New Hampshire Town and City, March-April 2019

March/April 2019

TownandCity N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

In This Issue:

Excellence in Local Government/Riggins Rules.................. 8 Crafting Rules of Procedure for Your Public Body........... 13 How to Really Listen to Others........................................... 17 25 Tips for Newly Elected Local Government Officials... 18 15 Tips to Being an Active and Effective Municipal Advocate in the Legislature................................................. 20

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

Contents Table of

Volume LXII • Number 2

March/April 2019

3 A Message from NHMA’s Executive Director 5 Happenings 7 Upcoming Events 23 Up Close and Personal on the Board: Jeanie Forrester 25 Up Close and Personal in the Field: Austin Albro 26 NHARPC Report: How GIS is Transforming Data into Actionable Solutions 28 Name That City or Town 29 This Moment in History 32 NLC Report: Dillon's Law versus Home Rule 35 AFILLIATE SPOTLIGHT: New Hampshire Government Finance Officers Association 36 LEGAL Q&A: Legal Services Department: 2018 Year-in-Review

8

Excellence in Local Government: Building on Commitment Civility and Cooperation/Riggins Rules

13

Crafting Rules of Procedure for Your Public Body

17

How to Really Listen to Others

18

25 Tips for Newly Elected Local Government Officials

20

15 Tips to Being an Active and Effective Municipal Advocate in the Legislature

Cover Photo: Deerfield Town Hall photo by former Town Administrator, Jeanette Foisy.

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

Margaret M.L. Byrnes Timothy W. Fortier

Contributing Editor Margaret M.L. Byrnes

Barbara T. Reid Production/Design

Evans Printing Co.

Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. Individual copies are $10.00 each. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301.

NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2019 New Hampshire Municipal Association

www.nhmunicipal.org

MARCH/APRIL 2019

1

New Hampshire Municipal Association

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

As of December 14, 2018

Shaun Mulholland - Chair Manager, Lebanon

Jim Maggiore - Vice Chair Selectman, North Hampton

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Rick Hiland - Secretary Selectman, Albany

Brent Lemire Immediate Past Chair Selectman, Litchfield

Laura Buono Town Administrator, Hillsborough

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Shelagh Connelly Selectman, Holderness

Phil D’Avanza Planning Board, Goffstown

M. Chris Dwyer Councilor, Portsmouth

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Administrator, Newmarket

Elizabeth Fox Asst. City Manager, HR Director, Keene

Katie Gargano Clerk/Tax Collector, Franklin

Christopher Herbert Alderman, Manchester

Bill Herman Town Administrator, Auburn

Neil Irvine Selectman, New Hampton

Harold Lynde Selectman, Pelham

Scott Myers City Manager, Laconia

Donna Nashawaty Town Manager, Sunapee

John Scruton Town Administrator, Barrington

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

2

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

A Message from the

NHMA

Executive Director Margaret M.L.Byrnes As I write this in late January, just outside my window are the results of the first big snowstorm of the year. I certainly hope when you’re reading this in March, you’re not looking out at a similar white landscape, unless, of course, you’re at a ski resort—in which case, let it snow!

March means it’s town meeting season for many of us. It’s a busy time, an exciting time, and, yes, a stressful time! And while town meeting embraces one of our most important and long-standing traditions, it is also a time that rings in change—from newly-elected officials to new projects and plans. Just think: in other parts of the country, voters don’t know about late night motions for reconsideration, petitioned warrant articles, or floor amendments! It reminds us here at NHMA of our important role in supporting and fighting for local control. We also want to thank those who have served—and look forward to working with new and experienced officials in the years to come.

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And for us, March means we are about to launch “spring training.” Unfortunately, I’m not referring to Florida weather and baseball, but, instead, to NHMA’s spring workshop “lineup.” Whether you’re seasoned or green, and whether you’re a town, city, or village district official, NHMA has learning opportunities for all municipal officials and employees this spring, starting with our Local Officials Workshops, held in five locations around the state in April and May. There will also be Right-to-Know Law workshops, A Hard Road to Travel workshop, and code enforcement, among others—and don’t forget to check out our webinar schedule!

And even if it’s not town meeting season for your municipality, it’s legislative season for all of us. NHMA continues to be your voice at the legislature; there are numerous bills in the legislature this Warmest regards, year affecting municipalities, particularly in a budget year. If you’re not already, we encourage you to follow the Margaret M.L. Byrnes, NHMA Executive Director legislative session through our Legislative Bulletin.

MARCH/APRIL 2019

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Regional Right-to-Know Workshops $35 without publication or $55 with publication

A Guide to Open Government: New Hampshire's Right-to-Know Law. The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state. Every board, committee, commission, and advisory committee in every town, city, and village district in New Hampshire must comply with this law, which requires that discussions and actions of these bodies take place in a public meeting, subject to exceptions.

The Right-to-Know Law and Governmental Meetings 6:30 pm—8:30 pm Tuesday, March 26, 2019 Derry Municipal Center 14 Manning Street Derry, NH 03038 Governmental Meetings 6:30 pm—8:30 pm Tuesday, July 23, 2019 County Hall 12 Court Street Keene, NH 03431

Governmental Records 1:30 pm—4:00 pm Tuesday, August 6, 2019 Moultonborough Safety Complex 1035 Whittier Highway Moultonborough, NH 03254

Join Executive Director Margaret Byrnes and Legal Services Counsel Stephen Buckley who will discuss the requirements for holding a proper public meeting, as well the exceptions to the meeting requirement (the so-called “non-meeting”). Then the attorneys will discuss the purposes for which public bodies may hold a nonpublic session, as well as the procedural requirements for a proper nonpublic session.

This workshop will also address difficult “meeting” issues, such as communications outside a meeting and electronic means of communicating, and penalties and remedies provided in RSA Chapter 91-A. There will be ample time for questions and answers.

CHECK OUT NHMA’S PUBLICATION! A Guide to Open Government: New Hampshire’s Right-to-Know Law

ent

m vern en goow Law to op s Right-to-Kn uide New Hampshire’

a g

Who Should Attend?

Everyone in Municipal Government

Includes Top Ten Compliance Tips Public Meeting & Governmental Records Posters Is it a Meeting Flow Chart Remote Participation Checklist And More!

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

Questions? Call 800.852.3358 or email NHMAregistrations@nhmunicipal.org.

4

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

HAPPENINGS A Roomful of “New” The advent of a new year brought a sense of “newness” to the administration of the New Hampshire Municipal Association in January. At its recent full board meeting held on January 18, 2019, Shaun Mulholland (Manager, Lebanon) presided in his first meeting as the new board chair.

Mulholland took over the reigns from Brent Lemire (Selectmen, Litchfield) who had held this position for the last two years. Although not new to NHMA, Margaret Byrnes reported to the board in her new capacity as executive director having replaced Judy Silva after 27 years of service to NHMA. We wish both Shaun and Margaret great success in their new roles serving New Hampshire municipalities!

(from left to right) Jim Maggiore, Board vice-chair; Shaun Mullholland, Board chair; Margaret Byrnes, Executive Director; Cordell Johnston, Government Affairs Counsel; and Stephen Buckley, Legal Services Counsel.

Londonderry TIF District Adds $67 Million in Property Value Town Manager Kevin Smith said the tax increment financing (TIF) district for the area that includes the new F.W. Webb and EFI buildings has been closed out because the town made its last payment reimbursing for infrastructure projects in July and finished collecting taxes to pay for it this month.

New Hampshire's Law Enforcement officials in full force at NHMA's Rightto-Know workshop on January 16th.

A Roomful of “Blue” On January 16, NHMA’s Executive Director Margaret Byrnes and Legal Services Counsel Stephen Buckley hosted a roomful of local police officers and shared insights and strategies to assist law enforcement officials in handling governmental record matters arising under the Right-to-Know Law. The disclosure of police records is governed in part by the Right-to-Know Law and in part by rules imported from federal law under the Freedom of Information Act (FOIA).

This workshop answered many questions about withholding records compiled for law enforcement purposes when disclosure would interfere with enforcement proceedings or based on other FOIA factors. Attention was also paid to disclosure exemptions found in other New Hampshire statutes governing Body Worn Cameras, motor vehicle records, gun licenses, police personnel records, and the retention of police records. www.nhmunicipal.org

As a result, Smith said $67 million will be added for next year’s property valuation. He said that will go toward the overall tax rate to reduce the burden on residents.

“We’re reaping what we sowed, in a good way,” Smith said.

TIF districts are a common way municipalities subsidize public infrastructure projects related to major developments, by delaying property value increases and diverting new revenue from the district to pay off the subsidies.

The agreement included no up-front costs paid by the town, and they had a few years to reimburse companies for public infrastructure projects.

About $1.25 million was reimbursed to the developers who paid up front for those projects.

This is the second TIF district to close in the Pettengill Road area. The first one included the UPS Pratt Whitney facility.

Smith said there’s potential for doing more TIF districts like these in the future, as long as the development agreements follow the same guidelines.

MARCH/APRIL 2019

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HAPPENINGS from page 5 Londonderry Town Assessor Rick Brideau said the district worked very well.

distribution centers. F.W. Webb is a 1-million-square-foot facility.

“It’s a faster way to get things done, in my opinion,” Brideau said.

Some of the increased valuation has already been realized for this fiscal year, so in the next year the total property valuation is expected to increase by $26 million.

He said EFI isn’t taxed on the land, which is owned by the city of Manchester, but it’s taxed on the building.

“It’s really a win-win for the community and the developer,” town Finance Director Doug Smith said.

Doug Smith said the TIF district agreement doesn’t technically close until the end of the fiscal year in June for accounting purposes, but as of this month, all activity on the TIF district has ended.

