New Hampshire Town and City Magazine, July-August 2022

July/August 2022

TownandCity N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

In This Issue:

Carrying on a Civic Tradition in Rye, New Hampshire............................ 10 Taking the Mystery Out of Fund Balance................................................. 16 Pursuing Racial Equity Through Intentional Community Engagement........................................................................... 20 Recent First Amendment Decisions of the U.S. Supreme Court............ 22 State House Report: A Very Good Year Legislatively............................ 24 2023-2024 Legislative Policy Process Update......................................... 26

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Contents Table of

Volume LXV • Number 4

July/August 2022

3

A Message from NHMA Executive Director

5 Happenings 8

Win with Water

9 Upcoming Events 28 Up Close and Personal On the Board: Dale Girard 29 Up Close and Personal In the Field: Christopher Remillard 30

Tech Insight: Does Your Municipality Plan to Pay a Ransomware Ransom? States Starting to Say “No”

32

HR Report: Collective Bargaining Fact Finder Reports and the Impact of the New Hampshire Supreme Court’s Decision in Appeal of New Hampshire Troopers Association

34

RPC Report: Your Community Adopted an Updated Mitigation Plan – Now What?

36 Legal Q&A: How to Fill a Vacancy on an Elected Board 38

NHMA Mourns Passing of Board of Director, Bill Herman

43

Court Update

10 16 20 22 24 26

Carrying on a Civic Tradition in Rye, New Hampshire Taking the Mystery Out of Fund Balance Pursuing Racial Equity Through Intentional Community Engagement Recent First Amendment Decisions of the U.S. Supreme Court State House Report: A Very Good Year Legislatively 2023-2024 Legislative Policy Process Update

46 This Moment in NHMA History 46 Name That City or Town 48 Upcoming Webinars

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

Margaret M.L. Byrnes Timothy W. Fortier

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

Evans Printing Co.

Cover: Boy in Parade, Communications Staff.

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

NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2022 New Hampshire Municipal Association

www.nhmunicipal.org

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New Hampshire Municipal Association

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

Shaun Mulholland -

Laura Buono - Chair Town Administrator, Hillsborough

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

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Cheryl Lindner - Secretary Treasury Management Officer, Nashua

City Manager, Lebanon

Candace Bouchard City Councilor, Concord

David Caron Town Administrator, Derry

Conservation Commission, Holderness

Shelagh Connelly

Phil D’Avanza Planning Board, Goffstown

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Manager, Newmarket

Dale Girard Mayor, Claremont

Joanne Haight Selectboard Chairman, Sandwich

April Hibberd Selectman, Bethlehem

Neil Irvine Town Administrator, New Hampton

Holly Larsen Finance Director/Tax Collector, Berlin

Conner MacIver Town Administrator, Barrington

Selectman, North Hampton

David Stack Town Manager, Bow

NHMA is a non-profit, nonpartisan membership association established in 1941. It is a member-funded, member-governed, and member-driven association that works to strengthen New Hampshire cities and towns and enhance their ability to serve the public. Through the collective power of cities and towns, NHMA promotes effective municipal government by providing education, training, advocacy and legal services.

Patrick Long Alderman, Manchester

Immediate Past Chair

Jim Maggiore -

Immediate Past Vice Chair

Our Mission

Jim Michaud Chief Assessor, Hudson

2

Judie Milner City Manager, Franklin

NEW HAMPSHIRE TOWN AND CITY

Dennis Shanahan Councilor, Dover

www.nhmunicipal.org

A Message from the

NHMA

Executive Director

Margaret M.L.Byrnes

Another legislative session has concluded—and what a session it’s been!

T

he outlook in January 2022 was relatively bleak. Scores of bills sought to override local control, many of which were motivated by the pandemic: a bill to take away the powers of city councils, a bill to dilute the authority of local health officers, a bill to prohibit municipalities from regulating the shooting of firearms on town property—even a bill to do away with attorney-client privilege for public sector clients. Legislators were also considering ways to dramatically encumber the ability of local officials to lobby their own legislature, while debating whether to pass a law that would have prohibited municipalities from using basic zoning authority to regulate short-term rentals to the detriment of residents and the benefit of large real estate corporations and their profits.

But what a difference a few months—and fantastic advocacy from NHMA members and its staff—makes! Although our overriding objective was this session was “kill” (because of the number of very bad bills), some excellent bills passed as well, in a pleasant turn of events. Due to record state revenues and some hard-working legislators, municipalities head into the summer with approximately $120 million of additional funding coming their way for roads and bridges, body-worn cameras, and PFAS remediation. Additionally, the legislature passed a bill to require the state to provide a one-time payment to local governments equal to 7.5 percent of the employer contribution costs for teachers, police, and firefighters in fiscal year 2023. Although NHMA supports ongoing, sustainable state aid and revenue sharing—not merely one-time commitments— the passage of this bill, along with the floor debate in the Senate about the desire to include this contribution in next year’s biennial budget, is significant progress. Along with the passage of these important bills, the worst of the anti-local government bills, which would expand state government and diminish local government, were killed.

It’s a great time to revel in these successes—and to enjoy the calm before the storm. Because the terrible truth is, it’s already time to start think about the 2023 legislative session! NHMA members are strongly encouraged to contact our government affairs team if you have ideas for legislation or are considering asking your legislators to file legislation. Not only does it help us to have this information going into the next legislative session, but we may be able to help you—and that’s what we’re here for.

I also want to mention that our 2023-24 legislative policy process is rapidly coming to its exciting conclusion. The three legislative policy committees—made up entirely of local officials from all regions of the state—spent the spring revising, discussing, deleting, and adding to NHMA’s legislative polices and principles. These newly revised policies and principles have been sent out to the full membership for review. We ask that all our members please review the newly proposed legislative policies and principles and have your governing body (select board, council, or Warmest regards, board of aldermen) vote on to establish their positions on these policies. Each municipality may—and should—send one voting delegate to the NHMA Legislative Policy Conference on September 23, here in Concord. Please look out for more email communications from us.

Margaret M.L. Byrnes, All of that said, we hope you have a wonderful, relaxing, and memorable New Hampshire summer!

www.nhmunicipal.org

NHMA Executive Director

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HAPPENINGS Public Works Employees are Now First Responders!

The Clock Doc!

Governor Chris Sununu recently signed SB 325 into law, formally recognizing public works employees in New Hampshire as first responders! This makes New Hampshire only the second state in the country (after Mississippi) to formally and directly recognize public works employees and their role as first responders!

Taken directly from the legislation: “First responders” means state, county, and local governmental and nongovernmental emergency public safety fire, law enforcement, public safety telecommunications or dispatcher, emergency response, emergency medical services providers including hospital emergency facilities, emergency management, public health, clinical care, public works, and other skilled support personnel, such as equipment operators, that provide immediate support services necessary to perform emergency management functions.

Congratulations to the New Hampshire Public Works Association who worked long and hard in advancing this important new law. It is important for all of us to recognize public works employees as first responders since they are responsible for emergency management and protecting, operating and maintaining critical infrastructure in our cities and towns.

Phillip D’Avanza, the “Clock Doc,” was recently showcased on New Hampshire Chronicles. Phil has spent over 40 years keeping the clocks that dot the centers of many towns in New Hampshire ticking. Phil has served as a NHMA Board of Director for many years and currently serves on the planning board in the Town of Goffstown. Learn more about Phil and his clock business here: https:// www.wmur.com/article/nh-chroniclekeeping-the-clock-in-the-tower-ticking/39789369#.

ATTENTION MUNICIPAL OFFICIALS – Signs on State Roadways Shari King, Supervisor of Outdoor Advertising at the New Hampshire Department of Transportation’s (NHDOT) Bureau of Traffic, is reaching to all town boards and/or departments with an update below on the rules and regulations regarding signage on state roadways.

RSA 236:72 prohibits off-premise signs adjacent to a controlled route (any highway that is part of the turnpike system, interstate system or federal aid primary (FAP) system) without a permit. Not all state roadways are FAP, but applicants should check with our department (Bureau of Traffic) to find out if the roadway they are proposing a sign on is. If the State does control the road, applicants would need to apply for a permit before installing the sign.

RSA 238:24 prohibits signs on Scenic & Cultural Byways. Again, the business or sign owner should contact the Bureau of Traffic to determine whether the road is a designated Scenic & Cultural Byway.

RSA 236:88 prohibits signs from being located in the state right-of-way. This applies to all state roadways no matter their designation or rating.

If you have any questions, please feel free to contact Shari King at 603-271-8122 or shari.king@dot.nh.gov. If you would like a copy of the rules and regulations regarding signage on New Hampshire roads, please send Shari an email requesting same. www.nhmunicipal.org

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HAPPENINGS from page 5

Taxpayer Assistance - Low and Moderate Income Homeowners Property Tax Relief The Low & Moderate Income Homeowners Property Tax Relief program was designed to lessen the economic burden of the State Education Property Tax on certain at-risk taxpayers.

Chapter 95, Session Laws of 2021, HB 486 amends RSA 198:57 to increase the income limitations for the receipt of a Low & Moderate Income Property Tax Relief award as well as the maximum amount of tax relief available to an awardee for property taxes assessed on or after April 1, 2021 An eligible applicant for the Low and Moderate Income Homeowners Property Tax Relief is a person who is: • Single with adjusted gross income equal to or less than $37,000; or • Married or head of NH household with adjusted gross income less than or equal to $47,000; and • Owns a homestead subject to the State Education Property Tax; and • Has resided in that homestead on April 1 of the year for which the claim is made.

For more information: https://www.revenue.nh.gov/ forms/low-moderate.htm

USDOT Safe Streets for All (SS4A) Discretionary Grant Program Applications due September 15, 2022 The U.S. Department of Transportation (DOT) recently announced that the application process is now open for communities of all sizes to apply for $1 billion in Fiscal Year 2022 funding to help them ensure safe streets and roads for all and address the national roadway safety crisis. The Bipartisan Infrastructure Law’s new Safe Streets and Roads for All (SS4A) discretionary grant program provides dedicated funding to support regional, local, and Tribal plans, projects and strategies that will prevent roadway deaths and serious injuries.

The primary goal of the SS4A grants is to improve roadway safety by supporting communities in developing comprehensive safety action plans based on a Safe System Approach and implementing projects and strategies that significantly reduce or eliminate transportation-related fatalities and serious injuries involving pedestrians; bicyclists; public transportation, personal conveyance, and micromobility users, commercial vehicle operators; and motorists. Funding can also be used to support robust stakeholder engagement in order to ensure that all community members have a voice in developing plans, projects and strategies.

Applications may come from individual communities, or groups of communities and may include Metropolitan Planning Organizations (MPOs), counties, cities, towns, other special districts that are subdivisions of a state, certain transit agencies, federally recognized Tribal governments, and multi-jurisdictional groups.

The Safe Streets for All Notice of Funding Opportunity announced can be found at https://www.transportation.gov/ SS4A. Applications are due on or before Sept. 15, 2022.

Municipalities and other local governments are facing cyber threats like never before. While the issue has existed for years, new cyber occurrences are appearing almost daily and many of your municipal members have likely already fallen victim to successful attacks. Simply put, the local government space is an attractive target for bad actors to act - and many have already. Members that haven’t faced a breach likely will in the near future. Advanced ransomware plots, slow adoption of Multi-Factor Authentication and other proactive measures, and even nation-state cyber-attacks are creating an environment that makes your members more susceptible than ever. This is all compounded with a hardening cyber insurance market which is applying much scrutiny to the coverages they underwrite. It is imperative for cities to take proactive measures to mitigate their risks in the cyber realm.

The National League of Cities NLC-RISC (Risk Information Sharing Consortium) and NLC Mutual Insurance Company offer recommendations to meet your cybersecurity needs. https://www.nhmunicipal.org/sites/default/files/uploads/legal/member_cyber_roadmap.pdf 6

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

ATTENTION: Municipal Infrastructure Partners

In this time of heightened risk due to the war in Ukraine, Cybersecurity & Infrastructure Security Agency (CISA) urges lowering the threshold for sharing information to raise our collective resilience to global cyber threats. Sharing information about cyber incidents allows CISA to fill critical information gaps, rapidly deploy resources and render assistance to victims suffering attacks, analyze incoming information from across sectors to spot trends, and quickly share that information with network defenders to warn other potential victims.

To facilitate the information sharing process, CISA developed the attached Cyber Event Information Sharing Fact Sheet, which provides stakeholders like you with clear guidance about what to share, who should share, and how

to share information about unusual cyber incidents or activity. We encourage you to share this resource with your networks, on your websites, and across your social media accounts.

