New Hampshire Town and City Magazine, July-August 2019

July/August 2019

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

The Mechanics of Firefighters Cancer Presumption in New Hampshire................................................................... 8 Best Practices: Are You Protecting Your Firefighters....... 11 Cybersecurity: Best Practices for Municipalities............... 16 The HR Report: Workplace Violence.................................. 30

Safety. Liquidity. Yield.

Municipalities and governmental entities need investment options that focus on these objectives.

The New Hampshire Public Deposit Investment Pool (NHPDIP or the Pool) features: • Professional Management. Investments in the Pool are managed by investment professionals who are experienced in managing local government investment pools, and follow both general economic and current market conditions affecting interest rates. NHPDIP is rated AAAm* by Standard and Poor’s Ratings Services.

• Convenience. NHPDIP provides simple management solutions with 24/7 password-protected account access and a Client Services Group to provide additional support and assistance.

• Diversification. NHPDIP has a diversified portfolio of high-quality instruments designed to meet the Pool’s primary objective of safety.

Learn more by calling your dedicated NHPDIP Representative at 1.800.477.5258 or the Client Services Group at 1.844.4NH-PDIP (1.844.464.7347) or visiting www.nhpdip.com.

*Standard & Poor’s fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor’s rating criteria, the AAAm rating signifies excellent safety of investment principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a “market” rating nor a recommendation to buy, hold or sell the securities. For a full description on rating methodology, visit Standard & Poor’s website http://www.standardandpoors.com/en_US/ web/guest/ home).

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 4

July/August 2019

3 A Message from NHMA’s Executive Director 5 Happenings 7 Upcoming Events 26 NLC Report: Micromobility in Cities: A History and Policy Overview 27 Up Close and Personal in the Field: Eric Meth 29 AFFILIATE SPOTLIGHT: New Hampshire Association of Conservation Commissions 32 NHARPC Report: Growing Younger: What are Communities Doing to Reverse the Aging Population Trend?

34 LEGAL Q&A: The Rockets’ Red Glare 39 This Moment in History

HR

8

How it Works: The Mechanics of Firefighter Cancer Presumption in New Hampshire

11

Best Practices: Are You Protecting Your Firefighters?

16

Cybersecurity: Best Practices for Municipalities

30

The HR Report: Workplace Violence

39 Name That City or Town

Cover Photo Credit: Litchfield Fire Rescue photo by David Morin, current Hudson selectman, retired Hudson fire officer and longtime fire photographer.

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

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New Hampshire Municipal Association

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

As of March, 2019

Shaun Mulholland - Chair City 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

Conservation Commission, Holderness

Shelagh Connelly

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

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

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www.nhmunicipal.org

A Message from the

NHMA

Executive Director Margaret M.L.Byrnes

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rom Chesterfield to Sugar Hill, NHMA has provided a wide variety of trainings and workshops across the state this spring. Municipal officials from all over New Hampshire have learned about everything from The Right-to-Know Law and code enforcement to wage and hour employment laws.

We even launched a new annual training for municipal trustees in June. The variety of topics NHMA provides training on—and receives legal questions about— reminds us what a big commitment it is to work or serve in local government.

NHMA exists to support you in your role, so please make sure you are using our services to your full advantage!

certified public accountants

experience counts We know New Hampshire governments.

Your needs come first at Vachon Clukay & Company, PC, so we’ve structured ourselves to fulfill all of your service needs.We provide the following services: Auditing Accounting Support and Training Advising Personalized “Team” Service Expertise in How Your Organization Operates Computerized Forms Operational Management Studies We want to be part of your team.

For personal attention contact: Robert L. Vachon, CPA 608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com

www.nhmunicipal.org

We also believe there’s more to attending NHMA workshops than listening to the lecturer: These events provide an opportunity for you to hear the questions and to learn about the experiences of officials and employees from other municipalities.

Municipal officials know the importance of collaborating and communicating with others, and how doing so helps us learn and grow, to the benefit of us all in local government. In fact, this issue of Town & City features two articles written in collaboration between NHMA, Primex, the Professional Firefighters of NH, the New Hampshire Association of Fire Chiefs, the NH State Fire Marshal’s Office, and the Fire Standards and Training Division of the NH Department of Safety on issues affecting municipalities and municipal fire departments. These articles address a 2018 amendment to the workers’ compensation law creating a legal “presumption” for cancer in firefighters: the mechanics of the law, tips and best practices for firefighter safety, and more.

We hope you and your fire departments find them helpful and informative.

And while we might slow down a little in the summer—and we hope you can do the same— the onset of summer also means fall isn’t far off. Around here, fall is all about one thing: NHMA’s Annual Conference!

We hope to see you there, and at our many other events and trainings. Have a wonderful summer.

Warmest regards,

Margaret M.L. Byrnes, NHMA Executive Director

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SAVE THESE DATES Regional Right-to-Know Workshops The Right-to-Know Law and Governmental Meetings 6:30 pm—8:30 pm

Tuesday, July 23 2019 County Hall Building 12 Court Street Keene, NH 03431

Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes 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.

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

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

Workshop Cost: $35 without book $55 with book, A Guide to Open

ent

ernm ov nht-g w Law to-Kno ope re’s Rig e Netwo Hampshi

id a gu

Government: New Hampshire’s Right-to-Know Law

The Right-to-Know Law and Governmental Records Join NHMA's Executive Director Margaret Byrnes and Legal Services Counsel Stephen Buckley who will share strategies to assist municipalities in handling governmental record matters arising under the Right-toKnow Law. Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records.

Guidance will be provided on determining what is a governmental record, and when and how access and copies of public records must be provided. This workshop will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced.

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1:30 pm—4:00 pm

Tuesday, August 6, 2019 Moultonborough Safety Complex

1035 Whittier Highway Moultonborough, NH 03254

www.nhmunicipal.org

HAPPENINGS New (and Seasoned) Municipal Officials Gather for Annual Training Event

(NHMA’s Executive Director Margaret Byrnes leads discussion at the Local Officials workshop held at the Frisbie Memorial Hospital Conference Center in Rochester.)

Over 255 elected and appointed officials from nearly 100 cities and towns attended NHMA’s Local Officials Workshops held from April through June this year in Rochester, Peterborough, Lebanon, Sugar Hill, and Concord.

Topics included discussion of governance and select board authority, including the Right-to-Know law, conflicts of interest, and running effective meetings.

This annual training event provides an opportunity for

new (about half of the attendees were first time local officials) and seasoned local officials to learn new information to effectively serve their communities. Attendees received the latest copy of NHMA’s premiere publication, Knowing the Territory.

NHMA wishes to thank our host facilities for accommodating the Association and our members at these workshops this year.

NHMA Staff in the Field Spring is always a hectic programming time for NHMA staff, and this spring was no different.

NHMA staff have been busy out in our member communities presenting and discussing a variety of legal topics, including: On April 26, NHMA’s Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes presented on local road regulation and enforcement to a full house of municipal officials.

Finance Advisor Barbara Reid also presented at this conference.

On May 2, NHMA’s Executive Director Margaret Byrnes presented an On-Demand presentation on Effective Meetings and the Right-toKnow Law in Hudson.

(NHMA’s Legal Services Counsel Stephen Buckley discusses road regulations at a New Hard Road to Travel Workshop)

On May 2, Buckley presented Ethics for Finance Officials at the New Hampshire Government Finance Officers Association conference held in Conway. NHMA’s Government www.nhmunicipal.org

On May 3, Byrnes and Greyes presented at a regional workshop, Right-to-Know Law: Governmental Records, in Dover.

On May 15, Buckley presented an On-Demand presentation on Planning Board Basics in Candia.

On June 1, NHMA’s Government Affairs Counsel Cordell J U LY / A U G U S T 2 0 1 9

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HAPPENINGS from page 5 Johnston and Buckley made presentations before the Office of Strategic Initiatives (OSI’s) Spring Planning & Zoning Conference held in Concord.

On June 6, NHMA’s Legal Services team presented at the 2019 Municipal Trustees Training workshop in Concord.

On June 10, Buckley presented an On-Demand presentation on Planning Board & ZBA Basics in Pittsfield.

On June 12, Buckley presented an On-Demand presentation on Basic Law of Budgeting in Rollinsford.

On June 13, NHMA’s Legal Services team presented at the Fundamentals of Local Welfare Workshop held in conjunction with the New Hampshire Local Welfare Administrators in Concord.

How to Avoid Costly Mistakes!

A Wage & Hour Compliance Workshop

(USDOL Outreach Specialist, Steven McKinney, fields a member question during his May 10th presentation)

On May 10, Steven McKinney, the Community Outreach Specialist for the Northern New England District Office of the United States Department of Labor, Wage and Hour Division, reviewed some of the most common Fair Labor Standards Act (FSLA) pitfalls and errors and how to avoid these costly mistakes with nearly 40 municipal members in Concord. Compliance with the FLSA can be complicated, and many municipal employers unintentionally violate the law with common mistakes such as failing to properly pay employees for hours worked, incorrectly computing overtime, or misapplying overtime exemptions.

SAVE SAVE THESE THESE DATES DATES TH 78 78TH ANNUAL ANNUAL CONFERENCE CONFERENCE

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

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Upcoming

Events

For more information or to register for an event, visit our online Calendar of Events at www.nhmunicipal.org. If you have any questions, please contact us at nhmaregistrations@nhmunicipal.org or 800.852.3358, ext. 3350.

JULY Independence Day (NHMA Office Closed) Thursday, July 4 NHMA Webinar: Right-to-Know Law and Governmental Records Wednesday, July 10 12:00 pm – 1:00 pm Regional Right-to-Know Workshop – Governmental Meetings Tuesday, July 23 6:30 pm – 8:30 pm County Hall Building, 12 Court Street, Keene

AUGUST Regional Right-to-Know Workshop: Governmental Records Tuesday, August 6 1:30 pm – 4:00 pm Moultonborough Safety Complex, 1035 Whittier Highway, Moultonborough NHMA Webinar: ZBA Basics in New Hampshire Wednesday, August 14 12:00 pm – 1:00 pm

SEPTEMBER 2019 Budget and Finance Workshop Wednesday, September 18 9:00 am – 4:30 pm Derryfield Banquet Facility, Manchester 2019 Budget and Finance Workshop Thursday, September 26 9:00 am – 4:30 pm Mt. Club on Loon, Lincoln

www.nhmunicipal.org

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

civil & environmental engineering

Concord, NH 603.230.9898 Portsmouth, NH 603.436.6192

www.underwoodengineers.com

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How it Works: The Mechanics of Firefighter Cancer Presumption in New Hampshire SB 541 Best Practices Working Group

L

ast year, the New Hampshire Legislature, based in part on studies showing a relationship between cancer and firefighting, amended the workers’ compensation statute to reinstitute a presumption that the occurrence of certain cancers in eligible firefighters is work related, if certain preconditions are met. This article looks at how a presumption works and how the cancer presumption for firefighters impacts a workers’ compensation claim.