He said $1 million was reimbursed to F.W. Webb’s developers and $250,000 was reimbursed to the EFI developers.

The property on Pettengill Road, which is adjacent to the ManchesterBoston Regional Airport, is prime real estate for large, high bay facilities like

“For all intents and purposes, we’re kind of done with it,” he said.

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

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Source: Ryan Lessard, Union Leader Correspondent, New Hampshire Union Leader E-Edition Article dated Friday, December 7, 2018

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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.

MARCH

MAY

Webinar: The Right-to-Know Law and Governmental Meetings Wednesday, March 13 12:00 pm – 1:00 pm

Regional Right-to-Know Law Workshop Friday, May 3 1:30 pm – 4:00 pm Safety Complex, Dover

Regional Right-to-Know Law Workshop Tuesday, March 26 6:30 pm – 8:30 pm Derry Municipal Center, Derry

Local Officials Workshop Wednesday, May 8 9:00 am – 4:00 pm (lunch on your own) River Valley Community College, 15 Hanover Street, Lebanon

APRIL

Workshop: Code Enforcement Friday, May 17 9:00 am – 12:00 pm NHMA Offices, 25 Triangle Park Drive, Concord

Local Officials Workshop Wednesday, April 10 9:00 am – 4:00 pm (lunch provided) Frisbie Memorial Hospital Conference Center, Rochester Local Officials Workshop Tuesday, April 16 9:00 am – 4:00 pm (lunch on your own) Peterborough Community Center, Peterborough Webinar: Legislative Half-time Wednesday, April 17 12:00 pm – 1:00 pm

Mountain of Demonstrations/ Hosted by NH Road Agents Association Thursday, May 23 9:00 am – 1:00 pm Mount Sunapee Resort, Newbury Local Officials Workshop Tuesday, May 21 9:00 am – 4:00 pm (lunch on your own) The Meeting House, Sugar Hill

A New Hard Road to Travel Workshop Friday, April 26 9:00 am – 1:00 pm NHMA Offices, 25 Triangle Park Drive, Concord

www.nhmunicipal.org

MARCH/APRIL 2019

7

Excellence in Local Government Building on Commitment, Civility and Cooperation

I

n New Hampshire, our system of local government depends heavily upon dedicated men and women who are willing to accept the responsibility of public service, often on a volunteer basis. These hard-working people devote incredible amounts of time and effort to what can be, at times, be a thankless job. We are fortunate in New Hampshire to have so many wonderful local officials and employees. Every role in local government is an important role. When the work of local government is done properly, many citizens may not realize how much effort it took, and results can be taken for granted. When problems arise, however, local officials are quick to bear the brunt of public discontent, regardless of the cause. The willingness of local officials to take on this challenge is what makes our system of local government possible.

Local officials have a lot on their plates from the moment they are elected or accept an appointment. First of all, there is a lot to learn. New board members or officials quickly realize how much there is to know about their communities and about state and federal law, local ordinances, and the functions of their boards or positions. No matter how long an official has been involved in municipal government, there is always something new to learn. Laws change, practices and policies shift, and new priorities arise. Over time, officials must perform their day-to-day duties while keeping one eye on the future as they map out their goals. It can be very challenging to stay ahead of all this (or even to stay current!), and it is natural at times to become narrowly focused on immediate issues and short-term results. An action plan, a working knowledge of the extent of the board’s legal authority and a focus on results all contribute to productivity.

These things are important for all officials.

Of equal or perhaps greater importance, however, is a clear sense of the larger goal of all local government service: pro8

NEW HAMPSHIRE TOWN AND CITY

tecting and promoting the welfare of the community. With this ultimate goal in mind, questions about who is in charge and what the limits are of a particular board’s or official’s authority become somewhat less important. In fact, despite the best intentions, a focus on the “territorial” aspects of local government can actually make it more difficult to reach the true goal of public service.

Perhaps a more beneficial approach is one focused on commitment, civility and cooperation in local government.

These general principles were the basis of a set of 39 aspirational guidelines for public board members developed in 1967 by the late Fred Riggins, former chairman of the Phoenix, Arizona Planning Commission (see sidebar). Forty years later, the Riggins Rules still ring true. Although certain references reflect the times in which Mr. Riggins lived (for example, all-male references and an assumption that a jacket and tie are standard attire), the wisdom of the guidelines is as relevant today as it was then.

Commitment Before accepting any position, it is always a good idea to find out how much time will really be required. If a person decides to accept a position, other board members and the citizens in the community have the right to expect this person to show up on time and prepared to most, if not all, meetings. There may be additional work required between meetings as well. After all, local government must continue to operate, even during the summer months and holiday seasons. In addition, the public has the right to expect board members and officials to be accountable for their actions while they hold a position of trust in the community.

Civility The most productive boards are those operating in an atBy Heather M. Burns mosphere of mutual respect.

Local officials are frequently www.nhmunicipal.org

called upon to make difficult choices.

Tensions can run high when a board is faced with the unpleasant task of choosing the “least bad option.” Reasonable people can (and do) disagree on important issues. These differences of opinion are inevitable but don’t have to be disastrous. It is often helpful in these situations to remain calm and thoughtful, with personal emotions in check, and with an open mind. This is not always easy. However, when board members are able to remain respectful of one another, it is far easier to resolve the issue than when tempers flare.

Effective boards are populated with members who can each hold a minority viewpoint when voting on an issue and then openly support the majority decision once it has been made.

Cooperation Local government is a system made up of many boards, officials and employees. Each is a part of the whole, but this does not mean that they will agree on everything. Many facets of this system are designed to ensure that more than one set of minds considers an issue, such as the give and take on a town budget between a board of selectmen, an official budget committee and the voters. In the heat of the process, it can be easy to get caught up in “who is in charge” or “who is right.”

What is really important, however, is that a good decision is made for the community at the end of the process.

It can be much easier to reach that goal when board members can communicate effectively and remain open to the

possibility that alternate solutions may exist. Of course, giving in merely to avoid confrontation or disapproval is not helpful, but compromise is necessary at times to reach the best result.

Although written decades ago, these rules still hold true today. These rules are a reflection of how one person viewed his position and responsibility as a board and commission member.

Our local officials and employees across New Hampshire have a long tradition of excellence in public service. We look forward to a future where that tradition remains strong.

This article, written by C. Christine Fillmore, first appeared in the September, 2007 edition of Town & City Magazine.

Suggested Do’s and Don’ts for the Conduct of Public Hearings and the Deportment of Chairmen and Members of Boards, Commissions and Other Bodies

By Fred Riggins

1. Don’t accept an appointment or nomination to a Board, Commission, or Council unless you expect to attend 99.9999 percent of the regular and special meetings, including inspection trips, briefings and public functions where your presence is expected. If your participation falls below 85 percent during any 6 month period, you should tender your resignation. You aren’t doing your job. You aren’t keeping well enough informed to make intelligent decisions, and you are making other people do your work for you.

2. Do create a good impression of city government. Remember that this is the first important contact that many of the people in the audience have had with the administration of their municipality and for some, this is the most important matter in which they have ever been involved. Many will never be back again and many will never have another such contact and experience. Your perforwww.nhmunicipal.org

mance will create in their minds the picture, which they will always carry with them of “the way the city/town is run.”

Make it as pleasant and comforting a picture as possible.

3. Do be on time. If the hearing is scheduled at 7:30, the gavel should descend at the exact hour, and the hearing begun, if there is a quorum. If you have to wait ten minutes for a quorum and there are 100 people in the room, the straggler has wasted two full working days of someone’s time besides creating a very bad beginning for what is a very important occasion for most of those present.

4. Don’t mingle with friends, acquaintances, unknown applicants or objectors in the audience before the meeting and during a recess period, if it can be politely avoided. You will invariably create the impression with the uninformed that there is something crooked going MARCH/APRIL 2019

9

EXCELLENCE from page 9 on, especially when you vote favorably on the case of the applicant you were seen conversing with. When the other fellow’s case comes up and you deny it, he says, “Well, it’s easy enough to see that you’ve gotta know the right people if you ever expect to get anywhere around here.” Save your socializing for some other time and place.

5. Don’t discuss a case privately and as a single member of a body with an applicant or objector prior to the filing and prior to the hearing if it can be politely avoided. In the event that it is not avoidable, and many times it is not, be very non-committal, don’t be too free with advice and by all means explain that you are only one member of the body. Be certain that the person concerned understands that you cannot commit yourself in any manner, except to assure him that he may expect a fair and impartial hearing. Even if the case looks pretty good to you it is wise to be pessimistic about the chances of securing approval.

6. Do your homework. Spend any amount of time necessary to become thoroughly familiar with each matter which is to come before you. It is grossly unfair to the applicant and to the city for you to act on a matter with which you have no previous knowledge or with which you are only vaguely familiar. And you will make some horrible and disturbing decisions.

7. Don’t indicate by word or action how you intend to vote during the portion of the hearing devoted to presentations by the applicant, presentations by any persons appearing in objection, and comments by members of the staff. During this period your body is the judge and the jury and it is no more appropriate for you to express an opinion as to the proper decision, prior to hearing all 10

of the testimony, than it would be for a judge or any member to announce his firm conviction in the middle of a court trial regarding the guilt or innocence of the defendant This is not clearly understood by a majority of persons sitting on hearing bodies. It is not too difficult to phrase one’s questions or comments in a manner that implies that you are seeking information rather than stating an irrefutable fact and that your mind is closed to further argument 8. Don’t fail to disqualify yourself if either directly or indirectly you have any financial interest in the outcome of the hearing, and let your conscience be your guide where it could be said that moral, ethical, political, or other considerations, such as personal animosity, would not permit you to make a fair and impartial decision.

