New Hampshire Town and City Magazine, January-February 2020

January/February 2020

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Diary of a First Time Moderator........................................................... 8 A Closer Look at the New Laws Governing Town Meeting & Election Postponement........................................................................14 Traits of a Good Moderator.................................................................18 NHMA Gears Up for 2021-2022 Legislative Policy Process – It’s Never Too Early to Submit Policy Suggestions...........................26

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Contents Table of

Volume LXIII • Number 1

January/February 2020

3 A Message from NHMA’s Executive Director 5 Happenings 7 Upcoming Events Thank You Exhibitors 24 29 Court Update 31 Up Close and Personal on the Board: Connor MacIver 32 Up Close and Personal in the Field: Dr. Tracey Hutton 34 Legal Q&A: It’s That Time of Year: Election Time 38 HR Report: Department of Labor Announces New Overtime Rules Effective January 1, 2020 39 Affiliate Spotlight: New Hampshire City and Town Clerks’ Association

2019-2020

Legislative

Policy Positions

8

Diary of a First-Time Moderator

14

A Closer Look at the New Laws Governing Town Meeting & Election Postponement

18

Traits of a Good Moderator

26

NHMA Gears Up for 2021-2022 Legislative Policy Process. It's Never Too Early to Submit Policy Suggestions

40 Tech Insights: Six Questions Your Organization Should Be Asking About the Dark Web 42 Name That City or Town 42 This Moment in History Centerspread: NHMA’s 78th Annual Conference and Exhibition Summary

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.

Cover Photo Credit: Cover photo provided by the Town of Unity.

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 2020 New Hampshire Municipal Association

www.nhmunicipal.org

JANUARY/FEBRUARY 2020

1

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

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

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Administrator, Newmarket

Elizabeth Fox Asst. City Manager, HR Director, Keene

Meredith Hatfield Councilor, Concord

Bill Herman Town Administrator, Auburn

Neil Irvine Selectman, New Hampton

Pamela Laflamme Community Development Director, Berlin

Cheryl Linder Chief of Staff, Nashua

Harold Lynde Selectman, Pelham

Conner MacIver Town Administrator, Barrington

Judie Milner City Manager, Franklin

Donna Nashawaty Town Manager, Sunapee

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

THANK YOU TO OUR 2019 TOWN & CITY ADVERTISERS Harvard Pilgrim Healthcare Charter Trust Company HEB Engineers Tighe & Bond, Inc. Vachon Clukay & Company, PC Primex3 PFM Asset Management, LLC Upton & Hatfield, LLP NH Municipal Bond Bank Mitchell Municipal Group, PA BCM Environmental & Land Law TD Bank, N.A. HealthTrust, Inc. DuBois & King, Inc. Municipal Resources, Inc. Avitar Associates DTC Lawyers CMA Engineers Matt Angel & Company, LLC Underwood Engineers, Inc. Melanson Heath Roberts & Greene, PLLC Peoples United Bank Drummond Woodsum Preti Flaherty

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A Message from the

NHMA

Executive Director Margaret M.L.Byrnes NHMA’s 2020 Vision

W

elcome to 2020! Just forty-two more years until we reach the year of the The Jetsons—and with the existence of an iRobot that can vacuum for you, perhaps we’re on our way to realizing that future.

But more realistically, as we settle into 2020, some things have changed, but many have not. Most towns are preparing for their annual March town meetings and elections, which also means that NHMA attorneys are preparing for their annual Moderators Workshops—held on January 11 for SB2 municipalities and February 15 for “traditional” towns. And, since it is that time of year, this issue of Town & City is focused on town meeting best practices and includes an update on new legislation affecting the voting process here in New Hampshire.

The 2020 legislative session promises to be full with proposed changes, with legislation on housing, short term rentals, cybersecurity, broadband, and more on PFAS—just to name a few! NHMA takes its advocacy directives from its members, through its member-adopted Legislative Principles and Policies. Do you want to be involved in that process? This year is a Legislative Policy Process year; go to page 26 in this issue for more information in Newslink, and on our website.

NHMA members have a few other items to look forward to this year: • NHMA’s Wage-Salary Survey will return.

• An educational institute crafted just for elected governing body members will be resurrected.

• “Members Only” access to workshop materials on our website.

• More availability of NHMA publications in electronic format.

SITE DEVELOPMENT

And in our next issue of Town & City, look for NHMA’s 2019 Annual Report, where we will give our members a look at what NHMA—and our members—accomplished in 2019.

NATURAL RESOURCES

From legal advice and legislative updates, to networking with other municipal officials and learning best practices at our workshops, we hope you’ll make NHMA your first stop for assistance and information as you navigate through your municipal duties and responsibilities. Know that NHMA is working for you: with government affairs serving as a voice in the legislature, guided by legislative policies adopted by our members; legal services, assisting you through legal quandaries and providing training and advice; and our Warmest regards, staff, working behind the scenes to field your comments and questions, plan events, and share information with you through Margaret M.L. Byrnes, the Legislative Bulletin, Town & NHMA Executive Director City, and Newslink.

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

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

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

Through the collective power of cities

HAPPENINGS Long-time Board Member, Ed Jansen, Jr., Passes Dr. Edmund F. Jensen, Jr., passed away recently at the age of 86. Ed served on NHMA Board of Director’s for 29 years and served as a Selectman in the Town of Rollinsford for 39 years, retiring from that position in 2015.

NHMA honored Ed in 2014 recognizing his 29 years of service and dedication to the organization during a special luncheon at NHMA’s annual conference in Manchester on November 13, 2014.

Jansen was first appointed to NHMA’s executive committee in 1985 and had served actively and continuously since then on either the Local Government Center’s board of directors or the Property-Liability Trust board of directors, as well as the NHMA board of directors. In addition, Jansen served on the Town of Rollinsford board of selectmen since 1976, and he also served on the planning board and many other boards and committees in town.

Dennis J. Pavlicek, Newbury Town Administrator and then-Chair of the Board of Directors of Property-Liability Trust, joined Jansen at the NHMA luncheon and said these organizations, as well as the Town of Rollinsford, owe Ed Jansen a debt of gratitude for his years of service.

“In my interactions with Ed, he has exemplified what public service is all about, and I consider him as the prototype public servant. His service in the Town of Rollinsford has been exemplary, but when accomplishment came to fruition, he did not take credit, but rather saw himself as a facilitator to help residents accomplish what they wanted to accomplish. Thank you, Ed, for your service to the people of New Hampshire,” Pavlicek said. www.nhmunicipal.org

NHMA Elects 2020 Board of Directors at Annual Business Meeting The annual business meeting of the New Hampshire Municipal Association was held on Thursday, November 14, 2019 at the Doubletree

by Hilton Downtown Manchester Hotel in conjunction with our 78th Annual Conference and Exhibition.

NHMA’s membership elected five new members to its Board of Directors: Conner MacIver, Town Administrator, Barrington; Pamela LaFlamme, Community Development Director, Berlin; Judie Milner, City Manager, Franklin; Cheryl Linder, Chief of Staff, Nashua; and Meredith Hatfield, City Councilor, Concord.

In addition, three incumbent board members were re-elected, including: David Caron, Town Administrator, Derry; Jim Maggiore, Select Board Member, North Hampton; and Stephen Fournier, Town Administrator, Newmarket.

Returning board members include: Laura Buono, Town Administrator, Hillsborough; Butch Burbank, Town Manager, Lincoln; Shelagh Connelly, Conservation Commission, Holderness; Phil D’Avanza, Planning Board, Goffstown; Lisa Drabik, Assistant Town Manager, Londonderry; Jeanie Forrester, Selectman, Meredith; Elizabeth Fox, Assistant City Manager/HR Director, Keene; Bill Herman, Town Administrator, Auburn; Rick Hiland, Selectman, Albany; Neil Irvine, Selectman, New Hampton; Hal Lynde, Selectman, Pelham; Shaun Mulholland, City Manager, Lebanon and NHMA Board Chair; Donna Nashawaty, Town Manager, Sunapee; David Stack, Town Manager, Bow; Eric Stohl, Selectman, Columbia; and David “Swens” Swenson, Selectman, New Durham.

NHMA would like to give special thanks and recognition to our outgoing board members, namely: Chris Dwyer, Councilor, Portsmouth; Katie Gargano, Clerk/Tax Collector, Franklin; Chris Herbert, Alderman, Manchester; Brent Lemire, Selectman, Litchfield; and Scott Myers, City Manager, Laconia.

JANUARY/FEBRUARY 2020

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HAPPENINGS from page 5

Herman Receives National Professional Recognition – First to be Recognized from New Hampshire A Granite State municipal administrator has been recognized by the American Academy of Certified Public Managers® (AACPM) for his career accomplishments, community service and contributions to state and national public manager organizations.

and local government resulted in the design and implementation of the Certified Public Manager® concept. His hard work and dedication in the mid-1970’s in Georgia were responsible for the establishment of the Georgia Certified Public Manager® Program, the American Academy of Certified Public Managers®, and the movement of the Certified Public Manager® concept to other states.

NHMA Hosts New England Municipal Leagues for Advocacy Conference in Portsmouth

William G. Herman, Town Administrator for Auburn, New Hampshire, was presented the Henning Award at the AACPM’s Annual Professional Development Conference. Herman is the 27th recipient of the annual recognition and the first to be recognized from New Hampshire.

Bill Herman, left, receiving the prestigious Henning Award from a representative of the American Academy of Certified Public Managers.

During a near 28-year career in municipal government, Herman has served as Town Administrator in the Towns of Milton, New Durham and Auburn. Prior to his municipal career, he worked for the State of New Hampshire as Press Secretary to the 75th Governor of New Hampshire, and as Programs Information Officer for the NH Division of Human Services and then the NH Division of Economic Development.

Herman serves as the Vice Chair of the Board of Trustees of the NH Public Risk Management Exchange (Primex), is a director of the New Hampshire Municipal Association and serves as Treasurer of the New Durham Food Pantry.

The Henning Award is named after Dr. Kenneth K. Henning of Athens, Georgia, whose vision of a quality management development program tailored to the needs of state

In October, NHMA’s Government Affairs staff hosted fifteen representatives (pictured above) from other Northeast municipal leagues for the group’s annual Advocacy Conference. In addition to the government and legislative staffs from surrounding states, Carolyn Berndt, Director for Sustainability with the National League of Cities, provided the group an overview of federal legislation from 2019 and a preview of 2020.

Discussion topics included PFAS management, solid waste and recycling, state aid support, cyber security, sports betting, short-term rentals, member engagement and challenges to limits on municipal liability, and much more.

NHMA would like to thank the City of Portsmouth which opened its City Hall chambers to this group for the two-day conference.

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TownandCity New Hampshire

Diary of a First Time Moderator .......................................................... 8 A Closer Look at the New Laws Governing Town Meeting & Election Postponement .......................................................................14 Traits of a Good Moderator ................................................................18 NHMA Gears Up for 2021-2022 Legislative Policy Process – It’s Never Too Early to Submit Policy Suggestions ..........................26

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JANUARY New Year’s Day (NHMA Offices Closed) Wednesday, January 1 Webinar: 2020 Legislative Preview Monday, January 6 12:00 p.m. – 1:00 p.m.

2020 Moderators Workshop for SB 2 Meeting NHMA Offices, Concord Saturday, January 11 9:00 am to 1:00 pm Snow Date: Saturday, January 18 Martin Luther King, Jr. Civil Rights Day (NHMA Offices Closed) Monday, January 20 Right-to-Know Workshop for Law Enforcement NHMA Offices, Concord Tuesday, January 21 9:00 am – 12:00 pm Webinar: Is Recycling Still Worthwhile in New Hampshire?

