New Hampshire Town and City January - February, 2016 by New Hampshire Municipal Association

January/February 2016

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

An Extraordinary Year..................................................8 The Calm Before the Storm?......................................13 15 Tips for a Successful Legislative Session..............17 Concerned Legislators Form Coalition Against Downshifting..............................................................19

Contents Table of

Volume LIX • Number 1

January/February 2016

3 A Message from the NHMA Board Chair

An Extraordinary Year

The Calm Before the Storm? Legislature Has Plenty in Store on Municipal Issues

36 Tech Insights: Hook, Line & Sinker!

Concerned Legislators Form Coalition of Legislators Against Downshifting (CLAD)

38 The HR Report: Responding to the Challenge of Rising Health Insurance Premiums

Model Behavior: Working Closely with Your Local Legislative Delegation

40 Legal Q and A: Election Readiness

74th Annual Conference Highlights

NHMA Celebrates 75th Anniversary in 2016

5 Happenings 7 Upcoming Events 34 Up Close and Personal on the Board: David Stack 35 Up Close and Personal in the Field: Chief David Goldstein

Photo Correction: Jeff Schall, Selectman in Gorham, informs us the cover photo on the November/December 2015 issue of Town and City was “actually taken in Gorham looking up stream from the Peabody River.”

New Hampshire Town and City Magazine Staff

Executive Director Editor in Chief

Judy A. Silva Timothy W. Fortier

Contributing Editors Margaret M.L. Byrnes Barbara T. Reid Art Director

Scott H. Gagne

Production/Design

Scott H. Gagne

Cover Photo: Rob Lemieux, HealthTrust staff. Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. Individual copies are $10.00 each. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301. NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2016 New Hampshire Municipal Association

www.nhmunicipal.org

JANUARY/FEBRUARY 2016

New Hampshire Municipal Association

Board of Directors The Board of Directors oversees NHMA’s league services. The board is comprised of 25 local officials elected by NHMA member municipalities.

CHAIR

Scott Myers, City Manager, Laconia VICE CHAIR

Shelagh Connelly, Selectman, Holderness TREASURER

Donna Nashawaty, Town Manager, Sunapee IMMEDIATE PAST CHAIR

Stephen Fournier, Town Administrator, Newmarket

Candace Bouchard, Councilor, Concord Butch Burbank, Town Manager, Lincoln Ben Bynum, Clerk/Tax Collector, Canterbury David Caron, Town Manager, Jaffrey Philip D’Avanza, Planning Board, Goffstown Elizabeth Dragon, City Manager, Franklin M. Chris Dwyer, Councilor, Portsmouth Elizabeth Fox, Asst. City Mgr./HR Director, Keene Bill Herman, Town Administrator, Auburn Priscilla Hodgkins, Clerk/Tax Collector, New Castle Elaine Lauterborn, Councilor, Rochester Brent Lemire, Selectman, Litchfield Patrick Long, Alderman, Manchester Harold Lynde, Selectman, Pelham Jim Maggiore, Selectman, North Hampton Shaun Mulholland, Town Administrator, Allenstown Nancy Rollins, Selectman, New London John Scruton, Town Administrator, Barrington David Stack, Town Manager, Bow Eric Stohl, Selectman, Columbia Teresa Williams, Town Administrator, Wakefield

Affiliate Groups

Affiliate Groups are those groups whose members are comprised of mostly municipal officials, usually municipal professional organizations in the State of New Hampshire. Affiliate Groups are not entitled to any membership benefits and there are no annual fees for this status. Some of these Affiliates conduct their annual meetings in conjunction with the NHMA’s annual conference each November. Animal Control Officers Association of New Hampshire Association of NH Public Employer Human Resource Administrators Fire Instructors and Officers Association of NH Granite State Rural Water Association Municipal & Governmental Law Section of the NH Bar Association Municipal Management Association of NH NH Association of Assessing Officials NH Association of Conservation Commissions NH Association of Emergency Medical Technicians, Inc. NH Association of Fire Chiefs

NH Association of Housing Authorities NH Association of Regional Planning Commissions NH Building Officials Association NH Cemetery Association NH City & Town Clerks’ Association NH Coalition for Community Media NH Economic Development Association NH Fire Prevention Society NH Government Finance Officers Association NH Health Officers Association NH Library Association NH Library Trustees Association NH Local Government Information Network

NEW HAMPSHIRE TOWN AND CITY

NH Local Welfare Administrators Association NH Municipal Lawyers Association NH Planners Association NH Public Works Association NH Public Works Mutual Aid Program NH Public Works Standards and Training Council NH Recreation & Park Association NH Road Agents Association NH State Firemen’s Association NH Tax Collectors’ Association NH Water Pollution Control Association Northeast Resource Recovery Association Working Dog Foundation

www.nhmunicipal.org

A Message from the

It’s what’s underneath that counts wastewater, water, stormwater roads, solid waste, planning design, construction services funding, municipal services

civil & environmental engineering

Concord, NH 603.230.9898 Portsmouth, NH 603.436.6192

NHMA

BOARD CHAIR A

Scott Myers

s we turn the calendar to 2016, it is an exciting time for local governments in New Hampshire. Cities swear in new and returning elected officials, town meetings are right around the corner and, of course, the national spotlight is on us with the first in the nation presidential primary. Another exciting event in 2016 is the New Hampshire Municipal Association’s 75th anniversary, having been founded in 1941. You can read more about this milestone celebration in the pages that follow. NHMA remains a strong member-governed, member-driven organization with a talented and dedicated staff focused on providing advocacy, educational resources, training, legal services and information to our members. We look forward to continuing to partner with all of you in the years ahead. Thank you for your support of NHMA and please let us know how we can better serve you and the needs of local governments in 2016 and beyond.

www.underwoodengineers.com

With warm regards,

certified public accountants

experience counts We know New Hampshire governments. Your needs come first at Vachon Clukay & Company, PC, so we’ve structured ourselves to fulfill all of your service needs.We provide the following services:

Scott Myers City Manager, Laconia Chair, NHMA Board of Directors

Auditing Accounting Support and Training Advising Personalized “Team” Service Expertise in How Your Organization Operates Computerized Forms Operational Management Studies We want to be part of your team. For personal attention contact: Robert L. Vachon, CPA 608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com

www.nhmunicipal.org

JANUARY/FEBRUARY 2016

SAVE THE DATES 2016 Town & School Moderators Workshops Traditional Meeting

SB 2 Meeting

Saturday, February 20

Saturday, January 9 Snow date: Saturday, January 23

Snow date: Saturday, February 27

9 a.m.—12:30 p.m. 25 Triangle Park Drive, Concord, NH Cost: $45 Registration and continental breakfast begin at 8:30 a.m. Attendees will receive a copy of NHMA’s 2016-2017 edition of Town Meeting and School Meeting Handbook.

Topics include: The Basic Law of Town, Village District and School District Meeting Statutes governing the moderator’s duties at town, village district and school district meetings will be discussed along with issues related to warrant articles, the operating budget, secret ballot voting and other town meeting issues. These topics will be addressed in two concurrent sessions tailored for new and experienced moderators. Ample time will be devoted to questions and answers.

Strategies for Running a Smooth Meeting Moderators are faced with a challenging task: keeping meetings focused and fair to all participants, while effectively facilitating the flow of debate. This session will highlight suggested strategies for running respectful and efficient meetings.

Sample Scenarios

CALENDAR OF EVENTS.

A series of sample scenarios will help attendees prepare for a wide range of meeting challenges.

Online pre‐registra�on required one week prior to each date. Space is limited.

Customized Training for Beginner & Advanced Officials

Ques�ons? Call 800.852.3358, ext. 3350 or email NHMAregistra‐ 4

This year the workshop will be divided into beginner and advanced sections catering to the needs of newly-elected officials as well as seasoned veterans.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

HAPPENINGS NHMA Elects New Board Members At its recent annual meeting in November, NHMA’s membership elected five new members to NHMA’s Board of Directors: Candace Bouchard, Concord city councilor; Elizabeth Fox, Keene assistant city manager/ HR director; Priscilla Hodgkins, New Castle clerk/tax collector; Shaun Mulholland, Allenstown town administrator; and Nancy Rollins, New London selectman. In addition, six incumbent board members were re-elected. NHMA wishes to welcome our new and returning board members. Departing board members include: Allen Bennett, Concord city councilor; Jill Collins, Hinsdale town administrator; and Sue Desruisseaux, Goffstown town administrator/deputy treasurer. The Association would like to give special thanks to these individuals for their time and service on our board.

Northeast State Municipal League Leaders Meet Active and retired executive directors from municipal leagues across the Northeast celebrated the recent retirement of Steve Jeffrey from his post in Vermont. Former New Hampshire executive director, Maura Carroll, took over Jeffrey’s position in July. Congratulations Maura! From left to right: Maura Carroll (Vermont), Chris Lockwood (Retired, Maine), Judy Silva (New Hampshire), Geoff Beckwith (Massachusetts), Steve Jeffrey (Retired, Vermont), Dan Beardsley (Rhode Island), John Andrews (Retired, New Hampshire), and Mike Sittig (Florida).

in five locations throughout the state addressing planning and zoning issues.

Board members oversee all NHMA programs and services to members, including legislative advocacy, legal and financial advisory services, training, publications, and more.

Fall Law Lecture Series Well Attended by Members (photo right) Attorney Adele Fulton, standing, and Attorney Bernie Waugh seated, both from the law firm of Gardner, Fulton & Waugh, P.L.L.C, based in Lebanon, New Hampshire, speak before a crowd of thirty members at the Newmarket Town Hall who came to better understand the issues surrounding grandfathering and vested rights at one of NHMA’s fall Municipal Law Lecture Series. Each year, NHMA hosts a series of three land use lectures held www.nhmunicipal.org

New Hampshire Building Officials Association Receives National Recognition as “Chapter of the Year” Award

William McKinney, City of Nashua; Bruce Buttrick, Town of Bow; Carrie Rouleau-Cote, Town of Auburn; Audrey Cline, Town of Stratham; Steve Paquin, Town of Belmont; Wayne Richardson, Town of Bedford. The New Hampshire Building Officials Association was recently recognized as the National 2015 Chapter of the Year through the International Code Council at their annual business meeting in Long Beach, California. This honor is bestowed upon one membership chapter throughout the ICC national organization commending excellence and achievements in contributing to the code enforcement profession.

Showcasing the award on behalf of the New Hampshire Building Officials Association (L to R next column): Michael Santa and Tedd Evans, City of Concord; Dario Carrara, Town of Peterborough; Mark Morong and Tom Johnson, Town of Durham; JANUARY/FEBRUARY 2016

Established in May 1965, the New Hampshire Chapter has been celebrating 50 years of helping to build better communities through adoption, education and enforcement of building and life safety codes. This award acknowledges the role that the New Hampshire Building Officials have served in leadership, dedication and service, not only in our State of NH, but within the New England region and Nationally.

19, 2016 at the Grappone Center in Concord, NH. Many of New Hampshire’s working families struggle to make ends meet due to two opposing forces: lagging income growth and the rising cost of basic necessities. NHFPI’s 3rd annual policy conference will examine these challenges and explore solutions to enhance economic security and foster shared prosperity for all Granite Staters. Making Ends Meet will be held from 8:30 a.m. to 3:00 p.m. Pre-registration is required. Visit www. nhfpi.org to learn more and register.

For more about the New Hampshire Building Officials Association, visit their website at www.NHBOA.net.