In disqualifying yourself, do not state your reasons inasmuch as the mere statement of your reasons can be construed as exerting influence on your fellow members. To avoid all accusations of undue influence, it is generally wise to leave the room and ask that the record show that you did so and that you did not indicate by word or action whether you were in favor of, or opposed to, the matter under discussion.

9. Do rotate the seating in some regular manner each successive meeting to prevent a “strong” member from gradually dominating a “weak” and indecisive member always seated next to him. This will also prevent the forming of little cliques or a not infrequent grouping of members to the left of the Chair who always oppose those to the right of the Chair, regardless of the merits of the case, to the great detriment of the applicant, the City and other interested parties.

10. Do be attentive. Those appearing before you have probably spent hours and hours rehearsing their argu-

NEW HAMPSHIRE TOWN AND CITY

ments. The least you can do is listen and make them think that you are as interested as you should be. Refrain from talking to other members, passing notes and studying unrelated papers.

11. Don’t interrupt a presentation until the question period, except for very short and necessary clarifying remarks or queries. Most applicants have arranged their remarks in a logical sequence and the thing about which you are so concerned will probably be covered if you force yourself to be quiet for a few minutes.

12. Don’t permit a person to directly question or interrogate other persons in the audience.

All questions should be addressed to the Chair and to the hearing body.

When this person has finished his discussion and stated the questions to which he would like to have answers, then the Chair will permit those who care to make an answer to come forward and do so, but only voluntarily.

Do not permit anyone to demand answers to all and sundry questions, especially if it is obviously done for the purpose of harassment.

13. Don’t use first names in addressing anyone at all during the course of the hearing. This includes audience, applicants, members of your particular body, even if the person concerned is your brother or your best friend. Nothing, repeat nothing creates a more unfavorable impression on the public than this practice. It is poor “hearing manners,” destroys the formality of the occasion, and makes the uninformed certain that some sort of “buddy-buddy deal” is about to be consummated. If you just can’t bring yourself to call someone Mr. or Mrs., use the third person form and call him “the applicant,” or “the person who is objecting,” or “the gentleman (or lady),” who is appearing here in connection with this case. www.nhmunicipal.org

14. Do show great respect for the Chair, always addressing the Chairman as “Mr. Chairman,” “The Chairman,” or “Chairman Jones,” and always wait to be recognized before continuing. This will set an example for applicants and others wishing to be heard and will contribute a great deal toward the orderliness of the proceedings.

15. Don’t try to make the applicant or any other person appearing before you look like a fool by the nature of your questions or remarks. This is often a temptation, especially when it is apparent that someone is being slightly devious and less than forthright in his testimony. But don’t do it. If you must “expose” someone, do it as gently and kindly as possible.

16. Don’t become involved in altercations. Some persons seem to

come to hearings with the express purpose of “telling them guys down there how the cow ate the cabbage.” If you answer their irrelevant rantings, you are immediately involved in a fight.

Don’t answer or try to defend yourself. You are there to hear testimony and make decisions based thereon, not to head up a debating society. Remember, you are the judge and jury.

In most cases, it is sufficient to say, “thank you for coming here and giving us the benefit of your thinking. I am sure that the members of this body will give your remarks serious consideration when they are making their individual determinations on the merits of this case. Is there anyone else who wishes to be heard?”

17. Do invite interested parties to come forward where they can see when an applicant is discussing or talking from a diagram, site plan, or

 Telecommunica�ons  Tax Assessment  Eminent Domain

exhibit which is not visible to the audience.

18. Do not permit people to leave the podium or the microphone and approach closer to the hearing body except in unusual circumstances, usually to show a small exhibit or to explain some detail. This ordinarily breaks down into a small mumbling session at one end of the dais with one or two members of the hearing body, the others are uncertain about what is going on. The conversation usually does not get recorded, cannot be heard by the audience, and is almost impossible to control from the Chair.

19. Don’t become involved in neighborhood quarrels or wind up as the referee even if you are a veritable Solomon. No matter how fair or impartial you should be, both

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EXCELLENCE from page 13 sides will be mad at you. Stick to the merits of the case and rule out-of-order testimony which is irrelevant, personal hearsay, and not pertinent to the matter being heard.

20. Do not fail to give a reason when making a motion for approval or denial of an applicant’s request. If you fail to do this, the applicant, any objectors, a reviewing body of higher authority, or the courts may well assume that your decision was an arbitrary one not supported by the facts and should be reversed. Always mention the staff recommendation.

21. Do not take staff recommendations lightly. These recommendations are made after much study by professional people with years of experience in their field and are based on pertinent laws, ordinances, regulations, policies, and practices developed by you and your predecessors. The recommendations of a good staff in possession of all the facts will almost always produce a technically correct recommendation. Your job is to temper this recommendation with information developed during the hearings, which was not available to the staff. It is not unusually for the staff to voluntarily reverse or change the details of its recommendation during the course of a hearing. Always announce the staff recommendations prior to hearing any testimony and always make appropriate mention of it in the final decision.

22. Don’t forget that the staff is there to help you in any way possible. It is composed of very capable professional people with vast experience. Lean on them heavily. They can pull you out of many a bad spot if you give them a chance. Or they may just sit and let you stew, if you do not 12

give them the respect, which is their due. Remember that their usual practice is to remain silent unless they are specifically asked to comment. Most of them consider it presumptuous and unprofessional to inject any unsolicited comments into the hearings.

Always ask them to comment prior to the final vote.

23. Don’t try to answer technical questions even if you are sure that you know the answer.

You probably don’t and will wind up looking like a fool. Refer these matters to staff. That is one of the things they are there for. They have intimate day-by-day working experience with all the pertinent ordinances and can nearly always give a timely, up-to-theminute, professional dissertation on any subject in their field.

24. Don’t try to ease your conscience and toss the applicant a bone by granting him something less than he asked for, something he doesn’t want, and something he can’t use. In all cases where it is appropriate, give him what he asked for or deny it. To do otherwise will only encourage applicants to ask for the “moon and the stars” in the hope that they will, at the worst, get the minimum requirements. A reputation for approving or denying applications as filed will result in much more realistic requests and make your job much easier.

25. Do vote by roll call, except for routine administrative matters. This is wonderful character training for each member of the body and emphasizes the “moment of truth” when he must look the applicant in the eye, make his own individual decision, and say “aye” or “nay” in a loud clear voice, all alone, with no one to hide behind.

The alternate voting method is difficult for the Secretary to record, doesn’t mean anything on a tape recording, is

NEW HAMPSHIRE TOWN AND CITY

many times quite confusing and gives cowards an opportunity to change their minds and vote twice when they are caught in the minority.

26. Don’t show any displeasure or elation, by word or action, over the outcome of a vote. This is very bad hearing manners and won’t lead to the maintenance of a friendly cooperative spirit among members of the Body. It will lead to the creation of little cliques whose members vote in a block and become more interested in clobbering each other than in making fair and equitable decisions.

27. Do discourage any postmortem remarks by applicants, objectors, or members after the final vote and decision are announced, especially those afterthoughts designed to reopen the case.

It will invariably result an unpleasant wrangle. Just say, “I’m sorry, but the final decision has been made. If you wish to submit additional testimony, it will be necessary for you to state your reasons by letter and the Body will decide at a subsequent meeting whether or not they wish to reopen the case. The next case on the agenda will be ______________.”

28. Do sit down and have a long soul-searching session with yourself if you find you are consistently “out in left field,” that no one seems inclined to second your profound motions, and that you are quite often a minority of one. You might be theoretically right, and probably are, but give some thought to what is practical, and just. Don’t be “stiff-necked” in your opinions. Give a little.

Originally drafted by Fred Riggins, Former Chairman of the Phoenix, Arizona Planning Commission Adapted from the “Planning Commissioners Journal” Number 13/Winter, 1994.

www.nhmunicipal.org

Crafting Rules of Procedure for Your Public Body

By Stephen C. Buckley

T

his article is presented to address some of the most frequently asked questions on the essential content of rules of procedure for a public body in New Hampshire. Even though not all public bodies in New Hampshire municipalities are required to have rules of procedure, it is generally recommended that written rules governing public meetings should be established and followed by all public bodies.

Establishing rules of procedure for public meetings has several benefits. First, it allows for meetings to be run in an efficient and consistent manner. Second, it allows for the members of the public body and residents to debate matters of public concern in a courteous and respectful manner that lessens the likelihood of discontent and friction. Third, rules provide guidance to public body members on how they are to interact and engage with municipal employees and members of the public. Fourth, rules of procedure ensure continuity and stability during transition years when new members of the public body are elected or appointed to office. (paraphrased from Model Rules of Procedure for Council Meetings, published by the League of Oregon Cities, March 2017).

When are rules of procedure required by law?

All land use boards are required to have rules of procedure that concern the method of conducting its business.

RSA 676:1. This would include the planning board, historic district commission, inspector of buildings, building code board of appeals, zoning board of adjustment, heritage commission, historic district commission, agricultural commission and housing commission. A recreation or park commission established under RSA Chapter 35-B is vested with the authority to adopt rules of procedure, as can the moderator at town meeting. RSA 40:4. Rules of Procedure for a Zoning Board of Adjustment must prescribe the time period for appealing an administrative zoning decision.

RSA 675:5, I.

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Must our rules of procedure follow Robert’s Rules of Order?

While Robert’s Rules of Order, 11th Edition, is considered the authoritative reference on parliamentary procedure, it’s much too unwieldly to exclusively guide the public meeting business of municipal boards and commissions that often have 12 or fewer members. If referred to at all in local rules of procedure, Robert’s Rules would only provide guidance, and not be binding on the presiding officer. Robert’s Rules itself recognizes that in small bodies of less than a dozen members “some of the formality necessary in a large assembly would hinder business.” Robert’s Rules does provide abbreviated procedures for small boards. Robert Rules, §49, pp.