Cybersecurity is national security, which is why we also encourage your organization, stakeholders, customers, and employees to utilize the wealth of resources on our Shields Up webpage, including information for organizations and individuals, technical guidance for network defenders, free tools and services, among other offerings. It takes the entire nation to raise our collective cyber defense and we appreciate your support. CISA encourages you to share this information widely.

Basic Loan Requirements:

The Bond Bank’s Next Bond Issue will be on January 4, 2023 June 2022 Bond Sale Results True Interest Cost for: 5 year loans 2.36% 10 year loans 2.64% 15 year loans 3.10% 20 year loans 3.38% 25 year loans 3.66% 30 year loans 3.81%

Are you planning a capital project for 2023?

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.

• Bond issue approved by governmental entity • Completed application approved by Bond Bank Board • Audit by CPA firm • Local bond counsel opinion

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.

Lebanon Middle School, Lebanon, NH

www.nhmunicipal.org

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It’s a dirty job, but someone’s got to do it!

By Mike Carle, Chief Operator Hampton WWTP, NH Water Pollution Control Association, Past President

W

hen you stop to think about it, the importance of water is undeniable. From the water we use to make our coffee in the morning to the water we brush our teeth with at bedtime- water touches every aspect of our lives. Luckily for us, we don’t need to think about it much. In New Hampshire, water plentifully surrounds us in our lakes, rivers, and oceans. Our taps run and our toilets flush. There are professionals out there whose job is to make sure you don’t have to think about these things. So far, this series has touched on the people who provide the water. In the first installments of our Win With Water! series we talked about the importance of having a reliable source for drinking water; but what happens to that water after it leaves the tap? In this installment, let me introduce you to the people who clean the water after you use it: Wastewater Operators. Water is a limited resource that we are entrusted to take care of. You all remember the water cycle from grade school, it is a closed loop. The average American uses 82 gallons of water each day, according to the US Environmental Protection Agency. In New Hampshire that adds up to 110 million gallons each day. But what happens to all that water once it goes down the drain? In most towns and cities, it goes to a wastewater treatment plant. Even if you have a septic tank, these facilities treat what the septic haulers pump out. There is a whole industry devoted to this process. The engineers who design the plants, suppliers who provide the specialized equipment, and trained operators across the state all work together to treat the wastewater to water quality standards that are safe to return to the environment.

This has been a fitting year to focus on the water infrastructure as 2022 marks the 50th anniversary of the Clean Water Act, that established water quality standards and requirements to make our rivers and lakes swimmable, fishable, and safe. Wastewater Operators welcome this renewed opportunity to focus on and raise awareness of infrastructure and technology. The treatment plants that were built in the 70’s have worked well to help us remove waste and return safe water back to the environment for years, but like any piece of major equipment, they eventually need replacing. Wastewater infrastructure is a lot like your car: even with regular maintenance and cleaning, that 1972 Ford can’t possibly be retrofitted to compete with the safety and fuel-efficiency of the latest 2022 models!

As stewards of the environment, wastewater operators do their best with the available technology to remove as many contaminants as possible. Over this last half century, wastewater treatment technology has progressed from solely removing the heaviest of contaminates to being able to not only discharge clean water but also produce useful resources such as fertilizer and even electricity.

Some of our biggest challenges are still emerging. We are always discovering new compounds that can cause harm. 50 years ago, no one thought that putting that waterproof coat in the laundry would cause any harm. Because the PFAS chemicals that make up the waterproofing don’t break down in the environment, over the years they come back to us through our food and water. Wastewater plants are not designed to remove “forever” chemicals such as PFAS, but we are doing our best to be part of the solution. Our challenge is to develop the technology to keep these compounds that don’t go away from reentering the watershed. Sometimes the answer is to prevent these chemicals from entering the water to begin with.

Wastewater Operators bridge the loop between the clean water we drink and the healthy source water we all use. We often work out of sight and out of mind, but every once in a while, we ask that you think about what you would do without us next time you flush the toilet.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Upcoming

Events

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

JULY

SEPTEMBER

Independence Day (NHMA Offices Closed) Monday, July 4

NHMA Board of Director’s Meeting 9:00 am – 11:00 am Friday, September 16

NHMA Webinar: MHEC: An Extension of Your Purchasing Department 12:00 noon – 1:00 pm Wednesday, July 27

2022 Budget & Finance Hybrid Workshop 9:00 am - 4:00 pm Tuesday, September 20 Derryfield Country Club, Manchester $90 - In-person; $70 - Virtual

AUGUST NHMA Webinar: Funding Essential Community and Municipal Projects USDA Rural Development, NH 12:00 noon – 1:00 pm Wednesday, August 17

NHMA's Legislative Policy Conference 9:00 am - 12:00 pm Friday, September 23 25 Triangle Park Drive, Concord

NHMA Board of Director’s Meeting 9:00 am – 11:00 am Friday, August 19 Please visit NHMA’s website @ www.nhmunicipal.org frequently for the most up-to-date event and training information.

Thank you.

Cordell A. Johnston _________

Attorney at Law

www.nhmunicipal.org

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

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Carrying on a Civic Tradition in Rye, New Hampshire

By Alex Herlihy, Vice President, Rye Civic League

T

hroughout history there are many examples of citizens taking an active role in the governance of their communities. In the Agora of ancient Athens, the marketplace below the Acropolis, residents engaged in lively debate about the issues of the day, exercising their obligation as citizens. The early years of the Roman Republic saw the Senate provide one model for representative government where people felt their views were taken seriously and they had some access to those in power.

In decentralized medieval Europe, communal life and cooperative societies were common. English Common Law and the Magna Charta of the 1100s and 1200s added more foundational principles for building open societies. The early self-government of the Swiss cantons, protected by Swiss neutrality, further enhanced these principles. But it was Enlightenment political philosophers and writers such as John Locke and others who laid the foundation for the revolutionary upheavals of the 1700s and 1800s. The end of colonialism and empire in the 1900s forged more republican forms of government that we see in some parts of the world today.

Colonists in early America took note of the egalitarian decision making of native peoples, a time-honored tradition in many parts of the world. This knowledge and the parish meeting practice they brought from England, led to the creation of the annual New England town meeting, a strong form of early democracy on the local level where citizens and not elites made the decisions. On a daily basis, taverns

were civic gathering places for debate and the sharing of ideas. By the 1830s Alexis de Tocqueville noted that collective civic groups were dealing with many challenges in the new nation, an emerging unofficial fourth branch of government, as non-profit organizations are often recognized today. During the twentieth century, many Americans continued to organize locally and nationally to tackle issues on their own, lobby to improve local government performance, promote civic activity and raise public awareness about critical community issues.

History of the Rye Civic League By the late 1950s and 1960s the modern civil rights movement had forged a crucible of questioning authority and had spawned many other political movements. People paid more attention to local government and volunteered to serve on town boards to meet rising challenges. It was during this decade in Rye, New Hampshire, that full zoning was enacted, and the Conservation Commission, Historic District Commission and Recreation Commission were established.

Residents were going to board meetings to contribute their ideas and engage in the challenges of the day. Three of those civic-minded people were Frances Holway, Joan La France and Marjorie Miller.

These three politically active women realized that the average resident did not know what was going on in town since there was no formal town government communication with

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NEW HAMPSHIRE TOWN AND CITY

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the people beyond the annual town report and what they observed at the annual town meeting. In 1968 they established the Rye Civic League (RCL) for the purpose of educating townspeople about Rye town government.

The league published a monthly Town News which reported on town board meetings and other issues facing the town. The publication was mailed to paying members and distributed in brightly colored red bags in different locations in town.

but the monthly Town News was sorely missed, and citizens were less informed. The lack of such an oversight group was evident when the new safety building (2004) did not get the public scrutiny it deserved. Structural and legal problems with the building ensued and cost the town unnecessary expenses. Upon my retirement in 2009 I paid more attention to town affairs and remembered my time as Town News co-editor. I could see a clear need for more voter education, so I revived the Rye Civic League.

The catalyst was a proposed development which had people up in arms, but not well informed about the dates of the town board meetings dealing with it. After a modest beginning, a core of dedicated and skilled residents emerged. By 2011 RCL was editing and publishing a monthly online newsletter, the Rye Civic News.

This newsletter is now emailed to over 1,400 residents (Rye has 4,705

registered voters out of about 5,500 residents). With people so busy and with so many town meetings to pay attention to, this newsletter delivers key points in a digestible format that enables residents to stay informed and become more active in civic life.

The Civic News provides links for more detailed information that is posted on RCL’s website, as well as to the town’s website. Over 50 percent of recipients open the Civic News enewsletter each month. 20 percent to 40 percent of those people click on at least one link to get more information with an average of 2 to 3 clicks per person. Leading up to the 2022 town election, the newsletter was opened by 66 percent of recipients. As a result of the civic league’s efforts, voter participation in the town election has increased from a low of 20 percent in 2009 to over 30 percent over the last decade. Much work still needs to be done to increase those numbers to the level of the national election.

The RCL quickly became a catalyst for active citizens and the three founders made a lasting contribution to Rye civic life. Holloway was a go-getter and provided the basement workspace and mimeograph machine. Miller was the main Town News editor and kept it going in the waning years. La France was very knowledgeable about legal affairs as well as the New Hampshire state laws and the “Revised Statutes Annotated” (NH RSA) and was often the most intelligent person in the room during Board of Selectman and Planning Board meetings. In 1992 the RCL disbanded, along with the Town News, due to low membership and lack of volunteers.

From 1998 to 2002 an ad hoc group called the “Concerned Citizens of Rye” organized around certain issues, www.nhmunicipal.org

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RYE, N.H. from page 11 RCL is a 501(c)(3) non-profit organization and cannot advocate for any candidate or ballot measure. It presents unbiased reporting of events including both sides of controversial issues and important questions that are raised which are often not found in official minutes. The Civic News provides more detailed information than any other publication.

The Rye Citizens Handbook has filled a large gap in citizen education. Prior to the RCL creating it in 2013, no document existed to help people understand how small-town government works. The handbook is funded by local businesses and updated by RCL annually. Additional voter education is

provided through RCL’s annual public warrant article (individual decisions voters make) presentation and financial analysis of the town and school budgets. While the town provides a year-to-year financial comparison, the RCL analysis covers the past five or ten years. The presentation also includes an analysis of the twenty to forty warrant articles with a condensed table for easy access to facts. As a non-partisan group, the RCL hosts a Candidate’s Night prior to every town election as well as one for statewide elections.

To produce the monthly Civic News, RCL members attend meetings, watch recorded videos or read draft meeting minutes of public meetings, then create the short digestible key points for residents. Links to

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minutes, recorded videos or to more detail make it easier for voters to learn more. The Civic News leads with the top 10 issues of the previous month for those who will not read “below the fold” of the email newsletter, and in 2021 added a YouTube summary, also shared to various town Facebook groups of those ten issues to make for less reading and a more dynamic experience. RCL intends to continue creating short videos to provide information and insight into issues facing town residents. All these RCL services are provided by volunteers.

RCL has a Board of Directors, an annual meeting and a monthly business meeting followed by an open forum discussion at the public library or at a local restaurant to make meetings more appealing. The open forum meeting provides a place to discuss town issues or get assistance on dealing with town boards. RCL members are well-informed on town zoning ordinances. Civic league members have compiled a large number of bite-sized histories of Rye political events which provide a quick perspective for those researching current issues.

Recently RCL sponsored special forums such as “Challenges Facing Water in Rye” and “History of Housing Developments and the Future of Development in Rye.” In May of 2022 the league will make an interactive presentation on environmental issues facing the town to all the students in the Rye Junior High School.

Teachers will be provided with access to all our documents as a follow up to this presentation in hopes there will be some good curriculum integration.

What RCL does with the Civic News is a form of “citizen journalism,” a grassroots movement that is on the rise in the US, making good efforts to fill the gap in local news. See: National Asso-

www.nhmunicipal.org

ciation for Citizen Journalism, www. nacj.us, and following by the late Jack Driscoll, of Rye, New Hampshire. His book, Couch Potatoes Sprout: The Advent of On-line Community Journalism and an article published by the MIT Media lab where he was a resident from 1995- 2008, “The Handbook for Citizen Journalists: Catching the Journalistic Attitude.” Currently, the RCL “Civic News” focuses only on short, objective statements with links to town board meetings only, with no feature articles and no advocacy, but other forms of community journalism do include those features. In the future, RCL may expand its offerings to include analysis and commentary and letters to the editor, just as one used to find in rapidly disappearing daily newspapers. There are many “news deserts” in the country and online journalism can help fill the gap.