What is a “Presumption”?

Before we discuss the firefighter cancer presumption under New Hampshire’s workers’ compensation statute, it is important to understand what a presumption is in the legal sense.

Presumptions have generated a fair amount of confusion, probably because they are relatively rare and deviate from the normal burdens of proof in a civil case. Ordinarily, the party bringing a claim carries the initial burden of proof on each element of the claim and the ultimate burden of persuasion. In other words, it is the claimant’s responsibility to establish that there is sufficient evidence to move the case forward—also referred to as establishing a “prima facie” case. The defense is then provided an opportunity to counter the claimant’s prima facie case in various ways. The claimant may then attempt to rehabilitate his/her evidence and counter any new material offered by the defense.

When the law creates a presumption for a particular type of claim, the claimant is excused from meeting the initial evidentiary burden as to all or part of the claim, effectively placing the initial burden on the defense to counter the presumed aspects of the claim. There are generally two types of presumption with different impacts. “Thayer” presumptions are “weak,” which means they are easily dispelled by producing evidence of any amount or quality contrary to the presumption. On the other hand, “Morgan” presump8

NEW HAMPSHIRE TOWN AND CITY

tions are more resilient: To defeat a Morgan presumption, the defense’s rebuttal to the presumption must be proven by a preponderance of evidence. “Preponderance of the evidence” is a legal standard that requires proof that something is “more likely than not” true—i.e., more than 50%. Disproving something by a preponderance of evidence can be a difficult initial burden for a defendant. Due to the powerful effect a Morgan presumption has on a case, there is usually a strong public policy underlying its existence.

Preconditions to the Firefighter Cancer Presumption Now we turn to the firefighter cancer presumption under New Hampshire workers’ compensation law, RSA 281A:17. In order for this presumption to apply to a particular workers’ compensation claim, the claimant-firefighter must first satisfy particular conditions laid out in the statute: • The claimant’s cancer must be a type that may be caused by heat, radiation, or a known carcinogen, as defined by the International Agency for Research on Cancer.

• The claimant must have achieved ten years of firefighter service to qualify for the presumption.

• The claimant is required to have undergone an NFPA 1582 medical examination which must be submitted to show that he/she was cancer free at the beginning of his/ her employment.

• The claimant must certify that he/she has lived a “tobacco free life.”

• The claimant cannot receive the presumption unless his/her employer has implemented a policy that follows the New Hampshire Fire Standards and Training Council curriculum requirements for best practices in the use and cleaning of firefighter equipment.

In addition, a retired claimant may be eligible for medical expense coverage for a significant period of time depending on the following factors: when the claimant retired, whether www.nhmunicipal.org

the claimant is collecting a pension, whether the claimant guarantees he/she lived a tobacco free life, and whether the claimant has agreed to submit to any employer requested physical exam.

A claimant who satisfies the conditions precedent will receive the presumption. That doesn’t necessarily mean the claim is compensable because the presumption alone doesn’t establish coverage under the workers compensation statute.

As described above, if these preconditions are established, the presumption applies to the claim, thus shifting the burden to the workers’ compensation carrier to prove that the claimant’s cancer is not work related. This is quite different than the standard workers’ compensation claim, where it is the claimant’s burden to establish that the injury is work related. Therefore, what the presumption does is provide the claimant a significant advantage over the defense in proving a fundamental aspect of causation: that the claim is, in fact, work related.

Due to the recency of the amendment, it is not known precisely how the New Hampshire Department of Labor or Supreme Court will interpret and apply the conditions listed above.

Interpretation of the Firefighter Presumption Under NH Law New Hampshire’s firefighter cancer presumption is found in RSA 281-A:17, the same section that already contained the heart/lung disease presumption. The Supreme Court has provided detailed guidance on the application of the presumption in cases involving heart disease. See City of Manchester Fire Department v. Gelinas, 139 N.H. 36 (1994); Cunningham v. Manchester Fire Department, 129 N.H. 232 (1987). The New Hampshire Department of Labor (NHDOL) and Supreme Court will most likely look to this precedent in applying the presumption to cancer cases.

What follows are some important observations about the decisions.

The firefighter presumption under RSA 281-A:17 is the more resilient Morgan type of presumption (described above) because it rests on the strong public policy of addressing important health issues facing our firefighters. The presumption establishes legal causation; i.e. that the disease is work related. Although this is a critical component of any workers’ compensation claim, it does not establish the separate element of medical causation; i.e., that the claimant actually has a disease and it caused a disability. The presumption, as previously mentioned, is not absolute.

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The claimant must withstand the defense’s rebuttal to the presumption. The defense’s rebuttal must establish by a preponderance of the evidence that one or more non-work risk factors probably caused the claimant’s disease. While the defense doesn’t have to prove what actually caused the claimant’s disease, it is insufficient to simply question the scientific accuracy of the presumption and/or offer up one or more vague non-work risk factors. The defense must point to specific non-work risk factors in the medical evidence and analyze why they indicate the claimant’s disease is not work related. This will typically be accomplished through qualified medical expert reports and testimony. Of course, the claimant can challenge and counter the defense’s rebuttal evidence. The tribunal as finder of fact must sort it out and reach a decision that is supported by the record and consistent with the applicable law. NHDOL and Court rulings may provide additional guidance as we move forward under the new law.

A criticism of the cancer presumption legal framework might be that it results in some degree of uncertainty for a claimant. But in providing the edge to the claimant on the subject of cancer causation, the Legislature and Supreme Court have suggested that establishing some guard rails and affording the defense an opportunity to identify, analyze and present non-work risk factors strikes a fair balance in the search for truth. Disallowing rebuttal would pull many non-work related cancers into the sweep of the presumption, which raises other serious public policy considerations.

Funding So how can a community fund these best practices given local budget pressures? There is a wide array of funding approaches beyond traditional methods of taxation. One such approach or alternative used by many New Hampshire Fire Departments is the so-called AFG Grant, or Assistance to Firefighters Grants program.

Under the Federal Emergency Management Agency’s (FEMA) Assistance to Firefighters Grants (AFG) grants programs, career and volunteer fire departments and other eligible organizations can receive funding through different grant categories. One category of grants is intended to enhance a fire department’s ability to protect the health and safety of firefighters. Information of AFG Grants can be found at www.usfa.fema.gov/grants/ and you could also consider other grant possibilities at www.

Grants.gov where you can find information on more than 1000 different federal grant programs that award over $100 billion annually.

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Members of the SB 541 Best Practices Working Group Ty Gagne, Chief Operating Officer, Primex3 David Witham, Risk Management Services Director, Primex3

Deborah Pendergast, Director New Hampshire Fire Standards and Training Jefferey Phillips, Assistant Director, New Hampshire Fire Standards & Training

Robert Buxton, Fire Chief, Town of Hudson

Bill McQuillen, President, Professional Fire Fighters of New Hampshire Dario Scalco, Government Affairs Director, Professional Fire Fighters of New Hampshire

Brent Lemire, Executive Director, New Hampshire Association of Fire Chiefs

Paul Parisi, New Hampshire State Fire Marshal

Margaret Byrnes, Executive Director, New Hampshire Municipal Association

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www.nhmunicipal.org

Best Practices: Are You Protecting Your Firefighters?

SB 541 Best Practices Working Group

F

irefighting can be a hazardous job. Whether your firefighters volunteer a few hours a week, work per diem shifts, respond “on call” when their pager activates or have chosen firefighting as a career in your community, there is a silent killer in the fire service that we are just beginning to expose: cancer.

Nationally, amongst the general population, approximately 41% of Americans will be diagnosed with cancer during their lifetime, according to a report for the President’s Cancer Panel. Although this is a significant number, members of the fire service face even more sobering statistics than the general population. According to the International Association of Firefighters (IAFF), of the line-of-duty deaths (LODD) that occurred between 2002 and 2016, 61% (1053) were cancer related. Cancer is now considered the leading cause of duty-related death for firefighters.

The Research Past and current research demonstrates with strong data, that today’s firefighters are at increased risk for several types of cancer. With the fire environment today, filled with higher concentrations of extremely carcinogenic agents, firefighters are entering residential and commercial fires which are more like hazardous materials events.

This research and heightened awareness has led to the understanding that cancer is an occupational risk for firefighters and the push for workers compensation laws to reflect that understanding is well underway. To that end, Governor Sununu signed into State Law SB 541 on July 10, 2018. This bill established a prima facie presumption that cancer disease in a firefighter is occupationally related and availed firefighters to worker’s compensation benefits provided certain qualifiers are met including some so-called

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best practices which seek to prevent cancer in firefighters.

These best practices are the recommended approach for the prevention of cancer and the focus of this article.

Prevention With over 28,000 fire departments in the United States, cancer prevention efforts and protocols vary widely.

There are myriad factors which can influence if a particular cancer begins to develop in the body. Unhealthy lifestyle habits such as smoking, high alcohol consumption, poor diet, lack of exercise and lack of sleep can increase a person’s risk for developing cancers. If in addition to any of these factors, a firefighter is exposed to toxins, then the likelihood of cancer developing increases. Therefore, looking at lifestyle, health and reducing exposure will be critical to help reduce the cancer risk. Fire service organizations across this nation must put the wellbeing of their responders first by implementing so-called best practices as part of a cancer prevention initiative.

Nationally Adopted Best Practices • Full personal protective equipment (PPE) must be worn by firefighters throughout the entire incident, including a self-contained breathing apparatus (SCBA). This include salvage and overhaul operations that take place once a fire is simply smoldering. Because of changes in building materials, car parts and chemicals used in home furnishings, most fires create large volumes of hazardous gases and particulates, some of which are persistent and may remain in the environment for long periods of time.

