New Hampshire Town and City, July-August 2017

July/August 2017

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Small Town Smart Use of Technology.........................8 State and Local Regulation of Drones.......................13 A Primer on Smart Cities............................................17 3D Mapping for Municipalities..................................21

Contents Table of

Volume LX • Number 4

July/August 2017

3 A Message from the

NHMA Executive Director

5 Happenings 7 Upcoming Events 30 Best Practice Series: Alternate Service Delivery: Shared Services 32 This Moment in NHMA History 34 Up Close and Personal in the Field: Deb Intonti 35 Up Close and Personal in the Field: Chris Sterndale 36 The HR Report: Workforce Availability and Its Implications for Regionalization 38 Legal Q and A: Cybersecurity for Local Governments

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Poor Mans’ Solution: How a Small Town Created Transparency and Efficiencies Through the Smart Use of Technology

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State and Local Regulation of Drones

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A Primer on Smart Cities: Using Technology and Intelligent Design to Make Cities More Livable, Workable and Sustainable

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Beyond Buildings and Bridges 3D Mapping for Municipalities

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Body Worn Cameras: New Law, New Considerations for Police Departments

Cover Photo: Plaistow Town Hall by Gayle Hamel, Administrative Assistant to the Town Manager, Town of Plaistow.

New Hampshire Town and City Magazine Staff

Executive Director Editor in Chief

Judy A. Silva Timothy W. Fortier

Contributing Editors Margaret M.L. Byrnes

Barbara T. Reid Art Director

Scott H. Gagne

Production/Design

Scott H. Gagne

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

NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2017 New Hampshire Municipal Association

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New Hampshire Municipal Association

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

Seated, left to right: Caroline McCarley (Mayor, Rochester), Elizabeth Fox (Assistant City Manager/Human Resource Director, Keene), Shaun Mulholland (Town Administrator, Allenstown; Treasurer), Donna Nashawaty (Town Manager, Sunapee; Vice Chair), Brent Lemire (Selectman, Litchfield, Chair), Candace Bouchard (Councilor, Concord; Secretary), Scott Myers (City Manager, Laconia, Immediate Past President), Priscilla Hodgkins (Clerk/ Tax Collector, New Castle), and Chris Dwyer (Councilor, Portsmouth).

Standing, left to right: Eric Stohl (Selectman, Columbia), Bill Herman (Town Administrator, Auburn), Patrick Long (Alderman, Manchester), Philip D’Avanza (Planning Board, Goffstown), Shelagh Connelly (Selectman, Holderness), Hal Lynde (Selectman, Pelham), John Scruton (Town Administrator, Barrington), Stephen Fournier (Town Administrator, Newmarket), David Caron (Town Administrator, Derry), Jim Maggiore (Selectman, North Hampton), Teresa Williams, Town Administrator, Wakefield,* Butch Burbank (Town Manager, Lincoln) and David Stack (Town Manager, Bow).

Missing: Ben Bynum (Clerk/Tax Collector, Canterbury), Elizabeth Dragon (City Manager, Franklin), and Nancy Rollins (Selectman, New London). *Teresa Williams resigned in November 2016.

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NEW HAMPSHIRE TOWN AND CITY

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A Message from the

NHMA

Executive Director Judy Silva

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HMA staff have been hustling over the past few months! Since mid-March, NHMA has presented six Local Official workshops, two Employment law workshops, two Hard Road to Travel workshops, the annual local welfare workshop, and 12 On Demand workshops. We’ve traveled from Nashua to Gorham, from Chesterfield to Hampton, and from Grantham to Conway. Three NHMA attorneys presented at the annual spring land use conference organized by the Office of Energy and Planning (on a Saturday) and NHMA staff teamed up with Drummond Woodsum attorneys and the International Municipal Lawyers Association (IMLA) for two separate well-attended workshops on employment law and municipal liability. All told, we will serve close to 1,000 individuals from member municipalities through these presentations and workshops.