New Hampshire Municipal Technical Assistance Grant Program (MTAGP)

HAPPENINGS from page 5

Plan NH, in partnership with NH Housing, is pleased to announce a new initiative, the NH Municipal Technical Assistance Grant Program (MTAGP). Its purpose is to provide funds, though a competitive application process, to

assist communities that want their zoning regulations to support housing options for the diverse and changing needs of their citizens. • Grants will range from $2500 to $10,000 • A 25% cash match will be required • Grants may be used for planning consultants (including Regional Planning Commissions) to assist in ºº Evaluating current regulations and determining need(s) for changes/additions ºº Creating or amending current regulations • A portion of each grant must be used for outreach and community input on the project. Complete information and applications will be available January 4, 2016 at www.plannh.org. Applications are due April 4, 2016, and selected communities will be announced in May.

NHMA’s Executive Director Judy Silva Elected to National League of Cities Board of Directors

NHMA’s Johnston Knows New Hampshire’s Right-to-Know Law NHMA’s Government Affairs Counsel, Cordell Johnston, addresses issues related to New Hampshire’s Right-toKnow Law before the New Hampshire Emergency Dispatchers Supervisors training session held at NHMA offices on September 24, 2015.

Making Ends Meet: Enhancing Economic Security, Fostering Shared Prosperity The New Hampshire Fiscal Policy Institute will host Making Ends Meet: Enhancing Economic Security, Fostering Shared Prosperity on Friday, February 6

NHMA’s executive director, Judy Silva, was recently elected to the National League of Cities (NLC) 2016 Board of Directors at the 2015 Congress of Cities & Exposition held in Nashville, Tenn. Silva, who will serve a two-year term, will play a key role in guiding the nation’s largest and most representative membership and advocacy organization for city officials. Over the next two years, Silva, will participate in six Board of Directors meetings at NLC convenings in Washington and across the nation. “NLC does on the federal level what NHMA does in New Hampshire—advocacy for municipal interests and programming to make local governments the best they can be,” said Silva. “After almost 25 years with NHMA and working with local officials, I believe more than ever in the importance of strong and effective local governments to serve the citizens of the state. I am grateful for the support of the NHMA board for my appointment to this position.” In her role on the Board, Silva will help to guide NLC’s strategic direction and set the organization’s advocacy priorities and operational goals. Board members are selected by a 15-member nominating committee, and are confirmed by a vote by NLC’s membership.

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 or 800.852.3358, ext. 3350.

JANUARY New Year’s Day (NHMA Offices Closed) Friday, January 1 Webinar: Make Your City or Town “Election Ready” for 2016 Wednesday, January 6 12:00 p.m. – 1:00 p.m. Moderator’s Workshop for SB2 Meeting NHMA Offices, Concord Saturday, January 9 9:00 a.m. to 12:30 p.m. Snow date: January 23 Webinar: 2016 State Legislative Preview: What’s All the Excitement About? Monday, January 11 12:00 p.m. – 1:00 p.m. Workshop: It’s a Hard Road to Travel: Don’t Go it Alone! NHMA Offices, Concord Friday, January 15 8:30 a.m. to 12:00 p.m. Martin Luther King/Civil Rights Day (NHMA Offices Closed) Monday, January 18

FEBRUARY Webinar: How to Ensure a “Clean Vote” in Your Municipality Wednesday, February 3 12:00 p.m. – 1:00 p.m. President’s Day (NHMA Offices Closed) Monday, February 15 Moderator’s Workshop for Traditional Town Meeting NHMA Offices, Concord Saturday, February 20 9:00 a.m. to 12:30 p.m. Snow date: February 27

www.nhmunicipal.org

JANUARY/FEBRUARY 2016

An Extraordinary Year Two Thousand Fifteen

was another extraordinary year for the New Hampshire Municipal Association. From my perspective as executive director, our 2015 successes are due to strong support from our membership, an engaged board of directors, and a great staff. We continue to thank the 99% of New Hampshire’s cities and towns that renewed their membership in NHMA. Everything we do is for you, our members, whether it is legislative advocacy, Town & City magazine, providing legal advice, or presenting workshops. We count on the support of our members so we can continue to support our members! Our membership includes village districts and counties, where we have added members over the past year, as well as regional planning commissions. Employees and officials from these political subdivisions attend workshops and webinars and receive copies of our publications.

Publications Worthy of special note for 2015 is the update to A Hard Road to Travel: New Hampshire Law of Local Highways, Street, and Trails. Last updated in 2004, this NHMA signature publication had long been on the “to do” list for a revision, and with the help of a former NHMA staff attorney, we finally completed the task. The new edition has been “flying off the shelf” and the first workshop using the new tome was fully booked (at 100), so more are scheduled. NHMA staff produces a number of publications throughout the year. In addition to the Municipal Officials Directory and the online Wage and Salary Survey (produced biennially), there are several periodicals. • Town & City magazine is published six times each year and mailed to over 2,500 people. This magazine contains educational articles, a legal Q&A, local official profiles, and much more. • NHMA Newslink, the electronic newsletter, is issued biweekly to over 3,200 interested individuals in the municipal marketplace. Newslink is NHMA’s vehicle to provide timely court updates about recent local, state, and federal court decisions to members. It also includes information about upcoming workshops and webinars, both NHMA sponsored and those sponsored by others. • NHMA Legislative Bulletin is emailed weekly during the legislative session to make sure members know what is going on in the general court—the New Hampshire House of Representatives and the Senate. It lists the bills of municipal interest, upcoming hearings, and most importantly NHMA calls to action on bills that will harm or help municipalities. Watch for a new feature in the 2016 Bulletin. Staff also write and revise the handbooks which go with various workshops, including the Town and School Meeting Handbook,

NEW HAMPSHIRE TOWN AND CITY

20 15 www.nhmunicipal.org

Knowing the Territory: A Survey of Municipal Law for New Hampshire Local Officials, The Art of Welfare Administration, The Basic Law of Budgeting: A Guide for Town, Village Districts and School Districts, and the three Municipal Law Lectures, produced by the various speakers.

Workshops and Educational Programming NHMA offered a very broad range of training topics and opportunities in 2015, reaching more local officials than ever. • The monthly webinar series covered topics from the local regulation of agriculture to cutting trash costs to local welfare to public records, and drew an attendance of over 700 local officials from more than 130 different member entities. These officials never had to leave their offices to attend these free interactive webinars. • NHMA hosted four free regional Right-to-Know Law workshops in Plaistow, Salisbury, Berlin, and Durham, attended by over 140 local officials. • The full-day Budget and Finance Workshops, held in Manchester and Bartlett, were attended by over 220 local officials, including budget committee members, finance directors, and selectmen. • The 2015 Moderators’ Workshops drew over 90 moderators from around the state, who learned the latest law changes and shared their “tricks of the trade” with others who serve in this unique position. (See elsewhere in this magazine for information on the 2016 Moderators’ Workshops—scheduled separately for SB 2 and traditional towns.) • In April and May, we held five Local Officials Workshops, geared primarily for newly elected (or appointed) municipal officials, but which also provide a good review for seasoned officials! The 2015 workshops were held in Keene, Bethlehem, Conway, Durham, and Concord and served 138 officials. (Watch for the 2016 schedule in the next magazine!) • 450 member officials participated in the Municipal Law Lecture Series in September and October 2015, offered in 5 locations around the state, including for the first time a video-conferencing option in Gorham. These lectures have been presented by NHMA for over 25 years and have proven to be one of the most popular offerings, with their focus on varying aspects of land use law and practices. Law lecture materials, for those who missed the lectures, are available in the NHMA store on NHMA’s website (www.nhmunicipal.org).

www.nhmunicipal.org

Finally, 2015 was the second year of the NHMA On Demand program, a fee-for-service training option where staff travel to requesting municipalities to present two-hour sessions on a predetermined list of topics. (See page 11 for more information.) In 2015, staff provided 14 NHMA On Demand programs.

Advocacy and Legal Advice In addition to writing publications and articles, presenting webinars, and conducting workshops, NHMA staff handled close to 3,000 legal inquiries from elected and appointed municipal officials. While some of these questions can be answered “off the top of the head,” many require considerable research into state and federal laws and regulations. A new legal services feature appearing on NHMA’s website is a series of FAQ’s— Frequently Asked Questions—on hot topics (medical marijuana, elections, sign ordinances, and body cameras, so far). Many questions simply don’t have a clear answer and require working through the ins and outs of a situation with the inquiring official. That’s a challenge for all, certainly, but who else better to do that analysis with than an NHMA attorney who lives and breathes municipal law! On the advocacy front, 2015 saw the introduction of more than 900 bills, of which NHMA followed about 250. Some bills are easy to follow—they have a public hearing and an executive session and are killed! Others require constant monitoring after the public hearing, and have multiple subcommittee meetings, need amendments drafted or reviewed, involved a contested floor vote which requires municipal outreach to legislators—and then the process starts all over again in the other body. Further, 2015 was a state budget year, which always consumes hours of time working to protect municipal revenues and prevent thoughts of downshifting. At the State House, NHMA’s advocacy staff is well-known and well-respected, and also very effective on behalf of local government.

Annual Conference Navigating the Waters of Municipal Government was the theme of NHMA’s 2015 Annual Conference, and it was the best attended conference since 2010. This conference also received rave reviews from both attendees and exhibitors alike—no easy feat, although our engaging and inspiring keynote speaker, Captain Richard Phillips, no doubt set us off on the right foot! Many changes have taken place since 2010, when the Local Government Center’s 12 member

M AY / J U N E 2 0 1 5

2015 from page 9 communications staff produced the annual conference with the help of NHMA staff who made session presentations and staffed the NHMA booth. These days, NHMA’s staff of nine does it all—from recruiting speakers, organizing the exhibit hall, and making quality presentations to stuffing conference bags, decorating the NHMA booth, and schlepping boxes and conference paraphernalia back and forth from Concord. We even provide the piano bar players at the Exhibit Hall Reception! New this year was a “Conference App” which attendees could download to create their custom conference schedule and get up to the minute changes and alerts.

Engaged Board The conference is a perfect example of how fortunate NHMA is to have such an engaged board. With over 50 sessions, over 100 exhibitors, and more that 525 attendees, we count on the incredible conference support provided

by NHMA’s Board of Directors. Those of you who attend have surely noticed that the registration booths are staffed by board members—even the 7:30 am shift! Session evaluations and raffle tickets are collected and dispensed by board members, and board members staff the NHMA booth. We’d have a really hard time doing the conference without them and we are grateful for their support. Not only does NHMA’s board engage during the conference, they are front and center year round. We have nearly full attendance at board meetings (with the furthest director always the first to arrive!), where the board closely follows the progress of the legislative session and provides feedback on legislative issues not covered by official policy. At board committee meetings, they review finances and programming, making sure NHMA stays member-focused. Board members are responsive and forward thinking and encouraging of NHMA staff.

NHMA Staff None of the above could happen without NHMA staff, who are all talented, knowledgeable, dedicated to NHMA and its members, collaborative, innovative, and fun-loving, yet serious about the work they do on behalf of NHMA members. The amount of work they produce is incredible, high quality, and on target. As executive director, I am extremely grateful for their capabilities and capacities, and for their commitment to NHMA.