487 – 488.

Should our rules of procedure provide for election of certain officers, such as chair, vice-chair and secretary?

Local land use boards are required to have a chairperson elected from the appointed or elected members, and they may create other offices, such as vice-chair and secretary, as deemed necessary. RSA 673:8. Land use board officers have a term of one year and may be re-elected at the end of their term. In the case of planning boards, an ex-officio member (governing body member, etc.) cannot serve as chairperson.

RSA 673:9. Otherwise, it is essential that all other municipal boards, bodies and commissions have a presiding officer or chairperson and a vice-chair in case of the absence of the chair.

What duties should be given/vested in the chair/presiding officer?

The chairperson should be delegated the responsibility to prepare the agenda for each meeting in consultation with the municipal staff and other board members. The Chair could also be delegated the responsibility to sign official correspondence for the public body and represent the public body before other boards, commissions and state agencies. The Chair would open each meeting, announce the

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CRAFTING RULES from page 13 sequence of items to be heard on the agenda, and state any changes in the order of matters to be heard. The Chair would also recognize applicants and presenters to speak, state questions/motions to be put to a vote and decide all questions of order and decorum. Other responsibilities that could be delegated to the Chair would be the ability to schedule emergency and special meetings.

mediate, undelayed action is imperative. Notice of an emergency meeting shall be provided as soon as practicable and employ other means that are reasonably available to inform the public that a meeting is to be held. The minutes of the emergency meeting shall clearly spell out the need for the emergency meeting.

Should our rules of procedure describe the types of meeting our public body might have?

It is a good idea to describe in the rules of procedure the types of meetings your public body may have, such as the following:

Should our rules address remote participation when a member cannot attend in person?

The Right-to-Know law permits, but does not require, that public bodies allow a member to participate remotely. If your public body will permit remote participation, the following would be appropriate content for your rules of procedure:

• Regular Meetings: State in your rules the date, time and place of the regular meetings of your public body.

• The member’s attendance must be “not reasonably practical,” and that reason must be stated in the minutes of the meeting.

• Special Meetings: Provide for the possibility of a special meeting called at the discretion of the Chair to address urgent matters that cannot wait until the next regular meeting.

• Except in an emergency, at least a quorum of the public body must be physically present at the location of the meeting. The determination that an emergency exists is to be made by the Chair, and the facts upon which that determination is based must be included in the minutes.

• Emergency Meetings: As permitted by RSA 91-A:2, II, an emergency meeting can be held with less than 24 hours’ notice when the Chair determines that im-

• All votes taken during such a meeting must be by roll call vote.

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• Each part of a meeting that is required to be open to the public must be audible “or otherwise discernable” to the public at the physical location of the meeting.

• Any member participating remotely must identify anyone present at the remote location.

What type of notice of a public meeting should be provided for in our rules of procedure?

The Right-to-Know Law requires a minimum of 24 hours’ notice to the public prior to a public meeting. The notice must: • Be given at least 24 hours in advance, not including Sundays or holidays • Include the date, time and place of the meeting • Be published in a newspaper or posted in two “prominent” public places in the municipality, one of which may be the public body’s official website.

Other statutes also may require more notice, particularly when a hearing is required. For example, planning board hearings require 10 days’ notice under RSA 676:4, I(d); ZBA hearings require five days’ notice under RSA 676:7; select board’s hearings on highway petitions require 14 days’ notice under RSA 43:2 and RSA 43:3; and budget hearings require 7 days’ notice under RSA 32:5.

Should our rules of procedure provide that the public notice include an agenda stating the matters to be addressed at our meetings?

The only required contents of the public meeting notice are the date, time and place of the meeting. The law does not require that the purpose of the meeting or a meeting agenda be included in the notice. However, many public bodies do include such informawww.nhmunicipal.org

tion, which certainly can benefit the public. If your own local rules of procedure require you to post an agenda, then local rules giving more access take precedence, RSA 91-A:2, II. What rules should we have governing public comment versus public hearings?

The Right-to-Know Law does not give the public the right to speak at a public meeting. Of course, when a statute requires a public body to hold a public hearing—such as a budget hearing—the public must be given the opportunity to speak and weigh in because that’s the purpose of a public hearing. Other statutes also provide that specific individuals have a right to speak at a public hearing, such as a hearing on an application for a variance where the applicant, abutters, or other parties whose rights are being affected have the right to be heard.

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On the other hand, a public body may permit, but is not required, to allow the public to comment at regular meetings that are not public hearings. Whether your public body wants to permit public comment or not, here are some suggested guidelines that could be included in your rules to address how to handle public hearings, or, an optional public comment period:

Public Hearings: • Persons wishing to speak shall sign the “hearing roster” with the person’s name and address prior to the commencement of the public hearing at which the person wishes to speak • Each person shall, prior to giving testimony, provide his or her name, shall indicate whether they are a resident, state their address, and address their remarks to the public body.

• Speakers at hearings on legislative or administrative matters will be subject to a limited time period.

Speakers at a hearing on a quasijudicial matter could be afforded longer time periods as may be warranted based on the status of the speaker: a. Applicant or affected party.

Quasi-judicial hearing only. b. Appellant, if other than applicant. Quasi-judicial hearing only c. Other interested persons. d. Rebuttal by applicant or party.

The scope of rebuttal is limited to matters which were introduced during the hearing.

Public Comment (not at public hearings): • Public comment will take place after the business portion of the meeting is completed.

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CRAFTING RULES from page 15 • One person speaks at a time (no interrupting).

• No one speaks until recognized by the chair.

• Speaker must sign-in to indicate an intent to speak during public comment.

• The speaker must identify him or herself when beginning to speak.

• Public comment is a time for members of the public to speak; it is not a “question and answer session” with the public body.

• Each speaker will be limited to a limited time period.

Are there suggested procedures for handling voting on motions and motions for reconsideration?

The Right-to-Know Law requires that minutes of public meetings indicate the names of public body members whom made or seconded each motion.

A motion that receives a tie vote fails.

A motion to reconsider may only be made by a member who voted on the prevailing side. No voting at public meeting can take place using a secret ballot.

What are the suggested procedures for nonpublic sessions?

A public body is never required to enter nonpublic session. A public

body may use a nonpublic session only for very limited purposes, all of which are listed in RSA 91-A:3, II. If none of these purposes applies, the discussion may not be held in nonpublic session. The requirements for entering nonpublic session are set out in RSA 91-A:3, I, and are very clear: • A public body may enter nonpublic session only “pursuant to a motion properly made and seconded.”

• The motion must state on its face the specific exemption in RSA 91A:3, II, that is relied upon as the purpose for the nonpublic session, and all discussions and decisions made during the session must be confined to the matters set out in the motion.

• The vote on the motion must be by roll call. A simple majority is all that is required.

Minutes of the nonpublic session must be kept, which must contain: the names of members present, the names of persons appearing before the public body, and a brief description of the subject matter discussed and final decision(s) made. The minutes also must “record all actions in such a manner that the vote of each member is ascertained and recorded.” Upon returning to public session, the board should determine if one of the following conditions exist to justify keeping

the nonpublic meeting minutes nonpublic, or sealed: • Disclosure would adversely affect the reputation of a person other than a member of the board; • Disclosure would render the proposed action ineffective; or • The discussion in the minutes pertains to terrorism.

The vote to seal the nonpublic meeting minutes is only made when the public body returns to public session.

What is the best practice for handling public meeting minutes?

The Right-to-Know Law provides that minutes of public meetings shall contain the following minimum contents: (1) names of members present; (2) other people participating (although it is not necessary to list everyone present); (3) a brief summary of subject matter discussed; and (4) any final decisions reached or action taken; (5) indicate the names of public body members who made or seconded each motion.

A public body must have compiled its draft (i.e., “unapproved”) minutes by the fifth business day after the meeting. Those minutes, although not yet reviewed and approved by the body, must be made available to anyone who requests to see or copy them. It does not matter that they have not yet been approved—they are still the minutes, and they cannot be withheld.

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

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www.nhmunicipal.org

How to Really Listen to Others

By Carter McNamara, M.B.A., Ph.D., Authenticity Consulting, LLC

• Be sure you can hear the speaker. It is surprising how often people do not really listen to others. It is just as surprising how often people do not realize that they cannot even hear others. So always make this your first guideline in any situation for effective listening.

• Overall, attempt to listen 75 percent of time – speak 25 percent of time. This is one of the most powerful guidelines. Use of the guideline depends on your situation. For example, if you are making a presentation, you will speak more. Otherwise, ensure that the other person speaks more than you do – and listen to them.

• Adopt a culturally compatible physical posture to show you are interested. This can be a powerful means to show others that you are interested in hearing them. For example, you might lean forward and maintain eye contact.

Whatever physical gestures you make, be sure they are compatible with the speaker’s culture.

• Do not think about what to say while you are also trying to listen to the speaker. Your brain moves four times faster than a speaker’s voice. Thus, your brain can easily leave the speaker behind. Instead, trust that you will know how to respond to the speaker when the speaker is done.

• Notice the other’s speaking style. Different people have different speaking styles. Do they speak loud or soft?

Slow or fast? Are there disconnects between what they say versus what their body language conveys? Some people convey the central idea first and then support it with additional information. Other people provide information to lead the listener to the same conclusion as the speaker.

• Listen for the central ideas, not for all the facts. Experienced leaders develop a sense for noticing the most important information conveyed by their people. They hear the main themes and ideas from their colleagues. If you notice the major ideas, then often the facts “come along” with those ideas. www.nhmunicipal.org

• Let the speaker finish each major point that he or she wants to make. Do not interrupt, but offer your response when the speaker is done. If you have to interrupt, ensure you are still hearing the other person. Interrupt tactfully.