Wednesday, January 29 12:00 pm – 1:00 pm

FEBRUARY 2020 Moderators Workshop for Traditional Meeting NHMA Offices, Concord Saturday, February 15 9:00 am to 1:00 pm Snow Date: Saturday, February 22 President’s Day (NHMA Offices Closed) Monday, February 17

www.nhmunicipal.org

JANUARY/FEBRUARY 2020

7

Diary of a First-Time Moderator

by Cordell Johnston, Government Affairs Counsel

T

wo years ago my town’s long-time moderator, Wayne Colby, told me he was thinking of retiring from the position and asked whether I would be interested in succeeding him. This was an easy question. I love town government. In addition to my full-time job at NHMA, I had previously served three terms on Henniker’s planning board and one term as a selectman and had been involved in various other unofficial capacities.

Understanding the law doesn’t necessarily prevent one from doing foolish things. Doing them in front of 200 people is to be avoided if possible.

I especially love town meeting. I am pretty sure that I haven’t missed a Henniker town meeting in 25 years; and, although I don’t make a habit of it, I sometimes go to other towns’ annual meetings just to see what is going on. At our own meeting a few years ago, someone turned to my significant other (also a municipal attorney) and me and said, “This is kind of like the Super Bowl for you, isn’t it?” Yes, it is.

Will there be food—and, more important, coffee?

So that was that. I ran unopposed—contested races for town moderator are rare in New Hampshire, although I’m sure they do happen—and was sworn in at the end of the 2018 town meeting.

My first job was not the town meeting, but the 2018 state primary and general elections. I knew significantly less about election law and procedures than about town meeting, so these events brought some trepidation. Fortunately, our town clerk of almost 30 years more than made up for my inexperience; and Wayne, my predecessor, answered my many questions in advance and helped by serving as assistant moderator for both elections.

Running town meeting, though, is less of a team effort— there is only one person at the podium with a gavel. While the selectmen and others present the warrant articles, only the moderator is in charge of keeping the order.

On paper, I was well prepared. With my background as a municipal lawyer, my attendance at all those meetings over the years, and the training I received at NHMA workshops, I probably knew the laws and the rules as well as any rookie.

But town meeting isn’t all about laws and rules. There is also a certain etiquette involved, and frankly, I was nervous.

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NEW HAMPSHIRE TOWN AND CITY

Some of my questions didn’t have answers, at least not satisfactory ones, in any statute or handbook. I have to believe that other new moderators have similar questions. Questions such as . . .

The business session of Henniker’s annual meeting traditionally begins at 1:00 on Saturday afternoon. I would prefer a Saturday morning start, but that is not the moderator’s decision.

Even our most efficient meetings last about three hours— long enough that some people might get ugly if they can’t at least get a snack. I did not want to deal with a room full of ugly people. Further, if I don’t have a mid-afternoon cup of coffee, I will fall asleep, no matter what I’m doing; nothing good could come of that.

If I did nothing else, I would make sure we had food and coffee.

For years members of the seventh grade class had sold snacks and beverages during the meeting to raise funds for their trip to Washington, D.C., but they had been absent at the prior year’s meeting. With a few e-mails, I found the right contact person and secured a commitment to resume the tradition, emphasizing the importance of coffee. In gratitude, I made a point of noting at least ten times during the meeting that snacks and drinks were available down the hall, and that generous contributions were appreciated.

Should the moderator vote?

One of my few hesitations about accepting this job had been the need to give up my right to participate in town meeting debates. Officially, there is no law that prohibits the moderator from debating and voting, but we all know it’s bad form. (Don’t we?) Above all else, the moderator should be www.nhmunicipal.org

perceived as fair. Remaining neutral on all issues gives that perception more credibility.

Some people believe there are appropriate exceptions. This has been a topic of vigorous discussion among moderators, some of whom apply a rule that they won’t vote in the ordinary course, but they may vote to break a tie.

I wanted to preserve the perception of neutrality, and it seemed to me that casting a tie-breaking vote on what is, by definition, a divisive issue was a sure way to destroy that perception.

In the extremely unlikely event that I cared so passionately about an issue that I felt I absolutely must chime in, I would first yield the gavel to the assistant moderator and then go to the floor, not resuming my position until the final vote on the article. I doubt that I will ever encounter such an issue, so the bottom line is that this moderator will not vote, period.

That tradition is followed in some deliberative bodies, including the New Hampshire House of Representatives.

The Speaker ordinarily does not vote, but he may vote to break a tie; or if a motion prevails by one vote, he may cast his vote to create a tie, thus causing the motion to fail.

What if there is trouble?

That may be fine for the Speaker of the House—who, after all, is the unofficial leader of a political caucus. As such, while he is expected to run a fair process, no one really expects him to

To my recollection, no one has been thrown out of our town meeting in the last quarter-century, and things have approached the boiling point only a few times. I attribute this in part to the

 Telecommunica�ons  Tax Assessment  Eminent Domain

general reasonableness of Hennikerians, and in part to Wayne’s calm but authoritative presence. I had no specific reason to anticipate a fracas; still, I could think of a few people who might enjoy testing the new moderator.

be neutral.

With a call to the police chief, I confirmed that there would be an officer on duty. I also included a reference in my rules of order (to be distributed at the meeting) to RSA 40:8: The moderator “may command any constable or police officer, or any legal voter of the town, to remove [a] disorderly person from the meeting and detain such person until the business is finished.” Just in case.

What if I need a break?

Again, our shortest meetings over the years have been about three hours, and some have been twice that. I cannot stand in one place for that long. First,

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JANUARY/FEBRUARY 2020

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MODERATOR from page 9 my back would protest loudly. Second . . . well, let’s just say I need an occasional break that has nothing to do with back pain.

I addressed the first issue by planning to bring a foam mat to stand on, as well as a stool for when standing at the podium was unnecessary. As for the second issue, I consulted with Wayne.

He chuckled and said it had never been a problem. He would duck out for a few minutes while people were lining up for a ballot vote or while someone was making a lengthy presentation.

Fortunately, the arrangement of the meeting space helps: we meet in the Henniker Community School’s cafeteria, and the moderator’s podium is at the front corner, next to a door that is just across the hall from the boys’ room. I could get out and back in a minute.

That still left me a little nervous. Nothing on the warrant required a ballot vote, and the only lengthy presentation I anticipated was the selectmen’s budget discussion at the very beginning. I decided that if other strategies failed, I would simply declare a twominute recess, making vague reference to the need for a break. Given the demographics of New Hampshire town meetings, a majority of the voters would sympathize (and probably follow me out the door).

What to wear?

No one dresses up for town meeting, but I was taught years ago that if you’re speaking in public, you should dress one notch above the anticipated audience. This situation was analogous. Still, that left a lot of territory, and over-dressing would be a big mistake. The moderator should look credible but not uppity. Jacket? Tie? Both?

Neither?

10

For all of Wayne’s valuable guidance, he is not someone I would consult for sartorial advice. It seemed the best bet was to approximate the dressiness level of the selectmen. Now, of course, despite all those years of attending meetings, I couldn’t remember what the selectmen wore to town meeting.

Well, at the very least I would want a pair of decent pants and a buttondown shirt. I decided to bring a jacket and tie with me and improvise as appropriate.

The day arrives.

I arrived at the school almost an hour before the meeting, carrying my various handbooks, statutes, pens and paper, foam mat, stool, jacket, and tie.

As others started to arrive, I noticed that all of the male selectmen were wearing jackets and ties, so I donned mine as well.

When the supervisors of the checklist were set up, I checked in and got my voting card. As I’ve stated, I did not intend to vote, but I would use it as a visual aid to remind people that they needed to raise their cards to vote, and to emphasize the importance of not losing the cards.

I went to my station and began setting up. I had brought a bottle of seltzer water, which I opened and immediate-

NEW HAMPSHIRE TOWN AND CITY

ly spilled on my copy of the warrant. I also immediately lost my voting card.

Nervous? Me? By the time I cleaned up the mess and found my voting card, the room was starting to fill up. With my affairs finally under control, I chatted with a few people, then decided to visit the boys’ room. It was about ten minutes before 1:00.

There are some moments in life that one never forgets. This was one of them. The boys’ room was locked, with a large “Out of Service” sign on the door. I let out an expletive that probably is not condoned in that building.

There was no emergency—yet—but this required a fix. Moving as quickly but nonchalantly as possible, I roamed the halls looking for the nearest alternative. I had no idea the halls could be so long. By the time I found another boys’ room, I’m pretty sure I had crossed a town line. So much for the two-minute recess.

I made it back, barely, by 1:00. As the meeting began, I reminded people that this was my first time at the podium and suggested that they try to take it easy on me. After the usual preliminaries, we got under way.

I’m pleased to report that the meetwww.nhmunicipal.org

New Laws Affecting Town Meeting In addition to the new law on town meeting postponement (see separate article), there are a couple other new laws in effect for this year’s town meeting cycle.

Changed Process for Adopting SB 2 One of the new laws received much less attention than the postponement law, but it will likely have a greater impact. HB 415 amended RSA 40:14, the statute that prescribes the method for adopting the official ballot referendum (SB 2) form of town meeting.

Since its enactment in 1995, the process for adopting SB 2 has required placing the following question on the official ballot: “Shall we adopt the provisions of RSA 40:13 (SB 2) to allow official ballot voting on all issues before the town on the second Tuesday of [March/April/May]?”

Under the amended law, the question remains the same, but it is not placed on the official ballot. Instead, it is voted on at the business session of the annual meeting. The new law states that “voting on the question shall be by ballot, but the question shall not be placed on the official ballot used to elect officers.” Voting must remain open for at least one hour—the same as for a bond vote.

This is of interest to those towns that have not already adopted SB 2—approximately two-thirds of the towns in the state. Some towns have gotten used to seeing SB 2 petitions and placing them on the official ballot every year; selectmen will need to remember that the question now goes on the warrant for action at the business session, and not on the official ballot.

The process for rescinding SB 2 has not changed—that question still must go on the official ballot. This, of course, is because once a town has adopted SB 2, the only way it can vote on any question is by official ballot.

Ballot Counts if Voter’s Intent Can Be Determined HB 146 added a new section, RSA 40:4-g, which states, “In any vote conducted pursuant to this chapter, every ballot shall be counted if the intent of the voter can be determined, regardless of whether the voter followed any instructions relative to marking the ballot provided before the vote.” The reference to “this chapter” means RSA 40, which governs town meeting procedures.

It addresses a situation such as a secret ballot vote at town meeting in which voters receive ballots with “yes” and “no” printed on them. Perhaps they are instructed to circle their choice, but a voter instead crosses out the “no” instead of circling “yes.” Or perhaps voters are instructed to tear the ballot down the middle and deposit only the “yes” or the “no” half in the box. Some voters instead circle “yes” or “no” and deposit the entire ballot. In both cases the voters did not follow instructions, but their intent is clear. Most moderators would have counted the ballots anyway, but the new law clarifies that they must.

The new law is analogous to RSA 659:64, which instructs election officials to count a ballot if they can agree on what the voter intended; but that statute applies only to the election of officers, not to other ballot votes.

www.nhmunicipal.org

JANUARY/FEBRUARY 2020

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MODERATOR from page 10 ing proceeded about as smoothly as I could have imagined. There was a vigorous debate, which everyone knew was coming, about the purchase of a rubber-tire excavator, but no one got nasty. After I cautioned one speaker that his remarks were straying a bit off the subject, some people complained that I allowed another speaker to do the same. It was a judgment call, and I’m not sure who was right, but the minor uprising abated quickly.

A few rulings might have invited challenges, but they did not: • Can an appropriation article be amended to change the source of funding? (Yes.) • Can the article to appropriate money for a fire department command vehicle be amended to require privatization of the fire de-

partment? (Nice try, but no.)

• Is the petitioned article asking the meeting’s opinion on the allowance of OHRVs on town roads permissible? (Yes, but it has no binding effect.)

Compared to issues such as how to get my coffee and how to sneak out discreetly for a subsequent break, that was easy stuff.

Early in the meeting I was presented with a proper request for a secret ballot vote on the petitioned OHRV article.

A ballot vote—exactly what I needed!

But not quite—being a petitioned article, it was last on the warrant, which would do me little good.