Judy A. Silva, Executive Director

NHMA Staff Barbara T. Reid,

Government Finance Advisor

Stephen C. Buckley, Legal Services Counsel

Margaret M.L. Byrnes,

Cordell A. Johnston,

Staff Attorney

Government Affairs Counsel

Timothy W. Fortier,

Communications and Member Services Coordinator

Judy Pearson,

Member Relations Coordinator

NEW HAMPSHIRE TOWN AND CITY

Ashley Monier,

Conference and Workshop Coordinator

Pam Valley,

Administrative Assistant

www.nhmunicipal.org

NHMA On-Demand Training NHMA has a fee-for-service training option—NHMA On-Demand—so member municipalities can get the training they need when they need it. NHMA attorneys are available to travel to member municipalities to present On-Demand training sessions on the following topics: • Municipal Authority to Act and Preemption • The Selectmen’s Role with other Elected and Appointed Officials • Fair Labor Standards Act and Family Medical Leave Act • Trusts and Trustees (cemetery and trustees of trust funds) • Municipal Employment Law • Discrimination in the Workplace • Effective Communication and Action with Library Trustees/Library Trustee Law • The Selectmen’s Role with Public Safety and Emergency Management • Right-to-Know Law • How to Hold an Effective Meeting and Work as a Board

www.nhmunicipal.org

• • • • • • •

Budget Law Welfare Basics The Charter Process Conflicts of Interest and Ethics for Local Officials What Do Selectmen Do? Road Law Planning Board and/or ZBA basics (roles and procedures) • The Tax Deeding Process • Other topics as may be arranged with staff

Each presentation is approximately 2 hours in length and costs $475.00. Member municipalities paying annual dues in excess of $15,000 are entitled to one free OnDemand presentation per calendar year. We encourage the requesting municipality to invite officials and employees from surrounding NHMA-member municipalities to attend and share the cost. To request an NHMA On-Demand presentation, or for more information, please send an email to legalinquiries@nhmunicipal.org.

JANUARY/FEBRUARY 2016

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

The Calm Before the Storm? Legislature Has Plenty in Store on Municipal Issues By Cordell A. Johnston

s was noted in NHMA’s Final Legislative Bulletin, 2015 was a relatively quiet year for new state legislation, both generally and with respect to municipal issues. Most of the bills dealing with high-profile municipal issues were either retained or converted to study committee bills. While this made 2015 somewhat anti-climactic, it means 2016 is likely to be more eventful. By the time this article is published, most 2016 bills will have been released, but at press time the only information publicly available is a list of “LSR” titles. An LSR is a legislative service request, which is what a senator or representative submits to the Office of Legislative Services to begin the process of drafting a bill. Some of the LSR titles give very little away. For example, there is one titled “relative to the laws governing the citizens of New Hampshire.” That could mean almost anything. Others are more descriptive. The bill titled “repealing the administrative procedure act” is pretty clear—and also unlikely to go anywhere. While we can only speculate about what is behind many of the LSR titles, we have more detailed information about some of the forthcoming legislation, much of which is left over from last year. Here are some of the items that should be of significant interest to municipal officials: Municipal liability. Last year’s SB 41 created a committee to study “government immunity from suit and accountability by its citizens.” This was precipitated by concern, primarily among trial lawyers, about recent court decisions that have reinforced municipalities’ limited immunity

www.nhmunicipal.org

from lawsuits for personal injuries. After much discussion and debate, the study committee recommended filing a bill that would significantly expand municipalities’ exposure to lawsuits. This should be of grave concern to all local officials and taxpayers. RSA 507-B:2 states that a municipality, county, or school district may be held liable for personal injuries caused by its negligence “arising out of ownership, occupation, maintenance or operation of all motor vehicles, and all premises.” The legislation would expand this potential liability to include injuries arising from any act of negligence, regardless of whether it related to premises or motor vehicles. (In fairness, the committee indicated that it did not necessarily endorse this change, but agreed to submit the bill to get the discussion started.) The effect of this would be dramatic. Among the actions that could give rise to municipal liability are innocent errors in judgment by police officers, teachers, athletic coaches, and, really, any local government employee who deals with human beings as part of his or her job. (One of the actual cases at the center of the debate is that of a high school basketball player who sued his coach because the player was injured in a practice drill. The case was dismissed based on the existing law, but would be allowed under the proposed change.) This legislation, which has been filed as a House bill, needs to be watched closely, and legislators will need to hear from local officials about it. Right-to-Know Law. Last year the House tabled a bill, HB 646, that would have allowed public bodies and agencies to recover a small part of the cost of responding to Right-toKnow Law requests. The bill would have allowed a public JANUARY/FEBRUARY 2016

STORM from page 13 entity to charge for staff time, after the first hour, at minimum wage rates to retrieve, redact, and copy requested records. The goal of the bill was to relieve the burden of excessive and frivolous requests, while not deterring legitimate requests. A new bill, which NHMA strongly supports, is being introduced this year, with changes to address some of the concerns expressed last year. It does not allow a charge for meeting minutes that are less than ten years old, or for records relating to any administrative proceeding that is still active or that concluded within the last three years. It also expressly prohibits charging a fee to inspect any record that is immediately available. Taxation of Telephone Poles. Last year the House passed HB 547, which would have imposed a statutory valuation formula on telephone poles and conduits for property tax purposes. To make a long story short, the bill eventually died in a committee of conference, but the Assessing Standards Board (ASB) took up the issue over the summer, assigning a subcommittee to gather information and make a recommendation. As of this writing, it is unknown what the ASB’s recommendation will be. It may recommend a methodology for valuing poles and conduits, or it

may recommend that the issue be left alone. A House bill has been filed for 2016, which probably will serve as a vehicle for the ASB’s recommendation. More information will be forthcoming in early editions of NHMA’s Legislative Bulletin. Accessory Dwelling Units. In 2015 the Senate passed SB 146, which would require municipalities to allow accessory dwelling units in all districts where single-family dwellings are permitted. The House Municipal and County Government Committee retained the bill, and, after making some changes that provide greater local regulatory control, the committee has reported the bill with a recommendation of Ought to Pass. The bill will go to the full House in early January, where it is likely to pass. It will then need to go back to the Senate, which is likely to concur with the House amendment, although it could request a committee of conference. One of the important changes made in the House is that the bill has an effective date of June 1, 2017, which will give every municipality time to amend its zoning ordinance if necessary. Agritourism. In response to a New Hampshire Supreme Court decision over the summer, two bills—one in the House and one in the Senate— have been introduced dealing with “agritourism.” A number of legislators

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were concerned that the court’s decision did not give appropriate protection to activities that many farmers have been pursuing to keep their farms economically viable, such as on-site farm stands, tours, farm-related recreational activities, overnight stays, and serving of meals. The new legislation seeks to encourage these activities by giving them a level of protection under the zoning laws. Recognizing the importance of agriculture to the state and local economies—as well as the political reality that legislation in some form is likely to pass— NHMA worked with other interested parties to draft a Senate bill that protects agritourism activities without enabling farms to reinvent themselves as hotels, restaurants, or function halls. The Senate bill provides that agritourism activities that are “accessory uses to the primary farm operation” must be permitted in any district where agriculture is permitted, but may be subject to local approvals, such as special exception, conditional use permit, and site plan review. This should enable farmers to pursue legitimate agricultural uses while still allowing a reasonable measure of local control; but local officials will want to watch both bills carefully. Police or Flaggers for Traffic Control. Another issue left from last year is the use of uniformed police officers

www.nhmunicipal.org

or non-police flaggers for traffic control in connection with utility work in municipal rights-of-way. Utility companies have complained that some municipalities require them to pay for uniformed police officers, at much higher rates, to direct traffic on projects where civilian flaggers could do the job just as well. They have argued for requiring municipalities to use the same standards that the state uses for work on state roads. Police groups have objected, arguing that traffic control is a safety issue that must be left to the local police chief. A study committee considered the issue this fall and, with input from NHMA, drafted legislation that strikes a compromise. Municipalities would still be able to adopt their own ordinances or regulations for traffic control, but when a utility or other private entity is required to pay, the use of police officers would have to be based on reasonable safety concerns. Requiring that police officers be used in all circumstances, or requiring them for private projects but not for comparable municipal projects, would not be allowed. In the absence of a policy that complies with these rules, the state Department of Transportation’s guidelines for the use of flaggers and police officers would apply. The legislation will be introduced as a Senate bill. Road Usage Fee. The first LSR filed for 2016, the product of yet another study committee, would establish a “road usage fee” to supplement the existing road toll (more commonly known as the gas tax). The road usage fee would be paid by the owner of each motor vehicle (with some exceptions), and the amount would depend on the vehicle’s fuel economy. The higher the vehicle’s EPA miles-per-gallon rating, the higher the fee would be. The owner of a vehicle with an EPA rating of 20 mpg or less would pay nothing, while the owner of a vehicle with a rating of www.nhmunicipal.org

50 mpg would pay approximately $90 per year. City and town clerks would collect the fee when they register vehicles, and the municipality would retain $1 for each fee collected.

of any kind, and from those who believe drivers should not be penalized for owning fuel-efficient vehicles. This should be one of the more interesting debates of the legislative session.

The idea is that with newer vehicles getting better gas mileage, gas tax revenue is declining, and vehicles that use the least gasoline are paying less than their fair share for road maintenance. Needless to say, not everyone supports this approach. While it has bipartisan support and will help to bolster the state highway fund (a portion of which goes to municipalities), it is likely to meet opposition both from those who oppose new taxes and fees

For more information on these and many other issues affecting municipalities, please read NHMA’s Legislative Bulletin, published every Friday during the legislative session. Cordell A. Johnston is Government Affairs Counsel for the New Hampshire Municipal Association. He may be contacted at 800.852.3358 ext. 3408 or at governmentaffairs@nhmunicipal.org.

2016 State Legislative Preview Webinar What’s All the Excitement About? Noon – 1:00 p.m. Monday, January 11, 2016 As the New Hampshire General Court begins to wrestle with over 900 new bills, legislators need to hear from both appointed and elected local government officials regarding these policy implications. To help you better connect with legislators, this webinar will: * include a preview of legislation filed * outline the messages legislators need to hear from you * recommend grassroots action to get the municipal voice heard Join Government Affairs Counsel, Cordell Johnston, and Government Finance Advisor, Barbara Reid, for a look at the latest legislative developments in Concord, including a preview of priority legislation impacting municipal governments. Register on-line at www.nhmunicipal.org under Calendar of Events.

JANUARY/FEBRUARY 2016

Make Your City or Town “Election Ready” in 2016 Wednesday, January 6 12:00 pm—1:00 pm

Upcoming Webinars NHMA will be hosting two election-related webinars in January and February for members of the New Hampshire Municipal Association.

It’s time to get ready for the 2016 election season! Join Legal Services Counsel Stephen Buckley and Staff Attorney Margaret Byrnes for a detailed look at election procedure, including voter registration and identification; absentee voting procedures and requirements; ballot counting and recounts; arrangement of the polling station; and the duties and roles of various election officials, including the moderator, supervisors of the checklist, and town/ city clerk.

How to Ensure a “Clean” Vote in Your Municipality Wednesday, February 3

• Make Your City or Town “Election Ready” in 2016 • How to Ensure a “Clean” Vote in Your Municipality

12:00 pm—1:00 pm As election day nears, electioneering and improper influences becomes a prominent issue that municipalities must understand and address. Spend an hour with Legal Services Counsel Stephen Buckley and experienced moderator Lynne Christensen to learn about voter guides, political advertising near polling stations, political signs, advocacy and conduct of public officials, electioneering by municipal employees, and local electioneering rules under RSA 31:41-c. This webinar will benefit local election officials such as moderators, town and city clerks, supervisors of the checklists and any other local officials working the polls on election day.