For example, put up your hand and say, “Might I interrupt to ask you to clarify something?”

• Reflect back and ask if you are hearing accurately. This is also one of the most powerful guidelines. Start by asking if you can reflect back, or summarize, to the other person after he or she has spoken. Then progress to where you can ask the person to summarize back to you what you have just said to him or her.

• Regularly share indications that you are listening. Those indications can be, for example, nodding your head, saying, “yes” to short points with which you agree.

• Learn the art of supportive questioning. Coaching involves the use of powerful questions to understand yours and others’ perceptions, assumptions and conclusions.

The coach must practice effective questioning skills to truly understand others.

• Ask others to share feedback about your communication skills. Often, people do not know what they do not know about themselves. One example is the leader who prizes him or herself on strong listening skills, yet regularly interrupts others when they are speaking. Another is the leader who speaks only in conclusions, but does not share how he or she came to those conclusions so others do not understand the leader’s rationale.

Carter McNamara, MBA, PhD, is a nationally recognized expert in organizational development and change. He has decades of real-world management experience in a variety of organizations, including startup, public-private, nonprofit and corporate. Carter may be reached by email at carter@authenticityconsultiing.com.

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25 Tips for Newly Elected Local Government Officials 1. Allot ample time to be effective in your public service role. Your most important responsibility as an elected official is participation at board, alderman and/or council meetings, but attending meetings isn’t enough.

Research, study, and discuss the issues; keep yourself informed.

2. Pace yourself. Prioritize the meetings you attend. Recognize the need to spend time with your family and achieve a healthy work/life balance.

3. Deliver on your promises. Most major decisions and actions require approval of the governing body, which takes a majority vote.

4. Treat your colleagues, constituents, and staff with fairness and respect. People come to you with issues that are important to them. Do what you can to resolve their issues or suggest other resources that might be helpful.

5. Allow your city or town staff to do their work and handle operations. Your primary role is to set policy and direction for your municipality.

6. Take your budget preparation role seriously. The budget is your policy development tool and road map. It determines what your city or town does or doesn’t do in the coming year. When budget cutbacks are necessary, ensure adequate funding for activities that are vital to municipal operations.

7. Be aware of the little things. While little things can go unnoticed, it’s often those tiny details that require the most attention.

8. Establish policy statements. Written policy statements let the public and staff know where they stand, and help the governing body govern. Written policy statements also provide a process to develop consensus.

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9. Maintain the infrastructure. Make certain you are keeping up with what you have before taking on new projects. Deferring maintenance costs to the future burdens the next generation of leaders.

10. Be comfortable telling people that you don’t know the answer to their question. It’s better to tell constituents that you need to research an issue rather than provide inaccurate information.

11. Always keep the long-term interests of your city or town top of mind. Don’t be hurried into action or misled by the demands of special interest groups who want it done their way, right now.

12. Be open and honest with your colleagues. It’s unwise to spring surprises on your fellow local government officials or municipal staff, especially at formal meetings.

If a matter is worth discussing, it should be placed on the agenda. Surprises often cause embarrassment, create distrust, and erode the team approach to governance.

13. Respect and don’t bypass the system. If you have a city or town manager or other chief administrative official, follow policy and avoid personal involvement in day-today operations.

14. Don’t let others bypass the system. Insist that people work with your staff first. If direct contact with elected officials is necessary, ensure it happens with the governing body as a whole and not on a one-on-one basis.

15. Formalize your personnel rules and regulations. Make sure they’re clear. For example, if you don’t pay for unused sick leave when an employee is terminated, put it in writing 16. Familiarize yourself with the New Hampshire Right-toKnow Law (RSA 91-A). Respect the letter and intent of this law. www.nhmunicipal.org

17. Keep your constituents informed through a regular editorial in the local newspaper, radio interviews, or news releases. Be friendly in your interactions with the news media. Effective communications keep citizens engaged and fosters civic pride.

18. Keep your city and town staff informed, particularly those on the front line who have frequent contact with the public or are in a decision-making role.

19. Appoint citizen advisory committees as needed and be prepared to follow their advice. Appointing your opposition to a desired committee helps them work for you, instead of against you.

20. Hire the best people you can and give them as much responsibility

as they can handle. Support and inspire them to succeed.

21. Encourage your employees to look for new ideas and better ways of doing things. Listen to what they have to say.

22. Make sure your city or town has a solid financial accounting and reporting system in place.

23. Remember that your municipality does not operate in a vacuum.

You must work within the intergovernmental system to be effective. Keep in contact with school, county, state, and federal officials.

Use the New Hampshire Municipal Association as a resource.

ed mandates or by eroding your ability to make decisions locally.

Read NHMA’s Legislative Bulletin for weekly updates on key state legislation and regulations.

25. Budget money for your officers and employees to attend NHMA workshops and conferences.

NHMA provides excellent learning opportunities and personal contacts who can be valuable to you, your staff, and elected officials. Read NHMA’s NewsLink for updates on upcoming workshops, webinars, and other training and educational opportunities.

Modified with permission from the Texas Municipal League.

24. Keep your eye on state (and federal) legislation that can negatively affect your city through unfund-

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15 Tips to Being an Active and Effective Municipal Advocate in the Legislature The next legislative session has already begun and 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 in being an active and effective local advocate for municipal interests at the State House: 1. 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.

2. Attend webinar updates Attend Association webinars. Typically we hold two legislative seminars each year: one at Crossover (midsession legislative update to be held on Wednesday, April 17, 12 noon to 1:00 p.m.) and one at the end (legislative wrap-up to be held in June, noon to 1:00 p.m.). These webinars are a great way to get your feet wet, learn, and hear which issues will be key for cities and towns in this legislative session.

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3. Put someone in charge Make sure you designate one staff person to be responsible for initiating a timely response to newsletters, emails, and other communications.

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

5. 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.

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

7. 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.

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

9. Participate in NHMA’s legislative policy process The Association can always benefit from your input on 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

www.nhmunicipal.org

proposals and make recommendations to NHMA’s Legislative Policy Conference to be held in the fall of 2020.

10. 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.

11. Meet regularly with your legislators Your legislators need to hear from 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

www.nhmunicipal.org

and meet formally at least once a year to review key issues.

12. 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.

13. 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 can be forwarded to governmentaffairs@nhmunicipal.org.

14. Effectively utilize Association publications 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, please send us a request at governmentaffairs@nhmunicipal.org.

15. 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.

(Modified with permission from the New York State Conference of Mayors and Municipal Officials).

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UP CLOSE &

PERSONAL On the Board

W

elcome to Up Close and Personal, a regular column in New Hampshire Town and City designed to give readers a closer look at NHMA Board members. In this issue, we introduce Jeanie Forrester, Selectman, Town of Meredith. Jeanie joined the NHMA board in 2018.

TC: What are your duties and responsibilities as Selectman?

JF: As a Selectman in Meredith, I serve, along with 4 other Selectmen as the town’s chief executive body. Responsibilities include building an annual budget, and overall responsibility for the general operations of town government. Beyond that role, I see myself as a conduit for our citizens to be able to interact in a positive and effective manner with the town.

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

JF: NHMA is a resource that is invaluable to good decision-making. Whether it is providing informative, relevant, and timely workshops or being just a phone call away to answer questions, they have been extremely helpful in my role as a Selectman.

Jeanie Forrester

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

JF: That it is a thankless job and a burden and quite often I get the question, “Why would you want to do that!” It is an honor to serve my community in this capacity and I’m grateful that I was given the opportunity. It is eye-opening to learn about how my community works at a municipal level and it confirmed my belief that we are pretty special in Meredith.

TC: Has your public position changed you personally?

JF: Only in that I am more mindful of the activities, issues, and problems going on in my community now because I “wear” a Selectman’s hat.

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine?

If so, please contact the New Hampshire Municipal Association at 800.852.3358 ext. 3408 or tfortier@nhmunicipal.org.

www.nhmunicipal.org

TC: Has your job changed the way you look at the role of government?

JF: No. I’ve always believed that the role of government should be as least intrusive as possible and to always have an eye towards customer service when it comes to the constituent.

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

JF: People want to be heard and it is important that you listen.

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

JF: Understand the time commitment to the position and plan accordingly. Additionally, be available and ready to listen to your constituents and willing to help them navigate municipal government -- be a voice for them.

MARCH/APRIL 2019

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NEW HAMPSHIRE TOWN AND CITY

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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 staff from New Hampshire municipalities. In this issue, we hope you enjoy meeting Austin Albro, Town Administrator, Town of Warren.

TC: What are your current duties and responsibilities?

AA: In May 2018, I became the Town Administrator in my hometown of Warren and most recently, I was brought in by the Town of Wentworth as Interim Administrative Assistant until April, specifically to help the town with their 2018 town report and 2019 budget.

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

AA: These positions allow me to get hands on and learn more about local government.

The biggest challenge I face is the same in all of these roles – I want to know it all. When someone calls or visits the office and poses a question I haven’t heard before, knowing where to find the answer can sometimes be a challenge. I am thankful for the resources provided

by NHMA, as well as, my friends and mentors also serving their communities, who are only a phone call away.

Austin Albro

TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty?

AA: When I took over as Town Administrator in Warren, I jumped into many projects that were ongoing, some near completion and others just in their infancy. Following the storms that occurred during the summer of 2017, many of our FEMA projects were still missing necessary information for completion. I made myself available to our Emergency Management Director and began to learn about the intricacies of post-event reporting. I still have a lot to learn but our EMD Janice Sackett and Paul Hatch at HSEM have been amazing resources and great to work with.

TC: Has your public position changed you personally?