• A second protective hood should be provided to all personnel in the department. The second J U LY / A U G U S T 2 0 1 9

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BEST PRACTICES from page 11 hood is needed to make sure that firefighters don’t have to wear contaminated hoods after firefighting. Providing each firefighter with a second hood allows the firefighters to wash their contaminated hood, while still having the second hood available to use for another emergency. It is also important to wash and inspect protective hoods after every fire/use and do not allow protective hoods to be taken home, to a laundromat, or to a dry cleaner for washing.

• Prior to leaving the fire scene, firefighters should begin immediate rinsing and decontamination of gear (PPE) using soapy water and a brush if weather conditions allow. This PPE should then be placed into a sealed plastic bag and placed in an exterior compartment of the apparatus, or, if responding in personally owned vehicles, placed in a large storage tote, thus keeping the PPE away from vehicle occupants. Personnel should have a personal “go bag” with them that has a clean change of clothes, clean footwear, and towel. A spare set of turnout gear (PPE) is important so firefighters can get back “in service” while there dirty PPE is washed/decontaminated back at the station.

• And don’t forget the cabs of firetrucks. All personnel shall ensure their assigned unit has a clean apparatus cab. The potential for secondary exposures during routine apparatus use is high and must be limited. To aid in reducing secondary exposures, apparatus cabs shall be cleaned and decontaminated (at a minimum) on a monthly basis and more often if call volume deems it necessary.

• Fire personnel should shower as soon as possible after being exposed to products of combustion or other contaminants. “Shower within the hour” is the industry best practice. Having showers at the fire station is essential now more than ever. If your station does not currently have a shower in addition to bathrooms, consider getting one. Allowing firefighters to get into their vehicles and return home to shower is not an acceptable practice any more. This results in firefighters contaminating their vehicle as well as their home. These are places where family members, possibly children, can be exposed unnecessarily.

Giving firefighters the opportunity to shower at the station allows them to keep their soiled duty uniform or clothes at the station and allows them to clean their bodies as soon as possible.

• After completion of the decontamination procedures discussed above and while still on scene, firefighters must wipe down exposed areas of the body (neck, face, arms and hands) using wipes, which must be carried on all apparatus. Disposable wipes are an effective tool for immediate decontamination and removal of toxins from the neck and other areas, but they cannot replace a shower.

• All clothes and PPE must be washed after exposure to products of combustion or other contaminants. This should be done as soon as possible or isolate contaminated PPE in a trash bag until washing is available. Firefighting gear is heavy, so a commercial washing machine or gear extractor is needed for proper cleaning and decontamination.

At no time should PPE be taken home, to a laundromat, or to a dry cleaner for washing.

PPE should be hung to dry in a manner that allows for drying as well as good turnout times.

Racks with hangers and fans can facilitate and speed up this drying A commercial washer (extractor) to process. clean firefighter gear.

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Firefighter gear properly stored in a room separate from living and education areas of a fire station.

• PPE, especially turnout pants, must be prohibited in areas outside the apparatus floor (i.e., kitchen, sleeping areas, etc.) and should never be in the living quarters.

Turnout gear can become contaminated with carcinogens every time a firefighter enters an atmosphere that has fire, smoke and the byproducts of combustion. And to be 100 percent safe, even if the turnout gear has been decontaminated, keep it in gear storage and decontamination areas.

• Wipes, or soap and water, should also be used to decontaminate and clean apparatus seats, SCBA’s and interior crew areas regularly, especially after incidents where personnel were exposed to products of combustion. Each fire www.nhmunicipal.org

Your Safety Checklist ❑❑ Provide a 2nd set of firefighting turn out gear, including a protective hood. ❑❑ Provide for Firefighter Medical Evaluations (NFPA 1582) ❑❑ Install showers in the fire station(s). Require showers after returning from a fire. ❑❑ Install Personal Protective Equipment (gear) washing machines/extractors. ❑❑ For firefighters - Exercise regularly, eat healthy, and refrain from using tobacco.

The yellow hose is a so-called source capture diesel exhaust management system that properly vents dangerous exhaust fumes from the fire station.

❑❑ Install systems to remove vehicle exhaust from fire stations.

incident may be considered a toxic environment, and the apparatus and equipment need to be cleaned.

❑❑ Train firefighters to formally document all fires on NFIRS reports.

• Ensure that fire apparatus and other emergency vehicle exhaust is properly vented with a code compliant vehicle exhaust capture and removal systems. So-called source capture of airborne particles, prior to their spreading in the fire station, is the most efficient method to achieve a safe and healthy working environment. Absent an exhaust system, do not operate vehicles indoors unless absolutely necessary and for as short a time as possible to limit exposure.

• Provide annual training to firefighters on cancer prevention to include PPE best practices, hygiene and decontamination, tobacco and alcohol use awareness, fitness and nutrition. For cancer prevention to be effective in the fire service, it must include all aspects of modifiable risk factors on and off the fire ground. Tobacco products of any variety, including dip and e-cigarettes, should never be used at any time, on or off duty. If your firefighters use tobacco, help them to quit.

• Make available annual physicals for firefighters, as early detection is the key to survival. The National Fire Protection Association’s 1582 standard provides guidelines regarding medical programs for fire departments and recommends annual physicals for prevention of disease. The standard’s purpose is to reduce the risk of fire service occupational morbidity and mortality while improving the safety and efficiency of firefighters.

• Make sure your fire department is documenting all fire or chemical exposures on incident reports or on personal exposure reports. Through documentation, a clearer picture is painted that correlates exposures to the health risks associated with those exposures. Tracking exposures can help firefighters better understand their risks and more effectively communicate these risks to their healthcare provider.

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BEST PRACTICES from page 13 What Now? Finally, it is not only the job of the fire service and its leaders to help educate responders of their risks, but it is incumbent upon elected officials and other community leaders to be educated to address the policies and the funding needed to help reduce the effects of deadly occupational cancers. Exposure solutions such as properly cleaning equipment, and stations designed to eliminate diesel exhaust and contaminated PPE from the personnel and living areas, along with physicals and cancer screenings are important considerations for you. With this proactive approach, and cooperation between department leaders and city and town officials, chances of a cancer diagnosis can be reduced.

Source 1: National Volunteer Fire Council, International Association of Fire Chiefs: Lavender Ribbon Report, August 2018.

Source 2: State of New Hampshire, Department of Safety, Division of Fire Standards and Training, Advisory Notice Regarding New Cancer Law, August 2018.

Source 3: Fire Service Cancer Alliance, Occupational Cancer in Firefighters, May 2015.

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NEW HAMPSHIRE TOWN AND CITY

Additional Resources Firefighter Cancer Support Network: www.firefightercancersupport.org/ Firefighterclosecalls.com: www.firefighterclosecalls.com/ International Association of Fire Chiefs: www.iafc.org/ National Fire Protection Association: www.nfpa.org/ National Volunteer Fire Council: www.nvfc.org/ Safety, Health and Survival Section of the IAFC: www.iafcsafety.org/ The National Institute for Occupational Safety and Health (NIOSH): www.cdc.gov/niosh/firefighters/injury.html

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2019

Budget & Finance Workshops 9:00 am—4:30 pm

9:00 am—4:30 pm

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Thursday, September 26

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Registration to open later this summer.

Register online at www.nhmunicipal.org under Calendar of Events Cost is $90 and includes continental breakfast, lunch, and a copy of NHMA’s 2019 edition of The Basic Law of Budgeting: A Guide for Towns, Village Districts, and School Districts.

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Cybersecurity: Best Practices for Municipalities

By Lisa N. Thompson

Data breaches and cybersecurity incidents like those involving large corporations such as Facebook and Marriott continued to make headlines in 2018. But cyberthreats are not limited to the private sector, one of the biggest cybersecurity stories to make the news last year involved the city of Atlanta, which sustained the largest cyberattack against a major U.S. city.

In March 2018, Atlanta was the victim of a remote ransomware attack in which anonymous hackers disabled online access, encrypted files, and demanded a $51,000.00 ransom, paid in bitcoin, in exchange for the decryption key to regain access to system files. City officials refused to pay the ransom and recovery from the attack cost the city millions of dollars. The attack took many of the city’s services offline for nearly a week and disrupted services and critical functions.

Fallout from the attack included years’ worth of bodycam and police dashcam videos being lost, the municipal court system could not access electronic records, Wi-Fi at Atlanta’s Hartsfield-Jackson International Airport was shut-down, the city’s online bill payment system was disabled, and several departments, including the police, were forced to file reports on paper instead of electronically.

The rapid proliferation of mobile devices, apps and the Internet of Things (IoT) has impacted virtually every industry and facet of life, including local governments. Technological advances are transforming local governments of all sizes and locations, providing increased transparency and streamlined operations. The application of a wide range of digital and electronic innovations has improved efficiency of government services impacting all municipal employees, from clerks and tax assessors to firefighters and police officers. The Internet has made it possible to interconnect systems, people and digital devices, making various aspects of local government more efficient and accessible. Most municipalities now have websites which allow residents to interact with their local government online, some even provide online billing systems which allow residents to pay property taxes, utilities or other city services online.

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NEW HAMPSHIRE TOWN AND CITY

With the expansion of digital technologies such as mobile apps, sensors and IoT, municipalities are becoming “smarter”, allowing interconnection between systems, people and devices to improve infrastructure, efficiency and convenience for residents. Many municipalities are starting to invest in “smart” technology and increasingly, those that are not necessarily “smart cities” are evaluating how they can leverage technology to improve services and reduce costs.

A “smart” city is equipped with a number of electronic devices and equipment that collect information through the Internet allowing municipalities to become more electronically connected and data-driven. For example, sensors that monitor traffic can be used to automatically communicate with traffic lights. Adopting “smart” technologies is all about integrating digital solutions (e.g., collecting and using data) in order to optimize infrastructure, improve emergency response and public safety. Many municipalities already utilize systems that are Internet-connected such as law enforcement surveillance systems, traffic cameras, motion sensors for street lights, and waste management monitoring systems.

However, the benefits of technology can also bring disadvantages for municipalities. As local governments become more high-tech, using Internet-connected systems and offering more municipal services online, they increase their vulnerability to a cyberattack. When adopting smart technologies, where various municipal works are connected to a computer network or the Internet, municipalities often fail to ensure the technology is secure before implementation. Without proper security protocols, municipal systems can easily be exploited by hackers by taking control of computer servers and knocking out public services, from traffic lights to water quality.