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

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15 Tips for a Successful Legislative Session

he next legislative session, which begins on January 6, 2016, will address many issues that involve New Hampshire’s cities and towns and their ability to meet resident demands for essential public services. The Association’s best advocates for protection of municipal authority are its members – elected and appointed officials – from cities and towns of all sizes and geographic areas. NHMA needs your participation. Before, during, and after the session, the NHMA staff works directly with legislators on items of municipal interest. NHMA encourages our members to build and maintain relationships with legislators when they are in session, and even when they are not in session. Below are some basic tips for a successful legislative session. 1

wet, learn, and hear which issues will be key for cities and towns in this legislative session. 3

Make sure you designate one staff person to be responsible for initiating a timely response to newsletters, emails, and other communications. 4

www.nhmunicipal.org

Be able to act quickly Establish a procedure for urgent, same day action on bills.

If your city or town has special clout, use it If your legislator is a member of a key committee, it is especially important that your city or town respond to as many bills as possible.

Say “thanks” Remember to thank legislators regularly and publicly for their work, support, votes, etc. Never discount the importance of a sincere thank you.

Attend webinar updates Attend Association webinars. We will hold three legislative webinars this year. One at the start of the session (Monday, January 11, 2016), one at Crossover (Wednesday, March 30) and one at the end of the session (Wednesday, June 8). All webinars run from noon to 1 p.m. These webinars are a great way to get your feet

Can’t be at the State House in person? Send letters, emails, text messages Send communications outlining your position and ask your legislators’ stance on a bill.

8 2

Follow through Continue to respond to the Association’s updates as bills move through the legislative process.

Stay well informed The Association provides several ways for members to stay informed about legislative matters. NHMA’s Legislative Bulletin is the primary legislative communication between the Association and its members. It is sent electronically to member officials and select state legislators on Fridays during the legislative session. Accessing the weekly Legislative Bulletin via our website, www.nhmunicipal.org, is also key in staying informed. Email us if you would like to be added to our Legislative Bulletin distribution list.

Put someone in charge

Participate in NHMA’s legislative policy process The Association can always benefit from your input on JANUARY/FEBRUARY 2016

you, or they’re forced to make policy decisions on local government issues without fully appreciating the impact they will have on your city or town. Make it a point to establish an ongoing, personal relationship with your legislators and meet formally at least once a year to review key issues.

15 TIPS from page 17 potential changes in state law that would help you do your job better or cost taxpayers less money. In the spring before each new legislative biennium, NHMA solicits legislative policy proposals from member municipalities. Members are encouraged to participate in one of the three committees established to review these proposals and make recommendations to NHMA’s Legislative Policy Conference to be held in the fall of 2016.

can be forwarded to governmentaffairs@nhmunicipal.org. 14

During each legislative session, the Association publishes the Legislative Bulletin, a weekly newsletter outlining current status of important pieces of legislation. If you are not currently a subscriber to the Bulletin, and would like to be, please send us a request at governmentaffairs@nhmunicipal.org.

Know your legislators Know who your legislators are and how to get in touch with them. Bonus points if you know their preferred method of contact. 15

Keep an inventory of your municipality’s needs When you meet with your legislators, let them know of your top funding and other legislative priorities.

Meet regularly with your legislators Your legislators need to hear from

Keep staff informed Always send copies of your correspondence to and from legislators to the Association. Staff can work more effectively with your legislators when we know what you’ve said and received in return. It also allows us to incorporate your local story into our commentary. Emails

Effectively utilize Association publications

Stick with it It’s a fact of life in public policy that things take time. Your consistent participation in the process, year after year, is essential to the long-term success in the legislature.

(Reprinted with modifications with the permission of the New York State Conference of Mayors and Municipal Officials).

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Concerned Legislators Form Coalition of Legislators Against Downshifting (CLAD)

Please Encourage Your Legislator(s) to Join this Bi-Partisan Legislative Coalition

uring the 2015 legislative session, several House members formed a new bi-partisan group called the Coalition of Legislators Against Downshifting (CLAD), led by Rep. Mario Ratzki. CLAD met several times during the past legislative session, and last April, NHMA’s Judy Silva and Barbara Reid presented an overview of anticipated budget cuts and a list of estimated reductions in state aid by municipality to over 40 legislators crowded into a legislative committee room. Initially state budget writers justified this so-called “downshifting” as a temporary response to the economic recession. However, downshifting now appears to be legislative business as usual, causing delays in everything from road and bridge repairs to water- and waste water-plant upgrades to new school building construction. CLAD is planning to meet again starting in January, 2016. Since downshifting affects local property taxpayers in every municipality, it is surprising that more legislators are not members of this coalition. NHMA asks our members to encourage your legislative representative(s) to join this bipartisan coalition. Downshifting to municipalities, improving local economies, and educating legislators and the public about the impact of state-level decisions on local property taxes are all issues that should be of concern to every legislator. With our member’s urging, the next meeting of CLAD could (and should) be standing-room only!

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Shifting the Conversation: Why I formed CLAD By Rep. Mario Ratzki In simple terms, “downshifting” means the shifting of costs from the state to the municipalities. The most outrageous example of downshifting is the State’s ending its 35% revenue sharing with the towns to pay for municipal employees’ retirement costs. Because of downshifting, municipalities have increased property taxes about 50% since 2002 to make up the difference. When you increase property taxes by 50% in 13 years, you penalize the most vulnerable of our citizens: the elderly on a fixed income or the young family who cannot afford to buy a house because of high property taxes. And when revenues turn out to be better than expected, shouldn’t we try to start restoring revenue sharing? This is not to blame anyone; budgetary constraints lead to difficult decisions, but still: towns and cities always seem to get the short end of the stick. There have been victories. Although our 18 flood control towns received only 30% of flood control payments in 2012 and 2013, in 2014 and 2015, we were able to get 2012 paid in full and partial payments for 2013 based on a settlement from Massachusetts of approximately $2 million. Moving forward the towns will get 100% payments: a satisfactory outcome thanks to Hopkinton Selectman Jim O’Brien and others, who have fought this battle over the past several years. To support this fight, I formed the Coalition of Legislators Against Downshifting (CLAD). The idea was simple: Keep the issue of downshifting in the forefront of legislators. JANUARY/FEBRUARY 2016

CLAD from page 19 At our first meeting, we had 6 Democrats and 3 Republicans. At our second meeting, a bi-partisan group of more than 40 state representatives attended a presentation by NHMA staff. Our third meeting we had Mayor Ken Merrifield of Franklin give a presentation to us. Our fellow legislator, Representative Tom Buco, also talked to us about the lack of funding for municipal water and wastewater infrastructure projects. In 2016, CLAD intends to invite another city mayor and a county commissioner to discuss specific bills that would affect local property taxpayers. We hope to explore new revenue sources, such as a State Bank and the creation of a State Grant Office which would consolidate grant writing in one office and aggressively apply for federal monies. The State of Nevada did just that and in less than a year and a half garnered an EXTRA $100 million from the federal government. At CLAD, we will also make every effort to engage more Republican representatives. We are not a partisan group. We will keep the issue of downshifting front and center as well as other issues facing our cities and towns, such as broadband expansion in our rural areas. CLAD is here to stay and we welcome all.

dustry. Therefore, one way to control “downshifting” is to restore credit to the economy of New Hampshire. Last year, the state spent $77 million in interest paid to the private parties that we borrow from. Imagine how much better off we could be if the state had kept that money and reinvested it here at home. One way to keep that money from leaving the state, and consequently preventing downshifting, is to create our own lending institution, a public bank. Nationally, the combined 50 states give around one trillion dollars annually in interest to Wall Street. Although federal grant money is also an option, there are often mandates attached, or solutions suggested like cutting spending, raising taxes, or worse, selling off public assets. The real problem is lack of credit. A public bank would provide far more benefits, such as the following: it would not compete with local state chartered community banks/credit unions for loans or commercial retail services/deposits; it could generate new non-tax revenues; lower debt costs for local governments; build up small businesses; remain independent of private banking interests; reduce property taxes and provide accountability, transparency and fiscal responsibility. For more information about a state public bank go to www.bankingonnewhampshire.org.

Local Water and Wastewater Infrastructure Takes Hit from State’s Downshifting

Development of State Bank May Help Reduce Property Taxes By Rep. Valerie Fraser New Hampshire is not broke! It’s just that our money is not being managed in a prudent way to benefit the public, but to benefit the private banking in20

By Rep. Tom Buco The state of New Hampshire has two state aid programs intended to assist municipalities in funding water and wastewater infrastructure projects; RSA 486, aid to municipalities for water pollution control and RSA

NEW HAMPSHIRE TOWN AND CITY

486-A, aid to public water systems. These two programs commit 20%30% grants toward the amortization of construction costs to build water and wastewater infrastructure projects. By Executive Order 2008-10 on November 21, 2008, $3.3 million was cut from these state aid programs. The stated intent of this order was that these grants would be deferred until the next biennium. In fact no payments were made for three biennium! This action created the “Delayed and Deferred” list of infrastructure projects for which municipalities had issued bonds and incurred significant debt. After municipal taxpayers had made decisions based on existing state law, the state reneged on its commitment and left the local taxpayers holding an empty bag. In the 2013 session of the NH General Court, the House, the Senate and the Governor agreed that municipalities had taken action based on the state’s commitment and had suffered financial damage when the state reneged. Therefore, in the FY 2014-2015 state budget, the “Delayed and Deferred” list was fully funded. However, as part of the FY 2014-2015 budget, House Bill 2 also instituted a moratorium on these state aid grants which will now downshift the total cost of these expensive water and wastewater projects onto local cities and towns.

The Historical Downshifting of School Building Aid By Rep. Michael Cahill Beginning in the 1950’s, New Hampshire partnered with local municipalities providing a portion of the cost to build or renovate schools. Eight years ago, however, the Legislature placed a www.nhmunicipal.org

moratorium on School Building Aid and that moratorium remains in effect today. This means that the state has down shifted the entire costs of School Building Aid to local property taxpayers. In an effort to encourage consolidation, regional schools built for students from multiple cities and towns were incentivized. In the case of very small towns, this strategy makes sense. However, some of these cooperative districts built high schools for 2,000 students with many amenities added due in part to the state’s share of as much as 60%. Increasing construction costs led to the decision to bond the shortfall in the state’s portion. Under the moratorium, the state appropriates only funds for principal and interest on previous school projects. In 2040, the bonds will be paid off; meanwhile our schools deteriorate

N E W

and the cost to build or renovate increases. The state has an obligation to educate our children and if we are to reverse the outbound flow of young people out of our state, we must address the priorities of young families, which include good schools. These

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Model Behavior:

Working Closely with Your Local Legislative Delegation by M. Chris Dwyer, Portsmouth City Councilor

n Portsmouth, we’ve developed an effective structure for maintaining timely communication among the members of our legislative delegation, city councilors and city staff during the busy legislative session. For the last four biennial sessions, a council subcommittee, comprised of the mayor and three city councilors, joined by the city manager and a staff attorney, has met every few weeks with our house members and state senator. Meetings are guided by a shared agenda where anyone can place a topic on the table. There is always a lively and wideranging exchange, exploring the intentions behind proposed and emerging bills and the consequences for Portsmouth residents. We discuss municipal needs and the potential points to be made in testimony on bills of interest and concern. Sometimes we work with a member of the delegation to craft language for a bill to be introduced on the city’s behalf or an amendment to improve a bill. The pace of discussion is fast, the mood is collegial, and the intentionality is clear. During a recent meeting, for example, the topics ranged from Airbnb and ride sharing to availability of state funds for storm water management, the effect of accessory dwelling units on our zoning regulations, Right-to-Know legislation, and the rooms and meals tax distribution along with possible local options. Of course, we don’t always agree — but that isn’t the point of the subcommittee. The goal is clarity and communication rather than accountability for particular votes. City staff provide background information, describe current needs, and comment on the potential effects of legislation. The subcommittee frequently receives information from the public works director, city assessor, human resources, www.nhmunicipal.org

environmental planner, and planning department director. Members of the delegation know they can ask city staff for information that will add to their understanding of how bills affect residents and municipalities: What has been the effect on taxes of various types of downshifting? What do we collect in rooms and meals taxes? How much does the city receive from a raise in the gas tax? One of the city council subcommittee members serves on the NHMA Board, keeping the delegation informed about legislation of broad municipal interest and alerts our delegation to reasons why towns and cities might be concerned. From the council’s perspective, one advantage of having a council subcommittee is the ability to act in a timely manner when hearings on bills are scheduled with little notice. Portsmouth councilors and city staff have become much more active in advocacy in Concord since we began the subcommittee. Councilors and city staff have become better informed about the legislative process and therefore more realistic in our expectations. Understanding legislators’ perspectives is helpful in providing explanations to the general public about where authority lies. The regular meetings also provide an opportunity to members of the delegation to inform one another of what is occurring in their respective legislative bodies and offer a chance for all groups to strategize together. The subcommittee also has established a better working relationship with our legislators who, in return, help set realistic goals for the bills we should pursue for concerted advocacy. M. Chris Dwyer serves as councilor in the City of Portsmouth and is a member of the NHMA board of directors. JANUARY/FEBRUARY 2016