Rye Civic League costs are modest and include the website, post office box, state fees to Attorney General and Secretary of State, additional printing of the Rye Citizen’s Handbook, other printing costs and related expenses.

The most expensive items are “Constant Contact” for publishing to the distribution list and a PO Box. Recipients of the Civic News are asked to contribute $12 a year ($1 a month) and become “a member.” RCL has found that several members contribute way beyond the $12 minimum.

How to Create a Civic League in Your Community As in Rye in 1968 or again in 2009, every community has politically active people on the local level. To start a civic league in your town, hold an organizational meeting of people who attend and speak at town board meetings and deliberative sessions, write letters, volunteer in town groups, and be sure there is at least one native or long-time resident in the group to provide perspective and town political history. Share the documents from the Rye Civic League before the meeting by going to www.ryecivicleague. org and clicking on ‘How to Start a Civic League.’

The first gathering must begin with a general discussion and agreement of the need for a civic league. Discuss goals, tasks and obstacles. Early in the process, or before the first newsletter, inform local elected officials and board or commission-members your intent as well as having an article in the local newspaper and on local Facebook and other community forums. A civic league must be a transparent organization and while no such group, or government body for that matter, is ever immune from bias, the league needs to strive to be non-partisan.

The new league should be promoted as a formal membership organization

from the outset in order to support overhead such as fees to state government, domain name for web site, PO Box, printing costs, platform server for distribution list monthly newsletter, (Mail Chimp is a free alternative, as Constant Contact costs over $500 per year). If a low membership fee is set, many members will contribute beyond that as an annual donation. Word of mouth, other town organization lists and social media will help grow the new league’s distribution list and gain more members in the process.

The board structure of four officers should be complemented by at least three or more other board members, each with a responsibility to head up and seek volunteers for support on those efforts. There needs to be a critical mass of people, (board, volunteers, members) who are “in the loop” on league efforts as well as town issues.

Once organized, do not wait to apply for IRS “501 (c)(3)” non- profit status.

There is someone in all communities who can help with this process.

The skills needed for the league to be successful are clear: editing and publishing the newsletter, note-taking at board meetings, social media, film segments for newsletter and building and maintaining the web site. All volunteers must become familiar with how local boards operate as well as the existing zoning ordinances. Creating a citizen’s handbook is a good first step

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RYE, N.H. from page 13 and a very visible contribution for the new league. Good public relations on all levels are necessary, especially at all public gatherings where information on the league may be distributed and questions answered.

Cities can adapt and create civic leagues for different neighborhoods to focus on local issues as well as those more city or county wide. Communities with strong county governments will also benefit from a league by reporting on both county and town council actions. The specific actions of the Rye Civic League provide a foundation by which any community can adapt a league to suit their needs.

Finally, it is important to become educated about the political history of your community through annual town and city reports, historic newspaper archives and interviewing long-time residents. Become informed about current challenges facing the town such as environmental issues, housing, schools, over- development, enforcement of zoning ordinances, effectiveness of town boards, hiring practices of local government, etc.

Based on the Rye experience, the benefits of a civic league are self-evident, the most important being that citizens will have free monthly access to comprehensive information on local government. That can be transformative for any community.

Final Thoughts During the late twentieth century, interest in local civic affairs began to wane in favor of following national political ideologies and personalities associated with them. Partisan divides began influencing local issues. This shift was a great loss for local democracy because prior to that time, people in New Engwww.nhmunicipal.org

land and beyond were engaged in direct democracy through annual town meeting debate and elections as well as public hearings and city council meetings and running for these public offices. People were more active in influencing decisions that impacted residents.

There are grassroots civic organizations in most communities that are often driven by one issue such as a controversial development proposal or controlling taxes. The last such single-issue group in Rye was a wellorganized “Save Rye Harbor” group in 2010 that opposed a housing development, but it disbanded after the development was approved. Few other groups in the country do what the Rye Civic League does - providing monthly, comprehensive coverage of town government through a free newsletter.

The survival of democracy at the local level needs this kind of civic league, especially because daily newspapers

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and especially radio stations have been gutted of local news.

The RCL will soon try to help a neighboring town to start a league. Its model could be disseminated in the United States via a grant or other means. The Rye Civic League has a 35-year history of living up to the public obligation of those Greek citizens 2500 years ago, debating and influencing decisions in the shadow of the Acropolis.

Alex Herlihy is a native of Rye, New Hampshire, a retired high school history teacher and former co-editor of the Town News of the original Rye Civic League.

He revived the league in 2009 and currently serves as its vice president.

Article reprinted with permission from the National Civic League whose mission is to advance civic engagement to create equitable, thriving communities.

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15

Taking the Mystery Out of Fund Balance

By Katherine Heck, Government Finance Advisor Municipal officials are often asked to explain to constituents the mystery around unreserved fund balance. Questions abound surrounding this complex topic, especially during the development of the budget and the annual meeting process. To assist the electorate in understanding unreserved fund balance, this article will explain the function of fund balance in government while keeping the citizen perspective in mind.

The average constituent might think of fund balance within the context of a regular checking account, but governmental finances do not operate like personal spending accounts.

The term “fund balance” is one that is frequently used in governmental financial reporting to indicate a positive or negative change to a municipality’s fiscal position; however, a fund balance is not the same thing as keeping cash in a checking account.

What is Fund Balance?

In government accounting, fund balance is the difference between assets and liabilities resulting in a surplus or a deficit. A common misconception is that fund balance is a cash account, associated with or correlated to a government’s bank account balance. But unlike a personal bank account, a general fund balance is not a “cash-account;” it is a measure of equity between revenues and expenditures. Government fund accounting is unique to the public sector (i.e. cities, towns, schools) and requires separate self-balancing Fund Balance is the total accumulation of operating surpluses and deficits since the beginning of a local government’s existence.

The Fund Balance Formula: Fund Balance = Assets – Liabilities

Year Operating Surplus / Deficit Revenue The difference between a unit’s revenues and expenditures for a fiscal year.

End Expenses Fund Balance Total Revenues – Expenditures =Operating Surplus / (Deficit)

Fund Balance is $0 the total accumulation of operating surpluses and deficits since the beginning a local2022 government’s existence.

2018 2019of 2021 The Fund Balance Formula: Fund Balance = Assets – Liabilities Operating Surplus / Deficit The difference between a unit’s revenues and expenditures for a fiscal year.

Revenues – Expenditures =Operating Surplus / (Deficit)

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accounting entries to track each fund’s revenues and expenditures. In the private sector it would be defined as a company’s working capital, but in public sector, it is referred to as fund balance. In government finance, the retention and use of unassigned fund balance assists in measuring the financial health of an individual fund, such as the general fund.

Why isn’t all fund balance returned to the taxpayers at year end by using it to lower the tax rate?

Fund balance is sometimes misunderstood and criticized as an unnecessary accumulation of money that could be used to lower taxes and fees. A municipality’s ability to use unassigned fund balance can be seen as a driving factor behind maintaining stable tax rates. As a financial tool, the main objective of establishing and maintaining fund balance reserves is to create a strong fiscal position that will allow a local government to weather negative economic trends and unforeseen circumstances. Essentially, maintaining the appropriate level of fund balance will mitigate current and future risk and to ensure a stable cash flow.

What is the relationship between the annual budget, fund balance and cash flow?

Budgets serve a different purpose in a government than they do in a private sector business. In a business, the budget is a plan to shoot for—often an aggressive plan that a business may or may not be likely to achieve. In the public sector, a local government creates a comprehensive plan to provide a desired level of services defined by local priorities through the budget process. In other words, a local government budget is a statement of policy and values.

In a government, the expenditure side of the budget is called “appropriations,” and it is the legal authority for the governing body to provide a given level of service granted by the legislative body. The revenue side is the income a local government needs to pay for all of the services it provides. The major sources of revenue for a municipality include taxes, service charges, and fees. These revenue sources help a municipality gain financial stability, broaden the tax base, and expand the types of activities and services available; they are www.nhmunicipal.org

also largely independent of state and federal funds. Taking the Most municipalities depend on revenues collected during a single period, despite having consistent, year-round expenses.

Adequate fund balance allows local officials to maintain a stable set of public services throughout an entire budget cycle because a typical municipal cash flow cycle will have cash on hand amounts decreasing as the June and December tax collection approach.

Unlike a business, municipalities do not have the ability to raise additional revenues during the fiscal year. A local government relies on drawing down existing fund balance (excess capital) to ensure adequate cash on hand is available to meet expenses before collections arrive.

Understanding that the natural revenue cycle within a local government is directly tied to fund balance reserves allows for the prudent management of financial resources throughout the year. When cash flow is under stress, a municipality may issue short term debt to cover the gap, requiring an interest cost to maintain steady operations and introducing risk. Adequate fund balance negates that need, saving resources that would otherwise be spent on servicing the cost of that debt. A strong fund balance will allow the municipality to meet cash flow needs, complete scheduled projects, and provide a contingency in the case of an emergency or disruption in revenues.

Fund balance also has credit rating implications. According to the published local government rating methodology from Moody’s Investors Service, “a fund balance between 15% and 30% of revenues is needed to receive a scorecard value of “Aa.” This supports the importance of each municipality adopting a policy that reflects a strong fund balance approach to meet both short-term and long-term financial goals.

www.nhmunicipal.org

How much fund balance should a local government retain?

There is no single answer to this question, as each municipality should analyze its own unique circumstances to determine the appropriate level of fund balance to retain. Some concepts and best practices to consider have been developed by the Government Finance Officer’s Association (GFOA).

Let’s begin by stating that zero is not an advisable option. Every government entity requires some level of fund balance for cash flow purposes and for responses to emergencies.

There is an appropriate range of fund

balance because it is possible to have too little, but it is also possible to have too much. Key factors to consider when establishing an appropriate level of unreserved fund balance include: Considering a policy that targets an amount equal to two months of operating expenses, including debt service obligations.

Generally, the GFOA recommends a range of 5% to 15%, regardless of the size of the municipality.

The New Hampshire Department of Revenue Administration (DRA) recommends 5%-17%. The higher percentage takes into account that New

Healthy Municipal Budget CycleHealthy Municipal CycleFund Balance CoversBudget Expenses Fund Balance Covers Expenses

$3,500,000.00 $3,500,000.00

Strong Begining Fund Balance Strong Begining Fund Balance

$3,000,000.00 $3,000,000.00

Fund Balance and cash are Fund Balance and cash are stressed but still positive stressed but still positive

$2,500,000.00 $2,500,000.00

$2,000,000.00 $2,000,000.00

$1,500,000.00 $1,500,000.00

$1,000,000.00 $1,000,000.00

$500,000.00 $500,000.00

$0

$- $

0

$-

Jan-21

Jan-21

Feb-21

Feb-21

Revenue Revenue

Mar-21 Apr-21 May-21 Jun-21 Mar-21 Apr-21 May-21 Jun-21

Expenditures Expenditures

Jul-21 Jul-21

Aug-21 Aug-21

CashFlow Flow Cash

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Oct-21 Oct-21

Nov-21 Nov-21

Dec-21 Dec-21

FundBalance Balance Fund

Strained Municipal Budget CycleStrained Municipal Budget CycleExpenditures Exceed Fund Balance Expenditures Exceed Fund Balance Ecomomic strees or unforseen circumstances in negative fund Ecomomic streesresults or unforseen balance and cash flow circumstances results in constraints negative fund balance and cash flow constraints

Weaker Begining Fund Balance

Weaker Begining Fund Balance

Jan-21

Jan-21

Feb-21

Feb-21

Mar-21

Revenue Mar-21

Revenue

Apr-21

Apr-21

May-21

Jun-21

Expenditures May-21

Jun-21

Expenditures

Jul-21

Jul-21

Aug-21

Sep-21

Fund Balance Aug-21

Sep-21

Fund Balance

Oct-21

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Nov-21

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Cash Flow Nov-21

Dec-21

Cash Flow

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Closing Thoughts

FUND BALANCES from page 17 Hampshire is one of the most heavily reliant states on property tax as revenue for the operation cities, towns, schools, and counties.

Determining and maintaining appropriate fund balance levels requires regular analysis and monitoring. In light of economic trends, risk tolerance, or emergencies that impact a municipality, levels of unassigned fund balance may need to be adjusted as a budget grows and new debt service obligations are issued. Some elements to consider might be a historical review of the timing of how revenues are received, and expenditures are paid. Also consider the impact of revenue and expenditure patterns on cash flow and peak cash flow needs over most recent years. Determine the available cash needed for emergencies during peak cash flow needs and perform an assessment of the municipality’s risks which could occur simultaneous with peak cash flow needs.