To my delight, that problem was solved when, about two hours into the meeting, there was a motion to take up the OHRV article immediately. I was unsure (and still am) whether such

a motion is debatable, but I ruled that it was not, and no one objected. The motion passed, we got out the paper ballots and the ballot box, and, after ensuring that everything was in order, I headed for the hallway.

The rest of the meeting—which lasted about five hours, if I recall correctly— was uneventful. Afterward I received many compliments, and no complaints, on a meeting well run. Perhaps they were taking it easy on me.

I’m looking forward to the 2020 town meeting; I suspect I’m the only one in town who wishes we had meetings more often than annually. Assuming I continue in this office, no doubt there will be more challenging meetings in the future. Having a handle on the etiquette should help.

Cordell Johnston is the town moderator in Henniker and is NHMA’s Government Affairs Counsel.

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NHMA_7_25x4_75_Town and City.indd 1

NEW HAMPSHIRE TOWN AND CITY

12/10/18 3:43 PM

www.nhmunicipal.org

20202020 Legislative Legislative Preview Preview Monday, Monday, January January 6, 2020 6, 2020 12:00 12:00 pm—1:00 pm—1:00 pm pm

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

As the AsNew the New Hampshire Hampshire General General CourtCourt begins begins to wresto wrestle with tle with hundreds hundreds of bills, of bills, legislators legislators needneed to hear to hear fromfrom local local officials officials aboutabout the concerns the concerns of municipalities. of municipalities.

To help To help you connect you connect betterbetter with with legislators, legislators, this webithis webinar will: nar will: * Include * Include a preview a preview of legislation of legislation that has thatbeen has been filed filed for 2020; for 2020;

* Outline * Outline the messages the messages legislators legislators needneed to hear to hear fromfrom you; you; * Recommend * Recommend grassroots grassroots action action to gettothe getmunicipal the municipal voicevoice heard. heard.

Join Join Executive Executive Director Director Margaret Margaret Byrnes, Byrnes, Government Government Affairs Counsel Cordell Johnston, Government Finance Affairs Counsel Cordell Johnston, Government Finance Advisor Barbara Reid,Reid, and Municipal Services Counsel Advisor Barbara and Municipal Services Counsel Natch Greyes for a for look at what the 2020 legislative ses- sesNatch Greyes a look at what the 2020 legislative sion has store for cities and towns. sionin has in store for cities and towns.

This This webinar is open to NHMA member and is of interwebinar is open to NHMA member and is of interest toest allto municipal all municipal officials officials and employees. and employees.

Is Recycling Is Recycling StillStill Worthwhile Worthwhile in New in New Hampshire?

Hampshire?

Wednesday, Wednesday, January January 29, 2020 29, 2020 12:00 pm—1:00 12:00 pm—1:00 pm pm Are you Are concerned you concerned aboutabout the economics the economics of recycling of recycling in in youryour community?

Are you wondering if you should community?

Are you wondering if you should continue to recycle or change youryour current practices? continue to recycle or change current practices?

China do with all this?

And And whatwhat does does China havehave to dotowith all this?

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

www.nhmunicipal.org

Join Join Reagan Bissonnette, Executive Director of the Reagan Bissonnette, Executive Director of the Northeast Resource Recovery Association—the Northeast Resource Recovery Association—the na- nation’stion’s oldest recycling cooperative—for an informative oldest recycling cooperative—for an informative discussion aboutabout the economics of theofcurrent recycling discussion the economics the current recycling markets. markets.

Reagan Reagan will cover will cover the basics the basics of what of what has haphas happened and what the future portends for recycling, com-compened and what the future portends for recycling, posting, and trash. posting, and trash.

If you inputinput into or manage any part of a municiIf have you have into or manage any part of a municipal budget—including towntown administrators, planners, pal budget—including administrators, planners, selectboard members, and and clerks—this session will will selectboard members, clerks—this session proveprove valuable for you. valuable for you.

JANUARY/FEBRUARY 2020

13

A Closer Look at the New Laws Governing Town Meeting & Election Postponement

By Stephen C. Buckley, Legal Services Counsel

R

ecently enacted Senate Bill 104 clarifies the process for a moderator to postpone either the deliberative/business session or the official ballot voting (election) session of a town meeting. The moderator may postpone either session if the National Weather Service has issued a weather event warning and the moderator believes the event may cause the roads to be hazardous or unsafe, or if an accident, fire, natural disaster, or other emergency renders use of the meeting location unsafe. The moderator must consult, to the extent practical, with certain other town officials before deciding to postpone; and in the case of postponement of an official ballot voting session, the moderator must notify the secretary of state within two hours of the decision to postpone.

If the official ballot voting session is postponed, it must be rescheduled to the Tuesday two weeks following the originally scheduled date. In the case of a school district or village district election that is coordinated with town elections in two or more towns, the moderators of the towns involved must consult with each other, and the election may be postponed only if a majority of the moderators vote to postpone. The new law defines the terms “business session,” “deliberative session,” and “official ballot voting day,” and contains special provisions for the use of absentee ballots at postponed elections. Statutes amended or added: RSA 40:4, 40: 13, 44:11, 652:16-e through :16-g, 657:1, 669:1 and :1-a, 670:1-a, 671:22-a.

City Election Postponement Provisions.

Amended RSA 44:11 provides that “In the event of a weather or other emergency as described in RSA 669:1, the election may be postponed and rescheduled in the manner provided in that section, except that all references to the moderator shall be deemed to refer to the city clerk.”

The following is a synopsis of the statutory changes and clarifications on town meeting and election postponement.

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First, Determine What Kind of Meeting/Election is Involved.

The law now supplies new definitions for business session, deliberative session and official ballot voting day, and each type of meeting has varying procedures for how a moderator decides whether to postpone and then reschedules the postponed meeting or election: 1. Business Session (RSA 652:16-e): The meeting of voters in a traditional town meeting (where the town has not adopted SB 2) where voters discuss, deliberate, and vote on matters other than the election of officers by official ballot and other questions placed on the official ballot.

2.

Deliberative Session (RSA 652:16-f ): The first session of a town meeting that has adopted the provisions of SB 2, the Official Ballot Referendum form of meeting, where the voters discuss, debate and amend warrant articles, leaving all final decisions to the official ballot voting day, see below.

3.

Official Ballot Voting Day (RSA 652:16-g): The day when voters in a town vote using the official ballot to elect officers, or to vote on other matters placed on the official ballot, subject to the requirements pertaining to absentee voting, the polling place and polling hours.

SB 104 Employs a Term from the National Weather Service for a Weather Event Warning, What Does That Mean?

According to a glossary published on the National Weather Service website (https://w1.weather.gov/glossary/index. php?letter=w), a Weather Event Warning is defined as “A warning is issued when a hazardous weather or hydrologic event is occurring, is imminent, or has a very high probwww.nhmunicipal.org

ability of occurring. A warning is used for conditions posing a threat to life or property.�

How Does a Moderator Postpone a Business Session?

A business session may be postponed for two (2) reasons, one dealing with an event that may occur in the future (i.e., a Weather Event Warning) and the other dealing with already occurring, dangerous circumstances arising out of an accident, natural disaster, or other emergency: First, if the National Weather Service issues a weather event warning, where the town is within the geographic region of the weather event warning for the date of the business session, and, the moderator reasonably believes the weather event may cause the roads to be hazardous or unsafe, the moderator may postpone the business session up to two (2) hours but not more than 48 hours prior to the scheduled business session.

Second, if an accident, natural disaster, or other emergency has occurred which the moderator reasonably believes may render use of the meeting location unsafe the moderator may, at any time prior to the scheduled business meeting reschedule the business meeting.

What Steps Must a Moderator Take to Postpone a Business Session for Either a Weather Event Warning, or, an Unsafe Meeting Place?

First, consult with appropriate local officials: Prior to making the decision to postpone, and to the extent it is practical, the moderator shall consult with the governing body, the clerk, and as appropriate for the circumstances the police chief, the fire chief, the road agent, and the local emergency management director. www.nhmunicipal.org

Second, provide notice to residents: The moderator shall employ whatever means are available to inform citizens of the postponement, and, reschedule the business session to another reasonable date, time and place (as necessary).

How Does A Moderator Postpone a Deliberative Session?

The same reasons and procedures for postponement of a business session apply for the postponement and rescheduling of a SB 2 deliberative session, except that the date for the rescheduled deliberative session shall not delay that session by more than seventy-two (72) hours.

Weather Event Warning, or dangerous circumstances arising out of an accident, fire, natural disaster, or other emergency: First, if the National Weather Service issues a weather event warning, where the town is within the geographic region of the weather event warning for the date of the official ballot voting day, and, the moderator reasonably believes the weather event may cause the roads to be hazardous or unsafe, the moderator may postpone the official ballot voting day.

Are Statutory Town Meeting Deadlines Affected by a Postponement?

Second, if an accident, fire, natural disaster, or other emergency has occurred which the moderator reasonably believes may render use of the election location unsafe, the moderator may postpone the official ballot voting day.

The date of the originally scheduled meeting continues to be deemed to be the business session or deliberative session for the purposes of satisfying statutory meeting date requirements.

What Steps Must a Moderator Take to Postpone an Official Ballot Voting Day for Either a Weather Event Warning, or, an Unsafe Meeting Place?

How Does a Moderator Postpone an Official Ballot Voting Day?

First, consult with appropriate local officials: Prior to making the decision to postpone, and to the extent it is practical, the moderator shall consult with the governing body, the clerk, and as appropriate for the circum-

An Official Ballot Voting Day may be postponed for two (2) reasons; for a

JANUARY/FEBRUARY 2020

15

NEW LAWS from page 13 stances the police chief, the fire chief, the road agent, and the local emergency management director.

day immediately prior to the election.

What Date Is the Official Ballot Voting Day Rescheduled to?

ing body shall employ all reasonable means to provide voters with notice of the postponement, the date on which the postponed election shall be conducted, and information on obtaining absentee ballots for those voters who qualify to vote by absentee ballot at the postponed election. To the extent practical given the circumstances of the postponement, notice shall be posted at the location of the scheduled election, at the municipal offices, and on the website of each town, school district, and village district whose election is postponed.

Second, document the decision to postpone and notify the Secretary of State: The moderator must document the decision to postpone the Official Ballot Voting Day, and, then must notify the Secretary of State by telephone or electronic mail within two (2) hours of the decision to postpone.

It is recommended that the moderator also transmit a statement documenting the decision to postpone to the secretary of state via electronic mail, and then reprint the statement in the annual town report.

Any postponed election must be rescheduled to the Tuesday two (2) weeks following the original date of the election. In addition, all other applicable statutory provisions associated with elections under RSA Chapter 669 are extended for the same 2 weeks.

The moderator must make the decision to postpone an official ballot voting day before 6:00 p.m. on the

Notice to Voters.

• All ballots prepared for the original date of the election shall be used for the postponed election.

The moderator and the govern-

• A notice explaining the deadline

16

Supervisors of The Checklist Meetings.

The supervisors of the checklist shall not be required to meet again until the postponed town election day.

NEW HAMPSHIRE TOWN AND CITY

Procedures for Handling Absentee Ballots.

www.nhmunicipal.org

for returning an absentee ballot shall be issued to voters who request and are sent an absentee ballot during the period between the original date and the postponed date of the election.

• All absentee ballots submitted to be counted on the date of the original election, all absentee ballots submitted for the original date of the election which arrive after that date but before 5:00 p.m. on the date of the postponed election, and all absentee ballots submitted to be counted at the postponed election shall be submitted to the moderator for processing in accordance with RSA 659.

• To the extent practicable, the town clerk may decide to be at the location of the originally scheduled election to receive applications for absentee ballots, to provide voters the opportunity to complete absentee ballots, and to receive returned ballots during what would have been normal polling hours.

The town clerk may designate a deputy clerk or assistant to provide this service, provided the individual has taken an oath of office and has been trained in the requirements for using an absentee ballot and the procedures for issuing and receiving absentee ballots.

• The absentee ballot of a voter who qualified to vote by absentee ballot because he or she expected to be absent or unable to appear at the polls on the original date of the election and who submitted an absentee ballot which otherwise satisfies the requirements for voting by absentee ballot, shall be counted even if the voter is present in the town or able to appear at the polls on the date of the rescheduled election.