In addition, NHMA released a brand new publication A Guide to Open Government: New Hampshire’s Right-to-Know Law in conjunction with a new full-day Right-to-Know Law workshop on June 8. Already booked to capacity by the end of May, we started a wait list and have a second workshop scheduled in September. We are very excited to be launching this new initiative to further NHMA’s role as a leader in Right-to-Know Law education.

While doing all this, staff have continued hosting monthly webinars, producing magazines and newsletters, and answering legal inquiries (406 in March, 266 in April, and 238 in May). On the legislative front, we weathered the legislative fall-out from the town meeting blizzard postponements, and we smiled as “crossover” passed, eliminating a number of bills from immediate consideration. As I write, we are beginning the end of the budget process—we hope. By the time you receive this magazine, we will all know if the State has a budget or if it is operating under a continuing resolution.

Other activities undertaken by staff include organizing and staffing the New Hampshire Road Agents Association’s Mountain of Demonstrations, which is held annually at Mount Sunapee resort, and this year drew record attendance (and an appearance by the Governor). We also helped organize and staff the New Hampshire Library Trustees Association’s Annual Conference, and have accepted two new groups for association management services. Internally, we have fully assumed NHMA’s financial operations from our contracted service provider, gaining control over our bank accounts and payroll processing.

We switched to a new telephone service provider, which means figuring out a new system and new phones, so I apologize if we have dropped any calls along the way! Finally, we received and presented a clean audit opinion to the board of directors at their June meeting.

With summer upon us, we plan to slow the pace just a little. I am so grateful for the people who work for NHMA, and for their drive to meet member demands for programs and services. Internally and externally, everything we do is designed to best meet member needs. As always, we thank you for your continuing support.

Warmest regards,

Judy Silva NHMA Executive Director

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Drones: The Sky Has its Limits Balancing Property Rights and Privacy Concerns

Wednesday, July 12, 2017 12:00 pm—1:00 pm

Upcoming

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

Drones: The Sky Has its Limits— Balancing Property Rights and Privacy Concerns

Running Effective Public Meetings

In 2016 the Federal Aviation Administration (FAA) issued new regulations addressing the use of small unmanned aircraft systems better known as “drones.” The FAA regulates restrictions to ensure safety of flight, and safety of people and property on the ground. States, including New Hampshire, are increasingly exploring their own regulation of drones. Laws traditionally related to state and local police power, including land use, zoning, privacy, trespass and law enforcement operations, are generally not subject to federal regulation.

With more than 2,500 drones already registered in New Hampshire, local governments are just beginning to navigate the federal framework in order to implement appropriate local controls resulting from the rapid deployment of drones.

Join Attorney Christopher D. Hawkins of the Devine Millimet law firm in Manchester to learn more about the impacts of the 2016 FAA drone regulations and recent legislative activity (HB 97) seeking to regulate the use of drones by government agencies and individuals in the Granite State. This webinar will focus on what municipalities can and cannot do to combat privacy, noise, nuisance issues and other land use issues raised by drones, through the types of ordinances allowed or not allowed due to FAA-preemption.

Running Effective Public Meetings Wednesday, August 16, 2017 12:00 pm—1:00 pm Meetings are an essential part of government and fill an increasing number of hours in the workday for all of us. Although meetings are just a small cog in the machinery of government, they present an opportunity to organize, share information, collaborate with others, and tackle organizational goals and objectives efficiently.

This webinar is designed to help you make the most of your meetings. Join Laconia City Manager Scott Myers and NHMA Staff Attorney Margaret Byrnes for helpful tips, tricks and techniques on how to run an effective meeting that will leave your board and staff members feeling energized about their work. It will also feature practical suggestions as well as the legal framework you need to know to keep the business of your meetings on track.