There are several different subcategories when it comes to fund balance, and this article focuses on the unassigned fund balance, which are available reserve funds that can be used or spent in the upcoming budget year.

The governing body may appropriate any amount of the undesignated fund balance in excess of the designated retained percentage to offset property taxes as part of the final adopted budget for a fiscal year. In addition, excess funds may also be used for capital improvement projects, equipment replacement, and other similar budgetary needs, but these actions may require legislative body approval.

A policy should be developed which clearly states when fund balance reserves will be used, how they should be used, how the reserves will be replenished (and how quickly), and what happens when fund balance or reserves drop below the designated levels. Defining these conditions and triggers will help minimize misinter-

pretations associated with the use of fund balance.

In conclusion, defining fund balance uses and limits for your municipality within the scope of a policy ensures a balance exists between collecting more taxes than are necessary while still allowing for the prudent accumulation of funds. A municipality will be well served by maintaining a reasonable fund balance. This financial tool will help to bridge cash flow, avoid interest costs from short-term borrowing, preserve credit ratings, and provide a buffer against revenue shortfalls or expenditure overruns.

Katherine Heck is the Government Finance Officer for the New Hampshire Municipal Association. Katherine can be reached by telephone at 603.224.7447 or via email at kheck@nhmunicipal.org.

Resources: 1. “Rating Methodology: US Local Government General Obligation Debt,” Moody’s Investors Service. September 27, 2019. p.13.

2. “Fund Balance Guidelines for the General Fund” Government Finance Officers Association. www. gfoa.org/ fund-balance-guidelines-general-fund

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Pursuing Racial Equity Through Intentional Community Engagement

By Haruka Margaret Braun, Intern NLC REAL Team

O

ne year after George Floyd’s murder sparked a national conversation about policing and race and millions worldwide to march in the streets in opposition to police violence, local leaders have responded. In the last year, the National League of Cities have helped local elected officials and their communities to pursue anti-racist policies and programs not only on public safety but in several policy areas.

For Black residents across the country, the conviction of Derek Chauvin was a too rare occurrence but an encouraging sign of accountability. However, many hesitated to call it justice. George Floyd did not deserve to die. Black, Latinx, Indigenous, Asian American, Pacific Islander and other residents of color continue to be failed by the very institutions tasked with protecting them. It is clear there is still more work to be done.

And that work is already happening. Communities across the country have initiated difficult but necessary conversations about racism and inequity particularly for their Black and brown residents. The COVID-19 pandemic shined a light on severe racial disparities and tensions across the nation, and the reality of the present-day implications of institutional and structural racism.

Black and brown communities were overrepresented in COVID-19 infections, hospitalizations, and deaths. Black Americans were 2.8 times more likely to be hospitalized with COVID-19, and were 1.9 times more likely to die from the virus according to CDC data updated through April 23rd We also continue to see lower COVID-19 vaccine rates. A study published by the Centers for Disease Control and Prevention’s National Center for Health Statistics found that life expectancy in Black populations declined the most in 2019, now at 72 years with a decline of 2.7 years. It is now at its lowest since 2001. These communities also suffer the most from the economic fallout of the pandemic.

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These harsh disparities have been exacerbated in other racial communities, as well. Prior to the pandemic, Indigenous people were already one of the most disadvantaged communities in the United States. During the pandemic, many Indigenous groups were left to fend for themselves to set up COVID-19 testing, secure supplies, and plan their economic recovery. Many communities also saw a rise in anti-Asian hate and attacks against Asian American and Pacific Islanders pointing to a worrying trend around xenophobia and racism for people of color. Successfully dismantling structural and institutional racism to create equitable, safe, and healthy communities will not happen overnight. It requires that local leaders actively implement anti-racist policy and ensure that such policies are supported by long-term and sustainable practices, values, and norms. Those elected to serve in leadership roles must actively, bravely, and intentionally choose every day to honor the legacy of Mr. Floyd’s life by critically reflecting on the history of racism in their communities and engaging directly with community members to begin and sustain the process of racial healing.

NLC has developed a framework to guide local leaders’ commitment to anti-racist policies and to prioritize racial equity, ensuring the safety and wellbeing of residents and businesses.

Normalize Normalizing conversations around racism and promoting racial equity is the first step toward putting your community on a path to racial healing. Many community members have not been offered spaces for the acknowledgement of the role local governments have played in past policies and practices that perpetuate racial disparities. Local leaders can be key in creating these spaces as safe and open for discussing both historical accounts and present-day forms of racism in the community. . It is crucial that these conversations center the voices of those most impacted and include individuals who have historically not been invited to the decision-makwww.nhmunicipal.org

ing table or part of the decision-making process. Municipalities are unique in their position to create space for community healing.

In Rhode Island, Mayor Jorge Elorza released the report, A Matter of Truth: The Struggle for African Heritage and Indigenous People Equal Rights in Providence, Rhode Island (16202020), this past March, detailing the centuries of systemic inequities faced

by Black, Indigenous and residents of color in Providence, RI. Created in partnership with community groups, this report highlighted the historical and present ways racism has shaped employment, policing, housing, urban development, education, and tribal sovereignty. By investigating and acknowledging the depth of the history of racial injustice and racial tensions in Providence, the city has taken a step forward in bringing communities members together on a path of racial healing.

Organize Once open community spaces for discussions on racial equity are created, leaders must work hand in hand with community members and activists to organize and implement policies that move towards racial equity. Often, this requests a different approach that centers those most impacted and vulnerable. This approach encourages elected officials to uplift and empower community leaders who already doing the work on the ground. Crucial in this process is asking the question: who is sitting at the decision-making table? Ensuring the inclusion of individuals who represent communities that have historically been left behind by government is imperative.

The City Council in Arlington, TX created the Unity Council in June 2020 to gather community input regarding measures to build racial equity and promote racial healing in their www.nhmunicipal.org

staff member, regardless of title, has a specified a role in diversity, equity, and inclusion (DEI) work becomes a clear determinant to a city’s commitment to racial equity goals. It is critically important that the city publicly demonstrates a collective and unified approach to racial healing.

communities. Made up of 15 members of the city’s Community Relations Committee and 15 additional members appointed by the City Council and Mayor, the Unity Council relies on active engagement from community leaders. The council was tasked with gathering community input on improvements to equity strategies and policies and presented a report of recommendations and findings. By uplifting and empowering the voices of those most impacted and creating spaces for relationship-building, Arlington took an intentional step toward healing racial divides in their communities.

Operationalize To create long-term and sustainable solutions that support racial equity, anti-racist policies and practices, new norms and values must be operationalized within a community. This translates to creating and supporting institutions and operations to ensure that commitment to racial equity becomes action. Operationalizing racial equity can and should take many forms.

For example, collecting disaggregated data and creating measurable outcomes for racial equity goals is key to measuring progress and creating accountability. Many cities have created a dedicated team and/or office to focus on l anti-racism work.

Across the nation, municipalities have hired and created chief equity officer roles. Ensuring that every municipal

In San Francisco, CA the Office of Racial Equity (ORE) was created in 2019 as a division of the Human Rights Commission. ORE serves as the city’s dedicated department to support the city’s racial equity goals and outcomes and requires that every city department designate employees as racial equity leaders acting as liaisons to the office. The office released the June 2020 Progress Report detailing the authority the office holds, as well as action steps taken since the creation of the office.

Looking to the Future Creating equitable communities that act as spaces for every person to thrive requires us to engage critically with the historical and present-day accounts of racism in our own communities.

As local leaders strive to reimagine government policies, procedures, and processes to build more equitable communities, NLC’s Race, Equity, and Leadership (REAL) team is available to help cities and towns learn the impact of historical inequities, equip leaders to have the tools necessary to have community-centered conversations, and design programs that dismantle structural and institutional racism.

Local leaders have shown their courage at answering the calls for racial justice and being intentional with racial equity commitments to community members. The work is just beginning.

Haruka Margaret Braun is an Intern on NLC’s Race, Equity and Leadership (REAL) team.

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Recent First Amendment Decisions of the U.S. Supreme Court

By Stephen C. Buckley, Legal Services Counsel

T

hree recent decisions by the U.S Supreme Court address local government operations that touch on the freedom of speech protected by the First Amendment.

Houston Community College v. Wilson In Houston Community College v. Wilson, the Court was asked to determine whether the verbal censure of David Wilson, a member of the Board of Trustees of the Houston Community College System, was an impermissible retaliation for exercising his freedom of speech denouncing actions of the Board of Trustees. The Court reiterated the general rule that the First Amendment prohibits government from subjecting individuals to retaliatory actions after the fact for having engaged in protected speech. A plaintiff pursuing a First Amendment retaliation claim must show that the government took an adverse action in response to her speech that would not have been taken absent the retaliatory motive.

In Mr. Wilson’s case the only element of his censure by his fellow trustees before the Court was their verbal statement that his conduct was not consistent with the best interests of the College. The Court concluded that the verbal censure did not prevent Mr. Wilson from doing his job, and it did not deny him any privilege of office, and even Wilson acknowledged the censure was not defamatory. Considering those circumstances, the Board’s censure did not materially deter Mr. Wilson from exercising his own right to speak, and therefore did not offend the First Amendment. Of note was the following statement in the decision about the freedom of speech and public service by elected representatives: In this country, we expect elected representatives to shoulder a degree of criticism about their public service from their constituents and their peers—and to continue exercising their free speech rights when the criticism comes. As this Court has put it, whatever differences may exist about interpretations of the First Amendment, there is practically universal agreement that it was adopted in part to protect the free discussion of governmental affairs. When individuals consent to be a 22

NEW HAMPSHIRE TOWN AND CITY

Key Takeaway: Public bodies can censure fellow board members for conduct that is detrimental to the best interests of the public body, and such verbal censures would not violate the First Amendment, provided the censure did not deny a privilege of office, and did not prevent the censured member from doing their job as an elected or appointed official.

candidate for a public office conferred by the election of the people, they necessarily put their character in issue, so far as it may respect their fitness and qualifications for the office. (citations & quotation marks omitted).

City of Austin v. Reagan National In City of Austin v. Reagan National the Court addressed an issue left unresolved from its decision in Reed v. Town of Gilbert and the regulation of off-premise signs.

Two outdoor advertising companies challenged a provision of the City of Austin sign code that prohibited changes to a grandfathered billboard because it was an off-premise sign.

The City had modified its sign code to define an off-premise sign to mean “a sign advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed.” The City Code prohibited the construction of any new off-premise signs, but allowed pre-existing off-premise signs to remain as grandfathered uses. However, grandfathered signs could not be modified to change the method or technology used to convey a message. When www.nhmunicipal.org

Key Takeaway: Municipalities can adopt sign codes that impose more stringent regulations or prohibitions for off-premise signs as opposed to on-premise signs. A sign code can define an off-premise sign as one advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed. A sign code that bans off premise signs should provide protection for pre-existing, nonconforming off-premise signs under RSA 674:19.

Reagan National Advertising of Austin sought to digitize some of its grandfathered, off-premise billboards the City denied those applications. Reagan National filed suit claiming the code’s prohibition on digitizing off-premise signs but not on-premise signs violated the First Amendment.

The Supreme Court had to resolve whether the Austin sign code provision was content neutral in its application to the Reagan National billboard. Under prior First Amendment rulings, anytime a sign code requires the government to read and interpret the content of a sign, a much more stringent level of legal scrutiny applies that renders the sign code provision unconstitutional.

Reed v. Town of Gilbert, 576 U.S. 155 (2015). However, in this instance the Court concluded that the challenged sign code only requires reading a billboard to determine whether it directs the reader to the property on which it stands or to some other, offsite location. Since the Austin sign code did not discriminate based on the topic discussed or the idea or message expressed it did not trigger a level of legal scrutiny that would have voided the regulation. Instead, the Court applied intermediate scrutiny and thereby ruled the Austin sign was facially content neutral and was thus constitutional on that basis.

Shurtleff v. City of Boston In Shurtleff v. City of Boston the Court has defined the difference between unconstitutional viewpoint discrimination and permissible control of the content of speech when government speaks for itself. www.nhmunicipal.org

For many years the City of Boston allowed private groups to raise a flag of their choosing at a flagpole near the entrance of Boston City Hall. This was permitted when a private group was hosting an event or other commemoration in the City Hall Plaza.