AA: I think that serving the communities as Administrator and Planning and Zoning Clerk has reinforced my belief that public service is the right career path for me. Earlier this year, while at the dentist, she asked “So what’s your dream job?” I replied with a chuckle that being the Town Administrator in Warren was exactly that and ever since I was in college, it was my goal to come back home and set an example for the kids in my community. Every day I am thankful to start my career by serving my hometown.

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine?

If so, please contact the New Hampshire Municipal Association at 800.852.3358 ext. 3408 or tfortier@nhmunicipal.org.

www.nhmunicipal.org

TC: Has your job changed the way you look at the role of government?

AA: I have always had an interest in working in local government because it was a sure way to work with the citizens and people of the community on a grassroots level. It is refreshing to work with a Board of Selectmen in Warren that truly represents the Town. A board that is honest, fair, and hardworking. Unfortunately today, the word ‘government’ carries a negative connotation for many people – however I believe that in most cases, the true essence of government is present at the local level.

TC: Anything else you would like to discuss about your job?

AA: As a first time Town Administrator, I think it is important to thank the team of employees and volunteers that I am privileged to work beside. From the Selectmen and Treasurer to the Tax Collector and Town Clerk, the Road Agent, Grounds Supervisor and Police Chief - I learn something new every day! My coworkers are always eager to share their knowledge with me. We have an awesome team assembled in Warren and together we’re going to accomplish great things.

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NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

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

26

How GIS is Transforming Data into Actionable Solutions

By Marcia Moreno-Baez, Rachel Dewey, Robert Pruyne, Sara Siskavich, and Zachary Swick New Hampshire’s nine regional planning commissions (RPCs) focus on developing and implementing innovative planning strategies such as regional master plans, environmental plans, data collection and analysis, and other activities. Established by state law (RSA 36:45-58), RPCs are federally designated entities also responsible for providing regional transportation planning services such as developing and updating transportation plans and organizing transportation outreach, projects, and grant submissions. We also serve and advise communities not only by providing requested technical assistance, but also by helping to address various regional planning issues raised by our member communities each year.

helps identifying access to parks and playgrounds in the region and a story map for the general public that shows the location and access points of all recreation areas supplemented by photographs and descriptions.

In order for us to guide and support planning efforts, we rely heavily on spatial and temporal information that is robust, nuanced, and constantly updated, and on the problem-solving skills to use that information in making decisions. This reliance has made geographic information systems (GIS) an invaluable tool for all of us who support these efforts. RPCs extensively use GIS to develop and deliver effective projects, and we use spatial thinking to transform data into actionable insights and solutions.

The Strafford Regional Planning Commission was recently awarded funds for a similar project in which GIS will be used to analyze access to recreation in the Strafford region. Knowing where there is and is not access will help municipal planners and decision makers prioritize funding for projects that will increase the ability of families to be active. We also aim in this project to increase awareness about obesity in children up to age 5 in the Strafford region and to build capacity for local policies and practices to promote recreation.

Efforts by the Nashua Regional Planning Commission (NRPC) to help member communities plan for parks and playgrounds provide a good example of how RPCs are integrating GIS technology. NRPC mapped all the parks and playgrounds in the communities and integrated data to perform an in-depth analysis of locations, materials, equipment, and maintenance and to develop case studies of successful playgrounds. NRPC also developed different decision-support tools, including an infographic that

GIS is particularly useful for developing thematic maps to help determine the suitability of areas for conservation, recreation, or development. The Rockingham Planning Commission has been working with several communities on a build-out analysis that integrates GIS to determine current conditions, land use regulations, and growth trends and constraints to create a variety of growth scenarios. Build-out analysis is a planning tool best used for a large study area, such as a community, to help determine inappropri-

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

ate development, to project maximum residential and commercial development, and to explore the impact of development on the local tax base, traffic, school enrollment, natural and historic resources, and quality of life.

The Rockingham Planning Commission build-out analysis uses spatial data related to such factors as conservation lands, water bodies, wetlands, and steep slopes, and it integrates growth factors that add sensitivity to the analysis. Future build-out scenarios can help community decision makers assess the potential long-term impacts of current land use regulations. For example, if a community were projected to grow by 150 percent in the next 25 years, the number of school-aged children might exceed the capacity of the elementary school or the phosphorus run-off from new homes and yards could affect impaired waterbodies nearby.

Rapid development and growth are among the issues local transportation planners are ready to evaluate with the help of GIS. The Southern New Hampshire Planning Commission and other RPCs have worked with municipalities to tackle one of these issues by implementing bikesharing systems. The main goal of these efforts is to increase the options for people to travel by bike, but since different communities have different needs, the programs differ somewhat from one community to the next. This work requires planning, organization, and a set of geospatial tools to give planners and designers a snapshot of current programs, track their ridership, and monitor ever-evolving mobility trends. GIS technology can help officials and decision makers prepare local transportation development scenario options for the future or for other communities that want to join the effort.

To learn more, see “Bike Share in New Hampshire: Pedal-Powered Progress is Afoot” in the January/February 2019 issue of New Hampshire Town and City www.nhmunicipal.org

(https://www.nhmunicipal.org/TownAndCity/Article/821).

RPCs are constantly helping their communities integrate and manipulate geospatial data, develop modeling tools, and generate materials such as maps that identify priority action areas, assess natural resource conditions, monitor infrastructure, help prioritize investments, and inform decision makers and the public. Some of the challenges we face are the availability, accuracy, and quality of geospatial data, but an even more challenging task is the integration of data analyses from multiple sources into one coherent planning process. Technological advancements such as cloud technology, real-time data, the Internet of Things, 3D GIS, mobile GIS, and UAVs are expected to grow, and they are also becoming key to smart planning.

The only way for the state’s RPCs to keep up with the ongoing changes in New Hampshire’s communities is to increase our GIS capabilities and develop strategies for better data generation, management and accessibility.

One of our long-term goals is to make geospatial data a systematic and preferred source of information for all phases of urban, economic, transportation, and sustainable development projects. But we cannot do this without the active participation and close collaboration of our local organiza-

tions and communities, and without raising awareness about the significant potential geospatial information has for planning.

The RPCs will continue using GIS and related visualization techniques to support communities in transferring and applying knowledge in ways that work best for them. We can help provide access to data, maps, and applications, and we can help cities and towns implement GIS projects. Such collaborations involving GIS mean we all have an asset in spatial modeling, decision making, and monitoring that can improve our decisions to take us toward more sustainable and smart communities.

Marcia Moreno-Baez (mmorenobaez@strafford.org) GIS Planner, and Rachel Dewey, Data Analyst, (rdewey@strafford.org) are with Strafford Regional Planning Commission and can be reached at 603.994.3500; Robert Pruyne (rpruyne@rpc-nh.org), GIS Manager, is with the Rockingham Planning Commission and can be reached at 603.658.0520; Sara Siskavich, Assistant Director-GIS/IT Program (saras@nashuarpc.org) can be reached at 424.2240 x21; and Zachary Swick (zswick@snhpc.org), is GIS Analyst with the Southern New Hampshire Planning Commission and can be reach at 603.669.4664.

MARCH/APRIL 2019

27

?

?

NAME

THAT

TOWN OR

CITY

?

? ?

Name the New Hampshire city or town in which this meeting house resides.

According to the town website, this town was first granted by the New Hampshire proprietors in 1767 and named in honor of a Prime Minister of England. None of the 73 grantees dared settle in the wilderness because it was inhabited by Pequawket Indians.

In 1770 the land was granted to new settlers, including Abiel Chandler, founder of the Chandler Scientific School at Dartmouth College, and Samuel Langdon, one-time president of Harvard College, who made the famous Blanchard Map of the North Country.

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the May/June 2019 issue.

ANSWER TO PHOTO IN JANUARY/FEBRUARY 2019 ISSUE: The photo on page 39 in the last issue of New Hampshire Town and City magazine was the meeting house located in the Town of Webster. Thanks to all our members who responded with the correct response, including Mary Walter (Claremont); Jenne Holmes (Somersworth); Marshal Buttrick (Greenville); Scott Wiggin (Bedford); Fred Welch (Hampton); Ron Fontaine (Swanzey) and Bill Herman (Auburn).

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NEW HAMPSHIRE TOWN AND CITY

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— This Moment in NHMA History — 46 years ago….

In 1973, the $10 Residence Tax produced over $2 million for cities and towns. NHMA had supported combining the $5 state head tax and the $2 local poll tax into one tax for better administration and worth.

From a 1973 Annual Report of a New Hampshire municipality:

An often-cited reminder in Town and City magazine to members (which is as true today as it was in 1973):

www.nhmunicipal.org

MARCH/APRIL 2019

29

Has Your City or Town Ordered NHMA’s Right-to -Know Law Book Yet? Order Today

If not, it’s time to order NHMA’s new reference guide for public officials when confronted with the numerous legal issues surrounding New Hampshire’s Right-to-Know Law.

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Includes Top Ten Compliance Tips Public Meeting & Governmental Records Posters Is it a Meeting Flow Chart Remote Participation Checklist And More!

The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state. Every board, committee, commission, and sub-committee in every town, city and village district in New Hampshire must comply with this law.

As a result, all local officials and employees must understand the law and their responsibilities regarding both public meetings and governmental records.

Go to NHMA’s online store at www.nhmunicipal.org/shop to order your reference copy today!

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NEW HAMPSHIRE TOWN AND CITY

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Court

Update

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

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Every year NHRAA awards two $1,000 scholarships to a son or daughter of an NHRAA member! For more information please contact 603.526.6337

This event is held rain or shine. We hope to see you there!

www.nhmunicipal.org

MARCH/APRIL 2019

31

Dillon's Law versus Home Rule Background The Constitution of the United States does not mention local governments. Instead, the Tenth Amendment reserves authority-giving powers to the states. It is not surprising, then, that there is a great diversity in state-local relations between, as well as within, states. This means that to speak of local government in the United States is to speak of more than fifty different legal and political situations.