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Don’t Watch from the Sidelines, Get Involved in NHMA’s Legislative Policy Process Policy Committees to Meet in Early April

HMA’s biennial legislative policy process is getting underway. As a first step, we are recruiting volunteers to serve on our three legislative policy committees. These committees will review legislative policy proposals submitted by local officials and NHMA affiliate groups and make recommendations on those policies, which will go to the NHMA Legislative Policy Conference in September. If you are a local official in an NHMA member municipality and are interested in serving on one of the policy committees, please contact the Government Affairs staff at 800-8523358, ext. 3408, or governmentaffairs@nhmunicipal.org. Each of the committees deals with a different set of municipal issues. The committees and their subject areas are as follows: • Finance and Revenue – budgeting, revenue, tax exemptions, current use, assessing, tax collection, retirement issues, education funding. • General Administration and Governance – elections, Right-to-Know Law, labor, town meeting, charters, welfare, public safety. • Infrastructure, Development, and Land Use – solid/ hazardous waste, transportation, land use, environmental regulation, housing, utilities, code enforcement, economic development.

When you contact us, please indicate your first and second choices for a committee assignment. We will do our best to accommodate everyone’s first choice, but we do need to achieve approximately equal membership among www.nhmunicipal.org

the committees. We hope to have 15-20 members on each committee. There will be an organizational meeting for all committees on April 8. After that, each committee will meet separately as many times as necessary to review the policy proposals assigned to it—typically three to five meetings, all held on either a Monday or Friday, between early April and the end of May. The committee process will allow for in-depth review and discussion of policy suggestions so all aspects of each proposal, both positive and negative, will be examined. Based on that review, each committee will make recommendations for the adoption of legislative policies. Each committee will be asked to approve two or three “Action Recommendation” items, which would be drafted by staff for introduction in the 2017-2018 legislature. Each committee may also approve a number of “Priority Recommendations,” which may be developed into legislation depending on staff resources and other factors. A maximum of 12 Action and Policy Recommendations may be approved by each committee. The committees may also make Standing Policy Recommendations, which are not included in the policy limitation. Once the committees complete their work, their policy recommendations will be printed in Town & City and sent to every municipal member of NHMA. Each municipality’s governing body will be encouraged to review the recommendations and establish positions on them. Members will also have an opportunity to submit floor policy proposals in advance of the Legislative Policy Conference JANUARY/FEBRUARY 2016

POLICY PROCESS from page 25 At the Legislative Policy Conference, scheduled for September 23, 2016, each member municipality is entitled to cast one vote on every policy recommendation submitted and on any floor proposals. Each policy proposal must receive a two-thirds affirmative vote of those present and voting in order to be adopted as an NHMA policy.

be used to submit a proposal for consideration. The deadline for submitting proposals is April 22, although earlier submission is encouraged. Please follow the instructions on the form for submitting your proposal. We leave you, then, with two assignments, should you choose to accept them:

• Contact the Government Affairs Staff (soon!) if you are interested in serving on a legislative policy committee (send us an email at governmentaffairs@nhmunicipal.org; and • Submit a legislative policy proposal (soon!) if you have an issue that you would like to be considered as part of this year’s policy process.

Every NHMA legislative policy begins with a proposal submitted by a local official, board, or committee. If there is a law affecting municipal government that you think needs to be fixed, or if you have an idea for how the functions of local government might be improved through legislation, this is your opportunity to make a change. Accompanying this article is a legislative policy proposal form that can

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

New Hampshire Municipal Association 2017-2018 Legislative Policy Process Explanation of Proposed Policy Submitted by (Name):

Date:

Title of Person Submitting Policy: City or Town:

Phone:

To see if NHMA will SUPPORT/OPPOSE:

Municipal interest to be accomplished by proposal:

Explanation:

A sheet like this should accompany each proposed legislative policy. It should include a brief (one or two sentence) policy statement, a statement about the municipal interest served by the proposal and an explanation that describes the nature of the problem or concern from a municipal perspective and discusses the proposed action that is being advocated to address the problem. Fax to 603.224.5406; mail to NHMA, 25 Triangle Park Drive, Concord, NH 03301; or e-mail to governmentaffairs@nhmunicipal.org no later than the close of business on April 22, 2016.

www.nhmunicipal.org

JANUARY/FEBRUARY 2016

NEW HAMPSHIRE MUNICIPAL ASSOCI

Navigating

the

Waters

he 74th Annual Conference theme was “Navigating the Waters of Municipal Government” and attracted over 525 municipal elected and appointed officials, including municipal employees, state and federal agency representatives, non-profit organizations and others. Our Exhibit Hall included over 100 exhibitors this year with over 300 industry representatives meeting with attendees over the two-day event. The conference kicked off with a popular keynote address by Captain Richard Phillips, former captain of the Maersk Alabama which was hijacked by Somali pirates in 2009. There was standing room only with over 300 conference attendees crowded into the hall to hear Captain Phillips speak. Phillips discussed the importance of leadership and teamwork, combined with a belief in the power and potential of yourself and your team, as seen through the eyes of an unassuming hero who conquered an extraordinary challenge.

You Missed All the Fun at The “Fun Session” Although attendance was low, spirits ran high during The Fun Session hosted by NHMA’s Cordell Johnston. The Fun Session was just that, a welcome departure from all the obligatory educational presentations that the conference offered. Instead, attendees had an opportunity to test their knowledge of New Hampshire history, politics, and of course, local government. Two teams of three people each were formed, the Sharks and the Jets, and then squared off against each other in an entertaining battle of wits. The Jets took advantage of their superior New Hampshire and local government knowledge and beat the Jets by a score of 197 to 67. Special recognition goes to the fun delegation from the Town of Hillsborough who set the tone of amusement and merriment for this game show event.

SPECIAL THANKS Special thanks to the following members who volunteered their time to assist NHMA at this year’s conference: Jeanne Beaudin, Belmont; Carrie Rouleau-Côté, Auburn; Bruce Crawford, Boscawen; Sue Desruisseax, Goffstown; and Julia Griffin, Hanover.

“Pennichuck Water Service Company truly looks forward to NHMA’s Annual Conference and Exposition. The Conference is extremely well organized and is attended by New Hampshire’s municipal decision-makers. For these reasons, including the valuable leads generated during the event, this conference has become our favorite conference to attend.” Evan Barker, with FacilityDude, discusses his services with a conference attendee.

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– Bernard J. Rousseau, Vice President, Pennichuck Water Service Company

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IATION’S 74TH ANNUAL CONFERENCE

Municipal Government Shaun Mulholland Recognized for Outstanding Legislative Advocacy

Allenstown’s Town Administrator Receives 2015 Russ Marcoux Municipal Advocate of the Year Award Each year, the Municipal Advocate of the Year award is given by NHMA staff based on interactions with municipal officials during the legislative session. We established this award in 2011 to recognize an elected or appointed local official(s) for his or her non-partisan contributions toward the advancement of NHMA’s legislative policy goals and for the advocacy of municipal interests generally. In 2011, NHMA staff selected Russ Mar- (Left to right: Allenstown Town Administrator, coux, town manager in Bedford, as the Shaun Mulholland with NHMA’s Judy Silva and Cordell Johnston) first-ever recipient of the Municipal Advocate of the Year award because Russ did all the things we want members to do in support of our legislative policy and to enhance the success of our legislative agenda. Russ passed away just days before the 2011 Annual Conference and he never knew we had created such an award or that he had been selected the first recipient. So in his honor, the NHMA board of directors renamed this recognition as the Russ Marcoux Municipal Advocate of the Year award.

Thank You 2015 Sponsors NHMA would like to thank the following 2015 Annual Conference Sponsors: — Diamond Level —

— Emerald Level —

— Platinum Level —

— Gold Level —

At its recent annual conference in November, NHMA recognized Shaun Mulholland, town administrator in Allenstown, with its 2015 Russ Marcoux Municipal Advocate of the Year award. Since 2013, Shaun Mulholland has served as town administrator for the Town of Allenstown and had previously served as patrolman since 1995 and as the town’s police chief for 5 years. Shaun has worked closely with NHMA staff for several years and he continues to bring to our attention flaws or inconsistencies in existing municipal statutes and has worked diligently with us to get them corrected. In his presentation remarks, NHMA’s Government Affairs Counsel, Cordell Johnston, recognized Shaun as one of his more frequent correspondents. “I know he reads our Legislative Bulletins faithfully because it is not unusual for me to get an email from him on Friday afternoon or Saturday morning about something he has just read in the Bulletin, frequently offering to help.” Johnston further noted, “Shaun was very helpful last year in enabling us to get one of our policy bills passed. He works well with his legislative delegation, and has been able to get his local legislators to sponsor a number of bills to improve municipal government. That’s all the more impressive because a couple of his legislators have a tendency to be skeptical of government at all levels, so they’re not among our natural allies.”

— Silver Level —

— Bronze Level — Peter J. Riemer, LLC

— Program Support —

In 2011, Russ Marcoux set the bar of expectation very high, but we are very fortunate that members like Shaun Mulholland continue to make significant contributions to NHMA’s legislative advocacy efforts. Congratulations to you, Shaun! www.nhmunicipal.org

JANUARY/FEBRUARY 2016

In 2016, the New Hampshire Municipal Association (NHMA) will celebrate its 75th anniversary throughout the year with the theme of “Celebrating 75 Years of Service to Your Hometown.”

HMA traces its history to February 27, 1941, the date that marks the 75th anniversary of the founding of the Association; an important milestone for both the Association and New Hampshire municipal government. Since then, NHMA has established a rich history of strengthening municipal governments through information, advocacy, legal services, training assistance and other services to New Hampshire municipal officials, enabling them to serve their municipalities more effectively. In recognizing this important date in our history, we are pleased to share the special commendation from Governor Maggie Hassan, which can be found on this page. This commendation acknowledges the commitment and dedication this organization has demonstrated over the years to New Hampshire cities and towns and the lasting contributions of our members to State and local governments since 1941.

will save the dates of Wednesday, November 16 and Thursday, November 17 and join us at our 2016 annual conference as we celebrate 75 years of service to your hometown with a special gala celebration to be held on Thursday night. You won’t want to miss this celebration. Today, NHMA continues its strong legacy and remains a vibrant, dynamic organization because of the strong support of its members. We thank you and look forward to the next 75 years supporting local government.