• All absentee ballots shall be processed as provided for by RSA 659.

Procedure for Multi-Jurisdiction Official Ballot Day Postponement.

For Town Elections: The moderators of the towns involved, after consultation with respective town officials, shall communicate with each other to reach a consensus on the proposed postponement. If a consensus cannot be reached, the election shall be postponed if a majority of the moderators vote to postpone. In such instances, one of the moderators shall be selected to document the communications and notify the secretary of state. When a ballot to be used at an election which has been postponed contains questions that are to be voted on simultaneously

by more than one town, such as those relating to village, school, or water districts, the postponement of an election shall apply to all towns voting on that issue at the election.

For School District Elections: In the case of a school district that comprises one or more preexisting districts and holds its elections in conjunction with the town elections in the component towns, in the event of a weather or other emergency the town moderators in each town shall attempt to reach consensus on whether to postpone. In the absence of a consensus, the election shall be postponed if a majority of the moderators vote to postpone.

For Village District Elections: In the case of a village district that includes voters from 2 or more towns and holds its elections in conjunction with town elections, in the event of a weather or other emergency as described in RSA 669:1, V, the town moderators in each town shall, as described in RSA 669:1, coordinate to reschedule the town and village district elections as provided in that section.

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

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Traits of a Good Moderator

By Natch Greyes, Municipal Services Counsel

D

espite the deep political involvement of our state in making (and breaking) presidential hopes and operating the world’s third largest legislature, most New Hampshire voters only have a single time of year when they engage at the municipal level – town meeting. It’s often the only time that most citizens of any given town think about the nuts and bolts of how their town works (and how to pay for it).

The key to town meeting, as any long-serving municipal official knows, is the moderator. Without the staid hand of the moderator artfully guiding the citizens of a town through the warrant, town meeting would grind to a halt. Not only would it be encumbered by side discussions and ineffective procedures, but the voters would also not have anyone to rely on for determinations which could impact the legal effects of attempts to appropriate money, adopt or amend ordinances, or make governmental changes.

The moderator is, of course, the person who runs the meeting. He or she is charged with standing before the voters, welcoming them, explaining the meeting protocols, and explaining the issues that are discussed and the procedures used in discussing them if questions arise. Many moderators, particularly experienced moderators, find that it is a valuable use of time to explain whatever needs to be explained to the voters in great detail as, inevitably, some voters are new while others are misinformed. The moderator’s explanations can provide a solid basis for voters to understand the issues and make the determinations which need to be made without getting caught up on ancillary issues.

Effective moderators are prepared moderators. Town meeting never “just happens.” It’s a bit like a big wedding. Town meeting is the result of dozens of people working long hours over the course of months and meeting demanding deadlines in order for the meeting to happen in just the right way. If all goes well, voters will walk away with the impression that town meeting went “as it’s supposed to” and there won’t be any hitches with getting through the ceremony.

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NEW HAMPSHIRE TOWN AND CITY

An effective moderator has a deep understanding of the issues on meeting day. Even though it is not required, many moderators find that paying attention to the warrant and, particularly, the budget and controversial funding issues in the months leading up to the meeting pays dividends at the meeting. That requires a high-level overview of the machinations of municipal government as well as a deep dive into particular areas. The budget committee, board of selectmen, town administrator or manager, and department heads all play a role in creating the budget. It develops over time, during meetings and hearings that are open to everyone. The planning board, zoning board of adjustment, conservation commission, library trustees, recreation commission, and other local boards also spend months preparing proposed warrant articles. Some of these, such as zoning ordinance amendments, are the subject of public hearings while others are merely presented at public meetings to the selectmen for their consideration. While it is unlikely that a moderator will attend every public meeting and every public hearing, an effective moderator pays attention as the issues develop.

Having a handle on the hot-button or complicated issues is critical for avoiding surprises on meeting day.

An effective moderator’s preparation also usually includes one or more meetings between the moderator and the board of selectmen, school board, budget committee, and town administrator or manager. These meetings are an opportunity for the moderator to ask questions, point out potential issues or areas of confusion, and plan the best way to run an efficient and effective meeting. It is also the perfect time for the governing body to realize that it should seek a legal opinion on a tricky article or budget items. (Note, of course, that the New Hampshire Department of Revenue Administration can be of assistance with monetary items through its lengthy publication “Suggested Warrant Articles” as well as its pre-review process through the Portal). The moderator’s preparation during this stage also allows him or her to identify which person or board is the most appropriate to respond to questions or provide additional information to the voters during the meeting. No moderator wants the www.nhmunicipal.org

experience of having hundreds of eyes fixed upon them at town meeting and having no idea which municipal official to turn to for a lengthier explanation.

This is also a good time for moderators to remind municipal officials that, pursuant to RSA 40:4, the voters themselves have the authority to overrule any decision that the moderator makes. The power of the voters to determine the course of the meeting, even against the best advice of the moderator, is something that moderators should inform municipal officials, especially when discussing controversial items.

Note, however, that even though voters can overrule a moderator, a moderator should ensure that voters are informed when an article or budget item is illegal or unenforceable. No matter how much the townspeople may wish to ban nuclear weapons from their towns or require elected officials to work certain hours, neither are enforceable and the townspeople should be informed of as much. It is the moderator’s goal to explain – or find someone to explain – what is illegal or unenforceable about the article or budget item and the potential consequences of ignoring the moderator’s advice. That may require the moderator to defer to town

counsel or, for an issue known well-inadvance, a select board member with a letter from town counsel about the issue. Voters look to the moderator to make sure that they understand each article, even if they do not agree with the explanation. Ultimately, of course, it is the voters at the meeting who will make the decisions and the moderator must let them, but that doesn’t mean that they shouldn’t be forewarned of the consequences of their actions.

In overseeing the meeting, a moderator must exhibit the judicial traits of fairness and impartiality. He or she should be a person with integrity, common sense, and a thick skin. It is not a job for the faint of heart. The moderator will be questioned. Voters will not always be pleased with his or her rulings, and they will often be upset with one another or particular municipal officials or boards. Tempers flare from time to time and it is critical that the moderator remain calm and above the fray. It is the moderator to whom everyone looks for answers and guidance. A moderator who is prepared, knowledgeable, and can respond judiciously, can make the difference between a good meeting and a disaster.

While experience is the best teacher, moderators are not left out in the cold.

www.nhmunicipal.org

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.

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NHMA annually presents a Moderator’s Workshop in advance of town meeting times. For this coming town meeting season, NHMA is holding workshops for SB2 moderators on Jan. 11, 2020 and Traditional Town Meeting moderators on Feb. 15, 2020. NHMA also produces a publication called Town Meeting and School Meeting Handbook, which includes the most up-to-date information on laws governing annual and special meetings. This publication is useful not only for moderators, but also for the many other local officials and boards which play a role in preparing for the annual meeting.

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2020 Training Events Workshops and Webinars for City and Town Officials 2020 Webinar Series Enjoy on-line training from the convenience of your own desk. Held each month, typically from noon to 1:00 pm on a Wednesday, and covers timely municipal topics such as Right-toKnow law, legislative overviews, code enforcement, cybersecurity, invasive species, elections, and more. (No fee)

Moderators Workshop One half-day workshop for SB2 Meetings and another half-day workshop for Traditional Meetings held in January and February each year. Includes the Town Meeting/School Meeting Handbook. (Fee charged)

Local Officials Workshops Held in multiple locations around the state every year during spring months and is designed for the newly-elected and veteran local official. Includes one copy of the current 250+page handbook Knowing the Territory. (No fee)

Budget & Finance Workshops Held in two locations—north and south each year in September. Includes The Basic Law of Budgeting Handbook, and addresses a variety of topics regarding the municipal budget process. (Fee charged)

Municipal Land Use Law Conference (formerly Municipal Law Lecture Series) Full-day event held in collaboration with the New Hampshire Office of Strategic Initiatives (NHOSI) with multiple sessions on land use related topics. (Fee charged)

Annual Conference and Exhibition Held every November providing two (2) full days of educational programming and training opportunities for every local official on a wide variety of topics and access to over 100 exhibitors. Event is the largest municipal gathering in the state every year. (Fee charged)

Regional Right-to-Know Law Workshops Held regularly each year in various locations around the state. Includes publication, A Guide to Open Government in New Hampshire, reflecting the latest developments in the law. (Fee charged)

There’s always more at www.nhmunicipal.org For registration information, visit www.nhmunicipal.org under Calendar of Events.

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

JANUARY/FEBRUARY 2020

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NHMA’s 78th Annual Conference and Exh

NHMA’s 78th Annual Confe

Wednesday, November 13 and Thursday, November 14, The DoubleTree by Hilton Downtown Manchester Hotel (formerly Radi

Wednesday, November 13 and Thu Working Better Together The DoubleTree by Hilton Downtown Mancheste

2019 Program Sessions

November 13-14, 2019

2019 Conference Schedule

Working Better Toge

A Little Help from My Friends Wednesday, November 13 Thursday, Novemb Is Facebook Killing Your Municipality?

Doubletree by Hilton Downtown Manchester Hotel The Road Ahead – Attracting Public Works Talent How We Fund Public Services in New Hampshire 7:30am Registration Opens 7:30 am Registration & Ex Negotiation Strategies forHMA’s Next Generation Health Plans 78th Annual Conference and Exhibition, held on November 13 Outside of Exhibit Hall The Future with Medical Advocacy 8-9 am Opening Breakfas and 14 at the– Grand HiltonRounds Downtown Manchester Hotel, was centered on the Economic Development Tools 101 7:30-8:45am Opening Breakfast Buffet Exhibit Hall theme of Working Better Together. This two-day event attracted more ponsor Driving Downtown-Revitalization Through Creative Placemaking Armory than 540 municipal officials, affiliate stateMy andFriends federal agency representaA Littlegroups, Help from Helping Those Who Help Others 9-10:15 am Concurrent Sessio tives, non-profit organizations and others.

Our Exhibit Hall included 109 sponIs Facebook Killing Your Municipality?

Marijuana Legalization and Commercialization in New Hampshire 9-10am Keynote Speaker sorsitsand exhibitors exciting and Public servicesWorks gearedTalent specifically for The Road Aheadprograms – Attracting Enfield NH – Shaping Future Throughoffering Strategic Governance Pemigewasset Room 10:15-10:45 am Morning Break cities andHow hopefully you Public were able to connect with them face-to-face The State of Local Landand Usetowns Regulations in New WeHampshire Fund Services in New Hampshire Exhibit Hall 7:30am Registration O Local Road Management: What’s in Your and Toolbox? this year. These sponsors exhibitorsfor make conferenceHealth possible and we Exhibit Hall Opens Negotiation Strategies Nextour Generation Plans 10am Outside of Exh nsor Architectural Styles – History and Identification 2019 SPONSORS AND LOGOS thank them for their continuing support. addition, –there were over 50 pro10:45-12 pm Concurrent Sessio The Future with MedicalInAdvocacy Grand Rounds Running an Effective Meeting gram sessions including the Economic perennial favorites such asTools the Right-to-Know Law, Morning Break Development 101 10-10:45am 7:30-8:45am Opening Break The Right-to-Know Law – Hot Topics and Q & A, part 1 Expo Hall 12-1:15 pm Municipal Advoca Legislative and CourtDowntown-Revitalization Updates.

Diamond Level Sponsor Driving Through Creative Placemaking Armory Recycling in New Hampshire: Is it Still Worthwhile?

Award Luncheon Helping Those Who Help Others Adventures in the Land of Public Meetings: A Mock Municipal Meeting 10:45-12pm Concurrent Sessions Armory year’s conference will again be held at the Doubletree byinHilton Downtown Marijuana Legalization and Commercialization New Hampshire BridgeNext Preservation at the Local Level 9-10am Keynote Speak Manchester Hotel on Wednesday, NoState and Regional Planning Resources – HearNH How We Can Assist You Through Strategic Governance ponsor Enfield – Shaping its Future 12-1:15pm Exhibit Hall Luncheon 1:30-2:30 pm Concurrent Sessio Pemigewasset 2019 SPONSORS AND LOGOSRuby Level Sponsor vember 17 and Thursday, The Changing Landscape of New Hampshire’s Inspections The StateBuilding ofNovember Local Land Use Regulations in New Hampshire Municipal Managers – NHMA Ambassadors!