Cyberattacks against municipalities are increasingly common and becoming more sophisticated and severe. Cybersecurity becomes more urgent as more local governments adopt new technologies and offer services that are integrated with online networks. Atlanta was not the only U.S. city to be www.nhmunicipal.org

hit by a cyberattack in 2018. Cities and towns across the country are being targeted by cybercriminals, nationstates, and hacktivists who seek the path of least resistance by exploiting vulnerabilities in municipal computer networks. In November, two Iranian citizens were indicted for the ransomware attack that paralyzed Atlanta.

Prior to the 2016 presidential election, state-sponsored Russian hackers successfully penetrated election infrastructure of several U.S. states.

• In March 2018, Baltimore’s 911 dispatch system suffered a ransomware attack which prompted a temporary shutdown of automated dispatching. The city temporarily transitioned its 911 computer system into manual mode and was able to continue to operate without disruption. The system was fully restored within 17 hours.

• In April 2018, the town of Rockport, Maine was hit with a ransomware attack that disabled computers and encrypted files, hackers demanded a $1,200.00 ransom, paid in bitcoin, to restore the files. The town did not pay the ransom and was able to recover its files from a backup server and restore the encrypted data.

• Even New Hampshire towns are susceptible to attack. In March 2018, the Trojan horse malware called Emotet, infected Portsmouth’s computer network. The malware sought out electronic address books, collected email addresses and then sent fake emails that appeared to be from city officials and gave recipients the impression that they must pay an invoice from the city and instructed them to click a link for

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details. The city later submitted an insurance claim of $156,813.00 to cover the costs for managing the attack.

• In December, Gemini Advisory, a security research firm, reported that at least 46 municipalities across the U.S. that utilize the online software product called Click2Gov had been hacked. According to the report, Click2Gov, commonly used by municipalities for processing online payments for utility bills, licenses, fines, and permits was the point of compromise. Credit card and personal data was exposed when consumers paid utility bills online using the Click2Gov payment portal.

Local government networks are attractive targets for cybercriminals and particularly susceptible to cyberattacks

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CYBERSECURITY from page 17 mainly because of the vast amounts of sensitive data they possess and maintain about infrastructure and their residents, including property tax information, social security numbers, tax and voter records. In addition, by law, government must be transparent.

While open government has made access to public records and information easier for citizens, it has also made it easier for cybercriminals to exploit public systems that contain sensitive information. Because local governments maintain sensitive personally identifiable information, they have a fiduciary duty to safeguard that information. As largescale data breaches continue to make headlines, local governments must make cybersecurity a priority. Any city or town, regardless of size, is at risk for a cyberattack. To keep pace with the constantly evolving threats and tactics

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of cybercriminals municipalities must be proactive, not reactive, about cybersecurity.

Another reason municipalities are seen as prime targets by hackers is, unlike private businesses, they are less prepared for an attack. Local governments typically have limited budgets for upgrading networks and security systems, often use outdated technology, and may not have dedicated IT staff to implement organizational safeguards to protect against the ever-increasing risk of a cyberattack.

A 2016 survey on cybersecurity issues by the International City/County Management Association (ICMA), a professional organization for local government administrators, showed that local governments around the country are unprepared to respond to cyberthreats. The survey found that 70% of respondents had not developed a formal cybersecurity plan

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and only 34% had written incident response plans. The survey also found that 67% of respondents reported experiencing a cyberattack where their network security was compromised at least once a year. However, since a majority of respondents (54%) do not track how often their systems are attacked, these numbers are probably much higher. Perhaps most concerning is the high percentage of respondents that did not know how often they were attacked (27%) and experienced a breach (41%). The same survey found that 52% of respondents cited lack of funding as a barrier to achieving high levels of cybersecurity.

The smooth functioning of municipal services is crucial for local governments. In exchange for paying taxes, citizens expect local governments to provide a range of services such as public transportation, building/maintaining roads and infrastructure, supplying sanitation, supervising elections

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and operating libraries. However, as the cyberattack that shut down Atlanta’s servers illustrates, local governments are vulnerable, potentially leaving hundreds or thousands of residents without municipal services.

The potential impact of a cyberattack against local governments is considerable. As local governments expand the connectivity of computer systems and networks, they become more exposed to the increasingly sophisticated attacks that exploit software and systems vulnerabilities.

The reliance on computer systems by local governments means that critical infrastructure such as traffic management or sanitation systems are more exposed to attacks that could lead to large-scale service disruptions. Unless proactive steps are taken to implement a comprehensive cybersecurity program, municipalities will continue to be at risk. Creating a culture of cybersecurity awareness at all levels of local government is necessary to combat the evolving threat landscape.

Cyberattacks on local governments have become so commonplace that municipalities are being advised to disclose cybersecurity risks in municipal bond offering documents. According to S&P Global Ratings, a cyberattack could result in a lower municipal credit rating. While S&P has yet to downgrade municipal credit because of a cyberattack, analysts view cyberthreats as similar to natural disasters or other catastrophic events, where the duration and severity of the event could have a subsequent impact on credit rating.

Much like disaster planning, analysts have begun questioning municipalities about their cybersecurity defenses and assessing their preparedness for a cyberattack or data breach.

For the most part, local governments can take steps to improve cybersecurity without spending a lot of money. While www.nhmunicipal.org

there are no overarching cybersecurity guidelines for local governments, there are numerous resources, programs and tools available for managing cyber risks.

For example, the U.S. Department of Homeland Security (DHS) designated the Multi-State Information Sharing & Analysis Center (MS-ISAC) of the Center for Internet Security (CIS) as the central resource for state and local governments regarding cyberthreat prevention and recovery. It provides a centralized forum for information sharing and cybersecurity resources.

There is no cost to be a member.

establish a baseline understanding of all network and system vulnerabilities.

Local governments cannot afford to view cybersecurity as solely an IT issue or a problem that can be solved by technology alone. Cybersecurity should be viewed as shared responsibility across the entire organization and requires a top-down approach that must include the entire chain of appointed and elected officials in local government. Local officials must be aware of the responsibilities that they have to ensure the security of personal information and sensitive data they maintain.

Additionally, the National Institute of Standards and Technology (“NIST”) has created a voluntary Cybersecurity Framework that consists of guidelines and recommended practices to manage data security risk. The NIST Resource Center is a valuable resource providing information on the best practices and security standards which municipalities can use to develop their comprehensive cybersecurity strategy.

Cybersecurity Assessment. The first step in improving cybersecurity is recognizing vulnerability. Most local governments do not have a complete picture of the security gaps in their systems and networks. To develop a cybersecurity program, municipalities must first conduct a comprehensive risk assessment across all departments, identifying potential risks, exposures and areas for improvement. If a municipality cannot identify its cyber vulnerabilities it cannot expect to effectively defend against them. The risk assessment should identify the categories of risk that apply to the municipality’s people, processes, systems, and vendors.

Every local government is unique. In order to effectively respond to a cyberattack, it must understand the different threats and the potential impact particular to their organization. A good starting point in preventing cyberattacks and developing a comprehensive municipal cybersecurity program is to

Local governments that do not assess J U LY / A U G U S T 2 0 1 9

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CYBERSECURITY from page 19 their security weaknesses on a regular basis are most vulnerable. Oftentimes hardware, network equipment, software, and wi-fi access points are weak points. At a minimum, the assessment should identify the types of sensitive information that each department collects, where it is maintained, and who has access to that information within the organization. The assessment should also entail conducting an inventory of all hardware and software components to determine the types of hardware and software the organization is currently using and identifying any risks to data and existing hardware and software. In addition, before committing to new hardware, software or e-government program, local governments should ensure that all cybersecurity issues have been considered before implementation.

Once the risk assessment is finalized and potential vulnerabilities are identified, municipalities can create actionable and appropriate solutions to address weaknesses in their system and direct resources to shore up security.

Local governments should use their assessment as a focal point to bring together stakeholders to develop a comprehensive cybersecurity strategy.

In order for any cybersecurity initiative to be effective it must be integrated throughout all departments of an organization.

establish to manage cybersecurity risks.

Below are a few best practices municipalities can implement to reduce the likelihood and potential damage of a cyberattack.

Password Management Policy. One of the most important steps a municipality can take to prevent a data breach is to establish and enforce a password management policy for all employees.

Employees should create unique hardto-guess passwords for each account, computer, mobile device or wireless network, with at least 10 characters, containing a mix of upper- and lower-case letters, numbers and symbols.

The same or similar passwords should never be used for different accounts or applications and sharing of passwords should be prohibited. In addition, it is essential that all personal mobile devices that access municipal networks and systems be password protected.

For added security, passwords should be changed regularly (e.g., every 60-90 days) and never repeated. Also, imposing strict session timeouts so that if a user leaves an account or application unattended for an extended period of time while logged in, the session will automatically time out and log the user off, requiring the user to re-enter their password to log back on. All local government computers and systems should have a lockout feature, which

after a certain number of successive attempts of entering the incorrect password the user is automatically locked out.

Multi-Factor Authentication. Since passwords are easy to crack, a password alone is not enough to protect municipal networks and systems from being breached. Implementing multi-factor authentication is an easy way to keep municipal networks secure. Multi-factor authentication is a security enhancement that requires a user to supply additional information besides just a username and password before being allowed to login to an account or gain access to a network or system. Even if a password is cracked or stolen, access is thwarted because of multi-factor authentication. In order for the authentication to be complete, a user must enter their login/password and then when prompted provide a passcode or security code, usually a temporary code sent by email or text (it can also be a fingerprint) to gain access. Multifactor authentication is highly recommended whenever employees request remote access to municipal networks and systems. While many apps and programs such as Office 365 already support multi-factor authentication, it is important not to overlook other critical software programs that are used by various departments. Local govern-

Preventing a Cybersecurity Breach Cybercriminals target municipalities not only because of the valuable information they maintain, but because they are perceived as soft targets, often underfunded and unprepared. To be effective, cybersecurity risk mitigation requires both defensive and offensive strategies. While there is no one-sizefits-all approach that can prevent a cyberattack, there are several cost-effective strategies that municipalities can 20

NEW HAMPSHIRE TOWN AND CITY

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ments can install multi-factor authentication apps such as Authy, Google Authenticator, or Salesforce Authenticator, or hire a third-party vendor such as Duo Security or PingID that offer cloud-based multi-factor authentication services.