Consistent with the Northern New England tradition of strong legislative oversight of local government, New Hampshire is not known as a home rule state. All powers of local government in New Hampshire stem from the legislature, and few freedoms have been delegated to units of local government. However, the concept of home rule is philosophically supported by many New Hampshire citizens.

Types of Authority Given Political power in a state can be divided into three spheres: the local government, the state government and the functions that the two governments share. Within the local sphere, there are four categories in which the state allows discretionary authority: Structural -- power to choose the form of government, charter and enact charter revisions

Functional -- power to exercise local self-government in a broad or limited manner Fiscal -- authority to determine revenue sources, set tax rates, borrow funds and other related financial activities Personnel -- authority to set employment rules, remuneration rates, employment conditions and collective bargaining Typically, the broadest discretionary powers are applicable to local government structure, and the narrowest are given to finance. Also, local governments endowed with discretionary authority may not always exercise it; for example, the adoption or amendment of a local government’s municipal charter is infrequent.

Narrow Government Authority: Dillon’s Rule Dillon’s Rule is derived from the two court decisions issued by Judge John F. Dillon of Iowa in 1868. It affirms the previously held, narrow interpretation of a local government’s authority, in which a substate government may engage in an activity only if it is specifically sanctioned by the state government. Dillon’s Rule was challenged by Judge Thomas Cooley of the Michigan Supreme Court in 1871, with the ruling that municipalities possess some inherent rights of local self-government. Cooley’s Rule was followed for a short time by courts in Indiana, Iowa, Kentucky and Texas until the U.S. Supreme Court upheld Dillon’s Rule in 1907 (Hunter v. City of Pittsburgh) and again in 1923. Since then, the following tenets have become a cornerstone of American municipal law and have been applied to municipal powers in most states: • A municipal corporation can exercise only the powers explicitly granted to them • Those necessarily or fairly implied in or incident to the powers expressly granted • Those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable

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State constitutions vary in the level of power they grant to local governments. However, Dillon’s Rule states that if there is a reasonable doubt whether a power has been conferred to a local government, then the power has not been conferred.

power is limited to specific fields, and subject to constant judicial interpretation, but home rule creates local autonomy and limits the degree of state interference in local affairs.

Broad Government Authority: Home Rule The ability of local governments to respond effectively to local conditions in the late 1800s was severely limited by Dillon’s Rule; no local action could be undertaken without permission from the state legislature, which only met for short, biennial sessions.

As such, Dillon’s Rule generally requires that local officials spend a considerable amount of time lobbying the state legislature to approve bills granting local authority and disapprove bills imposing restrictions on them.

www.nhmunicipal.org

The inflexibility of this system is the reason that many states began to adopt “home rule” provisions in the early 1900s that conferred greater authority to their local governments. Home rule is a delegation of power from the state to its sub-units of governments (including counties, municipalities, towns or townships or villages). That

Three times in the past 40+ years, New Hampshire voters have been asked to vote on a proposed amendment to the state Constitution to grant expanded home rule authority to municipalities. The most recent proposal, in 2000, would have permitted towns and cities to exercise any power and perform any function regarding its affairs that was not prohibited by the state Constitution, state law or common law; the State would have retained its right of pre‐emption over municipal powers and functions. However, this proposal failed to get the required two‐thirds vote and did not pass.

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A F F I L I AT E M E M B E R

Sp tlight

The Affiliate Spotlight is a new column designed to give readers a closer look at affiliate groups of NHMA. There are over 30 such groups comprised primarily of municipal officials serving a particular position, such as city and town clerks, assessors, health officers, road agents, etc. In this issue, we introduce the New Hampshire Government Finance Officers Association (NHGFOA).

TC: What is the mission/goals of the New Hampshire Government Finance Officers Association?

GFOA: The New Hampshire Government Finance Officers Association (NHGFOA) is an association of nearly 400 state and local government finance officers and others interested in public finance. Our goal is to develop mutually understandable procedures of accounting and financial reporting, budgeting and capital planning, cash management, financial administration and debt management. We hope to encourage the use of the appropriate technology, to encourage the use of consistent financial classification and principles, and to promote ethical, high quality governmental service.

TC: What are the biggest challenges facing your professional group today?

GFOA: Some of the challenges we face as government finance officers are the need to stay current on the latest requirements from both a legislative and accounting standards perspective, the ability to provide quality, timely services to our city and town constituents in an environment in which there are often significant budget constraints, and the increasing cyber security threats on our ability to safeguard the assets which the taxpayers have entrusted to us.

TC: How has NHMA helped your professional group to do your job?

GFOA: Through its established platform to reach local government officials via print and on-line publications, its conference and meeting room facilities, and its informed, thoughtful and accessible staff, NHMA has pro-

www.nhmunicipal.org

Members of NHGFOA’s Executive Committee (from left to right): Mark Decoteau, Town of Waterville Valley; Katie Graff, City of Concord; Vicki Lee, City of Lebanon; Geoff Ruggles, Town of Bow; Tom Boland, Town of Merrimack, and Naomi Bolton, Town of Weare.

vided critical resources over the years to create, maintain and strengthen the impact of NHGFOA. Of particular note is the commitment and support from Barbara Reid, NHMA’s Government Finance Advisor, who chairs our Legislative Committee and is an active participant on our Training Committee.

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

GFOA: Never stop learning. Anyone choosing a career in government finance needs to embrace the challenge of a constantly changing landscape of rules, laws and best practices and strive, to the best of their ability, to remain up-to-date and seek out the necessary resources to ensure compliance.

TC: Given the opportunity, what changes would you make to the profession?

GFOA: Financial reporting simplification is an area which is currently under review and consideration by the Governmental Accounting Standards Board. We may be looking at a situation in which “less could be more” in terms of the amount of information required in the governmental financial statements and required footnote and supplemental disclosures that are subject to the independent auditors’ review on an annual basis.

MARCH/APRIL 2019

35

Legal

Q and A

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

Legal Services Department: 2018 Year-in-Review NHMA staff includes two attorneys who are available to answer legal inquires and provide general legal assistance by email and telephone to elected and appointed officials from member municipalities. Although these attorneys prepare articles, handbooks, seminars, and other educational programs and publications, they spend a lot of time answering your specific legal inquires, either by phone or by email. NHMA strives to have a lawyer on telephone duty at 1-800-852-3358 each business day between 8:30 and 4:30.

As seen in the chart below, NHMA’s Legal Services Department saw a slight uptick in legal inquiry call volume in 2018 over 2017 call volume. This averages out to over eight legal inquires a day, 365 days a year!

Legal Inquiry Call/Email Statistics - 2018 With A Comparison of Inquiries by Month - 2017-2018

Total Legal Inquiries 2018 = 3179

Total Legal Inquiries 2017 = 3169

T OP T EN L EGAL I NQUIRY SUBJECTS - 2018

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Municipal Law Subject Selectmen’s Authority/Procedures Planning Board Governmental Records Nonpublic Sessions Land Use Public Meetings Right-to-Know Law Library Town Meeting Highways

NEW HAMPSHIRE TOWN AND CITY

# of Inquiries 179 127 96 93 79 73 69 64 52 50

Percent of Total 5.63% 3.99% 3.01% 2.92% 2.48% 2.28% 2.28% 2.01% 1.63% 1.57%

www.nhmunicipal.org

Selectmen’sTotal Authority/Procedures continues issueLegal facingInquiries members 2017 in 2018, as it was in 2017 Legal Inquiries 2018 = 3179to be the most pressing legal Total = 3169 (Refer to chart below). It is important to note that since referring employment inquiries directly to Drummond Woodsum’s Employment Law Hotline, the Legal Services Department has seen this issue drop from the top 10 list first reported in 2017.

T OP T EN L EGAL I NQUIRY SUBJECTS - 2018

Municipal Law Subject Selectmen’s Authority/Procedures Planning Board Governmental Records Nonpublic Sessions Land Use Public Meetings Right-to-Know Law Library Town Meeting Highways

# of Inquiries 179 127 96 93 79 73 69 64 52 50

Percent of Total 5.63% 3.99% 3.01% 2.92% 2.48% 2.28% 2.28% 2.01% 1.63% 1.57%

On Demand Presentations: Legal Services staff presented 24 On-Demand programs to member municipalities during 2018 that were attended by 450 local officials. 22 of these were paid programs, and 2 were programs provided without charge to those municipalities with dues greater than $15,000.

Workshops: Legal Services presented 17 workshops to member municipalities during 2018 that were attended by over 1,000 members. Here’s a breakdown of 2018 workshops:

Moderators:

Local Officials:

Welfare:

Budget & Finance:

Hard Road to Travel:

Code Enforcement:

Regional Right to Know:

Municipal Law Lectures: 1st Amendment, Signs, etc.:

Governmental Meetings:

TOTAL ATTENDEES

120 attendees, 2 dates 172 attendees, 6 dates 52 attendees 194 attendees, 2 dates 77 attendees 56 attendees 74 attendees, 3 dates 196 attendees 40 attendees 42 attendees 1,023 attendees

Webinars: Legal Services attorneys presented 9 webinar programs, with 402 municipal officials attending these webinars during 2018.

For more information about our legal advisory services, NHMA staff can be reached at 800.852.3358 or by email at legalinquiries@nhmunicipal.org.

Our Municipal Law and Finance Group is rewriting the definition of municipal legal counsel in New Hampshire, integrating comprehensive general counsel experience with trusted municipal finance services.