The City did not have a written policy limiting the use of the flagpole based on the content of the flag. In 2017 Camp Constitution sought permission to raise the Christian Flag (a red cross on a blue field against a white background) to commemorate the civic and social contributions of the Christian community. The City denied the request based on the concern that flying the flag would violate the Establishment of Religion clause of the First Amendment.

When government wishes to state an opinion, to speak for the community, to formulate policies, or to implement

programs, it can choose what to say and what not to say. Thus, local government can select what points of view it wishes to promote and not run afoul of the First Amendment. However, when government does not speak for itself it may not exclude speech as that constitutes impermissible viewpoint discrimination.

Examining the private flag flying history at Boston City Hall Plaza, and whether the public would view that activity as government speech, the Court concluded that the lack of any effort by the City to control and shape the messages meant this was not government speech but instead exclusion of a religious viewpoint in violation of the First Amendment. The Court did cite with approval a City of San Jose written policy that city flag poles are not intended to serve as a forum of free expression by the public and provided a list of approved flags that may be flown as an expression of the City’s official sentiments.

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

Key Takeaway: Municipalities can adopt policies that controls the content of signs and flags that are displayed at government venues.

First, a written policy should be developed that makes clear that the government venue is not intended to serve as a forum of free expression by the public, rather any sign or flag displayed is an expression of the sentiments of local government. Thus, where signs are allowed to be displayed on municipal property, those signs could be limited to community non-profit organizations that are promoting civic events. Similarly, if flags are allowed to be flown on a municipal flag pole, a list of approved flags could be provided.

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23

State House Report A Very Good Year Legislatively

By Natch Greyes, Government Affairs Counsel

I

n January, our greenhorn of a team was looking at the legislative term with some amount of trepidation, but the sky didn’t fall, and we approached the session the same way that you’d eat any elephant – one bite at a time. As it turns out, it was a very good year for municipalities. Despite not being a budget year, funding municipal interests turned out to be a top priority, particularly for the Senate, with approximately $100 million in direct payments coming to municipalities.

Meanwhile, few of the bills that we opposed ended up on the governor’s desk.

Looking back now at the legislative preview, some of the bills that we thought would be big fights – hand counting ballots (e.g. HB 1064) for instance – weren’t whereas others that we thought just made sense, such as funding municipal wastewater projects (HB 398) were bigger lifts than expected. It really boiled down to education. HB 398 was a bigger challenge because it wasn’t well-known among legislators that ARPA funding was not available for projects substantially completed prior to March 3, 2020, which included those wastewater projects. In contrast, the members of the committee that considered HB 1064 was already well-informed about election processes and could easily see the negative, real-world effects of requiring hand-counting. The groundwork for defeating that bill was laid not only in the experience of those representatives, but the years of testimony and other outreach that those interested in elec24

tions – including many local officials – had previously done with members of that committee. And, so, the challenge with HB 398 wasn’t so much overt opposition as fixing a misunderstanding about the availability of federal dollars for these particular projects.

The contrast between the two bills illustrates the importance of local officials raising their voices on matters of local concern and inviting members of the legislature to learn about municipal processes. As we’ve said previously, we know from long experience that the best way to get legislators to understand the effects of policies is to get them to hear from our members.

As with the ballot counting issue, that education isn’t something easily compressed into a 5-minute speech to a committee. It’s something that is, to use a phrase, a hands-on thing. Better done at the local level.

To that end, this year’s legislative ex-

NEW HAMPSHIRE TOWN AND CITY

perience has taught our government affairs team how important it is to do all we can to empower our members to better engage with their legislators.

So, this year, instead of simply doing our traditional legislative update at our annual conference, we’re also planning on conducting a Legislative Advocacy 101 program. In that program, we hope to teach local officials the basics of how things work in Concord. It’ll be a bit like NHMA’s popular spring program for new local officials, and hopefully as engaging as your fourthgrade tour of the state house. Be on the lookout for more information about that program in the schedule for our conference, which is taking place this year on November 16 and 17.

Other changes will be forthcoming as well. We are looking at revamping the bulletin to make it more responsive to our member’s needs. Regular readers have already seen one change – the inclusion of a regular feature in the bulletin before a session to remind members of NHMA’s position on bills to help them in their discussions with their legislators. We are also exploring how to make our positions on bills more accessible and available earlier than simply publishing them a week-inadvance in the bulletin. We know that our members are interested in different subjects, catch their legislators irregularly throughout the session, and want to be sure to prioritize their discussions based on what is important to them.

We hope to have a solution in time for next year’s legislative session. www.nhmunicipal.org

Looking back at our legislative preview article (January/February, 2022 issue), there are some subjects left undone. Remote meetings, for example, saw three bills filed – HB 1014, SB 322 & SB 384 – and killed this year. Despite valiant efforts on the part of legislators to reach a compromise, we were informed that it remained just out of reach for this year. Discussions, however, have already begun to try to reach a compromise next year.

The outreach and education that our members have engaged in over the past several years has been incredibly beneficial as we have engaged in those initial meetings.

Similarly, other legislation, such as HB 1134, establishing a committee to study proper labeling and disposal of disposable wipes, will likely lead to future legislation as well. Representatives from municipal wastewater facilities and, especially, the Department of Environmental Services, demonstrated the importance of cleaning up this issue.

Speaking of cleaning, late in the session, the Senate amended HB 1547 to add $25 million to the existing perfluorinated chemical (PFAS) remediation loan fund. That fund is already being used by municipalities throughout the state to help clean public drinking water of PFAS contamination, and we know that the infusion of additional cash will be much appreciated. In re-

www.nhmunicipal.org

lated news, we also learned that work is in progress to dedicate a further sum, approximately, $200 million to the PFAS problem, but details on that are still being worked out.

Overall, it was a very good year for municipalities legislatively. In a non-budget year, we helped secure more than $130 million for municipalities. Our prior record, as far as our staff is aware, was $50 million in 2020 for the setup of the PFAS remediation loan fund.

Meanwhile, municipal attorneys can continue to provide legal advice without fear of it being disclosed thanks to the demise of HB 1073, short-term rental mandates are off the table (for this year at least) with the defeat of SB 249, health officers can continue to fight pests and pestilence thanks to the eradication of HB 1272, and city councils can continue to solve local problems due to the double-drubbing of HB 1268.

We are looking forward to coming back to the legislature next year. We survived the year (and defeated HB 1033, the anti-lobbying bill), and laid the first course of bricks in our relationships with legislators and the general court staff. With your continued help and guidance, we are confident that this foundation will help us build a stronger, more engaged NHMA that will be able to respond more nimbly to an increasingly dynamic and unpredictable world.

Already we know that housing is going to be a big issue next session. Even though parts of the governor’s housing bill, SB 400, were eventually included in unrelated-HB 1661, the housing shortage issue isn’t going away before next session. We’ve already committed to working with partner organizations to find solutions that enable municipalities to find innovative ways to ensure an adequate supply of housing, and we are looking forward to having a seat at the table as those discussions continue.

What other issues await us next January cannot easily be predicted. While inflation and supply shortages will certainly continue to loom-large, we don’t yet know what, if any, federal efforts will be undertaken or what fruit those efforts may yield. We do know, however, that something unexpected is likely to occur, and whatever it is, we are here to work for and with you to tackle it. We look forward to hearing from you over the summer and fall and working with you as you work with your local legislators to design legislation that will help your community move forward.

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

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25

2023-2024 Legislative Policy Process 2023-2024 Legislative Policy Process Update FLOOR POLICIES DUE: August 12

POLICY CONFERENCE: September 23

NHMA’s legislative policy process is moving forward! Members received by regular mail in early June the links to the proposed 2023-2024 Legislative Policy Positions and Legislative Principles, as recommended by NHMA’s three policy committees. NHMA members will have an opportunity to vote on these proposals at the Legislative Policy Conference on September 23. We urge each municipality’s governing body, prior to the Legislative Policy Conference, to

vote a position on the recommendations and floor proposals (see below) to provide direction to your voting delegate at the conference. Otherwise, your delegate is free to cast your municipality’s vote as he or she chooses.

In addition, any municipality with an interest in proposing an additional policy may do so through the floor policy process, described below. We will be providing a copy of those floor policy proposals to members in advance of the policy conference.

NOTE: Please do not send your governing body’s vote results or positions to NHMA. Your governing body’s discussions and votes are only for the direction of your voting delegate. The only way a municipality may vote on these policies is to send a voting delegate to the policy conference on September 23.

NOTE: Please do not send your governing body’s vote results or positions to NHMA. Your governing body’s discussions and votes are only for the direction of your voting delegate. The only way a municipality may vote on these policies is to send a voting delegate to the policy conference on September 23.

Floor Proposals - August 12, 2022

The deadline for submitting floor proposals is Friday, August 12. A floor proposal will be accepted only if it is approved by a majority vote of the governing body (select board, aldermen, or council) of the town or city submitting the proposal, is submitted in writing, and is received no later than August 12. After that date, we will send all floor proposals received to each municipality so there will be an opportunity to take a position on them before the Legislative Policy Conference. Floor proposals may be submitted using the Floor Policy Proposal form, which is also available on the NHMA website under “Advocacy/Policy Setting Process.”

To submit a floor policy proposal, please e-mail it to governmentaffairs@nhmunicipal.org, or mail it to NHMA, 25 Triangle Park Drive, Concord, NH 03301.

Legislative Policy Conference- September 23, 2022

The 2023-2024 NHMA Legislative Policy Conference will be held on Friday, September 23, 2022, at 9:00 a.m. at our offices at 25 Triangle Park Drive, Concord, NH 03303. This is an in-person event. Each member municipality will be asked to appoint a voting delegate to cast its vote at this conference. Each member municipality, regardless of size, has one vote on all policy matters. About six weeks before the conference, municipal officials will be able to register online as voting delegates. We will send out a reminder email at that time.

In the absence of any other designation by the select board, aldermen, or council, NHMA will recognize one official as a municipality’s voting delegate in the following order of priority: Mayor/Chair of Board of Selectmen/Council Chair OR Mayor Pro Tem/Vice or Assistant Mayor/Council Vice Chair OR Selectman/Alderman/Councilor OR City or Town Manager/Town Administrator/Administrative Assistant

NHMA’s bylaws require a two-thirds affirmative vote of those members present and voting for approval of any NHMA legislative policy or principle.

Your Input Determines Legislative Policy for the Next Legislative Biennium 26

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

New Hampshire Municipal Association New2023-2024 Hampshire Municipal Association Legislative Policy Process 2023-2024 Legislative Policy Process New Hampshire Municipal Association 2023-2024 Legislative Policy Process Floor Policy Proposal Floor Policy Proposal Submitted by (name) ______________________________________________ Date_________________________ Submitted by (name) ______________________________________________ Date_________________________ City or Town _________________________Title of Person Submitting Policy _____________________________ City or Town _________________________Title of Person Submitting Policy _____________________________

Floor Policy Proposal approved by vote of the governing body on (date) ____________________________ Floor Policy Proposal approved by vote of the governing body on (date) ____________________________ To see if NHMA will SUPPORT/OPPOSE: To see if NHMA will SUPPORT/OPPOSE:

Municipal interest to be accomplished by proposal: Municipal interest to be accomplished by proposal:

Explanation: Explanation:

A sheet like this should accompany each proposed floor policy and should record the date of the governing body A sheet like this should accompany each proposed floor policy and should record the date of the governing body vote approving the proposal. It should include a brief (one or two sentence) policy statement, a statement about the vote approving the proposal. It should include a brief (one or two sentence) policy statement, a statement about the municipal interest served by the proposal, and an explanation which describes the nature of the problem or concern municipal interest served by the proposal, and an explanation which describes the nature of the problem or concern from a municipal perspective and discusses the proposed action which is being advocated to address the problem. from a municipal perspective and discusses the proposed action which is being advocated to address the problem.

Mail to 25 Triangle Park Drive, Concord, NH 03301; or email to governmentaffairs@nhmunicipal.org.

Mail to 25 Triangle Park Drive, Concord, NH 03301; or email to governmentaffairs@nhmunicipal.org.

Must be received by August 12, 2022.

Must be received by August 12, 2022. www.nhmunicipal.org

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UP CLOSE &

PERSONAL On the Board

W

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 one of our newest board members, Dale Girard, Mayor in the City of Claremont. Dale was elected recently to serve on NHMA’s board of directors.

TC: What are your duties and responsibilities as Mayor?

DG: The mayor of Claremont is recognized as the head of the City for all ceremonial purposes. I am expected to attend events which include the Governor, US Representatives, Senators, ribbon cutting ceremonies for business openings and groundbreaking events. My most important duty is working with the City Manager to coordinate our meeting agenda to ensure that we move important topics forward.