Encryption. Local governments are tasked with safeguarding sensitive government data and personal information. Many employees routinely use laptops, USB drives and mobile devices to store and transmit sensitive data through e-mail, instant messaging, and other forms of digital communication. Lost or stolen laptops, USB drives and mobile devices that contain unencrypted data are a main cause of data breaches. While a password can prevent someone from logging into a lost or stolen laptop or mobile device, other means can be used to access and copy stored files and data. Encryption is an easy way to safeguard against unauthorized access to confidential data when a laptop, USB drive or mobile device is lost or stolen or when a message is intercepted by a third party.

Encryption is a vital security control for local governments and should be enabled on all municipal computer systems, USB drives, files stored in the cloud, laptops and mobile devices. Encryption is where readable text, documents, or other data are converted into unreadable, scrambled code that can only be read by those authorized to access it with a password or security key. When developing a cybersecurity strategy, local governments should consider encryption to protect sensitive data. Data stored on hard drives, laptops, mobile devices, servers, USB drives and stored in the cloud, known as “data at rest,” can be a vulnerable target for hackers. Local governments should consider what is called “fulldisk” encryption, which can be used to encrypt data at rest. Full disk encryption protects data if a laptop, USB drive or mobile device is lost or stolen.

Most newer desktop computers, lapwww.nhmunicipal.org

tops and mobile devices come with operating systems that offer ways to fully encrypt stored data. For example, both Apple and Microsoft offer built-in encryption software which allows for full encryption of an entire drive. Apple’s operating system for desktop and laptop computers, Mac OS X, comes standard with FileVault and BitLocker is included with Microsoft Windows 10 Professional. Some operating systems have encryption enabled by default and others require users enable encryption on an individual file, directory or drive basis. In addition, there are third-party cloud-based, hardware and software encryption solutions that can be used throughout an organization on servers, desktop computers, laptops and mobile devices.

Stay Current with Updates. Routinely installing security updates as soon as they are released is an essential component to any cybersecurity program and

can greatly improve a municipality’s cyber resilience. Local governments that do not regularly install security patches and software updates on all devices, hardware and applications (e.g., antivirus software, browsers, desktop computers, laptops, mobile devices, operating systems, printers, routers, etc.) are vulnerable to attack. For example, the cyberattack that hobbled Atlanta was due to the exploitation of a system that had not been updated. It only takes a single computer or device that has not been updated or patched for a local government’s entire network to be compromised. Much like how thieves check for unlocked windows or doors to break into a house, cybercriminals are constantly scanning for security vulnerabilities to exploit so that they can gain access to critical systems that have valuable data. Local governments should prioritize raising awareness about importance of installing updates and require all employees that

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CYBERSECURITY from page 21 have access to municipal networks and systems to regularly update all personal devices and apps as soon as they are available. In addition, software that is no longer supported with updates and security patches present weaknesses that can be easily exploited and should be disabled or deleted (e.g., Windows XP, Internet Explorer versions 10 and older).

Education and Training. Protecting local government networks from cyberattacks requires more than technological solutions. When it comes to cyberattacks, studies show that one of the biggest risks in any organization are its own employees. Cybercriminals often specifically target employees with phishing emails designed to get them to release sensitive information or click a malicious link. However, when they receive regular training on cybersecurity best practices and potential scams, employees can also be the first line of defense. Too often cybersecurity strategies focus on preventing external threats without addressing internal threats. The cornerstone of any comprehensive cybersecurity strategy is training.

It is imperative for local governments to implement comprehensive security awareness training and testing for all employees (including contractors, appointed and elected officials, and interns) and anyone who interacts with its networks and systems. Effectively training all municipal employees on cybersecurity issues is an essential component of any comprehensive cybersecurity program and should, at a minimum, include educating employees on how to recognize risks and potential cyberthreats such as phishing scams, malware and ransomware. Local governments should also consider creating training manuals for employees.

Regularly educating employees on the risks of downloading attachments from 22

unknown sources, using insecure networks, sharing passwords and social engineering can greatly reduce the threat of a cyberattack. Since cyberthreats are constantly evolving, creating a culture of awareness requires ongoing education and training and is not something that can be done just once. Continuing cybersecurity education should be mandatory for all municipal employees throughout the duration of their employment.

Backing Up Data. A backup of municipal networks and systems is the best way to avoid data loss and can be invaluable if a catastrophic event such as a ransomware attack, fire, theft, natural disaster, server crash, or user error occurs. In fact, one of the easiest ways municipalities can protect their networks from ransomware includes keeping regular backups of their systems offsite. Regular backups are one of the easiest and least expensive cybersecurity precautions that a local government can take to mitigate the risks of an incident involving data loss. A backup is a stored copy of important municipal data and systems, which can be recovered if the original data is lost or corrupted.

Local governments should ensure that all important data and systems are routinely backed up. Backups should be encrypted so that they are protected from ransomware. Local governments should maintain their backup at a secure off-site location and make sure to backup all data that is stored in the cloud as well. Also, just as important as the backup itself, is the periodic testing of backups to ensure that data can be restored. Backup systems can be stored on-premises using an external harddrive or flash drive, or off-site using a cloud provider. Having one back-up copy is not sufficient – to be safe it is advised to enable two backup options with at least one copy off-site or on a different server in case of an on-premise disaster or outage. It is important

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to note that while most local governments regularly back up their systems, employees are less likely to back up their local drives or mobile devices. To prevent the loss of data in the event of a cyberattack, local governments should require employees that use mobile devices such as smartphones, tablets and laptops to routinely perform full backups of both data as well as program files.

Cybersecurity Policies and Procedures. Cybercriminals exploit both human and technical weaknesses. To manage those risks local governments should consider developing written cybersecurity policies and procedures for all employees to follow. In addition, all cybersecurity policies should be shared with everyone with access to municipal systems and networks to ensure that they are adopted and followed. Developing an effective cybersecurity policy requires proactive planning by all municipal departments, identifying risks, explaining roles and responsibilities.

When developing their cybersecurity policies municipalities should consider adopting the NIST cybersecurity framework. The framework proposes a common set of best practices and risk management principles that can be applied across a broad range of organizations. Documented policies provide the foundation for effective governance of any cybersecurity program and provide clear guidelines and processes. It is important to establish and enforce data security policies and procedures that address acceptable use of email, file sharing, the Internet, laptops, remote access and social media. Since employees increasingly use their personal mobile devices for work, it is important to have a mobile device policy to protect municipal networks and systems. Another way local government can improve cybersecurity is by having an access management policy, granting access to confidential data and critical IT systems only to those employees who need it as necessary to fulfill their www.nhmunicipal.org

job responsibilities. It is important to keep in mind that as technology and cyberthreats change, security policies and training should be updated on an annual basis. Also, local governments should periodically review their policies to ensure compliance with all applicable laws and regulations.

Vendor Management. Many smaller municipalities often outsource functions and rely on third-party service providers and other vendors for a range of services such as credit card processing and payroll services. To combat cybersecurity threats local governments must conduct adequate due diligence and risk management assessments on all third-party vendors that have access to any confidential data and that interact with municipal networks and systems, verifying that they are capable of complying with all relevant data security laws. This can easily be accomplished by having vendors complete

a comprehensive due diligence questionnaire. In addition, municipalities should require all vendors to provide security documentation. Furthermore, municipalities should impose contractual obligations on vendors, requiring up-to-date on-time patching of vulnerabilities, prompt reporting of potential cyber incidents, cooperation in investigating an incident and preserving relevant evidence, etc. As part of their ongoing third-party due diligence, local governments should evaluate vendors for compliance and risk on an annual basis. To effectively manage vendor risk, local governments should consider creating a vendor database to collect and store due diligence information, risk ratings, and monitoring information. The database could also include current and past versions of contracts as well as exceptions to vendor policies and procedures. By constantly maintaining and updating vendor records, municipalities can fur-

ther minimize their cybersecurity risks.

Incident Response Planning. A common refrain in the cybersecurity industry is “it’s not if, but when” a cyberattack will occur. Just as local governments routinely prepare plans for the continuity of operations in the event of a natural disaster, they must also prepare plans to restore critical computer systems and networks as quickly as possible in the event of a cyberattack. The time to develop an incident response plan is not in the wake of a cyberattack. Prior to a cyberattack, local governments must proactively develop a comprehensive written incident response plan. Only with a documented incident response plan can consistent action and mitigation measures be taken. An incident response plan is a set of procedures designed to identify, investigate and respond to a cyberattack in a way that reduces the impact and allows the municipality to return

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CYBERSECURITY from page 21 to normal operations as quickly and efficiently as possible. Local governments should consider using resources like the NIST cybersecurity framework when developing an incident response plan. An effective incident response plan should include a step-by-step plan to determine the nature and extent of the incident, specifying the actions to be taken and identifying the roles of key employees, vendors, and other stakeholders for each step in the plan.

Every local government relies on critical services and communication systems, that would significantly impact its ability to function if compromised.

Communication is crucial during any disaster or emergency, including a cyberattack. In the event of a cyberattack that knocks out municipal servers, electronic communications such as email,

instant messaging, and texting may be shut down, potentially impacting the delivery of critical public safety services such as emergency medical personnel, fire and police, which rely on access to computer systems and networks to communicate. Local governments need to be prepared to communicate using different forms of communication during a cyberattack. It is critical that, as part of their incident response planning, local governments include procedures on how the organization will communicate and coordinate after a cyberattack, including how to inform residents which services may be impacted.

Cyber Insurance. As cyberattacks become more sophisticated, despite preparation and employee training, municipal computers and networks can still be compromised by an unforeseen vulnerability. However, one way

that municipalities can offset some of the risks and limit their exposure is through cyber liability or cybersecurity insurance. Local and state governments across the country are purchasing cyber insurance policies to cover losses resulting from a cyberattack. It is important to note that cyber insurance is intended to complement, not replace, a municipal cybersecurity program.