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

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

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NEW HAMPSHIRE TOWN AND CITY

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HAPPENINGS No Road Hard to Travel with NHMA’s Buckley and Byrnes

Deshaine Welcomes Members to Stratham Stratham Town Administrator, Paul Deshaine, welcomed elected and appointed NHMA members at the Local Officials Workshop held at town offices on May 23. Deshaine recognized attendees for their volunteerism and public service and shared research findings suggesting that only two percent of Americans ever run for federal, local, or state elected office. Deshaine also referenced a survey indicating that only 19 percent of Americans contacted their local elected officials over a 12-month period, while about a quarter reported attending a meeting.

NHMA would like to thank Paul, and all our members, who hosted these workshops for us this year.

In March, after nearly 24 years of exemplary service and commitment to the Town of Goffstown, Susan Desruisseaux retired as Town Administrator. Desruisseaux began her career www.nhmunicipal.org

NHMA’s Legal Counsel Stephen Buckley and Staff Attorney Margaret Byrnes presented to a full house in this new Hard Road to Travel workshop, which focused on road-related issues regarding development and construction, including subdivisions, driveways, and building on Class VI and private roads under RSA 674:41. This workshop was attended by road agents and public works staff, and also governing bodies, land use boards, and administrators who wanted to better understand the different roles and responsibilities of various municipal officials in these situations.

NHMA’s Legal Counsel Stephen Buckley addresses a room full of members at this March 31st workshop.

with Goffstown in 1993 when she was hired as the Welfare/Support Services Officer. In 1999 she was promoted to the position of Town Administrator.

During her career Sue continuously provided to department heads, fellow employees, citizens and others, the benefit of her exceptional professional skill and compassionate character. Sue met the challenge of every situation that came to her, from the mundane to the monumental, the good (250th Celebration) and the bad (severe weather events) and assisted numerous Boards of Selectmen with all matters under their purview. Sue also served as a Board of Director for the New Hampshire Municipal Association for several years. We wish to thank Sue for her many years of public service to

this Association, to the Town of Goffstown, and to municipal government in New Hampshire.

Wish You’d Write Interested in writing for New Hampshire Town and City? NHMA is eager to spotlight members who would like to write on topics of interest to our membership. If you’d like to lend your expertise on a topic, write about your experience as a municipal official or employee, or spotlight something in your city or town, please contact Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org.

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Another Huge Success for Road Agent’s Mountain of Demonstrations

HAPPENINGS from page 5

Local Official Workshops Train 185, Including 100 New Officials NHMA’s 2017 Local Officials Workshops trained 189 local officials, including 100 in their first year of service of which most were new selectmen.

Legal services attorneys presented at six Local Officials Workshops during the months of April, May, and June at locations in Peterborough, Grantham, Sugar Hill, North Conway, Stratham and Concord. These sessions were free and open to all local officials, but designed to educate newly elected and appointed officials and staff, covering the Right-to-Know Law, dealing with conflicts, town governance, liability, and other municipal issues. Participants received a complimentary copy of NHMA’s 2017 edition, Knowing the Territory: A Survey of Municipal Law for New Hampshire Local Officials.

Members Receive Employment Law Updates from Labor Law Experts NHMA and Drummond Woodsum have joined forces in 2017 to provide an employment law hotline and training to members on labor and employ-

U.S. Census Bureau Gears Up For Local Update of Addresses Operation

Attorney Mark Broth of Drummond Woodsum makes a point during the Employment Law Workshop held recently at NHMA offices.

ment laws. As part of this partnership, Attorneys Mark T. Broth and Anna B. Cole from the law firm’s Labor and Employment Group in Manchester, presented a lively and informative overview of everyday employment and labor laws and regulations that impact public sector employers in New Hampshire. This full-day workshop provided HR professionals and others with the practical knowledge and skills they need to handle the unique employment challenges facing municipalities. Don’t fret if you missed this workshop as another workshop has been planned for Wednesday, September 20 at NHMA offices in Concord.

Visit www.nhmunicipal.org to register online or check our Calendar of Events for registration details.

On May 25, the New Hampshire Road Agents held their 30th Annual Mountain of Demonstrations at Mount Sunapee Resort. Over 415 people attended the event recognized for its unique live demonstrations for public works personnel, parks and recreation departments, state department of transportation and municipal officials from all over New England.