To help us celebrate this event with the entire membership throughout 2016, a 75th Anniversary Committee has been formed and consists of the following board members; Dave Caron, Jaffrey town manager; Steve Fournier, Newmarket town administrator; Butch Burbank, Lincoln town manager; Ben Bynum, Canterbury clerk/tax collector and Brent Lemire, Litchfield selectman. This committee will likely meet monthly right up to the dates of our 2016 Annual Conference on November 16 & 17, 2016. If you would like to volunteer your time on this committee, please send us an email at nhmainfo@nhmuncipal.org. Our year-long celebration will take many forms. In addition to what you see in our bi-monthly installments in the Association magazine, New Hampshire Town and City, we will also be sharing bits of historical information in our bi-weekly electronic newsletter, NewsLink. And lastly, we also hope you

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1934

1936

1938

1939

1940

1941

1957

1959

1960

1962

The Early Years of the New Hampshire Municipal Association (1934-1962) 1934

On November 8, 1936, Maine became the first state in New England to organize a league of municipalities and the Maine league office was in Hallowell City Hall during the first year.

Mayor Kenneth Goldsmith of Portsmouth, who was unable to attend yesterday’s meeting and asked that he be relieved of the duties of the post. The new president is Mayor Robinson W. Smith of Laconia, who was elected to succeed Mayor Edward J. Gallagher who voluntarily withdrew from the presidency. Election of the new officers took place in connection with the University’s second institute on public affairs which drew a substantial attendance of town, city, county and state officials for a program of discussion. At the formal meetings suggestion was made that New Hampshire could profit from the organization of a municipal league which would provide an organized forum for the exchange of information and ideas.

1938

1940

American Municipal Association representatives meet with New Hampshire officials in 1934 where interest had been expressed in organizing a state municipal league. AMA reported earmarking a field agent grant to New Hampshire if further interest should develop.

1936

In 1938, Lashley G. Harvey, a graduate student at Harvard, was invited by the new president at the University of New Hampshire (UNH), Fred Englehardt, to set up a Bureau of Government Research in Durham which was to make its services available to local and state officials. At Harvard’s Graduate School of Public Administration, Mr. Harvey was mentored by Professor Morris Lambie, who was previously a professor of political science at the University of Minnesota and also head of the Minnesota Municipal League. In connecting the dots, UNH President Englehardt had been Professor of Education at Minnesota before he became UNH president. Mr. Harvey pushed for a municipal association in New Hampshire. Dr. Englehardt suggested Mr. Harvey sound out the possibilities of a league of municipalities but was surprised when town and city officials did not respond readily.

1939 That the subject of a municipal association was by no means new is indicated by the following report in the Concord Monitor in the summer of 1939: Durham, July 7: Foundation was laid here yesterday for a much more useful organization of public officials for study of mutual and particular problems when the New Hampshire Mayors Club turned away its traditional practice of electing one of its members as a corresponding secretary and instead chose Professor Lashley G. Harvey, director of the newly established bureau of government research at the University of New Hampshire. Harvey succeeded www.nhmunicipal.org

Twelve months later, the bulletin of the American Municipal Association (since 1964, the National League of Cities) for July, 1940, said: Formation of a State League Urged in New Hampshire High spot for city officials of the Third Annual Institute of Public affairs held on July 8-9 (1940) at the University of New Hampshire was a vigorous plea by former Mayor Edward J. Gallagher of Laconia for the formation of a state league of municipalities. In his endorsement of a municipal league former Mayor Gallagher cited the co-operative advantages growing out of organizations of public officials relating to a single interest as illustrative of greater advantages which could come from an “over-all” organization. A municipal association, he said, would not destroy the individual organizations such as those for the mayors, city overseers of the poor, police officials, sheriffs, school officials, and teachers, fire chiefs and wardens, welfare workers, county commissioners, highway builders, town clerks, selectmen and assessors. Instead, he contended, such an association would provide a means for mutual assistance and survey of problems. Groundwork for the February action was laid three months before at a meeting in Concord City Hall. The Manchester Union of November 26, 1940 carried the following report: Concord, November 25: First steps toward formation of a Municipal League for New Hampshire were taken by 17 municipal officers of the state at a meeting Monday afternoon in the City Hall council chamber. The group, after spending two hours discussing the functions and benefits of a league, voted unanimously in favor of a resolution calling upon the governing bodies of JANUARY/FEBRUARY 2016

THE EARLY YEARS from page 31 the cities of New Hampshire to nominate representatives to attend another meeting to be held sometime in the future. Lashley G. Harvey, executive secretary of the Bureau of Government Research of the University of New Hampshire, occupied the chair at the meeting in the absence of Edward J. Gallagher of Laconia. Mr. Gallagher, principal sponsor of the meeting, was called unexpectedly to Boston. Mr. Harvey pointed out that New Hampshire is one of only six states in the union which have not yet organized municipal leagues. As an argument for the creation of such an organization, he pointed out that the National Defense Council in Washington has adopted a policy of dealing with state municipal leagues in all matters pertaining to defense problems in individual towns and cities. Three mayors were among the nucleus committees which met here. Other cities were represented by delegates appointed by their chief executives. Those present were Mayor John W. Storrs of Concord; Mayor Robinson W. Smith of Laconia; Mayor Henry R. Inset: Articles of Association

Proulx of Franklin; City Clerk Arthur E. Roby of Concord; Louis H. Douphinett, of Franklin; Philip M. Trafton, Portsmouth; L.H. Wilkinson of Laconia; Policy Chief George N. Hubbard of Laconia; Arnold Perreton, assistant professor at the University of New Hampshire; Charles A. Blessing, representing State Planning Director Frederick P. Clark; James P. Keenan, exmayor of Dover; H.H. Hart of Wolfeboro, executive secretary of the Lake Region Associaton; Leonard C. Hardwick city solicitor of Rochester; J. Levi Meader, ex-mayor of Rochester; Sidney S. Frissell of Keene, executive secretary of the Manchester Taxpayer’s Association; P.P. Charland of Franklin and Frederick E. Small of Rochester.

1941 After several years of exploration and considerable discussion by the New Hampshire Mayor’s Club during the late 1930’s, incorporation papers (see inset) for the New Hampshire Municipal League were signed in Concord on February 27, 1941. Signers included Mayor Robinson W. Smith of Laconia, president of the Mayors’ Club; Mayor John W. Storrs and City Clerk Arthur E. Roby of Concord; Professor Lashley G. Harvey, of the Department of Government Research at UNH. This action was preceded by a conference of representatives of New Hampshire cities and towns in Representatives’ Hall at the State House to consider formation of a state-wide municipal league. Thus it came about that a New Hampshire Municipal Association was launched and incorporation papers signed. The New Hampshire Municipal Association was incorporated “to promote good municipal government and thereby promote the growth and prosperity of cities, towns, and villages.” Before the association could proceed far, the attack on Pearl Harbor occurred, and the project of the association became sidetracked. The World War II years slowed league organizing

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activity in the 1940s, but in the late 1950s, the municipal league movement picked up again and spread to the remaining eleven states, including most of New England and New Hampshire.

1957 For New Hampshire, the movement from a part-time league to a full-time league began in 1957, accomplished with help from a $24,000 Spaulding Trust Fund grant to set up independent offices. This was the culmination of a fifteen-year effort dating back to the early 1940s. But the new fulltime league quickly ran into difficulty. When it was discovered that cities had statutory authority to spend funds for membership but towns did not, the association had legislation introduced to remedy the situation. The bill was vetoed by the governor, however, who was angry with the executive director for accusing the governor of not being interested in municipal issues because he did not respond to a candidates’ questionnaire during the previous election campaign. The executive director resigned and all activities were discontinued except for the magazine, which was financially self-supporting.

1959 By December 31, 1959, the NHMA had closed its doors in Concord. The association’s magazine, Town and City, continued to be published monthly, however, until such time as proper legislation could be introduced, passed by the Legislature, and signed by the executive to legally permit towns to remit service charges to the Association. An enabling act to legalize this practice was passed by the 1959 legislature, but was unexpectedly vetoed by Governor Powell. At the time of the veto there were 90 member towns. In January 1960, NHMA President, James C. Chamberlin, wrote: The Association believed it unfair to ask cities to continue paying service charges in support of the organization when towns www.nhmunicipal.org

could not do so. And even with all cities paying dues, it appeared virtually impossible to maintain the office with fulltime secretary and part-time executive director. Accordingly, the Concord operation has been given up, along with the necessary overhead expenses, which we could no longer afford. We are asking all former members, individuals and advertisers to support our magazine, Town and City. Only in this way can we continue to provide some of the many services we have felt so worthwhile to New Hampshire communities. By February 1960, 60 cities and towns had subscribed to the magazine, in addition to more than 100 individual subscriptions.

1960 In May 1960, the battle over establishing NHMA as a volunteer organization deepened when Governor Powell convened a meeting of over 100 municipal officials in Concord to consid-

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er formation of a department of Local Government in New Hampshire patterned after a similar program being pioneered in New York. This issue drew derision from the Association who posed this question: Should towns and cities in New Hampshire be permitted to organize and join, voluntarily, a Municipal Association, or should there be a new state department created to assist municipal government with new and increase problems of administration?” If Governor Powell says the towns and cities have no right to set up their own association voluntarily, with taxpayers money, he has no business, nor should the legislature approve, his proposal to set up a new and unwanted bureau at Concord, also financed—under compulsion—by the taxpayer.”

1962 After lengthy discussions of the financial aspects of reactivation of the Asso-

ciation, NHMA’s executive committee voted in November, 1961 to proceed with the rapid reactivation of the Association, the hiring of an executive director and the opening of an office. The Spaulding-Potter Charitable Trusts provided NHMA with a grant of $20,000 up to April 1, 1964, to help rebuild this voluntary association of New Hampshire cities and towns. A dinner meeting of the Association was organized for January 25, 1962, at the former New Hampshire Highway Hotel, and several months later, in March 1962, NHMA had been reopened with a new executive director, David L. Mann, with offices at 64 South Main Street, Concord. STAY TUNED. Look for the next installment retracing our history in the upcoming issue of New Hampshire Town & City magazine.

JANUARY/FEBRUARY 2016

UP CLOSE AND PERSONAL

he Up Close and Personal column is designed to give readers a closer look at NHMA board members. In this issue, we introduce David Stack, town manager for the Town of Bow. David has been volunteering his time on the NHMA board since 2015. T&C: What is your biggest challenge in performing your duties? DS: A general mistrust of government has begun to trickle down to local government. Many people feel that they have no say as to how government operates or performs, at every level including local government. I continually remind residents that they have the opportunity to have a say and make their opinions known. Opportunities to do so include annual town meeting, where they are able to discuss and vote on the annual budget and warrant articles that are presented. Residents need to know that they are a part of their local government and they play an important role in influencing how it operates and what it provides.

David Stack

T&C: How has NHMA helped you to do your job? DS: NHMA provides the opportunity to learn about the issues facing communities and to meet with other local government officials to discuss how to best address common problems and concerns. Even though I have served as a town administrator and manager for 25 years, there is always something new to learn. NHMA provides that opportunity through the annual conference, the many training programs offered, and the resources available through its publications and website. T&C: Has your public position changed you personally? DS: I have learned to be more patient with the process of local government and the democratic process. At one of my first town meetings, voters were discussing a proposal that the board and I had presented and some voters spoke against it. I felt that I needed to jump up and offer a counter-argument. One of the selectmen advised me to let the discussion happen among the voters and let them make up their own mind as to how they should vote. T&C: What lessons about human nature have you learned in your municipal role? DS: There are many people who are willing to serve on various town boards, committees and commissions. They all care about their community and they are motivated to contribute their time, knowledge and abilities for the good of the town. We could not do what we do without these volunteers. T&C: What advice would you give someone who would like to follow in your footsteps into this job? DS: Be energetic and willing to work on a wide variety of issues. You need to make sure that you are able to work with all types of people and be a good listener. You also need to be prepared to provide as much information as possible to the decisionmakers, whether it is the board of selectmen or the voters.