Furthermore, cyber insurance will not remove the threat of a cyberattack, but it can help cover the costs arising from a cyberattack, including breach notification, regulatory fines, forensics, legal fees, and other expenses. Policies vary, but cyber insurance can also cover the cost of restoring data affected by a cyberattack and for legal liabilities such as the cost of claims made against the municipality for failing to protect personal data. Insurance companies that offer cyber insurance often perform evaluations of an organizations’ secu-

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rity practices and policies to determine whether adequate procedures are in place to mitigate potential cyberattacks. Local governments that do not meet certain standards can expect to pay higher premiums for a cyber insurance policy - premiums are higher for municipalities that have not implemented safeguards to protect themselves from cyberattack. It is critical that municipalities assess what their cyber insurance policy actually covers.

As with other types of insurance, cyber policies often contain a variety of exclusions buried in the policy that can limit coverage. Common exclusions to be aware of include outdated software, unencrypted data and devices, certain types of social engineering scams, and acts of foreign governments. Furthermore, when selecting an insurance policy, local governments should carefully consider whether all contractual conditions of the policy are fulfilled, or the insurer will attempt to rescind

coverage or deny claims in the event of a cyber incident. Lastly, as cyberattacks continue to evolve, local governments should periodically assess their specific exposure to threats to determine whether the amount and scope of their cyber insurance policy is sufficient to cover losses resulting from a cyberattack.

Cybersecurity is a critical issue for all municipalities regardless of size or location. While many local governments may cite lack of funds or resources for not being cyber resilient, as discussed above, many security measures are simple and low-cost, such as having a password policy, keeping software, browsers and operating systems updated, and providing on-going staff training and education to prevent cyberattacks.

As local governments leverage new technologies, it is critical to under-

stand not only the new security risks that go with them but the growing cybersecurity challenges as well. Cybersecurity is a permanent state of vigilance and is not something that local governments can achieve with a “one and done� approach. As cyberattacks on local governments become more commonplace, municipalities should view cybersecurity as the new normal.

Just as the technologies used to provide municipal services evolve, the threat of cyberattacks are constantly evolving. Municipalities must continuously update their defenses staying aware of current cyberthreat trends.

Lisa N. Thompson is chair of the New Hampshire Bar Association Intellectual Property Section and an attorney with Hage Hodes, PA in Manchester. Her practice focuses primarily on business and intellectual property matters. She can be reached at Lthompson@ hagehodes.com

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25

Micromobility in Cities: A History and Policy Overview The past year has been marked by a race toward micromobility, where bikes and electric scooters provide a new way for residents to move throughout their communities.

While there is a great deal of promise with these innovations, the emergence of micromobility comes with its own set of challenges and considerations for planners, residents and local decisionmakers.

munities, NLC is proud to release Micromobility in Cities: A History and Policy Overview.

The report provides officials with background information, case studies and recommendations to help them make the right decisions for their communities. In this report, you will find: • The history of micromobility

At the same time, many communities still have vast surface transportation needs which must be addressed for micromobility to take shape. As federal leaders debate how to fund America’s transportation future, the National League of Cities (NLC) will continue to advocate for federal investments that support the wide variety of local projects that connect communities and grow their economies. To provide local leaders with a comprehensive view of micomobility and the experience of different com-

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NEW HAMPSHIRE TOWN AND CITY

• Case studies from cities across the country • Recommendations for local leaders

Learn more by downloading NLC’s new report, Micromobility in Cities: A History and Policy Overview, at https://www.nlc.org/sites/default/ files/2019-04/CSAR_MicromobilityReport_ FINAL.pdf .

www.nhmunicipal.org

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 Eric Meth, Selectman in the Town of Franconia.

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

EM: There are many colorful personalities in the Town of Franconia. We also have a wealth of innovative and smart residents: academics, professionals, businessmen, educators, entrepreneurs, etc. Trying to address, incorporate and balance their ideas and concerns with our duties and responsibilities to our town is quite a challenge.

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

EM: NHMA has been an invaluable source of information for me in all areas. If I had to point to one area that has helped me in making decisions, it would be legal. As a non-practicing attorney, the legal department has always been helpful to me in understanding how RSA’s and state regulations relate to the governance of Franconia in many ways.

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

EM: The public perception depends on “the public” to which you refer. Some perceive that the budget is the bottom line. Others focus on services rendered. Regardless, I know I have a fiduciary responsibility to the Town regarding our budget, but I really believe Franconia is a special place and a special place to live and, with that, I have a responsibility to see that it grows and that we take advantage of its special attributes.

Eric Meth

TC: Tell us a story about an unusual experience you have had while doing your job.

EM: Since we are situated in the White Mountains, I was going to speak of my inordinate amount of time I spend in Franconia Notch: skiing, hiking, biking. But, I will refer to my education regarding beaver dams... to the point that the Board held a mini-trial and had to rule on the best way to address the imminent danger of potential flooding from a break in the dam. We had testimony from expert witnesses and evidence to weigh...I even did a site visit. It was quite an education...and very rewarding...and we made the correct decision in the end.

TC: Has your public position changed you personally?

EM: Absolutely not. Although I find my public service very rewarding and I have to make myself more available at times, the position still allows me to enjoy my privacy, my job in education and my activities (mostly outdoors). I know those core values help me be a better Selectman.

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.

27

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

EM: I don’t believe it has. I’m not, by nature, a confrontational person. I believe communication and bringing people together to get things done is the best way this community works. My motto is: “With a few exceptions, nothing is that important.”

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

EM: I grew up with two older sisters: one sister I referred to as the “rightest” and one sister I referred to as the “smartest.” That didn’t leave a whole lot of room for me. I think that it is similar to my role as Selectman. There are many that are “righter” and many that are “smarter” but I have to believe that the decisions I make for Franconia are in the best interests of the town and its residents.

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

EM: I don’t believe I would change much. When I moved from Philadelphia to Franconia and attended my first town meeting, I thought: “Wow, democracy in its purest form.” I’m impressed with how well the New Hampshire form of town government works. Although we are not a “home rule state,” I believe that the state does vest us with the power and structure to address the concerns that we face.

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

EM: Not anything about the job, per se...except to say that, although there are too many to mention, I’ve come to appreciate all our town employees and volunteers that make this job a whole lot easier.

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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 a city and town clerks, assessors, health officers, road agents, etc. In this issue, we introduce the New Hampshire Association of Conservation Commissions.

TC: What is the mission/goals of the New Hampshire Association of Conservation Commissions?

NHACC: The NHACC Missions is to foster conservation and appropriate use of New Hampshire’s natural resources by providing assistance to conservation commissions, facilitating communication and cooperation among commissions, and helping to create a climate in which commissions can be successful. The association serves as a resource network as well as a source of technical advice, education, and advocacy for all of our members and for the cause of conservation throughout New Hampshire. We’re the only organization providing specific programs and support to our state’s municipal conservation commissions.

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

NHACC: New Hampshire municipal conservation commissions are tasked with conducting natural resources inventories, coordinating activities and environmental education, land protection, wetland permit review and so much more.

Working to protect our state’s natural resources can be a tall order. It is a challenge to find and keep interested volunteers and make sure commissions have the knowledge to face emerging environmental issues. Remaining relevant as an advisory board requires working with other town boards and the public to accomplish goals. NHACC understands that commissions need support and technical assistance to ensure that all conservation commissions remain strong and effective within their communities.

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

NHACC: NHMA has been a tremendous help to NHACC. We have partnered with NHMA on two webinars and recently cooperated on an article for NHMA’s New Hampshire Town and City Magazine, What is the Role of Conservation Commissions in Wetland Permitting? We often send our members to NHMA when they need legal advice or information that NHACC is not able to provide. We also appreciate checking in with NHMA on legislative issues and see what they are following. Likewise, staff from NHMA have checked in with NHACC to see what bills we are following and what we

www.nhmunicipal.org

(NHACC Board of Directors)

plan to support or oppose. It has been an extremely beneficial partnership!

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

NHACC: Make connections with experts in the conservation community and know where and when to seek help from others. We always promote coordination with other organizations and building partnerships to make sure we are efficient and effective. As put forth in RSA 36-A: conservation commissions “shall seek to coordinate the activities of unofficial bodies organized for similar purposes.” It is a wise mandate.

TC: Do you dislike any aspects of your profession? Which ones? Why? NHACC: It is critical to have a wide range of skills and abilities to manage a non-profit, and it can be hard to do everything well.

We need to have knowledge of non-profit management, fundraising, board development, event coordination and still provide technical assistance to our members every day. NHACC relies heavily on board members and volunteers who may have limited time and expertise. We need to respond to the needs our members, follow what’s happening in the legislature and make sure we are fiscally solvent. It can be a challenge to get everything finished in a timely manner and make sure it is done well.

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

NHACC: NHACC wants to see every town in NH have an active conservation commission, playing a significant role in protecting natural resources in their community. We currently have 217 conservation commission in NH, so we still have a dozen or more towns who need to establish commissions.

Conservation commissions must continue to seek education and training to respond to increasingly complex environmental issues so we would like to offer more advanced technical training opportunities for commissions.

J U LY / A U G U S T 2 0 1 9

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The

HR

REPORT

Workplace Violence

By Mark T. Broth

On May 31, 2019, an engineer employed by the City of Virginia Beach, Virginia, is alleged to have shot and killed 11 co-workers and a City contractor and injured several others. According to several media reports, the shooter was facing disciplinary action resulting from a fight with a coworker. The shooter is also alleged to have been involved in physical “scuffles” with other City employees and had demonstrated other unspecified behavioral problems. The shooter submitted a letter of resignation on the day of the shooting. However, he allegedly retained his employee security badge and used it to access the building where the victims were at work. The shooter died in a shootout with local police.

This incident has brought national attention back to the issue of workplace violence. Beginning in the 1980’s, several incidents of violence involving U.S postal workers gave rise to the term “going postal” and began to focus employer attention on workplace safety. New Hampshire was not immune from the reality of workplace violence. The communities of Colebrook, Walpole, Newbury, Epsom, Manchester and others saw incidents where public employees, including both law enforcement personnel and civilian workers, were killed or injured while performing their jobs.

Like other employers nationwide, New Hampshire public employers began to pay greater attention to threats and acts of violence by employees, customers and others with whom their employees had contact. Threats of violence and physical altercations that may once have been ignored or treated as minor disciplinary events were now recognized as serious matters and grounds for termination. Many employers adopted workplace violence policies intended to reduce the risk to employees by prohibiting possession of guns and other weapons in the workplace and establishing “zero tolerance” policies for threats or acts of violence.