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18, 2020. Culture We thank youRoad for joining 1:30-2:45pm Concurrent Sessions 2:30-2:45 pm Break NHMA’s annual conference provides an excelManagement: What’s in Your Toolbox?

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Running affiliate groups that gather each year at our 10-10:45am Morning Brea Special Events Risks – Fairs, Festivals, Functions and Paradesan Effective Meeting Expo Hall conference. Pictured here areLevel theSponsor following Platinum The Right-to-Know Law – Hot Topics and Q & A, part 1 Wage and Hour Compliance for Local Governments – Federal and State Expo Hall nsor municipal managers (Bottom row, left to right: Recycling Get Ready for the New Wetlands Rulesin New Hampshire: Is it Still Worthwhile?

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Preservation at the Local Level Dorsett (Littleton) and David Stack (Bow). All Your Employees’ Role in Cybersecurity Protection PlatinumofLevel Sponsor State and Regional Planning Resources – Hear How We Can Assist You but Dorsett are also members NHMA’s Board 12-1:15pm Exhibit Hall Lu Behind the Registration Kiosk The Value of the Cloud Computing: Is It Right for You? of Directors.

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2019 Program Sessions

Wednesday, Novemb

The Changing Landscape of New Hampshire’s Building Inspections NHMA Board (left to right): Neil Irvine 2019members SPONSORS AND LOGOS 2019 SPONSORS AND LOGOS Platinum Level Sponsor (Selectman, New Hampton; Bill Herman (Town Fire Department Culture or Bullying?

1:30-2:45pm Concurrent Se unicipal officials from New Hampshire cities and towns •Administrator, Explore best practices solutions, products and services • Choose from nea Auburn), and Rickand Hilandinnovative (SelectDiamond Level Sponsor Empowering Municipality with Clean Energy man, have little toorganizations see, little to say and expert, leaders and professionals from a range ofyour public andAlbany), private sector providing knowledge on topics that matter most • Explor Diamond Level Sponsor little to hear at our recent annual conference Volunteer Risk Management 2:45-3:15 pm Afternoon Bre in Manchester. Thanks to you, gentlemen, and WEDNESDAY, NOV. 17,Sponsor 2020 Gold Level Special Events Risks – Fairs, Festivals, Functions and Parades Expo Hall Dale Graver listens intently to some public allvisit of our board members, for helping us out at Platinum Level SponsorCalendar of Events.

For VC3’s registration information, www.nhmunicipal.org under nsor THURSDAY, NOV. 18, 2020 sector customers solutions to their local for Local Wageseeking and Hour Compliance Governments – Federal and State conference this year. We sincerely appreciate all Ruby Level Sponsor IT problems. youNew do forWetlands this organization.

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3350, or email NHMAregistrations@nhmunicipal.org.

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For registration information, visit www.nhmunicipal.org und Questions? Call 800.852.3358, ext. 3350, or email NHMAregistr

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Conference and Exhibition Town of Sandwich Selectman, Christopher Boldt, Receives NHMA’s Russ Marcoux 14, Municipal Advocate of the Year Award Thursday, November 2019

and nchester Hotel (formerly Radisson), Manchester ach year, the Russ Marcoux Municipal Advocate of the Year award is given by NHMA

Together 2019 Conference

day, November 13

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staff to a municipal member based on their interactions with officials during the legislative session. NHMA established this award in 2011 to recognize an elected or appointed local official for his or her non-partisan contributions toward the advancement of NHMA’s legislative policy goals and for the advocacy of municipal interests generally.

In 2011, NHMA staff selected Russ Marcoux, Town Manager in Bedford, as the first-ever recipient of the Municipal Advocate of the Year award because Russ did all the things NHMA Schedule Gold Level wants members to do in support of its legislative policy andSponsor to enhance the success of its legislative agenda. Russ passed away just days before the 2011 Annual Conference and he never Thursday, November 14such an award or that he had been selected the first recipient. In knew NHMA had created his honor, the award was renamed the Russ Marcoux Municipal Advocate of the Year award.

Registration Opens 7:30 am Registration & Expo Hall Opens At its annual conference in November, NHMA recognized Christopher Boldt, Selectman in (DTC Attorney and Partner Sharon Outside of Exhibit Hall Cuddy Somers accepts the 2019 the Town of Sandwich, with its 2019 Russ Marcoux Advocate of the Year award.

GoldMunicipal Level Sponsor Russ Marcoux award on behalf 8-9 am Opening Breakfast Chris is Attorney and Partner in the law firm of Donahue, Tucker and Ciandella, PLLC (also of her partner, Christopher Boldt, Opening Breakfast Buffet Exhibit Hall from NHMA’s Government Affairs known as DTC Lawyers), one of the state’s leading law firms representing municipalities on Gold Level Sponsor Armory Counsel, Cordell Johnston) a full spectrum of legal services.

9-10:15 am Concurrent Sessions Keynote SpeakerIn his presentation remarks, NHMA Government Affairs Counsel Cordell Johnston recognized Selectmen Boldt for his Pemigewasset Room 10:15-10:45 am Morning Break multi-year work helping to establish a statutory formula for the valuation of utility property for local property tax purposes.

ExhibitonHall Boldt served as NHMA’s representative a legislative study commission organized to study utility valuation and Goldproperty Level Sponsor Exhibit Hall Opens Level Sponsor recommend legislation to reform the current system of taxing utility property inSilver New Hampshire.

As a result, Chapter 117 pmyear which Concurrent Sessions (HB 700) was 10:45-12 enacted this sets forth a formula to be phased-in over a five-year period beginning the tax year Morning Break April 1, 2020.

Expo Hall 12-1:15 pm Municipal Advocate of the Year Past recipients of this recognition Award are: Luncheon 2011 Russell R. Marcoux, Town Manager, Town of Bedford Concurrent Sessions Armory 2012 James Michaud, Assessor, Town of Hudson Gold Level Sponsor 2013 Don MacIsaac, Town of Jaffrey Silver Level Sponsor Exhibit Hall Luncheon 1:30-2:30Selectman, pm Concurrent Sessions Silver Level Sponsor 2014 Julia N. Griffin, Town Manager, Town of Hanover Gold Level Sponsor 2015 Shaun Mulholland, Town Administrator, Town of Allenstown Concurrent Sessions 2:30-2:45 pm Break 2016 Portsmouth City Council, City of Portsmouth Gold Level Sponsor 2017 Bill Herman, Town Administrator, Town of Auburn Afternoon Break 2:45-3:45 pm Concurrent Sessions 2018 Mark A. Bender, Town Administrator, Town of Gold Milford Level Sponsor Expo Hall Silver Level Sponsor Bronze Level Sponsor Congratulations, Chris, for your recognition and for all your hard work during the most recent legislative session.

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tive solutions, products and services • Choose from nearly 55 program sessions designed to educate Gold Level Sponsor roviding knowledge on topics that matter most • Explore state-of-the-art products and services Silver Level Sponsor Gold Level Sponsor

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al.org under Calendar of Events.

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Thank You Exhibitors!

Accelerated Information Systems Aggregate Advisors All States Materials Group American Fidelity Arcomm Communications Corporation Auctions International Inc. Avitar Associates of N.E. Inc BMSI BS&A Software Carsey School of Public Policy at UNH Cartographic Associates, Inc. CentralSquare Technologies CheckmateHCM Citizens Bank CivicPlus Clark University CMA Engineers, Inc. Community Development Finance Authority Competitive Energy Services Consolidated Communications DIG SAFE Donahue, Tucker & Ciandella, PLLC Drummond Woodsum DuBois & King East Coast Containers Edmunds GovTech Energy Efficient Investments, Inc. Federal Mediation and Conciliation Service (FMCS) FirstLight Franklin Savings Bank Freedom Energy Logistics Fuss & O’Neill, Inc. General Code Good Energy, LP GovDeals GovPayNet Granite State College Granite State Rural Water Association HealthTrust Horsley Witten Group, Inc. Hoyle, Tanner & Associates, Inc. Impact Fire Services LLC indus Interware Development Company IPS Group, Inc. James R St Jean Auctioneers John Turner Consulting, Inc. LandCare & Stratham Hill Stone Lavallee Brensinger Architects Liberty Mutual Insurance Maguire Equipment Inc./Marathon Equipment Mascoma Bank Melanson Heath Milone & MacBroom Mitchell Municipal Group, P.A. Municibid Municipal Resources, Inc. 24

NEW HAMPSHIRE TOWN AND CITY

Municode New England ADA Center and Governor’s Commission on Disability New England Document Systems New Hampshire Correctional Industries New Hampshire Homeland Security and Emergency Management New Hampshire Housing New Hampshire Public Deposit Investment Pool New Hampshire Retirement System New Hampshire Association of Regional Planning Commissions New Hampshire Building Officials Association New Hampshire Department of Environmental Services New Hampshire Government Finance Officers Association New Hampshire Municipal Bond Bank Northeast Resource Recovery Association Octagon Cleaning and Restoration Onsite Drug Testing of New England, LLC Pavers by Ideal Peniel Environmental Pennichuck Water Services Corporation People’s United Bank Pitney Bowes Inc Plodzik & Sanderson, P.A. R. W. Gillespie & Associates, Inc. RealTerm Energy ReVision Energy Roberts and Greene, PLLC ServiceMaster by Gaudet SERVPRO Franchises of New Hampshire Sprint Stantec Stoneham Motor Co. Systems Engineering TD Bank TFMoran, Inc. The Garland Company, Inc. The H.L. Turner Group, Inc. Three Bearings Fiduciary Advisors Tighe & Bond, Inc. U.S. Environmental Protection Agency - Region 1 Ubicquia Underwood Engineers.com UNH Analytics & Data Science UNH Technology Transfer Center (UNH T2 NH LTAP) USDA Rural Development VC3 VHB ViewPoint Cloud Vision Government Solutions Weston & Sampson White + Burke Real Estate Advisors Whitney Consulting Group, LLC Wright-Pierce WSP USA www.nhmunicipal.org

Coverage and Training That Fits Your Needs

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We can assist you with your planning by providing various scenarios based on level debt or level principal payments for different terms. Contact us now for your estimated debt schedules.

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To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs, and current interest rates, please contact Tammy J. St. Gelais, Executive Director, at tstgelais@nhmbb.com. Visit our website at www.nhmbb.org.

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www.nhmunicipal.org

JANUARY/FEBRUARY 2020

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NHMA Gears Up for 2021-2022 Legislative Policy Process It's Never Too Early to Submit Policy Suggestions Our Advocacy Efforts Matter! Your Voice Matters More!

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stablished in 1941 as a voluntary association of New Hampshire’s cities and towns, the New Hampshire Municipal Association has served as the primary legislative advocate for New Hampshire’s municipalities, representing its members at the state legislature and before numerous federal and state administrative agencies.

We are a unique advocacy organization in that we do not support or endorse any candidate or political party. Our ability to maintain significant political relevance is tied directly to our advocacy efforts and the relationships we have cultivated over many years with state and municipal leaders, the New Hampshire Legislature, state agency officials and other stakeholder groups.

2019-2020

• Finance and Revenue – budgeting, revenue, tax exemptions, current use, assessing, tax collection, retirement issues, education funding.

• General Administration and Governance – elections, Right-to-Know Law, labor, town meeting, charters, welfare, public safety, other governance and legal matters.

• Infrastructure, Development, and Land Use – solid/ hazardous waste, transportation, land use, environmental regulation, housing, utilities, code enforcement, economic development.

Legislative

As many municipal officials already know, our legislative work is a full-time, year-round job. It is an ongoing process and staff members have already been working on laying the foundation for the next legislative biennium. The success of NHMA’s legislative efforts, in large part, depends on you.