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

DG: My biggest challenge is setting policy because many decisions effect people who are in important roles within the community and I have gained a great admiration for them over the years: I realize any change effected by the Council’s decision could cause difficulties within their departments.

Dale Girard

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

DG: I find that the public perceives their mayor directs the day-to-day operation of the City. I receive calls and emails from residents when they disagree with rulings or department decisions. I always invite them to talk with me – either in person or by phone – I take time to listen, but at the end I often need to explain I’m not the correct person to work out the problem however I always give them a lead that empowers them to work on any changes they feel are warranted. Granted some of the changes required to address their issues are more attainable than others.

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

DG: NHMA is a great resource when council procedural questions arise — in fact any board member may reach out to NHMA for a legal opinion. NHMA is another tool in the elected official toolkit as it provides advocacy and events and training to support strong community leaders.

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

If so, please contact the New Hampshire Municipal Association at 603.224-7447 or tfortier@nhmunicipal.org.

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

DG: When I joined our council, my outlook changed. As a lifelong resident of Claremont, I believed I understood Claremont’s government. The reality is I did not understand government rules and regulations including the City Charter. The Charter dictates many of the functions in the community. Every day I continue to learn and gain more respect of the duties of our employees in the city.

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

DG: I witness citizens who show up at council meetings and they lash out at councilors.

They believe no one is listening. I have learned to be patient. I understand their anger is not with the council but with the problem which has been presented. The takeaway here is that one cannot take comments and concerns personally though at times it may be difficult.

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

DG: I recommend that anyone looking to become Mayor should ask questions about the time commitment. Meetings are only a small portion of our responsibility. There is often a steep learning curve for parliamentary procedure, meeting agendas need to be reviewed in advance, and you are expected to serve on committees within the City, County, and State. I am fortunate, working for myself, to have the freedom to speak with constituents, the City Manager, Councilors, and others during normal business hours.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

UP CLOSE &

PERSONAL In the Field

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Christopher Remillard, Chief of Police in the Town of Dunbarton.

TC: What are your duties and responsibilities as Chief of Police?

CR: As Chief of Police, I am responsible for the overall efficiency and operations of the Department to include budgeting, training, recruitment and retention, and community relations. Because we’re a smaller agency, I also respond to calls for service and conduct criminal investigations so the workload is spread evenly throughout the Department. Above all else, my job is to serve and advocate for my co-workers by ensuring that they have the equipment, support and resources that they need to do their job safely and effectively.

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

CR: I was promoted from a Patrol Sergeant to Chief of Police in January, 2022. As a new Chief of Police, I am still trying to balance my administrative duties with my desire to still be out on patrol. It’s tough being stuck at a desk sifting through paperwork and e-mails on some days but I’m working on striking a healthy balance. I certainly don’t want to lose my proficiency in patrol operations, so that’s something that I’m trying to be constantly aware of.

Christopher Remillard

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

If so, please contact the New Hampshire Municipal Association at 603.224-7447 or tfortier@nhmunicipal.org. www.nhmunicipal.org

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

CR: Throughout the years I have attended several NHMA workshops and trainings, all of which were extremely helpful. Legal Services has also been a very timely and important resource for a variety of legal questions.

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

CR: I think, that by-and-large, there is a lot of support for law enforcement here in New Hampshire. We still sometimes face unrealistic expectations from the public because of what people see on TV; that often leads to a healthy discussion about police practices, policies and operations. I have certainly found that taking the time to explain why we do things a certain way, when appropriate, leads to a greater level of understanding in the community.

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

CR: I am very fortunate to work in a supportive community. From the Board of Selectmen to the Town Administrator, Department Heads, support staff, Town employees and elected officials, there is a culture of teamwork and collaboration. I enjoy going to Town Meeting, drafting a yearly budget, preparing our Annual Report submission, and participating in various committees and projects. Municipal operations are fascinating to me and I’m always looking to learn more.

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

CR: Perhaps the two biggest lessons that I’ve learned since working in law enforcement is that you truly never know what someone is going through in their personal life; be empathetic, caring and respectful of everyone you come in contact with. Another would be that you just never know what some people are capable of when they perceive that they are backed into a corner and have no other options.

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

CR: Take as much training as you can, even if it may not be a topic that you’re particularly excited about. Become well-rounded in not just law enforcement, but human resources and personnel management as well. I would also strongly advocate for continuing your education in management, business, public administration, etc.

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29

Tech

Insights

By Keith Howarth, Communications Manager, VC3

Does Your Municipality Plan to Pay a Ransomware Ransom? States Starting to Say “No”

W

hen municipalities get caught off guard by a ransomware attack, they sometimes see paying the ransom as a way out. It’s not a pretty option, but it’s (supposedly) a way to get your data back in a worst-case situation.

These are just a few examples of states that are aggressively pursuing laws, with bipartisan support, that prevent municipalities from paying ransoms. Similar to data breach notification legislation or data privacy laws, it just takes a few states to set the example before other states follow suit.

However, cybersecurity experts and law enforcement officials have warned for years that paying a ransom is not the right decision for many reasons:

This is a good time to ask yourself, “Am I prepared for a ransomware attack without the option of paying a ransom?”

• 92% of impacted organizations don’t get all their data back. (Source) • 29% of impacted organizations cannot get more than half their data back. (Source) • Of those organizations that pay a ransom, 80% get hit again. (Source) • Cybercriminals may still be inside your systems after you pay.

• You are keeping cybercriminals in business and validating their business model.

• You may be funding terrorism, sex trafficking, drug trading, and other illicit activities.

• You are saying “Target me again!”

For those and many other reasons, municipalities should not pay a ransom. Yet, they do. To stop these payments from happening, states are seeking to deter municipalities.

• North Carolina: On April 5, 2022, North Carolina passed a law prohibiting municipalities from paying a ransom related to a ransomware attack and even communicating with any cybercriminals instigating the ransomware attack.

• Florida: HB 7055 (passed by the House and Senate and likely to be signed into law by Governor Ron DeSantis) also prohibits municipalities from paying a ransom.

• Pennsylvania: SB 726 passed the Senate but stalled in the House. This bill prohibits using taxpayer money to pay a ransom but makes an exception if the Governor declares a disaster emergency and deems paying a ransom to be necessary in that situation.

• New York: Senate Bill S6806A made it to committee in the Senate. Like the other bills, it prevents governmental entities (including municipalities) from paying a ransom related to a ransomware attack.

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NEW HAMPSHIRE TOWN AND CITY

If you’re concerned about this trend and don’t like the idea of a ransom payment removed from your arsenal, consider once again the above facts and statistics while also taking the opportunity (especially with ARPA funds) to put a foundation in place that helps you deal effectively with a ransomware attack.

1. Regularly patch your software.

2. Update your operating system.

3. Modernize your technology and get rid of legacy systems.

4. Build a highly available data backup and disaster recovery solution.

5. Monitor systems to proactively detect issues and contain damage.

6. Separate critical systems from less critical systems.

7. Never pay the ransomware ransom!

Kevin Howarth is the Communications Manager for VC3, the largest managed services provider focused on local government in the United States. His background includes 20 years of content marketing experience in information technology, cybersecurity, and municipal government.

About VC3

VC3 is a leading managed services provider focused 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.

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The

HR

REPORT

Collective Bargaining Factfinder Reports and the Impact of the New Hampshire Supreme Court’s Decision in Appeal of New Hampshire Troopers Association

By Anna B. Cole, Esq.

S

pring is here - the flowers are blooming, the birds are hatching, and labor negotiations are in progress or about to get underway in your communities. For many, the negotiation process has become relatively routine and is well-understood. But, as with the Right To Know law and its application to employee personnel records, interpretations of law regarding collective bargaining that were thought to be well-settled have been recently taken up by the New Hampshire Supreme Court and interpreted in a way that has significantly changed our understanding of post-impasse dispute resolution procedures. Specifically, the Court’s May 12, 2022 decision in Appeal of New Hampshire Troopers Association fundamentally changed our understanding of the use of fact finding in the negotiation process.

For background, the Public Employee Labor Relations Act, RSA 273-A (the “Act”), requires that parties negotiate in good faith towards a goal of reaching a tentative agreement. Commonly a negotiated tentative agreement includes items that have a specific cost (such as wages) and operational items that have no direct cost component, such as procedures for posting positions, resolving grievances, etc. If a tentative agreement is reached and is subsequently approved by both the union and the board of the public employer, the Act provides that “only cost items” resulting from the negotiations be submitted to the legislative body for funding. If the cost items are funded, then the tentative agreement becomes final and binding on both the employer and the union.

However, if negotiations have stalled and the parties declare an impasse, the Act specifies a dispute resolution process intended to assist the parties’ reach a new agreement. The first step is generally mediation, in which a neutral third party works with the parties to find common ground. If mediation is unsuccessful, the parties can engage the same or another neutral third party to review and assess each 32

NEW HAMPSHIRE TOWN AND CITY

party’s respective bargaining position and issue a report including recommended terms for a tentative agreement.

The “Factfinder” report may address any open negotiation issues, including both cost and non-cost items. The negotiating team for each party then has the opportunity to review and accept the Factfinder’s report and recommendations. If either negotiating team rejects the Factfinder’s report and recommendations, then the report is submitted directly to the full membership of the employee organization and the full board of the public employer, respectively, for a vote. If either party votes to reject the Factfinders’ report and recommendation, then it is submitted to the legislative body of the public employer, which “shall vote to accept or reject so much of the recommendations as otherwise is permitted by law.” RSA 273-A:12, III. Thereafter, “[i]f the impasse is not resolved following the action of the legislative body, negotiations shall be reopened.” RSA 273-A:12, IV. As the legislative body has the authority to approve or disapprove cost items, it has been generally understood that the legislative body’s approval of the Factfinder’s report is binding on the public employer, but not with regard to non-cost items. However, this issue had never been directly considered by the Court until its decision in Appeal of New Hampshire Troopers Association. In that case, the Union representing several bargaining units of state employees reached impasse in its negotiations with the Governor. The parties engaged a neutral Factfinder who issued a report and recommendations to resolve the impasse, which addressed both cost and non-cost items. While the Union accepted the report and recommendations, the Governor rejected it and declined to submit it to the Executive Council for consideration. The report was then submitted the Legislature, which voted to accept the Factfinder’s recommendations with regard to both cost and non-cost items. The Governor refused to implement the Legislature-approved cost items. The Union then filed a petition for declaratory relief from the PELRB, arguing that the Legislature’s approval www.nhmunicipal.org

was binding on the State, at least with regard to the cost items in the report.

This argument was rejected by the PELRB, which reasoned that , “[t] here is no provision in [the Act] which confers upon a legislative body any authority to establish, unilaterally or otherwise, the terms and conditions of employment for bargaining unit employees through negotiations or by vote on a fact finder’s report.”

On appeal, the Court upheld the PELRB’s decision. The Court held that a legislative body’s vote on a Factfinder’s report cannot be treated as binding on the public employer, even with regard to cost items, because such an interpretation of RSA 273-A:12 would effectively transfer the authority to negotiate the terms of the collective bargaining agreement

from the public employer’s executive body to its legislative body, in contravention of RSA 273-A. The Court refused to “interpret [the Act] in a manner that conflates the authority of a legislative body to vote on a factfinder’s report . . . with its authority to ratify cost items in collective bargaining agreements.”

As now clarified by the Court, a legislative body’s vote to approve a Factfinders report and recommendations is purely advisory on public employers. This means that, even if a report is approved, the board of the public employer may opt not to agree to a collective bargaining agreement consistent with those terms and instead resume negotiations with the Union.

Of course, such negotiations would occur in a political setting where the

Union is aware of the cost tolerance of the legislative body. Therefore, a public body should carefully evaluate the circumstances with legal counsel when deciding what steps to take if it finds itself in this position.

Anna Cole is a member of Drummond Woodsum’s Labor and Employment Group. Her 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.

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33

NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

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

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Your Community Adopted an Updated Mitigation Plan – Now What?

By Stephanie Alexander, Central NH Regional Planning Commission (CNHRPC) Senior Planner

M

unicipal Hazard Mitigation Plans (Plan) are developed and approved every five years to help protect people, property, and infrastructure from natural hazards and severe weather events. Most Plans consider several human and technological hazards too. Regional planning commissions (RPCs) offer Plan updating services to their communities and work with local Hazard Mitigation Committees (HMC) to complete the updated Plan cooperatively using federal funding and local in-kind match. RPCs regularly communicate with the NH Department of Homeland Security and Emergency Management (NH HSEM) to understand the content needed for the local Plan update. Once a community has a new Federal Emergency Management Agency (FEMA) approved Plan in hand for the next five years, what should be done with the Plan?