Sadly, workplace violence has become a subset of a much larger problem of gun violence and mass shootings. Tragic incidents have occurred in theaters, clubs, concert venues, 30

NEW HAMPSHIRE TOWN AND CITY

malls, schools, and other locations where people congregate. The frequency of these events, together with the general coarsening of public discourse and the casual nature in which some public figures use threatening language can only serve to increase the risk that events like Virginia Beach will reoccur. Public employers are encouraged to review and update their policies and training relative to workplace violence.

What should a workplace violence policy contain? We strongly encourage the following elements. A policy should define the types of conduct that is prohibited, including verbal abuse, psychological abuse, sexual assault, physical assault, bullying, and other threatening behavior. A policy should make clear that any threat of violence against another person, whether or not acted upon, and any incidents of violence towards another person will not be tolerated and will in most instances be a basis for immediate termination. The goal is to send employees a clear message and remove any expectation that violent acts will be met with leniency. New Hampshire communities have successfully relied on this type of policy to justify and survive legal challenge to the termination of employees for shoving or spitting on a co-worker, as well as more egregious violent conduct. While a “zero tolerance” policy is permissible, there may be rare instances where extenuating circumstances suggest some remedial measure other than termination and a “zero tolerance” policy can be undermined if employers make regular exceptions.

A policy should reserve to the employer the right to require employees alleged to have made threats or acts of violence to submit to a “fitness for duty” examination. From both an employee safety and liability standpoint, employers should be hesitant to retain an employee who has engaged in prohibited conduct without obtaining some assurance that the conduct is unlikely to reoccur. A mental health professional may be able to give some level of assurance and an employer reduces its future liability risk if it relies www.nhmunicipal.org

on a professional opinion rather than its own assessment of an employee’s propensity for violence.

A policy should prohibit the possession of guns and other weapons on employer premises, unless authorized by the employer and necessary for the performance of job duties. While RSA 156:26 restricts the ability of local government to regulate guns and other weapons, it seems highly unlikely that the Legislature intended to strip local government from regulating the conduct and protecting the safety of government employees.

Finally, the policy should make clear how an employee can report threatening and other unsafe behaviors by co-workers or others with whom the employee has contact in the performance of job duties.

A written policy should be supported by training. The policy should be reviewed with employees so that employees have a clear understanding of what is considered unacceptable conduct and are aware of the consequences of a policy violation. We also recommend that local governments work with the law enforcement community to consider improvements to physical security to limit public access to non-public work areas and to restrict employee access to buildings and offices that are not necessary for performance of their jobs. Police and other emergency responders should also be encouraged to engage in preplanning and holding drills in anticipation of a potential violent incident.

No policy can stop a bullet or prevent someone from engaging in a homicidal act. But a policy can be part of an

effort to establish a workplace culture of tolerance and respect, where employees have non-violent alternatives to expressing their frustrations.

Mark Broth is a member of DrummondWoodsum’s Labor and Employment Group. His practice focuses on the representation of private and public employers in all aspects of the employer-employee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion.

Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2019 Drummond Woodsum. These materials may not be reproduced without prior written permission.”

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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.

32

Growing Younger: What are Communities Doing to Reverse the Aging Population Trend?

By Kyle Pimental and Cameron Prolman “Young people, when informed and empowered, when they realize that what they do truly makes a difference, can indeed change the world.” – Dr. Jane Goodall

O

ver the course of the last several years, one would be hard pressed to find a planning professional who is not keenly aware of the issues that New Hampshire faces due to its aging population. According to the 2017 American Community Survey, the Granite State has the second highest median age in the country – trailing only our neighbor to the east – Maine. Roughly 20 percent of the state’s entire population is 60+. This means there are approximately 300,000 older residents living in New Hampshire; however, new estimates show that from 2013-2017 a modest net inflow of younger people have migrated into New Hampshire from other states.

areas, and using third places1 as community amenities that are designed to attract and retain young people.

In a research publication released by the University of New Hampshire Carsey School of Public Policy titled, “More Young Adult Migrants Moving to New Hampshire from Other US Locations” the new US Census estimates were analyzed to compare young adult migration between 2008-2012 and 2013-2017.

According to Ken Johnson, professor of sociology and senior demographer for the University of New Hampshire, the annual domestic migration gain was 5,900 between 2013-2017 – with the primary increases among those in their 20s and 30s. Southern portions of the state including Strafford, Rockingham, and Hillsborough counties have experienced the most considerable growth, largely as a result of their proximity to Massachusetts.

Not only are young people living in Dover, they are working for Dover. According to Assistant City Manager, Christopher G. Parker, a quarter of the 280-full time City employees are under the age of 35; a third are under 40; and half are under 45. The City is also benefiting from young volunteers, many of whom are recent graduates from the nearby University of New Hampshire, seeking out opportunities to improve and shape their community or neighborhood by offering their time and perspective. Local volunteerism levels, which have often been associated with retirees, are at the highest they have been in years with nearly all current boards and commissions being full.

Younger communities, like Manchester and Dover, are coordinating with their regional planning commissions to implement policies and practices including affordable housing options, complete street projects, urban parks, mixed-use development in downtown

NEW HAMPSHIRE TOWN AND CITY

Dover, NH With an estimated total population of 30,901, the City of Dover is the fifth largest municipality in New Hampshire behind Manchester, Nashua, Concord, and Derry. In conjunction with being recognized as one of the fastest growing communities in the state, it is also one of the youngest. According to the 2017 American Community Survey, the City boasts a median age of 36.6 with nearly 28 percent of the total population between the ages of 20 and 34.

When asked for his thoughts on a younger generation moving to Dover, Mr. Parker said, “It is important to stress that we value the demographics we are seeing move to the community and be involved in the City.

To be competitive, we need to embrace that demographic and make it a core strategy to continue to be a place that evolves and grows, by encouraging policy www.nhmunicipal.org

makers and decision makers at the volunteer and employee level to be in that demographic. In other words, to attract millennials, think like millennials, and the best way to do that is to hire and engage that demographic on boards, committees and commissions.”

Dover has worked with Strafford Regional Planning Commission (SRPC) on several efforts recognized as points of emphasis for millennials including climate adaptation and resilience planning, promotion of local businesses, community art projects, and recreational trail mapping. Other projects aimed to attract younger people and families are affordable housing options, transit and walkability advocacy, and grass roots initiatives such as CommuteSMART Seacoast, bike/walkto-work day, and the farmers market.

In addition, there a handful of SRPC staff members that currently volunteer on local boards including the Open Lands Committee, Planning Board, Cochecho Waterfront Development Advisory Committee, and the Community Trails Advisory Committee.

Manchester, NH The City of Manchester, with an estimated population of 111,196, boasts the largest population in the state.

With about 39 percent of its residents

under the age of 40, the Queen City is also home to the largest population of younger residents.

The Southern New Hampshire Planning Commission has worked alongside partners in Manchester, such as the Manchester Transit Authority, Bike Manchester, QC Bike Collective, UNH Manchester, Manchester Connects, the Manchester Health Department, Manchester Public Works, AARP New Hampshire, and many more to create a place that is attractive for younger generations.

In recent years, the City has seen an explosion in activity necessary for retaining younger generations. From quality tech jobs in the Millyard, to renovated affordable and micro-apartments, younger folks have been taking advantage of what the City has to offer.

Manchester is not only offering housing and employment opportunities for the city’s younger residents; it’s been investing in Third Places – or places where people spend time outside of work and home. Walking along Elm Street, it’s not hard to find an abundance of community-centered spaces.

Coffee shops, parks, farmer’s markets, outdoor concerts and events, a theater, a baseball stadium, a board game bar and café, bars, breweries, and count-

less local restaurants provide spaces for people, young and old, to interact with their community, and contribute to building a sense of place.

The City has also seen a growth in alternate modes of transportation for younger residents looking to ditch their cars. Bike Manchester, a local bicycle advocacy organization, worked closely with private and public officials to open seven bike-share locations throughout the city. In 2018, Manchester residents took over 1,500 trips on the city’s bikeshare system. Bike-share, coupled with the city’s public transit, along with a new pedicab service are offering valuable options which help to attract employers and younger residents.

It’s not very difficult to make the argument that a community will benefit from having a healthy population of younger people. Ongoing research has shown that communities who engage with younger demographics often receive new perspectives, enthusiasm, and creative approaches to solve key issues or problems. As the state continues to grow older, communities may wish to replicate some of the innovative planning and policy initiatives that Dover and Manchester have implemented to retain and attract younger individuals.

Kyle Pimental is Principal Regional Planner with the Strafford Regional Planning Commission. He can be reach via email at kpimental@strafford.org or by phone at 603.994.3500.

Cameron Prolman is Regional Planner with the Southern New Hampshire Planning Commission and can be reached via email at cprolman@snhpc.org or by phone at 603.669.4664.

Third places is a term coined by sociologist Ray Oldenburg and refers to places where people spend time between home (‘first’ place) and work (‘second’ place). They are locations where we exchange ideas, have a good time, and build relationships.

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33

Legal

Q and A The Rockets’ Red Glare

By Natch Greyes, Muncipal Services Counsel

J

uly 4th will see the brilliant blaze of fireworks light up municipal skies across New Hampshire. Crowds will gather to watch starry sparkles punctuate the night sky in remembrance of the Declaration that created our nation and set into motion the events that resulted in New Hampshire becoming the state that made us a nation.

While fireworks will play an important part of the big celebrations throughout our state, it’s important to remember that municipal officials have a responsibility to ensure that they are being used in a safe and responsible manner. So, let’s talk about municipal regulation of fireworks.

Q. Fireworks can be extremely dangerous and cause thousands of injuries every year; can our municipality simply prohibit them?

A. Yes. Municipalities have the option to prohibit the issuance of permits or licenses for the sale and/or display of fireworks as defined in RSA 160-B:1. RSA 160-B:10.

Municipalities may also prohibit the sale, display, or possession of “permissible fireworks” as defined by RSA 160C:2 within their borders. RSA 160-C:6. In both cases, the decision to enact a prohibition may be made by either the legislative body or the governing body. Note also that, if the municipality has voted to prohibit the issuance of permits or licenses for the sale and/or display of fireworks under RSA 160-B prior to March 1, 1992, or to prohibit the display of “permissible fireworks” under RSA 160-C before January 21, 2000, the law specifically states that the prohibition remains in effect unless or until action is taken to lift the prohibition.