You work at the level of government that is closest to the citizens and you are uniquely situated to help legislators understand how pending legislation affects your city or town.

When you contact us, please indicate your first and second choices for a committee assignment. We will do our best to accommodate everyone’s first choice, but we do need to achieve approximately equal membership among the committees. We hope to have 15-20 members on each committee.

Policy Positions

Step One: Get Involved – Volunteer for a Policy Committee As a first step, we are recruiting volunteers to serve on our three legislative policy committees. These committees will review legislative policy proposals submitted by local officials and NHMA affiliate groups and make recommendations on those policies, which will go to the NHMA Legislative Policy Conference in September.

Each of the committees deals with a different set of municipal issues. The committees and their subject areas are as follows:

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NEW HAMPSHIRE TOWN AND CITY

There will be an organizational meeting for all committees on April 3. After that, each committee will meet separately as many times as necessary to review the policy proposals assigned to it—typically three to five meetings, all held on either a Monday or Friday, between early April and the end of May.

NHMA Relies on its Members to Help Shape its Legislative Agenda If you are a local official in a NHMA member city or town and are interested in serving on one of the policy committees, please contact the Government Affairs staff at 800-852-3358, or at governmentaffairs@nhmunicipal.org.

www.nhmunicipal.org

New Hampshire Municipal Association Explanation of Proposed Policy Submitted by (Name):

Date:

Title of Person Submitting Policy: City or Town:

Phone:

To see if NHMA will SUPPORT/OPPOSE:

Municipal interest to be accomplished by proposal:

Explanation:

A sheet like this should accompany each proposed legislative policy. It should include a brief (one or two sentence) policy statement, a statement about the municipal interest served by the proposal and an explanation that describes the nature of the problem or concern from a municipal perspective and discusses the proposed action that is being advocated to address the problem. Mail to NHMA, 25 Triangle Park Drive, Concord, NH 03301; or e-mail to governmentaffairs@nhmunicipal.org no later than the close of business on April 17, 2020.

www.nhmunicipal.org

JANUARY/FEBRUARY 2020

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• Contact the Government Affairs Staff (soon!) if you are interested in serving on a legislative policy committee (send us an email at governmentaffairs@nhmunicipal. org); and

POLICY PROCESS from page 26 The committee process will allow for in-depth review and discussion of policy suggestions so all aspects of each proposal, both positive and negative, will be examined. Based on that review, each committee will make recommendations for the adoption of legislative policies.

Once the committees complete their work, their policy recommendations will be sent to every municipal member of NHMA. Each municipality’s governing body will be encouraged to review the recommendations and establish positions on them. Members will also have an opportunity to submit floor policy proposals in advance of the Legislative Policy Conference in September.

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

Step 2: Create Change - Submit a Legislative Policy Proposal Every NHMA legislative policy begins with a proposal submitted by a local official, board, or committee. If there is a law affecting municipal government that you think needs to be fixed, or if you have an idea for how the functions of local government might be improved through legislation, this is your opportunity to make a change.

Accompanying this article is a Legislative Policy Proposal Form (see page 27) that can be used to submit a proposal for consideration. The deadline for submitting proposals is April 17, although earlier submission is encour28

2019-2020

Legislative

Policy Positions aged. Please follow the instructions on the form for submitting your proposal.

• Submit a legislative policy proposal if you have an issue that you would like to be considered as part of this year’s policy process. If you have a policy suggestion, it is not too early to send it in! Policy proposals may be submitted by a board or a local official from a member municipality. Please use the form found in this issue on page 27 and email to us at governmentaffairs@nhmunicipal.org.

We leave you, then, with two assignments, should you choose to accept them:

Policy Review Checklist In order to make sure that each policy has been thoroughly considered and all pros and cons discussed, the following checklist should be applied to each recommendation.

 Where does the policy come from?  What is the need for this legislative change/how widespread is this problem?

 What could we lose and what are the risks of pursuing this proposal? What could we gain?

 Who would likely be opposed to this proposal?

Who would likely support it?

 Does this proposal require financial analysis?  Would the policy cost money for municipalities?

For the state?

 Would the policy be divisive for municipalities?

Would it tend to pit one community against another?

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Court

Update

By Stephen C. Buckley, Legal Services Counsel and Natch Greyes, Municipal Services Counsel

Now available online: September Short Term Rental Use of Property Zoned Residential is Prohibited by a Zoning Ordinance Definition that Such Use is a Prohibited Transient Occupancy Working Stiff Partners v. Portsmouth, New Hampshire Supreme Court Case No. 2018-0491, 9/27/2019

PROBLEM SOLVING It’s our strong point

civil & environmental engineering www.underwoodengineers.com

www.nhmunicipal.org

JANUARY/FEBRUARY 2020

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Congratulations!

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For 35 years, HealthTrust has been providing high quality, cost-effective employee benefit products and services exclusively to New Hampshire’s public sector and their employees.

NHMA would like to congratulate HealthTrust for its 35 years of providing comprehensive coverage, valuable programs, exceptional service, and unique expertise to New Hampshire’s greatest resource – the people who work in and govern our towns, cities, counties, schools and other public entities.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

UP CLOSE AND PERSONAL

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elcome to Up Close and Personal - On the Board is designed to give readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting Conner MacIver, Town Administrator in the Town of Barrington. Conner was elected this November to serve on NHMA’s board of directors.

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

CM: In Barrington, the Town Administrator is responsible for managing Town activities, supervising department heads, and maintaining working relationships with a variety of stakeholders. I work with staff to make day-to-day decisions and help prepare the Select Board to make the difficult/political decisions. In the coming year, the duties will also include supervising the design and construction of a new town hall (approved in March 2019), implementing the results of a town-wide compensation/classification study, monitoring a development project on 120-acres of town-owned land, and continuing to serve the nearly 10,000 Barrington residents as efficiently and effectively as possible.

Connor MacIver

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

CM: Barrington is a growing bedroom community in New Hampshire’s seacoast. A relatively-lower tax rate, school choice (served by three area high schools), recreational opportunities, and rural character all contribute to Barrington’s desirability. This growth will continue to affect real estate values, demand on municipal services, and calls for expanded services. I am challenged with balancing the needs of Barrington’s ever-changing population with an eye to the past and a vision for the future.

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

CM: The culture of collaboration in New Hampshire’s municipal sector helps me in my job role on a regular basis. NHMA plays a foundational role by creating and aggregating resources which no municipality could do on their own. I appreciate the legislative advocacy (and updates), the legal team, the trainings, and the growing archive of online resources. The services provided by NHMA help to foster a community among municipalities.

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

CM: No. It is rewarding for me to help facilitate a form of government which is so close to the people. New Hampshire’s democratic process is rooted in history and can be augmented by using technology to deliver open and transparent government to the people.

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

CM: I am inspired by the dedication of Barrington’s many citizen volunteers; a true commitment to the above-mentioned democratic process. Barrington’s elected and appointed officials all share the goal of doing what’s best for Barrington, volunteering countless hours of their time in the process.

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

CM: I would encourage municipal leaders to continue the tradition of mentorship through fellowships, internships, temporary deputy positions, and general on-the-job-training. As a first-time Town Administrator, I am incredibly grateful for the opportunity I found in Barrington. John Scruton, a career municipal manager, worked with the Select Board to develop a succession management plan which involved a nine-month overlap. I would not be where I am today without the advocacy and mentorship of John Scruton.

www.nhmunicipal.org

JANUARY/FEBRUARY 2020

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UP CLOSE & In the Field

PERSONAL

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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 Dr. Tracey Hutton, Town Administrator in the Town of Northfield.

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

TH: One of the biggest challenges of a Town Administrator is maintaining consistency.

As elected officials turn over, it is the Administrator’s Office that must strive to maintain consistency and continuity in the Town Offices. Likewise, the Town Administrator needs to implement a similar role between the various Boards and Commissions; to maintain a consistent direction. In this way, the Town Administrator must keep the Boards and Commissions aware of each other’s’ activities so that they may work in concert towards a united vision rather that working against one another or duplicating efforts.

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

TH: There is a lot of legal work involved in town administration. The legal services team at NHMA are very helpful and serve to keep the legal budget of the Town down by proving legal assistance and answers to an array of legal questions.

Dr. Tracey Hutton

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

TH: I think there is a lot more work to preparing the Selectmen to make their decisions than the public may realize. A Town Administrator really needs to be a jack-of-all-trades to do their job efficiently and effectively. That is why having a wide range of experiences in municipal government prior to taking the position of town administrator is so important.

You need to have enough knowledge on various topics to know ‘where and when’ to do more research before making a decision.

TC: Has your public position changed you personally?

TH: I have been in municipal government for 18 years; over that time I have developed “broad shoulders.” Having started as a Code Enforcement Officer I had to learn that some people just need to vent and to not take things personally.

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.

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

TH: I have also learned that communication is the most important element to providing transparency in government.

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

TH: Over my two decades in municipal service I have learned that people most often just want to feel like someone is listening to them and acknowledging their concerns. We all know that not everyone’s concerns can be solved to their complete satisfaction, but sometimes a little bit of listening and acknowledgement of the problem goes a long way.

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

TH: Get as much experience as you can in as wide a range of functions of municipal government before you take the leap. Higher education in municipal law and policy is extremely helpful because that is the type of research you will end up doing to aide in decision making.

Those without this type of education end up having to contract more time with a lawyer to do the research, which is expensive for a municipality.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

2020 Town & School Moderators Workshops Beginner & Advanced Training Provided!

SB 2 Meeting

Traditional Meeting

Snow date: Saturday, January 18 25 Triangle Park Drive, Concord

Snow date: Saturday, February 22 25 Triangle Park Drive, Concord

9:00 am - 1:00 pm Saturday, January 11

9:00 am - 1:00 pm Saturday, February 15

Attendees will receive a copy of NHMA’s 2020 edition of Town Meeting and School Meeting Handbook.

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

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

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

Register online at www.nhmunicipal.org under CALENDAR OF EVENTS. Online pre-registration required one week prior to each date.

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

JANUARY/FEBRUARY 2020

33

Legal

Q and A It’s that Time of Year: Election Time

By Natch Greyes, Municipal Services Counsel Once again, New Hampshire is charged with wheedling down a vast slate of presidential hopefuls to a few, viable candidates. The importance of this duty weighs heavy on the heads of municipal officials. Elections are incredibly complex events. There is a dizzying array of federal and state laws which govern how elections must be run to ensure that every eligible person is able to vote. This means that it’s a good idea to refresh our collective recollections about some of the common issues which arise during these events.

Q. Which municipal officials are in charge of elections?

A. RSA 658:9 makes the selectmen responsible for setting up the polling place. Note, however, that that statute does not make the select board the chief election officers for the municipality. Instead, the moderator retains that role pursuant to RSA 659:9. The moderator must also make certain all election officials understand their roles and fulfill them on election day pursuant to that statute. Municipal election officials may include any moderator, deputy moderator, assistant moderator, town clerk, deputy town clerk, city clerk, deputy city clerk, ward clerk, selectman, supervisor of the checklist, registrar or deputy registrar. RSA 652:14.

The moderator may also appoint other election officials as he or she deems necessary. RSA 658:7. Many moderators in municipalities with multiple election sites find that some appointments are often necessary.

Q. Must the select board be at the polling place on election day?

A. Yes, the board’s presence is required by the New Hampshire Constitution. The New Hampshire Constitution, Part 2, Article 32, provides that “[t]he meetings for the choice of governor, council and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns….” If a select board member is absent or unable to attend at any state election the select 34

NEW HAMPSHIRE TOWN AND CITY

board member may appoint a select board member pro tem to perform her duties. RSA 658:21-a.

It is important to note that town elections are conducted in the same manner as state elections pursuant to RSA 669:25, so the rules for election procedures for state elections should generally be followed for town elections as well. That has caused some controversy with the provision of accessible voting systems similar to the Secretary of State’s tablet computer-run “one4all” system by municipalities for municipal elections. Although legislation solving the issue is still pending as of this writing, it should be mentioned that it is likely that all municipalities must ensure that accessible voting systems are available to disabled individuals in order to be in compliance with federal regulations.