Implementation is the greatest opportunity a Hazard Mitigation Plan can offer, yet this important step is the one most often skipped during the Plan’s lifecycle. Proactive planning can be difficult when naturally responding to the immediate needs of the community first, but Plan implementation can become part of the municipal services. Reasons why the Plan should be implemented include: • Federal Grants. Projects listed in the Plan often require funding the municipality may not be able to raise. With an updated Plan, the community can access several FEMA grants that can help pay for most of certain projects. Eligible Hazard Mitigation Assistance (HMA) grant programs requiring an active Plan can change every few years. FEMA has a brochure online describing their HMA programs and types of eligible projects at https://www.fema.gov/sites/default/

NEW HAMPSHIRE TOWN AND CITY

files/documents/fema_hma-trifold_2021.pdf.

• Funding Leverage. Once a mitigation project is identified in the Plan, the project can be considered by many departments, boards, or committees within their budgets and planning processes. A single project identified to solve a problem in the community which is listed in one or more long-term planning documents may get more attention and consideration by state, local or non-profit funding programs because it has more support and added value.

• Hazard Mitigation Committee (HMC). Yes, the Hazard Mitigation Committee just completed months of work to produce an updated Plan and folks are weary. The HMC probably includes representatives and staff from the Planning Board; Fire and Rescue, Police, and Highway Departments; Town Administration; Library; Conservation, Energy, and Recreation Commissions; Board of Selectmen; interested residents; business representatives; and others.

However, this team offers the perfect grouping to share progress on mitigation projects, discuss other mitigation initiatives, locate funding, and collaborate to get the work done. Keep the HMC going after the Plan is completed and give yourselves a three-month breather after the Plan is approved by NH HSEM and FEMA before starting implementation meetings.

• Completed Mitigation Projects = A Safer Community. The main purpose of the Plan is to identify projects to correct long-term vulnerabilities to natural hazard events. Some of these could be partly fundable through federal HMA grants. Projects could include: • Planning regulation & ordinance revisions.

Example: Revise the subdivision and site plan review regulations to require road elevation and/or more than one egress for new developments to reduce safety risks from wildfire, winter, and wind/tropical events. www.nhmunicipal.org

• Structural projects. Example: Upgrade culverts for better stormwater drainage to reduce the impacts of flood and erosion and to prevent washouts and overtopping.

• Natural systems protection. Example: Encourage tree plantings around buildings and to shade parking lots to reduce the effects of drought.

• Public education. Example: Encourage residents to sign up for CodeRed to reduce potential injuries from severe weather events through preventative notification.

that occurred in your community to continue the history of impacts.

2. Coordinate annual completion of active priority mitigation projects (Short Term 1-2 Year and Ongoing actions) by assigning to the responsible department or board.

3. Ensure the department/board seeks funding for mitigation projects or provides staffing support to complete the priority actions.

4. Evaluate the effectiveness of the Plan each year and hold onto the notes. This FEMA suggestion can help the HMC determine what needs to be improved in the five-year update.

The first steps to implementing a fresh Hazard Mitigation Plan can be daunting, but the HMC already has their tools in place to succeed. The HMC should meet about four times per year to complete a rolling list of annual tasks to update and implement the most important Plan sections:

5. Obtain a verbal account or written progress report on the status of each priority mitigation project and document the results.

1. Document new hazard events

6. Work on certain Plan sections:

www.nhmunicipal.org

update the Mitigation Action Plan, reprioritize actions, and review impactful hazards for the current year. Be sure to retain the revised digital Plan revision files for the following year(s) and the next five-year Plan update.

7. Repeat!

Don’t hesitate to reach out to your local regional planning commission to ask about implementing your municipal Hazard Mitigation Plan. After all, they likely assisted your community with its development. Contact information for all RPCs can be found at https://www.nharpc.org.

Currently, eligible communities are beginning to update their Plans through the Building Resilient Infrastructure and Communities (BRIC) 2020 grant.

Stephanie Alexander is Senior Planner with the Central NH Regional Planning Commission (CNHRPC). She can be reached by phone at 603.226.6020 or via email at salexander@cnhrpc.org.

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Legal

Q and A How to Fill a Vacancy on an Elected Board

By Jonathan Cowal, Municipal Services Counsel

N

ow that election season is over and we are reaching the summer months, it is unfortunate yet inevitable that some towns may experience vacancies in their elected positions. Local officials can unexpectedly resign, move out of town or even pass away, leaving their position vacant and in need of replacement. The process for filling a vacancy can depend on how the vacancy came about and what position has been left vacant. This article will cover some of the basics when it comes to vacancies.

Q. What constitutes a vacancy?

A. The term “vacancy” is defined in RSA 652:12 when it comes to elected officials. The statute lists several ways a vacancy can occur after an election, but before the end of the term of office. They are as follows: 1. The elected official dies, resigns, or ceases to have domicile in the state or the district from which they were elected.

2. A court determines that the elected person is insane or mentally incompetent.

3. The elected person is convicted of a crime that makes them ineligible for office.

4. The person fails or refuses to take the oath of office or to give or renew an official bond if required by law.

5. The person elected has their election voided by a court or Ballot Law Commission decision.

6. This person is a member of the general court of New Hampshire and is called to active military service or service that causes them to be unable to perform their duties.

As you can probably guess, some of these circumstances are rare occurrences. However, it is fairly common for people to resign, no longer have domicile in the state or district where they were elected and sometimes even refuse to take the oath 36

NEW HAMPSHIRE TOWN AND CITY

of office. When one of those circumstances occurs, it is important to know what next steps to take.

Q. What happens when someone resigns?

A. When it comes to municipal officials, there is no clear procedure for resignation laid out in the statutes. This can sometimes cause confusion when someone orally states that they want to resign, say after a contentious meeting, and then later changes their mind. It is also common for someone to announce their resignation but indicate that their resignation won’t take effect until some date in the future.

These situations can all cause confusion and there is little legal authority to turn to for clarification. The best practice would be to have a policy in place which requires resignations to be provided in writing and to take effect immediately upon submission of their letter of resignation. That way there is no confusion as to the person’s intent and it removes the concern of creating a “lame duck” period or any sense of impropriety caused by announcing a resignation to take place some time in the future. If there is no policy in place and someone tries to withdraw an oral resignation, the remaining members of the public body should ask the person to clarify their intent to continue as the best way to resolve the conflict.

Q. What happens if the person no longer has “domicile” in the town or jurisdiction?

A. The term “domicile” is defined in RSA 21:6 and :6-a.

A person chooses a domicile by actions that demonstrate a current intent to reside in a place for the indefinite future to the exclusion of all other places. A temporary absence from a place does not destroy domicile if there is an intent to return to the place. All elected officials are required to have their domicile in town under RSA 669:6. If an elected official no longer has their domicile in town, then under RSA 652:12 a vacancy is deemed to have been created. Determining whether an elected official still has their domiwww.nhmunicipal.org

cile in town can be addressed through an application to the town’s Supervisors of the Checklist seeking a correction of the checklist “based upon evidence that a person listed on the checklist is not qualified as a voter in the town. This is covered in RSA 654:36-a. If the Checklist Supervisors agree that the person in question must be removed from the checklist, then this would demonstrate he/she no longer has domicile in town.

Q. What if someone is elected to office but refuses to take the oath of office, or no one even runs for the position?

A. Sometimes it happens that the winner of an election may not want to fill the position. Many towns assume that the position must then be offered to the person who received the second most votes for that position, however this is incorrect. Once elected to office, the person has six days to appear before the town clerk to take the oath of office after receiving written notice that he or she has won the election.

If they fail to do so, a vacancy exists. If no one chooses to run for the position, the person who received the most write in votes is elected. If they decline the position by failing to take the oath of office, a vacancy exists.

Q. Who has the authority to fill vacancies in elected positions?

A. To determine who has authority to fill the vacancy, look for a statute that relates to that specific position. For most municipal positions, see RSA 669:61 through :75. For example, RSA 669:63 states that a vacancy on the board of selectmen is filled by the remaining members of the board, and if they fail to fill the position, any citizen of the town may petition the superior court to fill the vacancy. In addition to selectman, there are specific statutes relating to filling vacancies for: moderator, supervisors of the checklist,

town clerk, town clerk-tax collector, tax collector, auditor, treasurer, trustee of trust funds and highway agent. To fill vacancies on the budget committee, see RSA 32:15, VII; and to fill vacancies on the land use boards (planning board, zoning board of adjustment, historic district commission), see RSA 673:11 and 673:12. If there is no statute relating to a particular position, see RSA 669:75, which governs filling vacancies in “other offices,” including constable, sewer commissioner, assessor, overseer of public welfare, library trustee and other optional offices where no method of filling vacancies has been provided by town meeting vote. In all these cases, the statute gives the board of selectmen authority to fill the vacancy.

To determine who has authority to fill vacancies in village district positions, see RSA 670:12; and for school district positions, see RSA 671:33.

Q. When filling a vacancy, is the position filled for the remainder of the term or just until the next election?

A. The answer to this question depends entirely on the position being filled. Some positions are filled only until the next election when a new person is elected regardless of whether or not there is time left in the term. For other positions, a person appointed to fill the vacancy will serve out the full remainder of the term. For example, under RSA 669:65 if there is a vacancy in the Town Clerk position, the Deputy Town Clerk shall serve until the next election. However, under RSA 669:73 vacancies in the office of trustee of the trust fund are filled until the end of the unexpired term, even if that means going past the next town election.

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

Roberts & Greene, PLLC

Comprehensive Governmental Auditing and Accounting Services Contact us for: Accuracy Communication Timeliness

47 Hall Street Concord, New Hampshire

www.nhmunicipal.org

Audits of Financial Statements Financial Statement Preparation Accounting Assistance Staff Training Management Advisory Services

603-856-8005 Email: info@roberts-greene.com

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NHMA Mourns Passing of Board of Director, Bill Herman William “Bill” Herman, 65, of Concord, N.H., passed away on May 10, 2022, in Concord, N.H. Bill had served in various positions and capacities with the New Hampshire Municipal Association for nearly twelve years. Starting in 2010, Bill served as a member of the Committee of Government Affairs, which then became the Municipal Advocacy Committee in 2011. Bill also participated in NHMA’s legislative policy process for many years, and In 2017, he was awarded the Russ Marcoux Municipal Advocate of the Year in recognition of his legislative advocacy work at the State House. Bill had served as a board of director since 2013.

Bill was a public servant to his toes. He was a good and kind man of unquestionable integrity. He had a genuine understanding of people, he loved mentoring, and was an articulate advocate for the towns and the residents he served. Bill thoroughly loved and enjoyed his work for the towns he served as is evident in this posting on the Town of Auburn’s website: We are saddened to announce the death of long-time Auburn Town Administrator Bill Herman. Bill had been battling cancer for a few years and recently had to take a leave of absence. For over 15 years Auburn was Bill’s home away from home. Even though never being a citizen of Auburn, he loved our town and his job, this town became a large part of his life.

Bill spent countless hours supporting the Board of Selectmen, town departments, employees and committees. He consistently went above and beyond sitting in meetings he was not required to attend or attending town events to show his support to the community. Bill could be found eating pie at the Auburn Historical Duck Race, helping at the town E-waste Day or just taking in the events at Old Home Day. It's impossible to put what Bill meant to Auburn in a few paragraphs, we will forever remember his positive impact on the Town of Auburn and will often recall the lessons learned through his guidance and advice. While we need to move forward as a town, Bill’s legacy will last all our lifetimes. We will forever be grateful.

Below are excerpts of Bill’s legacy as published by the Union Leader on May 25, 2022.

Before moving to Concord in 1995, Bill lived in Weare, N.H., for 26 years. Bill had an early passion for government and community service. Bill was one of the founding members and chair of the Weare Junior Historical Society. During his tenure, the WJHS celebrated the 200th anniversary of Weare's Pine Tree Riot, published a booklet on the event, and received a proclamation from the governor declaring Pine Tree Riot Day. Bill was just getting started.