Q. It seems like there are different definitions for “fireworks” under RSA 160-B and “permissible fireworks” under RSA 160-C. What’s the difference?

A. “Fireworks” as defined by RSA 160-B is a broad category 34

NEW HAMPSHIRE TOWN AND CITY

comprising every item listed under the definition of “firework” under 27 C.F.R. § 555.11. That definition is: “Any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “consumer fireworks” or “display fireworks” as defined by this section.” “Consumer” and “display” fireworks are divided by the amount of explosive materials with “consumer fireworks” containing less, often significantly less, explosive material than “display fireworks.”

“Permissible fireworks” defined by RSA 160-C:1, V includes “consumer fireworks” as defined by 27 C.F.R. § 555.11, “except for those items that are prohibited pursuant to RSA 160-B:16.” Those prohibited items include only “class “C” sparklers or those sparklers consisting of a wire or stick which contain chlorates or perchlorates is prohibited.”

Q. What is the definition of “display fireworks”?

A. 27 C.F.R. § 555.11, which is incorporated by reference in RSA 160-B and C, defines “display fireworks” as: “[l]arge fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks.” Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of Transportation at 49 CFR 172.101. This term also includes fused setpieces containing components which together exceed 50 mg of salute powder.”

Due to the size, and potential for injury, this “Display Fireworks” require state and local licensing for sale, possession or display (defined as use, activation, ignition, firing of a firework, RSA 160-B:1, V). www.nhmunicipal.org

Q. What is the definition of “consumer fireworks”?

A. 27 C.F.R. § 555.11, which is incorporated by reference in RSA 160-B and C, defines “consumer fireworks” as any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in title 16, Code of Federal Regulations, parts 1500 and 1507.

Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials. Consumer fireworks are classified as fireworks UN0336, and UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused setpieces containing components which together exceed 50 mg of salute powder.

Q. If a municipality has no regulations regarding fireworks, does that mean anyone in that municipality can use any type of fireworks?

A. No. RSA 160-C:11 states that “a person who is 21 years of age or older may possess permissible fireworks except in a municipality which has voted to prohibit possession pursuant to RSA 160-C:6.” In other words, only those 21 years of age or older may possess fireworks and those fireworks can only be “permissible fireworks.”

“Permissible Fireworks” may be displayed on private property with the written consent of the owner of the property or in the owner’s presence.

Display or possession of these “permissible fireworks” does not require state or local licenses but may not be displayed or possessed in municipalities which have prohibited the possession or display of fireworks. Any person who violates this provision shall be guilty of a violation if a natural person,

or guilty of a class B misdemeanor if any other person. RSA 160-C:11. A violation is a non-criminal offense punishable by up to a $1,000 fine plus penalty assessment while a class B misdemeanor is a criminal offense punishable by up to a $1,200 fine plus penalty assessment.

Q. If an organization wants to put on a fireworks display in our town, and we don’t have an ordinance prohibiting it, is there any way to regulate it?

A. Yes. No person can display fireworks other than “permissible fireworks” without first obtaining a municipal permit pursuant to RSA 160-B:3, I(b).

“The chief of police, licensing board, or governing body of the municipality, after an inspection has been conducted by the fire chief, may issue a permit to display fireworks. The permit shall specify the date on which the display is to be conducted and any other condi-

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LEGAL Q&A from page 37 tions that may be imposed.” RSA 160B:7, III. The fire chief must be satisfied that the display will not be hazardous to property or endanger any person.

RSA 160-B:7, IV. The application for a display permit must be submitted at least 15 days in advance of the date of the display and the municipality may charge a reasonable fee for a permit to display fireworks. RSA 160-B:7, V. In addition to the municipal permit, a person must also obtain a certificate of competence issued by the division of state police pursuant to RSA 158:9-f.

Q. What happens if a display permit is issued, but conditions change such that the fire chief feels that a fire hazard exists? Do we have to allow the display to go on as scheduled?

A. No. If the fire chief decides that conditions have changed such that a fire hazard now exists, he or she can revoke the permit pursuant to RSA 160-B:7.

Q. Why have an ordinance prohibiting fireworks? Can’t we just deny all permits submitted to us in order to regulate displays of fireworks?

A. The only way to prohibit all fireworks – not just “display fireworks” – is to have an ordinance. Without an ordinance, anyone over 21 can stage a fireworks display on private property with the permission of the landowner using only “permissible fireworks” and there’s really very little the municipality can do about it.

In addition, attempting to regulate larger displays of fireworks by deny-

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ing every application for a permit is likely impermissible under state law.

If neither the legislative body nor the governing body has voted to prohibit fireworks, then it is reasonable to conclude that the law requires that the municipality must accept the application and review the application based on the standards set out in the statute alone. Fair application of those standards and only those standards are what should control the issuance of permits in the absence of an ordinance.

Q. A business selling fireworks wants to locate in our town.

What should we ask for?

A. In order to sell fireworks, a person must apply to the municipality for a permit (but may only apply for a permit in a municipality which has not prohibited their sale). RSA 160-B:6, RSA 160-C:3. The licensing board of the municipality or, if none exists, the governing body may issue a permit to sell display and consumer fireworks “provided the person who applies has a valid permit for the sale of fireworks issued pursuant to Title 18 of the United States Code.” No permit shall be issued by the governing body without prior approval of the chief of police and fire chief, if any, of the municipality. Further, a license to sell fireworks must also be obtained from the state and any local zoning regulations governing this type of business must also be observed.

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

Barbara Raths, CTP Sr. Government Banking Officer, SVP 1750 Elm Street, Manchester 603-621-5801 | barbara.raths@peoples.com ©2018 People’s United Bank, N.A. | Member FDIC |

36

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Court

Update

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

Now available online: May Retention of Excess Tax Deed Proceeds Unconstitutional Polonsky v. Town of Bedford, Hillsborough Superior Court, Docket No. 216-2015-CV-388, 5/14/2019

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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SAVE these DATES! WEDNESDAY, NOVEMBER 13, 2019 THURSDAY, NOVEMBER 14, 2019

Manchester Downtown Hotel

Manchester

78TH Annual Conference and Exposition The New Hampshire Municipal Association Annual Conference is an opportunity for elected and appointed municipal officials and staff to enhance leadership skills, learn from municipal experts, share ideas with peers, discuss strategies, and hear and learn about the latest in products and services designed for municipal governments.

REGISTRATION TO OPEN IN OCTOBER

Don’t miss this opportunity to learn, network and share!

QUESTIONS? Call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org.

38

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

?

— This Moment in NHMA History — 47 years ago….

Fire Chiefs Association of New Hampshire become affiliate members of NHMA.

In 1972, the state-owned sewer system serving municipalities around Lake Winnipesaukee became operational. A total of nearly $70 million has been spent to construct these facilities and about $2.7 million is spent each year to operate and maintain them. The state-owned sewer system serves the communities of Center Harbor, Moultonborough, Gilford, Meredith, Laconia, Belmont, Northfield, Tilton and Franklin.

?

?

NAME

THAT

TOWN OR

CITY

?

? ?

www.nhmunicipal.org

Name the city or town that houses North Branch, Clinton Village, South Village, Bald Mountain, Gregg Lake and Willard Pond. It was named for a county in Ireland due to early settlers who were Scotch-Irish.

According to the town’s website, around 1600, some English investors had extra money so they bought land in Ireland.

Scottish Presbyterians moved to Ireland and leased the English-owned lands.

Land rents went up so the Scottish people had to move. In 1718, many migrated to Boston, Massachusetts. A large group went up the Merrimack River to Londonderry, which at the time was called Nutfield. Nutfield became heavily populated so people left to settle new areas, including this town. Scotch-Irish, who came mainly for more farmland, populated most of this town and surrounding areas. There are still some Scotch-Irish descendants living here today.

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

ANSWER TO PHOTO IN MAY/JUNE 2019 ISSUE: The photo on page 35 in the last issue of New Hampshire Town and City magazine is of the town offices serving the Town of Sugar Hill.

Thanks to all our members who responded with the correct response, including Maryclare Quigley (Carroll); Philip Fitanides (Hooksett); Marshal Buttrick (Greenville) Scott Wiggin (Bedford); Chief James Burroughs (Newport); William Faria (Brentwood) and Bill Herman (Auburn).

J U LY / A U G U S T 2 0 1 9

39

Right-to-Know Law and Governmental Records Wednesday, July 10, 2019 12:00 pm—1:00 pm

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

Join NHMA's Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will share strategies to assist municipalities in handling governmental record matters arising under the Right-to-Know Law. Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records.

This webinar will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced.

ZBA Basics in New Hampshire

Wednesday, August 14, 2019 12:00 pm—1:00 pm As a new volunteer member of your local Zoning Board of Adjustment (ZBA), you just don’t know where to start to learn about your new responsibilities. That’s why NHMA is hosting a webinar designed specifically for new board members including a basic overview of the organization, powers, duties, and relevant statutory and case law authority to make your public service both more enjoyable and productive.

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.

40

NEW HAMPSHIRE TOWN AND CITY

Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will share their expertise on how to keep your board's affairs in order (including rules of procedure), the do's and don'ts for conducting meetings and hearings, your board’s issuance of decisions, and its rehearing procedures.

This webinar is open to all NHMA members and will benefit not only new ZBA members, but also governing bodies, other land use boards, and administrators who want to better understand the different roles and responsibilities of various municipal officials in these positions.

www.nhmunicipal.org

SAVE THE DATE

—

OCTOBER 5

Join NHMA and the New Hampshire Office of Strategic Initiatives for the

Fall 2019 Land Use Law Conference (formerly known as the Municipal Law Lecture Series)

9:00 am—3:00 pm Saturday, October 5, 2019 Holiday Inn, 172 North Main Street, Concord Cost: $100.00 Full day workshop for municipal land use officials including members of planning and zoning boards, planners, land use administrators, select boards, town and city councilors, building inspectors, code enforcement officers and public works personnel. Presentations will focus on the legal authority and procedures these land use boards must understand with content structured to be beneficial to both novice and experienced municipal officials.

Registration to open later this summer!

www.nhmunicipal.org

J U LY / A U G U S T 2 0 1 9

41

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