Q. What should a municipality do if it runs out of paper ballots?

A. RSA 658:35 governs the creation of “unofficial” ballots which will be held as valid for the purposes of voting. That statute requires the town or city clerk create “unofficial” ballots “as far as possible, in form of the official ballots,” initial each, and make a statement under oath that the official ballots have not been received (or, more accurately, that not enough official ballots were received). Ideally, the clerk should make photocopies of an unused official ballot, and each photocopy should be signed or initialed by the clerk before being issued to a voter. This helps to prevent fraud by distinguishing the properly-created unofficial ballots from fraudulently created ballots. RSA 659:24. An accurate record should be kept of the total number of unofficial ballots created and the number of those that were actually used by voters.

Q: Do municipalities have to allow people to “observe” the election from inside the polling place or can we exclude non-election officials and voters from inside the polling place?

A. Any person has a right, as safety, welfare and rights of www.nhmunicipal.org

voters permit, to observe in-person voter registration, wherever it is conducted. RSA 654:7-c. However, observers must be located at least five feet from the registration table where the exchange of nonpublic information between the applicant and the election official receiving the application may be heard or seen. When a person registers to vote on election day, the election official must announce the person’s name twice and also announce the address the person has registered as his or her domicile one time in a manner that allows any person appointed as a challenger to hear the announcement.

RSA 654:7-c; RSA 666:4.

Note that the observer or challenger should be outside of the guardrail which the select board must set up pursuant to RSA 658:9. That rail prevents anyone from accessing the voting booths other than by passing within the guardrail and only those within the rail can approach within six feet of the ballot box and voting booths. RSA 558:9. The voting booths and ballot box should be within plain view of those observing from outside the rail. RSA 658:9.

Q. How should election officials handle “challenges” to a particular person’s right to vote?

A. “Challenges” to a particular person’s right to vote may be made by any other registered voter in the town or ward (in writing only), by any election official, or by any challenger appointed by a po-

www.nhmunicipal.org

litical party or by the Attorney General with the proper signed statement from the political party/Attorney General.

RSA 659:27; RSA 666:4-:5. A “challenge” may be made at any time until the voter puts his or her ballot into the ballot box or voting machine.

moderator is responsible for establishing a ten-foot-wide, at a minimum, noelectioneering zone from the entrance door(s) of the polling place as far into the driveway/parking area as he or she determines appropriate to provide voters with a clear path to the polls.”

If a voter is challenged, the moderator may not receive that person’s vote until the challenged voter signs and gives to the moderator a Challenged Voter Affidavit (prepared by the Secretary of State). The affidavit must be sworn before an election official or any other person authorized by law to administer oaths. The challenged voter may then be permitted to vote. RSA 659:30.

It is the moderator’s further duty to ensure that no illegal electioneering occurs at the polling place. RSA 659:9.

Although some rules are simple, others have become more complicated. For example, the moderator should designate an election official to periodically check the voting booths and remove any materials left there, including campaign materials or other items left by voters. RSA 659:43. This simple rule contrasts with the rules surrounding RSA 659:43, which states that “[n]o person shall distribute, wear, or post at a polling place any campaign material in the form of a poster, card, handbill, placard, picture, pin, sticker, circular, or article of clothing which is intended to influence the action of the voter within the building where the election is being held.” The Secretary of State’s manual states “Upon observing a voter enter the polling place to vote wearing campaign material, where the nature of the material and the individual’s attire make doing so appropriate, it is reasonable to ask the voter to remove or cover up campaign material being worn which is intended to influence voters in the polling place.” However, moderators should be aware that in 2018 the United States Supreme Court ruled in Minnesota Votes Alliance v.

Mansky, 138 S.Ct. 1876 (2018), that

The clerk must keep a record of all challenges including: the name and address of the voters completing the affidavits, the affidavits, the name of the person making the challenge, the reason stated for making the challenge, and, finally, the clerk must report the challenge on the State’s ElectioNet system. RSA 659:27 – RSA 659:33.

See the Secretary of State’s election manual for complete instructions regarding challenges.

Q. Who decides how campaigning at the polls will be controlled?

A. The moderator, under authority from the New Hampshire Constitution, Part 2, Article 32, as well as RSA 659:9 and RSA 659:43. According to the Secretary of State’s manual, “[t]he

JANUARY/FEBRUARY 2020

35

LEGAL Q & A from page 21 a Minnesota law prohibiting individuals, including voters, from wearing a “political badge, political button, or other political insignia” inside a polling place on Election Day clearly violated the First Amendment. Although the Court indicated that some prohibitions were acceptable, it is currently unclear whether the federal courts would uphold New Hampshire’s law that allows a political message to be worn in a polling place, provided that message does not support or oppose a candidate or measure on the ballot at that election.

Q. What qualifies as illegal electioneering?

A. RSA 659:43 defines illegal electioneering as distributing or posting campaign materials within the building where the election is being held as well as in the areas leading to the polling place. It is also illegal for an election officer or public employee to electioneer while in the performance of his or her official duties. RSA 659:44; RSA 659:44-a.

Q. Can a municipality regulate the distribution of campaign materials or electioneering by ordinance?

A. Yes, to some extent. Under RSA 31:41-c and RSA 47:17, XIV-a, towns and cities have the power to make ordinances regulating both the distribution of campaign materials and electioneering that “affects the safety, welfare and rights of voters at any election.” However, municipalities cannot regulate: (1) the display of campaign materials attached to any legally parked motor vehicle; or (2) activities conducted wholly on private property that do not interfere with voter access or exiting of the polling place. In towns, ordinances regulating such election activities must be provided to the town clerk immediately after adoption so that they may be available to candidates filing for 36

office. The ordinances must also be posted at each polling place at least 72 hours in advance of any town election.

Q. Do municipalities have to allow exit polls to be conducted?

A. Voters may not be obstructed or interfered with as they enter or exit the polling place, or as they vote within the polling place. Other than this, however, there are no legal restrictions on exit polling. Therefore, it may make the most sense for the moderator to adopt a policy regarding an acceptable place for exit polling (or other nonvoting activities, such as bake sales) to occur, such as an adjacent vacant room or hallway that does not interfere with the customary entrance pathway, exit pathway, or railed area.

Q. Can campaigners give voters preprinted stickers with the name of a write-in candidate to paste onto their ballots?

A. RSA 659:65 clearly prohibits the use of preprinted stickers. It provides that “a ballot shall be regarded as defective in part and that part shall not be tabulated if either or both of the following conditions exist:…(b) the ballot has attached to it an adhesive

slip, sticker or paster not prepared in accordance with RSA 656:21 in the space for any office….” RSA 656:21, in turn, provides that the Secretary of State may authorize the use of pasters for state elections when a candidate dies or is disqualified and the name of a substitute candidate must be used.

While RSA 659:65 is a statute that applies generally to state elections, the New Hampshire Supreme Court has held that the prohibition on stickers also applies to town elections. Kibbe v. Milton, 142 N.H. 288, 291 (1997).

The only instance in which a statute permits the use of pasters or stickers on a town ballot is in the limited circumstance when a candidate dies or makes oath that he or she no longer qualifies for the office. In that case, the town clerk is required to omit the name from the ballot, and if ballots have already been printed, to cover the name with pasters. RSA 669:22.

“Even when the voters’ intent is clear, if the means they employed to indicate their vote does not substantially comply with the applicable statute, their attempt to vote is a failure.” Kibbe v. Milton, 142 N.H. at 293. (Note that the reasoning in Kibbe would appear to be broad enough to harmonize the recent change to RSA 40:4-g, pertaining to municipal elections, which

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states “every ballot shall be counted if the intent of the voter can be determined, regardless of whether the voter followed any instructions relative to marking the ballot provided before the vote” with existing law). In Kibbe, although the Court noted that “the right to vote is cherished and protected by our State Constitution,” it still concluded that RSA 659:65, II(b) legally regulates the manner by which a voter may not express his or her vote.

Q. Can members of the public observe the counting of the ballots?

A. RSA 659:63 permits the public to observe the counting of ballots. Just like the public can observe voter check-in from outside the rail, the public must be permitted to observe the counting of the ballots from outside the rail. This means that the doors should not be locked when the polls are closed. Ballot counting “shall not be adjourned nor postponed until it shall have been completed.” When the polling place is rearranged for counting after the polls are closed, counting tables must be located at least four feet from the rail, and no ballot may be placed any closer to the rail than four feet.

Q. How soon does the winner of a municipal election take over the office?

A. If a person has run unopposed and no write-in candidate has received five percent or more of the votes for that office, that person may be sworn in at any time after the results are declared.

Note, however, that in a traditional town meeting town this must occur after the business session of the meeting has ended. RSA 42:3. Otherwise, so long as no recount has been requested, a person elected to an office that was contested or for which a writein candidate received five percent or more of the vote may be sworn in at any time after the deadline for requesting a recount (the Friday following the election). RSA 42:3; RSA 669:30. www.nhmunicipal.org

Note, of course, that the person elected must take the constitutional oath of office before he or she can assume the office. RSA 42:1.

Q. How long does a municipal official have to take the oath of office after being duly elected?

A. RSA 42:3 states that the oath may be taken “immediately” – which, for contested positions means after the period of time for recount pursuant to RSA 669:30 has lapsed – or whenever the select board decides, if it has decided on a time. It is the town clerk’s job, either “immediately, or in accordance with the time adopted by the governing body, if one has been adopted,” to notify the person by a police officer (personal notice or notice left at their home) or by registered mail, to appear before the clerk within six days after receiving the notice to take the oath.

RSA 42:4. (The police officer has 4 days to provide notice to the person).

If the person does not appear within six days after personal notice, or notice left at their home, or after returning (if they were absent when the notice was left), and in any case within 30 days after the election, the position is legally deemed to be vacant. RSA 42:6; RSA 652:12, IV. It is also worth noting that the person who refuses to take the oath is guilty of a violation and is subject to a fine of up to $1,000. RSA 42:6.

Q: If no one runs for a position, does the write-in with the most votes win?

A. Regardless of whether someone ran for a position or whether there was a write-in campaign, the person who receives the most votes wins the election.

Q: What if the person with the most votes declines to take the position after being elected? Do we offer the position to the person with the next-highest number of votes?

A. If the person who won the election declines to take the office, the position is left vacant. It is not offered to the next-highest vote getter. RSA 652:12, IV. How vacancies are filled depend on the particular position. RSA 669:62 through RSA 669:75 described the filling of most municipal vacancies.

The law typically designates a particular board or official to appoint someone to fill the specific vacant position.

Which board or official depends on the office. Generally, the person appointed to the vacant position will serve only until the next annual election (rather than the rest of the unexpired term), at which time the office is open once again and someone will be elected to fill the remainder of the term, if any, or a new term, if the original term has ended. RSA 669:61. However, for the trustees of trust funds and highway agents, the law provides that the appointee will fill the entire unexpired term. RSA 669:73; RSA 669:74.

Towns may also adopt an optional procedure by town meeting vote to fill vacant positions. This option is available if a vacancy exists and the board or official with authority to appoint someone to fill it has not appointed anyone within 45 days after at least one legally qualified person has applied in writing for the position. In towns which have formally adopted this procedure, voters may petition the selectmen to hold a special town election to fill a vacancy. The petition for special election must be filed at least 90 days before the next annual election. The person elected at the special election serves until the next annual election, when voters elect someone to fill the remainder of the unexpired term (if any) or a new term (as appropriate). RSA 669:61, IV. 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.

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The

HR

REPORT

U.S. Department of Labor Announces New Overtime Rules Effective January 1, 2020

By Mark T. Broth

A

s the end of the year approaches, we have reviewed the 2019 Employment Law Hotline calls to determine if there are any issues that arise more frequently than others. Over the last several years, the majority of calls concerned the federal wage and hour law. 2019 proved to be no different. Although the law has been around for over 80 years, towns and cities continue to have difficulty meeting all of the law’s intricacies.