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UP CLOSE & In the Field

PERSONAL W

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 local government officials from New Hampshire municipalities. In this issue, we hope you enjoy meeting David Goldstein, chief of police for the City of Franklin.

T&C: What are your duties and responsibilities as police chief? DG: For all intents and purposes, I am responsible for everything that involves the Franklin Police Department. T&C: What is your biggest challenge in performing your duties? DG: My greatest challenge is to meet people’s needs, which include the needs of the public, other city employees and the members of the department themselves. Now this, in no way, implies that the public safety is any less important. However, in order to be able to deliver the services required, I have to ensure that my people are able to perform their respective duties and responsibilities.

Chief David Goldstein

T&C: How has NHMA helped you to do your job? DG: NHMA has provided a number of resources that make it possible for me to be better informed and well-rounded vis-à-vis my responsibilities and the community itself. The online as well as printed materials are invaluable. Forums and trainings are very important as well. T&C: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? DG: In 1991, James Colbert murdered his wife and three daughters. His wife was 30 and his daughters were 2 1/2 years, 1 1/2 yrs and 10 weeks old. I was a member of the NH State Police Major Crime Unit and officer-in-charge of the crime scene and we were able to convict him of four counts of first degree murder which resulted in four consecutive life terms in prison without the possibility of parole. That was a difficult case and required a great deal of time, energy, and expertise.

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine? If so, please contact the New Hampshire Municipal Association at 800.852.3358 ext. 3408 or townandcity@nhmunicipal.org.

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T&C: Has your public position changed you personally? DG: Indeed it has, in so many ways. I have a deep rooted appreciation for life. I find that both sides of the story, so to speak, are important. Most of all, human beings, while incredibly strong and resilient are actually very delicate and frail, both physically and emotionally. T&C: Do you dislike any aspects of your job? Which ones? Why? DG: I dislike the fact that so many are so willing to judge a police officer’s actions with little or no facts or insight. We are a microcosm of the communities we serve. And yet, when held up to public ridicule, those same people are often willing to condemn without knowing the actual facts and circumstances. The issues occupying so much press are most often explainable and legitimate, but for some reason, many community members condemn first. JANUARY/FEBRUARY 2016

Tech

Insights

Hook, Line & Sinker!

By Tim Howard

mail Phishing and Spear Phishing are quickly becoming more sophisticated and more targeted than ever before. It is critical that you understand these threats to your municipal’s network. Awareness of key threats will enable you to employ practices and behaviors that limit your risks.

through to your inbox. Therefore, the end user/employee is the last, and most important layer of defense against phishing attempts. That is why employee awareness training is so important. This will involve putting practices and policies in place that promote security, and training employees to be able to identify and avoid risks.

What exactly is email phishing and spear phishing?

Tips to Avoid Malware

Email Phishing is the attempt to acquire sensitive information such as usernames, passwords, and credit card details (and sometimes, indirectly, money), often for malicious reasons, by masquerading as a trustworthy entity in an electronic communication. Email Spear Phishing is mostly the same as phishing. The difference is that the attack is targeted towards a specific key person or group. The spear phisher thrives on familiarity. They typically already know your name, email, and more (info about you is easily gathered from social media). The Sony, Anthem, and Target breaches all began with a phishing scam. Once a malicious link is clicked on, cyber criminals use techniques like hiding downloads of malware on your system, placing keyloggers on your PC to capture keystrokes, or using different forms of ransomware to extort cash from victims by encrypting your data and demanding cash for the data back.

BUT, I employ Network Administrators, and they implement top security measures. So I’m covered, right? The best security technology in the world can’t help you unless employees understand their roles and responsibilities in safeguarding sensitive data and protecting company resources. If you are already patching applications, keeping anti-virus software up to date, monitoring and preventing access to malicious websites, then you are already screening out the majority of malious attacks, BUT the cyber criminals are always developing new tactics, and some will still get 36

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Below are tips provided by the Federal Trade Commission. Please read and share them with your staff. These are simple tips for avoiding malware. • Keep your security software updated. At a minimum, your computer should have anti-virus and anti-spyware software, and a firewall. Set your security software, internet browser, and operating system (like Windows or Mac OS) to update automatically. • Instead of clicking on a link in an email, type the URL of the site you want directly into your browser. Criminals send emails that appear to be from companies you know and trust. The links may look legitimate, but clicking on them could download malware or send you to a spoof site designed to steal your personal information. • Don’t open attachments in emails unless you know who sent it and what it is. Opening attachments — even in emails that seem to be from friends or family — can install malware on your computer. • Download and install software only from websites you know and trust. Downloading free games, filesharing programs, and customized toolbars may sound appealing, but free software can come with malware. • Minimize “drive-by” downloads. Make sure your browser security setting is high enough to detect unauthorized downloads. For Internet Explorer, for example, use the “medium” setting at a minimum. • Use a pop-up blocker and don’t click on any links within pop-ups. If you do, you may install malware on your computer. Close pop-up windows by clicking on the “X” in the title bar. • Resist buying software in response to unexpected pop-up messages or emails, especially ads that claim to www.nhmunicipal.org

have scanned your computer and detected malware. That’s a tactic scammers use to spread malware. • Talk about safe computing. Tell your employees that some online actions can put the computer at risk: clicking on pop-ups, downloading “free” games or programs, opening chain emails, or posting personal information. • Back up your data regularly. Whether it’s text files or photos that are important to you, back up any data that you’d want to keep in case your computer crashes.

Creating awareness with your employees is a critical element of security. They need to understand the value of protecting customer and colleague information and their role in keeping it safe. They also need to know the basics on how to make good judgments online.

Tim Howard is President and CEO of RMON Networks located in Plaistow and Laconia. For FREE resources like virus removal tools, policy templates, an employee training kit, and more visit RMONnetworks.com/informationsecurity.

Most importantly, they need to know the policies and practices you expect them to follow in the workplace regarding Internet safety.

Responsive, quality engineering services. Working with communities like yours since 1974.

An employee-owned company in North Conway, NH ● www.hebengineers.com

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JANUARY/FEBRUARY 2016

The

REPORT

Responding to the Challenge of Rising Health Insurance Premiums By Mark Broth

ffective in 2020, the Affordable Care Act (“Obamacare”) will impose an excise tax on health insurance plans whose total premium costs, including both employer and employee contributions, exceed certain pre-established price points. Premiums in excess of those price points will be subject to a 40 percent excise tax. Currently, the so-called “Cadillac Tax” will be triggered if a family health insurance plan has a total premium cost in excess of $27,500 ($30,500 for plans that cover emergency services personnel), with lower thresholds for single and two person plans. If a municipality or school district has not already done so, it would be prudent to determine whether the health insurance plans currently offered to employees are already over the Cadillac Tax threshold, or whether, assuming reasonable rate of medical inflation, those plans project to be over the threshold by January 2018. If either is true, and if it can be assumed that local taxpayers would not like to see their tax dollars being expended to pay a federal excise tax, then immediate consideration should be given to lowering premium cost by changing health insurance plans. Some might argue that the Cadillac Tax will never become a reality—that Obamacare will be repealed or significantly modified by the next administration, or that the Cadillac Tax will be delayed or the thresholds raised. All or none of this may come to pass. Regardless, many communities are currently facing a significant unfunded liability, which, if it becomes a reality, could have devastating financial consequences. Even if the Cadillac Tax never becomes a reality, public employers are still facing a health insurance crisis. A 2014 Kaiser Family Foundation study showed that over the 10 year period between 2004 and 2014, the average total cost of health insurance plan premiums had increased by 69 percent. The study found that the average amount that employees had been asked to contribute towards premiums had increased by 81 percent over the same time period. 38

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This rate of increase is simply not sustainable. Many employers can remember when the total cost of all employee benefits, including employer funded health insurance, represented 20-25 percent of total compensation. Given the fact that the rate of premium increase has significantly outpaced the rise in wages over the same time period, benefit costs now exceed 50 percent of total compensation for many entry level employees. These benefit costs have fundamentally changed the workplace. Here is just one example. Federal overtime laws enacted during the Great Depression were intended to incentivize employers to increase the size of the workforce so that most work could be performed at straight time rates. However, the high cost of employer provided health insurance has actually made it less expensive to pay overtime to fewer employees rather than add benefit eligible positions. As a result, the public sector workforce is leaner than ever and many employees are expected to work significant amounts of overtime hours. The obvious solution is to lower premium costs. Cost shifting—asking employees to pay a larger percentage of the premium—may provide temporary relief. However, cost shifting results in increased pressure on employers to increase wages. With New Hampshire among the states with the lowest rate of unemployment, employers are already feeling pressure to increase wages in order to recruit and retain good employees. Cost shifting will not make it easier for employers to attract the workforce necessary to provide governmental services. An alternative solution is to substitute lower cost alternatives for existing health plans. For some employers, this will be unavoidable, as risk pools and insurance carriers are eliminating entirely some of their most expensive health insurance products. I do not pretend to be an expert on how insurance premiums are set, but it is obvious that the scope of services and service providers, the utilization experience of the employer www.nhmunicipal.org

or pool, and the amount of risk borne by the insured employee are all part of the calculation. Interestingly, premium cost-sharing is not a significant consideration, as it has been largely ineffective as a method of changing consumer behavior with regard to medical care. While it is hoped that wellness programs and other proactive measures will help lower future experience ratings, it appears that asking employees to take on greater risk is the most effective way of lowering premiums.

workplaces, employers rarely have the ability to unilaterally change health insurance plans. As a result, employers need to consider how employees can be encouraged to overcome their apprehension regarding higher risk plans. Beyond educating employees on how the plans operate and how to be better medical care consumers, employers need to consider whether some portion of the premium savings resulting from risk shifting should be shared with employees.

Employees take on greater risk when there is a direct out of pocket cost associated with medical expenses. Unlike premium cost sharing, where an amount is automatically deducted from pay so that employees are less conscious of the expense (and are almost incentivized to “get their monies worth”), risk shifting requires employees to be thoughtful about each medical expense. This is accomplished either through co-pays (for example, a $20 fee for each physician office visit or $100 for an emergency room visit), or deductibles, where the employee is responsible for the entire cost of medical care up to a preset limit. By shifting those risks to the employees, it is anticipated that they will become more cost-conscious consumers.

Risk shifting is not intended to deny employees access to health care. It is cost-effective for employers to have a healthy workforce. Instead, the intent is to encourage employees to be more mindful of the cost of the medical services and to apply their skills as consumers to make value based purchases.

