcoming Webinars NHMA will be hosting two complimentary webinars in May and June for members of the New Hampshire Municipal Association.

Allegations of employee misconduct are a serious matter especially when alleged against an employee of your city or town. To maintain community confidence in your municipal government, this situation requires a prompt, thorough, accurate and timely investigation. Enhance your investigative skills by joining Talesha SaintMarc, an experienced labor and employment attorney and workplace investigator from Bernstein Shur, who will examine when municipalities need to conduct an investigation, the scope of the investigation, how to prepare to investigate, and how to use basic interview techniques, including assessing witness credibility. Attorney Saint-Marc will also discuss when municipalities should consider hiring an outside investigator and the development of an investigative report or summary as a means to restore public confidence and accountability. There will be ample time for questions and answers.

The Workings of a Planning Board 11:30 am - 1:00 pm Wednesday, June 29, 2022 This webinar is geared for new planning board members and alternates, as well as seasoned veterans who want a refresher course on planning board basics.

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

NEW HAMPSHIRE TOWN AND CITY

Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Jonathan Cowal who will discuss what is a completed application, the timeline for planning board review, conducting meetings and public hearings, the use of third-party consultants, the zoning amendment process, scattered and premature development, off-site exactions, innovative land use controls, driveways, the Right-to-Know Law and more. This webinar is open to all NHMA members and will benefit not only new Planning Board members, but also governing bodies, and other land use board officials who want to better understand the different roles and responsibilities of various municipal officials in these positions.

www.nhmunicipal.org

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New Hampshire Town and City Magazine, May-June 2022

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Up Close and Personal in the Field: Ken Mills

NLC Report: Leaders Who

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