In addition, 73 exhibitors displayed the newest high-tech road, bridge, maintenance, and related construction products, equipment and services.

This year Governor Chris Sununu was a big hit (representing the first time a governor has attend this event) and spent time mixing and mingling with attendees and exhibitors.

The Local Update of Census Addresses (LUCA) Operations is a voluntary, decennial census operation. LUCA is the only opportunity prior to the 2020 Census for local governments to review and update the U.S. Census Bureau’s residential address list for their jurisdiction. The Census Bureau relies on a complete and accurate address list to reach every living quarters and associated population for inclusion in the census. The LUCA operation was designed based on requirements specified by the Census Address List Improvement Act of 1994 which provides an opportunity for designated representatives to review the addresses used to conduct the decennial census. If a town or city government lacks the resources to participate in LUCA, they can arrange for a higher level of government, such as a county, a regional planning commission or other organization, to conduct their address review.

The accuracy and completeness of the address list is critical to the accuracy and completeness of the decennial census. Participating in LUCA can help ensure an accurate census for municipalities. Although the primary purpose of the decennial census is to apportion seats in the U.S. House of Representatives, census data are used to distribute federal funds for over 1,000 programs administered by 26 federal agencies to tribal, state, and local governments.

Census data also provides statistical support for grant applications that fund community and regional development, education, agriculture, energy, and environmental programs. Plan to participate - https://www.census.gov/geo/partnerships/luca.html.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Upcoming

Events

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

JULY Webinar: Drones – The Sky Has Its Limits: Balancing Property Rights and Privacy Concerns Wednesday, July 12 12:00 pm – 1:00 pm Webinar: First Step in Getting Ready for 2020 Census – LUCA Tuesday, July 18 12:00 pm – 1:00 pm

AUGUST Webinar: Running Effective Public Meetings Wednesday, August 16 12:00 pm – 1:00 pm

SEPTEMBER Workshop: Right-to-Know Law Friday, September 8 9:00 am – 4:00 pm Location TBD: Seacoast Area

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Workshop: Budget and Finance Tuesday, September 12 9:00 am – 4:30 pm SERESC Conference Center, Bedford Workshop: Employment Law – Hot Trends and Developments Wednesday, September 20 9:00 am – 4:00 pm NHMA Offices, 25 Triangle Park Drive, Concord 2017 Municipal Law Lecture Series Saturday, September 23 9:00 am – 4:00 pm Location TBD: Seacoast Area Workshop: Budget and Finance Tuesday, September 26 9:00 am – 4:30 pm Attitash Grand Summit Hotel, Bartlett

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How a Small Town Created Transparency and Efficiencies Through the Smart Use of Technology

By Shaun Mullholland

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n 2013, the Town of Allenstown (4,322 population) began a system-wide effort to achieve better transparency and efficiency by exploring and implementing technological solutions. The focus was not so much on technology as it was on attaining the objective of streamlining the town’s administrative processes with the goal of making more information available to the public faster. Before 2013, the town’s paperwork and processes were antiquated and inefficient and we knew technology was part of the solution.

The Town approached the problem and developed an overall strategic vision of where we wanted to be. It was apparent from the beginning that solutions to acute problems would not be able to achieve the goals we were trying to achieve. We began a system wide phased process to achieve our transparency initiatives and efficiency goals.

The LEAN process was used to focus on the accounts payable process.

LEAN was developed by the Toyota Corporation to enhance efficiency and eliminate waste in the production of automobiles. The State of New Hampshire has invested heavily in the LEAN process for its various functions. Some towns in the state are doing the same.

Our accounts payable process was byzantine to say the least. Vendors were not being paid in a timely fashion and the error rate averaged 16%.

The LEAN analysis exposed several limiting factors. The use of paper documents resulted in wasted time and resources, and the inability of the staff and officials to access paper documents in a timely fashion added time to complete the processes. Such costs as paper, copying, filing, postage, check processing, and transporting documents were adding up for the town.