Risk shifting can have a dramatic impact on health insurance premiums. For some employers, the move from a higher end health maintenance organization (HMO) or indemnity plan to a plan where employees carry greater risk could be in excess of $10K per family plan. Cost sharing does nothing to reduce the total premium costs. In contrast, risk shifting produces real savings, which is reflected in decreases in the amount of employer and employee premium costs. But from the employees’ perspective, those savings are offset by the increased risk, which could make employees hesitant to adopt higher risk plans. In unionized www.nhmunicipal.org

The “shared savings” approach has the potential of allowing employers and employees to partner towards their mutual benefit. By reducing premium costs, employers can free up cash and apply it for other purposes. For example, employers facing significant turnover costs resulting from new police officers or firefighters leaving after several years for higher pay in other communities may be able to offer wage adjustments without sourcing new money from the taxpayers. Employers can also consider increasing employee take home pay by reducing, rather than increasing, premium cost sharing. Employers can also consider subsidizing the additional risk undertaken by employees through the use of employer contributions to tax deferred advantaged Health Savings Accounts (HSAs), Health Reimbursement Accounts (HRAs), Flexible Spending Accounts (FSAs) or other partial risk subsidies.

that result from risk shifting can protect both employer and employees from the impact of the looming Cadillac Tax. Even if the Cadillac Tax never becomes a reality, risk shifting allows employers and employees to shift dollars away from health insurance premiums and put them under the employees’ control, either through adjusted wages or to tax advantaged accounts. Achieving these results requires a commitment of time and effort on the part of elected officials, administrators, employees and their families to understand the new plan options and the practical implications of risk shifting, and to develop an approach to shared savings that meets the needs of your community. Considering that the “cost of doing nothing” includes the continual increase in health insurance premiums and the potential impact of an unfunded Cadillac Tax liability, it is well worth the effort to give risk shifting plans serious consideration. Mark Broth is a member of the DrummondWoodsum’s Labor and Employment Group and his practice focuses on the representation of private and public employers in all aspects of the employeremployee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2016 Drummond Woodsum. These materials may not be reproduced without prior written permission.”

Risk shifting through a shared savings approach presents tremendous opportunities for public sector employers and employees. The lower premiums JANUARY/FEBRUARY 2016

Legal

Q and A

By Stephen C. Buckley, Legal Services Counsel with the New Hampshire Municipal Association

Election Readiness I. VOTING REGISTRATION Q: Can the voter registration form require a person to agree they must register a motor vehicle and apply for a New Hampshire driver’s license within 60 days of becoming a resident? A: No. In 2012 the New Hampshire Legislature adopted 2012 NH Laws 285:2 requiring persons who register to vote to affirm under oath that by declaring New Hampshire as their domicile, they agree they must register any motor vehicle and apply for a New Hampshire driver’s license within 60 days. In Guare v. State, 167 NH ____ (decided May 15, 2015) the New Hampshire Supreme Court declared that the difference between a “resident” and a person who merely has a New Hampshire “domicile, “ is that a “resident” has manifested an intent to remain in New Hampshire for the indefinite future, while a person who merely has a New Hampshire “domicile” has not manifested that same intent. The Court went on to rule that by requiring a person claiming domicile to also agree they must also establish residency violates Pt. I, Art. 11 of the NH Constitution. That provision of the NH Constitution provides: “Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile.”

Q: Does temporary absence from the state indicate a person no longer has domicile in New Hampshire for voting purposes? A: No, in 2014 the New Hampshire Legislature clarified in 2014 NH Laws 104:1 that temporary absence from the state does no deprive a person of domicile provided they have the intention of returning. The statute, RSA 654:2, also provides that no person shall lose domicile when employed in the service of the United States; nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a teacher in or student of any seminary of learning; nor while confined in any public prison or other 40

NEW HAMPSHIRE TOWN AND CITY

penal institution; nor while a patient or confined for any reason in any nursing, convalescent home or hospital, old folks or old age home, or like institution or private facility.

Q: Are the Supervisors of the Checklist the only persons authorized to receive voter registration applications? A: No, under RSA 654:8 the office of a town or city clerk are required to accept voter registration applications under the following conditions: (1) the supervisors have issued guidelines for the taking of evidence of voter qualifications, (2) no application can be accepted after the last meeting of the supervisors before an election, and, (3) the application is made during the regular business hours of the town or city clerk.

Q: What are the approved forms of documentation or identification necessary in order to register to vote? A: A voter must present proof of citizenship, age and domicile in order to register to vote. RSA 654:12. • The acceptable forms of identification for citizenship are: birth certificate, passport, naturalization papers, a qualified voter affidavit, a sworn statement on the general election day voter registration form, or any other reasonable documentation which indicates the applicant is a United States citizen. • The acceptable form of identification for age are: any reasonable documentation indicating the applicant will be 18 years of age or older at the next election, a qualified voter affidavit, or a sworn statement on the general election day voter registration form. • The acceptable forms of identification for domicile are: any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile in the town, city, or ward in which he or she desires to vote, or a sworn statement on the general election day voter registration form, or a domicile affidavit prescribed in RSA 654:12 (I) (c). www.nhmunicipal.org

Q: Must a person who is registering to vote present a photo identification? A: RSA 654:12 (III) states that if a person who is registering to vote has in her immediate possession an approved photo identification she must present that photo identification in order to register to vote. For voter registration purposes the following forms of identification are deemed sufficient: (1) New Hampshire driver’s license, (2) New Hampshire vehicle registration (3) Armed services identification, or other photo identification issued by the United States government. If the person does not have a photo identification in her possession, she may register if she completes a qualified voter affidavit as provided in RSA 652:12 (I) (a).

Q: Can a person register to vote on election day? A: Yes, any qualified voter may register to vote on election day. Same day voter registration applies to state primary and to state general elections, all town, city, school district, and village district elections, and to all official ballot meetings where persons may vote by absentee ballot. RSA 654:7-a. New Hampshire has not been required to fully implement the National Voter Registration Act of 1993, 42 USC §197gg et seq., because New Hampshire has election day registration at polling places. That federal law applies to 44 states and mandates the availability of voter registration when applying or renewing a driver’s license, at offices of state funded disability assistance programs and voter registration by mail.

II. ABSENTEE BALLOTING Q: In general, who is permitted to vote by absentee ballot? A: • Any person who is absent on election day from the city, town, or unincorporated place where he is registered to vote. If a person www.nhmunicipal.org

is unable to appear at any time during polling hours because they must remain physically at work or be in transit to or from work when the polls are open is also eligible to vote absentee. • Any person who cannot appear in public on election day because of his observance of a religious commitment. • Any person who is unable to vote in person by reason of physical disability. RSA 657:1.

Q: What absentee balloting rules govern uniformed service members and those living overseas? A: • An absent uniformed services voter has the right to vote absentee in any state election in the town or city in New Hampshire in which she had her domicile immediately prior to service, even though she no longer maintains domicile in said town or city and even though her intent to return thereto is uncertain. • Absent voters temporarily residing outside the United States. An absent voter temporarily residing outside the United States shall have the right to vote absentee in any election in the town or city in New Hampshire in which she had her domicile immediately prior to her departure. RSA 654:3.

Q: How does a person obtain permission to vote absentee? A: • First, the voter must request an absentee voter application form from the secretary of state or from any town or city clerk. • The absentee voter application form must be mailed or delivered to the applicant. • The completed absentee voter application form must then be sent by the voter to the clerk of

the town or city in which he or she desires to vote. RSA 657:6.

Q: What procedure must the city or town clerk follow to verify the submitted absentee voter application? A: • For a state general election or a local election the town clerk must determine if the applicant is on the checklist of voters. • For a state or presidential primary election the town clerk must determine if the applicant is on the checklist of voters and is properly registered as to party designation. RSA 657:12 - :13.

Q: How are absentee voting ballots delivered to absentee voters? A: After the absentee voter application has been verified the clerk must retain the application and, without delay, personally deliver or mail to the applicant the appropriate ballot and other materials. For Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters the clerk has the option to email an absentee ballot to a voter. The clerk must send absentee ballots in response to verified absentee ballot requests until 5:00 p.m. on the day before the election. RSA 657:15.

Q: How and when must absentee ballots be returned to the town or city clerk? A: • The voter must either mail or personally deliver the completed absentee ballot to the town or city clerk. • The voter’s spouse, parent, sibling, or child may also deliver the absentee ballot if the family member completes a form provided by the secretary of state, which shall be maintained by the city or town clerk, and the family member presents a governmentissued photo identification or has JANUARY/FEBRUARY 2016

LEGAL Q & A from page 41 his or her identity verified by the city or town clerk. RSA 657:17. • Absentee ballots must be received by the city or town clerk by no later than 5:00 pm on election day. RSA 657:22.

Q: What happens if a voter’s name has been marked on the checklist as voting absentee appears at the polling place on election day? A: The ballot clerk shall notify the moderator if a voter appears at the polling place on election day to vote and that voter’s name has been marked as voting absentee on the checklist. RSA 659:55.

III. VOTER INDENTIFICATION Q: What form of photo identification must a voter present to obtain a ballot? A: • A valid photo identification showing the name of the individual to whom the identification was issued, and the name shall substantially conform to the name in the individual’s voter registration record; it also shall show a photograph of the individual to whom the identification was issued. • The photo identification shall also have an expiration date that has not been exceeded by a period of more than 5 years, except that a voter 65 years of age or older may use an otherwise qualified form of identification without regard to expiration date. • The following are deemed valid photo identifications: -- A driver’s license issued by any state or the federal government. -- A New Hampshire DMV

non-driver’s identification card or a non-driver’s identification card issued by the motor vehicles division, department, agency, or office of any other state. -- A United States armed services identification card. -- A United States passport or passcard. -- A valid student identification card that has either an expiration date or an issuance date that has not been exceeded by a period of more than 5 years, except that, at all elections prior to September 1, 2018, student identification cards without a date of expiration or issuance shall be accepted, and the student identification card is issued by: 1. A college, university, or career school in New Hampshire and approved to operate or licensed to operate in New Hampshire. public high school in 2. A New Hampshire. nonpublic high school 3. A in New Hampshire accredited by a private school accrediting agency that is recognized by the department of education. 4. Dartmouth College. 5. A college or university operated by the university system of New Hampshire or the community college system of New Hampshire. RSA 659:13 (II).

Q: What procedure must be followed when a voter is unable to produce a valid photo identification?

voter affidavit, and the moderator or the moderator’s designee shall take a photograph of the voter and immediately print and attach the photograph to, and thus make it a part of, the affidavit form. The photograph shall be 2 inches by 2 inches, or larger, and be in color. The moderator or his or her designee who took the photograph and the voter shall then sign the challenged voter affidavit. • If the voter objects to the photograph requirement because of religious beliefs, he or she may execute an affidavit of religious exemption in accordance with RSA 659:13-b, which shall be attested to by an election officer and attached to the challenged voter affidavit. • The person’s identity may be verified by a moderator or supervisor of the checklist or the clerk of a town, ward, or city, provided that if any person authorized to challenge a voter under RSA 659:27 objects to such verification, identifies the reason for the objection in writing, and states the specific source of the information or personal knowledge upon which the challenge of the photo identification is based, the voter shall be required to execute a challenged voter affidavit as if no verification was made. RSA 659:13. Stephen C. Buckley is Legal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 800.852.3358 ext 3408 or at legalinquiries@nhmunicipal.org.

A: • If the voter does not have a valid photo identification, the voter shall execute a challenged

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Court

Update

By Stephen C. Buckley, Legal Services Counsel and Margaret M.L. Byrnes, Staff Attorney

Court Update, previously a regular column in New Hampshire Town and City magazine, has moved to the New Hampshire Municipal Association web site to provide more timely information to NHMA members. Opinions will be posted after they are released, and a reminder will be included here and sent in Newslink. To read previous Court Update columns, please visit www.nhmunicipal.org.

Now available online: Amendment to RSA 676:17, I Applied Retroactively Town of Bartlett v. Edward C. Furlong, New Hampshire Supreme Court No. 2014-0063, 9/22/2015 Municipalities, like the State, are Immune from Defamation Claim Scott McCarthy v. Manchester Police Department, New Hampshire Supreme Court No. 2014-0773, 9/22/2015 Variance Request Not Precluded by Building Permit Application Merriam Farm v. Town of Surry, New Hampshire Supreme Court No. 2014-0702, 9/22/2015

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