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www.nhmunicipal.org

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MARCH/APRIL 2019

37

NHMA and Drummond Woodsum Announce New Free Member Benefit

Employment Law Hotline NHMA and Drummond Woodsum are pleased to announce the formation of the Employment Law Hotline, a free service now available to city and town members of NHMA!.

The Hotline is available at no charge and Drummond Woodsum labor law attorneys will provide up to 1/2 hour of FREE legal advice per employment issue.

Drummond Woodsum labor law attorneys are available to provide legal advice on matters including Title VII, Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, employee discipline, sexual harassment, wrongful termination and age, sex and race-based discrimination.

What Can You Expect?

Drummond Woodsum Hotline attorneys will be available to answer employment-related questions -before you act -- and will make every effort to have every call responded to within 24 hours by an employment lawyer. The Hotline attorneys will let you know if you are facing a potential liability and how to best proceed. Should a NHMA member using the Hotline seek advice on a specific matter, or should the question posed suggest circumstances that might give rise to liability, they will be advised to consult on that matter with legal counsel of their own choosing. Drummond Woodsum will keep confidential any information which it receives relative to the employment matter.

Who Can Call the Hotline?

The Hotline is a service available to only administrators, managers, department heads and elected officials from NHMA city and town members, and only concerning questions regarding employees subordinate to the caller. For example, the Hotline will not respond to inquiries from a department head regarding the authority of a town manager, or from a town manager regarding the authority of elected officials.

Is There a Fee? The Hotline is FREE, available at no charge, to NHMA city and town members, and will provide up to ½ hour of legal advice per employment issue. It is anticipated that most general employment law questions can be answered in less time.

Got an employment issue?

Before you act, call 603.623.2500 or email at ehotline@dwmlaw.com.

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Available Publications TITLE

HARD COPY PUBLICATIONS

ELECTRONIC DOWNLOAD

MEMBER

NON-MEMBER

MEMBER

NONMEMBER

N/A

N/A

$15.00

$30.00

Basic Financial Policies: A Guide for New Hampshire Cities and Towns (2009)

$23.00

$38.00

$12.50

$25.00

Basic Law of Budgeting: A Guide for Towns, Village Districts and School Districts (2017)

$47.00

$87.00

$35.00

$70.00

Guide to Effective Enforcement: Investigating and Enforcing Code and Land Use Violations (2018)

$45.00

$85.00

N/A

N/A

Guide to Open Government: NH’s Right-toKnow Law (2017 w/ 2018 supplement)

$55.00

$95.00

N/A

N/A

Guidebook for NH City & Town Councilors, Mayors and Aldermen (2019)

N/A

N/A

Free

$40.00

Hard Road to Travel: New Hampshire Law of Local Highways, Streets and Trails (2015 w/ 2019 supplement)

$48.00

$96.00

N/A

N/A

How to Regulate Junk and Junkyards: A Guide for Local Officials (2007)

$20.00

$32.00

$8.00

$16.00

Knowing the Territory: A Survey of Municipal Law for New Hampshire Local Officials (2018)

$65.00

$130.00

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Model Local Welfare Guidelines (2012)

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$67.00

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New Hampshire Town & City — Subscription

$25.00

$50.00

N/A

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NH Municipal Officials Directory (2018/2019)

$65.00

$120.00

$50.00

$95.00

Town Meeting and School Meeting Handbook (2018/2019)

$50.00

$90.00

$35.00

$70.00

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Free

$100.00

Art of Welfare Administration (2018)

Law Lectures 2014-2018

Wage, Salary and Benefits Survey for Municipalities (2014)

www.nhmunicipal.org

MARCH/APRIL 2019

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Are You Signed Up for NHMA’S free

stuff:

LEGISLATIVE BULLETIN or NewsLink?

NHMA’s Legislative Bulletin is a weekly publication designed primarily to communicate with municipal officials as well as keeping legislators, the Governor’s Office and the media informed about municipal legislative priorities.

Stay current on legislative news, key legislative developments, action alerts on critical legislation when municipal input is necessary, breaking news, and more.

The Legislative Bulletin is

emailed every Friday until the legislative session ends in June.

If interested, email governmentaffairs@nhmunicipal.org.

NHMA’s

NewLink

is

NHMA’s

bi-weekly

e-

newsletter containing news and information about upcoming training programs, workshops, webinars and other events to more than 3,300 elected and appointed municipal officials, state agencies and other stakeholders.

If interested, email tfortier@nhmunicipal.org.

Have You Signed Up for a Free Webinar Yet? Join us from the

Did you know that the Association presents free

convenience of your own desk!

webinars on timely municipal topics every month?

Miss a live webinar?

Some upcoming webinars in-

No worries!

clude:

Visit www.nhmunicipal.org •

Legislative Half-time

for archived webinar re- •

Right-to-Know Law and

cordings and presentation

Governmental Meetings

materials.

www.nhmunicipal.org

MARCH/APRIL 2019

41

2019 Local Officials Workshops FREE FREE workshops workshops for for seasoned seasoned and and new new municipal municipal officials officials and and employees employees of of NHMA NHMA member member municipalities. municipalities.

DATES AND LOCATIONS Wednesday, Wednesday, April April 10—Rochester 10—Rochester (Frisbie (Frisbie Hospital Hospital Conference Conference Center) Center) Tuesday, April 16—Peterborough (Community Center) Tuesday, April 16—Peterborough (Community Center) Wednesday, Wednesday, May May 8—Lebanon 8—Lebanon (River (River Valley Valley Community Community College, College, Lecture Lecture Hall) Hall) Tuesday, May 21—Sugar Hill (The Meeting House) Tuesday, May 21—Sugar Hill (The Meeting House) Saturday, Saturday, June June 8—Concord 8—Concord (NHMA (NHMA Offices) Offices) Presented Presented by

by NHMA’s NHMA’s Legal Legal Services Services attorneys, attorneys, these these workshops workshops provide provide municipal municipal officials officials with tools and information to effectively serve their communities.

Topics will include with tools and information to effectively serve their communities. Topics will include the the Law, ethics and conflicts, town governance, municipal roads, and more.

AmRight-to-Know Right-to-Know Law, ethics and conflicts, town governance, municipal roads, and more. Ample ple time time allowed allowed for for questions, questions, answers, answers, and and discussion. discussion. Attendees Attendees will will receive receive aa complimencomplimentary copy of NHMA’s 2019 edition of the publication, Knowing the Territory. tary copy of NHMA’s 2019 edition of the publication, Knowing the Territory.

9:00 9:00 am— am— 4:00 4:00 pm pm

Registration Registration begins begins at at 8:30 8:30 am. am. Continental Continental breakfast breakfast will will be be provided. provided.

12:00 12:00 noon noon —1:00 —1:00 pm pm

LUNCH LUNCH ON ON YOUR YOUR OWN* OWN*

*with *with the the exception exception of of the the Rochester Rochester workshop workshop Time Time provided provided for for attendees attendees to to get get lunch! lunch!

Sponsored Sponsored by

by HealthTrust HealthTrust

Register Today! No Registration Fee

To To register register online, online, please please visit visit www.nhmunicipal.org www.nhmunicipal.org and and click click on on the the Calendar Calendar of of Events.

Events.

Cancellation Cancellation must must be be received received 48 48 hours hours in in advance. advance. If If cancellation cancellation is is not not received received 48 48 hours hours in in adadvance, NHMA will charge to cover workshop costs, including any meals. you $20 vance, NHMA will charge you $20 to cover workshop costs, including any meals.

Questions?

Questions? Please Please call call 800.852.3358, 800.852.3358, ext. ext. 3350 3350 or or email email NHMAregistrations@nhmunicipal.org NHMAregistrations@nhmunicipal.org

42

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

SAVE THESE DATES 78TH ANNUAL CONFERENCE

Wednesday, November 13, 2019 Thursday, November 14, 2019 DoubleTree Manchester Downtown Hotel

www.nhmunicipal.org

MARCH/APRIL 2019

43

10-Local Officials Workshop, Frisbie Hospital Conference Center, Rochester 16-Local Officials Workshop, Community Center, Peterborough 26-A Hard Road to Travel Workshop, NHMA Offices, Concord

44

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

The Right-to-Know Law and Governmental Meetings

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

Wednesday, March 13, 2019 12:00 pm—1:00 pm Join Executive Director Margaret M. L. Byrnes and Legal Services Counsel Stephen Buckley who will discuss the requirements for holding a proper public meeting, as well the exceptions to the meeting requirement (the so-called “non-meeting”). Then the attorneys will discuss the purposes for which public bodies may hold a nonpublic session, as well as the procedural requirements for a proper nonpublic session. This workshop will also address difficult “meeting” issues, such as communications outside a meeting and electronic means of communicating, and penalties and remedies provided in RSA Chapter 91-A. There will be ample time for questions and answers.

This webinar is open to members of the New Hampshire Municipal Association.

2019 Legislative Halftime Report Wednesday, April 17, 2019 12:00 pm—1:00 pm Join Executive Director Margaret M.L. Byrnes, Government Affairs Counsel Cordell Johnston, and Government Finance Advisor Barbara Reid for a look at the status of legislation affecting municipalities after "Crossover." Crossover is the date by which a bill must pass either the House or the Senate in order to "cross over" to the other chamber for consideration.

For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org.

www.nhmunicipal.org

This webinar will discuss the current status of bills at the State House, and offer a postmortem on a few that have been killed. The discussion will include, among others, assessing issues, water quality standards, the Right-to-Know law, the retirement system, planning and zoning issues, election law matters, postponement of town meeting, and of course, the biennial state budget.

This webinar is open to members of the New Hampshire Municipal Association.

MARCH/APRIL 2019

45

25 Triangle Park Drive Concord, NH 03301

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