The most economical and efficient solution was a paperless system. This

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required technological solutions to replace the use of paper processes.

The new processes would challenge the staff and required a new way of thinking. The following processes were implemented: Cloud IT Platform-All departments would need to be on a common operating platform. The town eliminated individual servers in each building and went to a virtual private cloud. This allowed all departments to collaborate on projects and share information. Staff in

Highlights: • Some 75 percent of Allenstown vendors are submitting their invoices electronically now; Allenstown is sending 62 percent of its payments electronically.

• Time to process payments has been reduced from 11 weeks to 7 days.

• Cost reductions equaled some $13,000 in the first year, although it was not a full budget year. Projected reductions were nearly $20,000 for the first full year.

• There are some relatively low-tech solutions, such as creating a set of folders for property tax information, that are low in cost to implement and maintain. all departments are now able to access their workstation desktop through laptops or tablets through a secure socket link. This mobility allows for greater flexibility and resilience during disasters. It is particularly helpful for the mobile applications used by our police, fire and highway department.

Digitization of Paper Records-The planning, zoning and building records were filed in four different ways. These

paper records were scanned through a contract with Ricoh Corp. into digital property files allowing access to all town personnel at fixed locations as well as in the mobile environment.

The ability to search and retrieve documents took days before. The process now takes seconds to search those property files. The town is able to respond to requests for these documents very quickly today and are able to email the documents to businesses and residents within minutes. You are advised to take a quick view of RSA 33-A which applies to the retention of municipal records before embarking on this paperless process. Records which are required to be kept for more than ten years must be saved in a PDF/A format if kept electronically. Older documents needed to be scanned into directories. However, one of our challenges was getting away from the cycle of creating more paper documents which would need to be scanned.

Documents created in Word are saved as PDFs and saved in a PDF/A format.

OCR (Optical Character Reader) allows searches of PDF and Word documents for specific words or combinations of words. This is a very effective method for PDFs which are converted from a Word document. A document which is scanned from a paper document provides limited capability for OCR. The need for documents to exist in a digital format from cradle to grave was essential.

Electronic Signature-Many of the documents we use require authorizing signatures, such as manifests, payroll change forms, resolutions, and other such documents. The town reviewed several options to eliminate the quill and ink well in favor of an electronic signature solution. We choose RightSignature as our webbased platform to have documents signed. The security features produce a digital checksum as well as identification of IP addresses and tracking.

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TECHNOLOGY from page 9 This solution allowed members of the Board of Selectmen to review documents on their smartphones, tablets or laptops and execute documents (after approval at a public meeting).

This was particularly helpful with AP and Payroll manifests. We process AP each week. The Electronic Signatures in Global and National Commerce Act (ESIGN) was passed by Congress in 2000. Again, you are advised to review 15 U.S.C. 7001 as well as New Hampshire RSA 294-E before considering the implementation of the electronic signature process.

Web Forms-The Town began a move away from typical documents to web forms. We have a contract through SeamlessGov to provide this platform to manage these documents.

This allows for the use of individual pieces of data within a document to be searched for information.

Electronic Payments- The payments to vendors and employees was solely by paper check. The Town began a process of transitioning our employees and vendors to EFT or ACH electronic payments. All of our employees agreed to this process. Many of our vendors have transitioned to the electronic payment process as well. The vendor submits an invoice via an email which is processed in our weekly AP process. The vendor

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receives payment deposited directly into their account. This process speeds up payment and reduces our administrative costs. No checks, no envelopes and no postage. This allows for a process from beginning to end in which documents never exist in a paper format. The electronic backup documents are stored in our financial software package, Infinite Visions.

Public Meeting Documents- Achieving our transparency goals was a multifaceted undertaking. Allenstown is an SB2 town meeting form of government. This method of direct democracy relies upon an informed citizenry to make critical decisions on how its local government operates. The Town constantly hears concerns from voters who are being asked to make complex decisions without adequate information. Accordingly, the Town took a multi-pronged approach to this issue.