While living in Weare, Bill put his love of government and community service in motion. He was the Supervisor of the Checklist for several years, before being elected to the Weare Board of Selectmen, where he would serve for 24 years. As a selectman, he served on many of the town's boards. During his tenure on the Weare Planning Board, the Town adopted its first building code and zoning ordinance. Bill was Chairman of the Concord Regional Solid Waste/Resource Recovery Cooperative for 35 years. He also was the longest serving commissioner on the Southern New Hampshire Planning Commission, serving 30 years. The Commission's conference room is named in his honor. Bill also served as the Treasurer for the New Durham Food Pantry for 16 years. Bill would go on to complete the New Hampshire Certified Public Managers Program. He served as the Town Administrator in the towns of Milton, N.H., and New Durham, N.H., before most recently serving as Town Administrator for the Town of Auburn, N.H. for the past 16 years. Throughout Bill's long career in public service, he received many well-deserved awards and distinctions.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Free Certificate Program

Academy for Good Governance

Build Your Leadership Skills.

The Academy for Good Governance is a series of six courses created by NHMA and Primex, exclusively for elected governing body members (select board, town council, city council, board of aldermen, school board, and village district commissioners). Courses are taught by experienced attorneys and staff from NHMA, Primex, HealthTrust, and the New Hampshire School Boards Association (NHSBA). Attendees will receive education and training intended to make them more knowledgeable and effective in their governing body roles.

Attendance at the Academy is free and open to governing body members from municipalities and school districts that are members of NHMA, Primex and NHSBA. Space is limited, and registration will open on the NHMA website in March. Attendees must attend all six courses to receive a Certificate of Completion. All classes run 5:00 pm—7:00 pm. with classes in September and October.

CREATE NEW CONNECTIONS www.nhmunicipal.org

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GETTING USED TO DIFFERENT:

Reinvent Your City and Municipal Management Post-Pandemic Every city, town and municipal manager and leader can reinvent themselves and their leadership in a personally challenging and value-changing presentation that will change your city’s/town’s strategic outlook. Change is happening! It is clear that your realities have changed due to changes in the economy, social/cultural transition, Millennials coming of age, mobile public, technological advances and demographic trends.

TWO DAYS OF NETWORKING AND TRAINING

—————————————————————————————————-

NHMA’s 81st Annual Conference and Exhibition November 16-17, 2022 ————————————————————————————————— DoubleTree by Hilton Downtown Manchester Hotel We are excited that this year’s conference will be held in person again! The conference will take place at the DoubleTree by Hilton Manchester Downtown Hotel in Manchester both days with simultaneous live-streaming for virtual attendees.

KEYNOTE SPEAKER: Jim Mathis, The Reinvention PRO™ Jim Mathis is a bestselling author, corporate speaker and trainer, International Platform Certified Speaking Professional (IPCS), Certified Speaking Professional (CSP), and Certified Speaker & Trainer with the International John Maxwell Team (CJMT). He has been writing, speaking, and consulting for over 40 years with proven results. Jim has a passion to help leaders who want to improve their skills and reinvent their organizations in changing and challenging economies.

Registration opens September 12, 2022.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

If you’re not getting it, you’re not getting it.

Don’t be caught without it!

NewsLink gives you all the latest information on upcoming workshops, webinars and other training events.

The E-newsletter of the New Hampshire Municipal Association

This bi-weekly electronic newsletter is the most comprehensive resource for local government officials in New Hampshire.

To get all the news you can’t afford to miss, subscribe to NewsLink at www.nhmunicipal.org.

www.nhmunicipal.org

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41

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A suite of innovative software designed to simplify daily operations

Registration and licensing software for municipal clerks.

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NEW HAMPSHIRE TOWN AND CITY

Inter ware Development www.nhmunicipal.org

Court

Update

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

Now available online:

May 2022 When Expressing Official Points of View, Local Government Can Control the Content of Signs and Flags Displayed on Municipal Property Under a Written Policy, Shurtleff v. City of Boston, United States Supreme Court Docket No. 20–1800, 05/02/2022

April 2022 The State Supreme Court Essentially Affirmed the Superior Court’s Opinion that an Investigative Report into a Police Officer’s Conduct is Subject to the Privacy Interest v. Public Interest Balancing Test, Provenza v. Town of Canaan, New Hampshire Supreme Court Case No. 2020-0563, 04/22/2022 Municipalities Can Adopt Sign Codes that Impose More Stringent Regulations or Prohibitions for Off-premise Signs as Opposed to On-premise Signs, City of Austin v. Reagan National, United States Supreme Court Docket No. 20– 1029, 04/21/22

March 2022 Public Bodies Can Censure Fellow Board Members for Conduct that is Detrimental to the Best Interests of the Public Body, Houston Community College v. Wilson, United States Supreme Court Docket No. 20–804, 03/24/2022

2022 Budget & Finance Hybrid Workshop 9:00 am - 4:30 pm

Tuesday, September 20, 2022 Derryfield Country Club, Manchester

THANK YOU TO OUR SPONSOR!

$90.00—In-person $70.00—Virtual

We are excited that this year’s Budget & Finance Workshop will be held in person! The full-day workshop will take place at The Derryfield in Manchester with simultaneous live-streaming for virtual attendees.

Please visit www.nhmunicipal.org for the latest event and registration details.

www.nhmunicipal.org

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Access to Employment Law Attorneys

at NO COST! Drummond Woodsum labor law attorneys are available to provide legal advice on matters including Title VII, Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, employee discipline, sexual harassment, wrongful termination and age, sex and race-based discrimination.

What Can You Expect?

Drummond Woodsum attorneys will be available to answer employment-related questions --before you act -- and will make every effort to have every call responded to within 24 hours by an employment lawyer. The Hotline attorneys will let you know if you are facing a potential liability and how to best proceed. Drummond Woodsum

will keep confidential any information which it receives relative to the employment matter.

Who Can Call the Hotline?

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

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

Got an employment issue?

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

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

GoGreen!

Green!

Go Green!

Help Us Go Digital!

HelpGo Us Go Digital!

Go Green!

Help Us Go Digital!

Digital!

Help Us Go Currently our our bi-monthly magazine, New Hampshire Currently bi-monthly magazine, New Hampshire

Town and our City, is published as a member benefit and Currently bi-monthly magazine, New Hampshire Town and City, is magazine, published asHampshire a member benefit and Currently New distributed to bi-monthly approximately municipal officials Town and our City, is published as 1,800 a member benefit and Town New and City, is published as2,300 a member benefit and distributed to approximately 2,300 municipal officials distributed to approximately municipal officials across Hampshire. distributed to approximately 2,300 municipal officials across New Hampshire. across New Hampshire. across New Hampshire.

We are pleased to continue to deliver the print edition to We are pleased to continue to deliver the print edition to digimember subscribers, however, should you find tothe We are pleased to continue to deliver the print edition We are pleased to continue the print edition to member subscribers, however, should to youdeliver find the digisubscribers, find thea digitalmember version sufficienthowever, and noshould longeryourequire print copy, tal version sufficient and no longer require a print copy, member subscribers, however, find the digital version sufficient andnhmainfo@nhmunicipal.org. no longer require a should print copy,you please let us knowatat please let us know nhmainfo@nhmunicipal.org. or byor by please let us know at nhmainfo@nhmunicipal.org. or by contacting TimFortier.

Fortier. tal version sufficient and no longer require a print copy, contacting Tim contacting Tim Fortier.

please let us know at nhmainfo@nhmunicipal.org. or by Thank foryour yourconsideration consideration to move a print Thank you your consideration move from a print Thank you you for for totomove from afrom print contacting Tim Fortier. edition to a digital version of Town and City magazine. edition digitalversion version of Town andmagazine.

City magazine. edition to to aa digital of Town and City

Help Us Out! Go Green with Town and City!

Help Us Out!Thank Go Green Green Town and City! you with for consideration Help Us Out! Go withyour Town and City! to move from a print Contact TimothyFortier, Fortier,Communications Communications Coordinator, atat603.226.1305 oror at and Contact Timothy Coordinator, 603.226.1305 at edition to a digital version of Town Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or atCity magazine. tfortier@nhmunicipal.org tfortier@nhmunicipal.org

tfortier@nhmunicipal.org

Help Us Out! Go Green with Town and City!

Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or at tfortier@nhmunicipal.org

Member Highlight: Classified Ads Postings

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

The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.

If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, please contact NHMA’s Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org.

www.nhmunicipal.org

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45

— This Moment in NHMA History — 1990 – 32 years ago…

In 1990, the New Hampshire Wellhead Protection Program was approved by the Environmental Protection Agency. The plan was to implement this program over a ten year period beginning with each municipality’s delineation of wellhead protection areas and an inventory of all potential contamination sources within these areas.

Legal services handled an average of 20.2 telephone calls per day with each call averaging 5.76 minutes confirming that daily telephone inquiries are NHMA’s primary member contact. As an aside, NHMA fielded over 26,000 calls in 1990.

Nearly all fifty states have some preferential assessment statute for certain land uses.

Some, like New Hampshire, have provisions for open space lands. In 1990, there were 231 towns having 2.4 million acres of current use land. After adjusting for non-taxable lands, this acreage represents approximately half of the remaining lands in the State.

?

?

NAME

THAT

TOWN OR

CITY

? ?

46

According to Wikipedia, this town was originally called “Chiswick” (Saxon for “Cheese Farm”) in 1764, the area was settled in 1769. The town was part of Lisbon until 1770, when it was granted as “Apthorp” in honor of George Apthorp, head of one of the wealthiest mercantile establishments in Boston, Massachusetts. The land was later passed to the Apthorp family’s associates from Newburyport, Massachusetts, headed by Colonel Moses Little. Colonel Little held the post of Surveyor of the King’s Woods, and the town was named in his honor when it was incorporated in 1784, the same year New Hampshire became a state.

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the July/August 2022 issue.

ANSWER TO PHOTO IN THE MAY/JUNE ISSUE: The photo on page 46 in the last issue of New Hampshire Town and City magazine is that of the town hall in the Town of Pittsfield.

Thanks to: Marshall A. Buttrick (Greenville); Bonnie Theriault (Pittsfield); Fred Welch (Ashland); Tammy Letson (Northumberland); and Barbara Cannon (Chester) who all responded with the correct answer.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Interested in Joining the Statewide Broadband Investment Planning Network?

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

Broadband planning network cost schedule, based on population:

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

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

Sign-up Today to Learn More About the Network If you are interested in learning more about this Network, please contact NHMA’s Executive Director Margaret Byrnes at 603.224.7447 or via email at mbyrnes@nhmunicipal.org.

Your name and contact information will be shared with NCDE, who will follow-up directly with you.

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

www.nhmunicipal.org

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MHEC: An Extension of Your Purchasing Department 12:00 noon – 1:00 pm Wednesday, July 27, 2022

Upcoming Webinars

The Massachusetts Higher Education Purchasing Consortium (“MHEC”), a not-for-profit, regional group purchasing organization, was formed to provide efficiencies and cost savings to its members. MHEC removes the complex process of going to bid, making sourcing products and services simple, and works as an extension of your purchasing department.

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

Please join MHEC’s Business Development Manager, Janet Garabedian, and Director of Marketing, Teresa Erman, as they review their recently launched online “i-buy marketplace” that makes searching, requesting quotes, and buying products as simple as point and click. Come learn about how you can get access to over 50 contracts with over 700 supply partners!

Funding Essential Community and Municipal Projects—USDA Rural Development, NH 12:00 noon - 1:00 pm Wednesday, August 17, 2022 USDA Rural Development is a federal agency focused on the needs of rural communities. USDA-RD offers loans, grants and loan guarantees to help create jobs and support economic development and essential services such as housing; health care; first responder services and equipment; and water, electric and communications infrastructure.

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

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NEW HAMPSHIRE TOWN AND CITY

Join Jon-Michael Muise, Area Director, Rural Development-NH/VT and Misty Sinsigalli, Area Director, Rural Development- NH/VT, from the United States Department of Agriculture who will provide an overview of USDA’s programs that can assist in funding your essential community projects, water and wastewater infrastructure, businesses, housing and much more!

www.nhmunicipal.org

Serving the Needs of New Hampshire Municipalities for Over 30 Years

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MUNICIPAL TECHNOLOGY SYSTEMS Cloud or Local Server Installations New Hampshire Based and Focused

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Periodical Postage Paid at Concord, NH

25 Triangle Park Drive Concord, NH 03301

Let the Fun Begin!

Summer brings out the happy child in all of us. HealthTrust’s Slice of Life and HealthTrust 360 programs provide the support and resources your employees, retirees and their family members need to achieve and maintain optimal health and make the most of New Hampshire’s sunny summer days. That could mean more fun times ahead for them, and a happier, healthier workplace for you and your staff.

800.527.5001 | www.healthtrustnh.org

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