This is not surprising, as public employers face compliance challenges not faced by most private sector employers.

Unlike the private sector, the majority of New Hampshire’s public sector employees are unionized. Through collective bargaining, public employees have obtained compensation and benefits that differ significantly from what is typical in a private sector workplace. Longevity pay, shift differentials, paid details, and education and certification premiums are much more common in public sector collective bargaining agreements then in private sector compensation systems. As a result, public employers face greater challenges in correctly determining an employee’s “regular rate” for purposes of calculating overtime. Unique to the public sector is the ability to provide non-exempt employees with “compensatory time off ” in lieu of overtime pay. The Fair Labor Standards Act includes a complex regulatory scheme explaining how compensatory time arrangement can be established, how “comp time” is tracked, when it can be used and how it is paid out upon separation from employment. Also unique to the public sector are rules exempting small police and fire departments (five or fewer employees) from the general overtime requirement, different overtime thresholds for police, fire and emergency services personnel, and the ability to determine overtime liability for police and fire personnel over periods of up to 28 days, rather than the seven day period applicable to all private sector employees.

On September 24, 2019 the U.S. Department of Labor announced a final rule applicable to both public and private sector employers relating to the “white-collar” exemptions under the Fair Labor Standards Act. As you may recall, the Department of Labor announced a similar rule change in 2016, though, due to legal challenges, that change never took effect. This new rule, which raises the requirements that an employee must meet in order to be exempt from 38

NEW HAMPSHIRE TOWN AND CITY

minimum wage and overtime requirements (though not by as much as the proposed 2016 rule) will go into effect on January 1, 2020.

Under this rule: • An employee must earn at least $684 per week (or $35,568 per year) in order to qualify for the executive, administrative, professional, or computer employee exemption; • The “highly compensated employee” exemption threshold has been raised to $107,432 (from the previous threshold of $100,000); and • Employers may use nondiscretionary bonuses and incentive payments (including commissions) paid at least annually to satisfy up to 10% of the standard salary level.

This rule does not affect the existing duties test used to evaluate whether an employee qualifies as a bona fide exempt executive, administrative, professional, or computer employee. We recommend that employers take this opportunity to review their payrolls and ensure that they are in compliance with regulations governing overtime exemptions.

It seems highly unlikely that the FLSA will be simplified or replaced anytime soon and we anticipate that it will continue to be a challenge for employers. The Employment Law Hotline is here to help. We welcome your calls and emails and look forward to answering your questions in 2020. Happy New Year!

Mark Broth is a member of Drummond Woodsum’s Labor and Employment Group. His practice focuses on the representation of private and public employers in all aspects of the employeremployee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2020 Drummond Woodsum. These materials may not be reproduced without prior written permission.” www.nhmunicipal.org

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

Sp tlight

The Affiliate Spotlight is a 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 City and Town Clerks’ Association.

TC: What is the mission and goals of the New Hampshire City and Town Clerks’ Association?

NHCTCA: Our mission is to develop, exchange and disseminate information, ideas, recommendations, resolutions and techniques relating to the offices of the clerk of our respective cities and towns; to promote an understanding of intergovernmental relations; to foster and encourage a higher degree of professionalism among clerks; to bring together by annual, regional or any other informational meetings, the clerks of this State with a view, not only to the exchange of ideas and fostering of a better acquaintance among the clerks, but also for the promotion of cooperation in the solution of common problems; to work as a unified team and to communicate as one voice; to collaborate with state-wide divisions and agencies and other partners in a positive and productive manner; and to continue to look out for the best interest for our communities and residents therein.

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

NHCTCA: Staying on top of proposed legislation and ensuring the representation we feel necessary at hearings; staying abreast of improvements in technology and how they affect our efficiency and thoroughness; assuring that our workplaces remain safe and secure in every way. Outreach and networking of clerks throughout the state with the resources they need.

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

NHCTCA: Trainings, worked with NHMA staff for advice, utilized their legal input with success. Training provided to town officials, such as Selectmen, Moderator and other officials and town boards and committees.

TC: What advice would you give someone who would like to follow in your footsteps as a City or Town Clerk?

NHCTCA: Seek out information, get involved with

www.nhmunicipal.org

Front row: Sherry Farrell, -1st vice; Marge Morgan – Pres.; Nicole Bottai – 2nd Vice Pres. Second row: Kenneth Story, Virginia McGinley, Barbara Clark-Sec., Patricia Waterman, Linda Guyette. Third row: Lisette Dufort, Mary Jackson, Susan Buchanan Back row: Todd Ranier, Tina Wright, Kimberley Kerekes

the NHCTCA, utilize a local clerk mentor, attend trainings and conferences; Reach out and introduce yourself to our greatest sources and partners – Secretary of State, HAVA office, DMV – Registration and Title and the State Registrar of Vital Records. Good customer service; be detail oriented; keep your residents informed of deadlines, upcoming events; being able to multi-task.

TC: Do you dislike any aspects of your job? Which ones? Why? NHCTCA: There were no dislikes, only comments that every day presents opportunities, challenges and changes for us to learn and work with our citizens in positive, meaningful ways. This means we have to be able to adapt and apply them promptly.

TC: Do you have anything else you would like to share with our readers?

NHCTCA: Additional education and training is never too much. This is a dynamic profession. We make our positions look easy as we are the face of our cities and towns. We need to make the public more aware of the challenges we face, the amount of education, training and laws that we have to learn and understand on an ongoing basis. Let’s shine a light on that for the public to understand and appreciate.

JANUARY/FEBRUARY 2020

39

Tech

Insights

By Joe Howland

Six Questions Your Organization Should Be Asking About the Dark Web

The Dark Web is a term that is used often as cybersecurity conversations pick up. But, why does it matter to your organization?

What is the Dark Web? In simple terms, it’s the part of the Internet that is only accessible with special tools and users can remain anonymous. Unfortunately, that creates an environment that is ideal for illegal activity to occur.

What information is on the Dark Web? When hackers steal information through cyber attacks like data breaches and phishing, they often put it on the Dark Web. This information is primarily compromised of login information, Social Security Numbers, credit card numbers, and other personally identifiable information (PII).

It is common for an organization to be totally unaware of its stolen information on the Dark Web. What can happen if your organization’s information is on the Dark Web? It can impact your organization’s finances, operations, and reputation. For example, a hacker could: • Block access to your primary software applications; • Use personal information to send more convincing phishing attacks; • Access and publish sensitive customer or resident information.

Compromised credentials become especially problematic.

Employees often mistakenly use the same password to login to different services. Hackers can quickly use breached credentials to try and access other systems.

How do I know if my organization’s information is on the Dark Web? Dark Web scans and ongoing monitoring can uncover the information. The scan identifies discovered compromised account login information associated with your domain (e.g. vc3.com). However, the Dark Web is growing and evolving every day. So, the tools and companies that perform these scans have an uphill battle to keep pace with its rapid expansion. As a result, the accounts found with a scan do not necessarily constitute all the compromised accounts associated with your domain on the Dark Web. 40

NEW HAMPSHIRE TOWN AND CITY

Because that gap exists, it’s important to have ongoing Dark Web monitoring. You and your organization need as much information as possible to enhance the protection of your organization and its employees.

What should I do if my data is on the Dark Web? Immediately change compromised passwords and NEVER use that password again professionally or personally. This often leads to a good conversation with employees to ensure they are using unique passwords at work and at home to maximize protection.

Once information is on the Dark Web, it cannot be removed. The toothpaste is out of the tube. As a result, you may notice some of the compromised information is old and no longer relevant. This could include past employees or old login information.

What’s my long-term plan?

Ongoing monitoring is only part of a strong cybersecurity plan. Its value depends on strong employee awareness training paired with login monitoring and multi-factor authentication. You need to take corrective action on compromised credentials and then proactive training to avoid future issues.

Login monitoring will help detect atypical login behaviors to prevent the use of a compromised credential before it becomes a major problem. Multi-factor authentication combats the use of stolen credentials because hackers need more than a user name and password to access an appropriately configured service.

If you don’t have a cybersecurity plan in place, speak with a professional. Cybersecurity is a specialized component of Information Technology (IT) and, as a result, often requires assistance beyond your current IT team.

About VC3 Joe Howland is Chief Information Security Officer for VC3.

VC3 is a leading managed services provider with a focus on municipal government. Founded in 1994 with offices across the east coast, VC3 forms partnerships with municipalities to achieve their technology goals and harness their data. In addition to providing comprehensive managed IT solutions, VC3 offers cybersecurity, website design, custom application development, and business intelligence services. Visit www.vc3.com to learn more. www.nhmunicipal.org

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JANUARY/FEBRUARY 2020

41

— This Moment in NHMA History — 60 years ago….

The New Hampshire State Legislature restored the bounty of 50 cents on porcupines. The law had been repealed in 1955 but the new law required paying 50 cents per head (instead of per nose under the previous 1955 law) at the time of redemption.

NHMA’s first Legislative Bulletin was issued, adding to the growing lit of services to its members, which summarized proposed legislation of interest to towns and cities. Today the popular Legislative Bulletin (pictured left) is published each Friday during the legislative session (starting in December and running through June) and NHMA publishes a Final Legislative Bulletin at the close of each legislative session, providing a synopsis of bills of municipal interest.

?

?

Name the city or town that was once known as Great Meadow. According to Wikipedia, it was first granted in 1735 by Governor Jonathan Belcher of Massachusetts as Number 2, second in line of Connecticut River fort towns designed to protect the colonies from Indian attack. It houses Park Hill Meetinghouse (not pictured left), built in 1762, which has a Paul Revere bell and is considered one of the most beautiful churches in New England.

NAME

THAT

TOWN

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the March/April 2020 issue.

OR

CITY

?

42

? ?

ANSWER TO PHOTO IN NOVEMBER/DECEMBER 2019 ISSUE: The photo on page 38 in the last issue of New Hampshire Town and City magazine is of the town offices serving the Town of Tuftonboro.

Thanks to all our members who responded with the correct response, including Diane Town (Charlestown); Marshall Buttrick (Greenville); and Bill Herman (Auburn).

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

We have all the tools to meet your needs.

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

Municipal bonds and public finance Land use planning, zoning and enforcement Ordinance drafting Tax abatement General municipal matters Municipal employment and labor matters Litigation and appeals

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

Learn more about what our municipal group can do for you at dwmlaw.com.

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JANUARY/FEBRUARY 2020

43

2020 Legislative Series Three Webinars and a Final Update

Setting the Stage for 2020 Get Insider Perspectives From NHMA Staff

2020 State Legislative Preview:

Monday, January 6th Webinar 2020 Half-Time Report:

April Webinar

2020 Legislative Wrap-up:

May or June Webinar

2020 Final Legislative Update: November 18 or 19, 2020 NHMA Annual Conference DoubleTree by Hilton Manchester Downtown Hotel, Manchester

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

Help your municipality plan an active and consistent role in NHMA’s efforts by participating in the 2020 Legislative Series Webinars and a Final Update.

44

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

A Right-to-Know Law Workshop for Law Enforcement 9:00 am—12:00 pm Tuesday, January 21, 2020 NHMA Offices, 25 Triangle Park Drive, Concord WORKSHOP DESCRIPTION: Join NHMA’s Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will share insights and strategies to assist law enforcement agencies in handling governmental record matters arising under the Right-to-Know Law. The disclosure of police records is governed in part by the Right-to-Know Law and in part by rules imported from federal law under the Freedom of Information Act (FOIA). This workshop will answer many questions about withholding records compiled for law enforcement purposes when disclosure would interfere with enforcement proceedings or based on other FOIA factors.

Attention will also be paid to disclosure exemptions found in other New Hampshire statutes governing Body Worn Cameras, motor vehicle records, gun licenses, police personnel records, and the retention of police records.

$65.00 with NHMA’s publication, A Guide to Open

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

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

www.nhmunicipal.org

Questions?

Call 800.852.3358 or email NHMAregistrations@nhmunicipal.org.

JANUARY/FEBRUARY 2020

45

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