1. We created a specific icon on the main page of our website where voters could follow the town meeting and budget process (cycle). The process begins in May with the guidance to department heads issued by the Board of Selectmen and ends with the actual voting session of town meeting and the results of the vote. Detailed budget information is provided in this area as well as a voter’s guide.

NEW HAMPSHIRE TOWN AND CITY

2. The website agendas for the various boards have the specific documents related to those agenda items posted on the agenda.

This allows for residents to be informed and allows for greater and more meaningful public input to the various boards. Residents, officials and the media are able to access these documents on their personal devices while in the meeting through the public WiFi provided in our meeting rooms. Our website provider, Virtual Towns & Schools, provides a subscriber portal allowing residents to have agendas and meeting minutes of any of our boards emailed to them automatically when those documents are posted on the website.

3. The Board of Selectmen agenda attachments include the weekly AP manifests. This allows residents to see where each dollar is spent and to which vendor. It is not quite an “open checkbook”; however, it is a major step in that direction.

Email Encryption- The Town implemented managed email through Certified Computer Solutions Inc. and .gov email addresses. This provided a higher level of security. However, with the ever changing sometimes hostile cyber environment we operate in today, we needed to enhance the level of security.

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The quantity of personal identifying information, financial data, HIPPA and law enforcement documents that are being sent and received via email has grown enormously. The need to secure this information from ever growing threats is apparent. The Town implemented an email encryption solution through Zix Corp. in January of 2017. This solution provides a high level of email security which is common practice in the financial and health care sectors and recognizes that municipalities have a similar obligation to protect the sensitive information of employees, business partners, patients and victims.

If you embark on this technological path, you must have an overall strategic plan in place to achieve these efficiencies and transparencies. Your existing processes should be reviewed through the LEAN process or some other method to analyze the issues and map out solutions. Some of those solutions require implementation of new technologies while others require human solutions. We had to implement what I refer to as “a poor man’s solution” to some of the processes.

There simply is not enough money to do everything that needs to be done.

Our process has been four years in the making and the Town still has much to achieve. One of our goals was to allow access to a very large volume of our public documents through a portal on our website. While the website has many documents, many others would require a search and management platform that we do not presently have. We looked at several solutions which would allow someone to search documents such as property files through a link on our website.

The cost of that type of platform was as much as $45,000 to implement and $16,000 per year in annual software license costs. This cost level is clearly prohibitive for us at this time. The cost benefit analysis demonstrated www.nhmunicipal.org

results which were less than positive.

We implemented a process which was less costly: “the poor man’s solution.” When we had the property files scanned by Ricoh we had them identify those document files with a defined naming convention that allowed for more effective search parameters. For example, the property files were named by map and lot and street address. This allowed staff to search using any of the pieces of that information to locate the property folder or document(s) being searched. We have a directory of folders by map which are then broken down by lots within that map. This directory is nothing more than a folder on our common drive.

No additional software is needed.

Shortly after we implemented this system a resident called to obtain all the documents relating to her property. I was able to search the directory within seconds and email the entire file containing 178 pages within a minute.

This process would have taken several days of staff time before when the files were in a paper format in several different locations. The resident would have had to come to the Town Hall, lose work time, and pay for those documents to obtain a paper copy. In fact, the chances of us not finding all the applicable files would have been much higher if they were in a paper format.

In this case, we were able to achieve considerable efficiencies, cost reduc-

tion and most important a higher level of customer service. The Town was able get closer to our goal of providing documents to residents seamlessly.

The end game is to provide access to these public documents when the resident, business entity, reporter or other governmental entity needs it faster and at anytime of the day or night.

The rate at which business activities occur is faster than ever. The need for the public sector and specifically municipalities to make information available is critical to the success of the private sector. Equally important is the need to provide timely and complete information to the citizenry allowing them to make the ever more complex decisions they need to make. Social media and “fake” media provide an outlet in which inaccurate information can be distributed. Municipalities must be able to produce factual information through the various public documents that exist to allow the public to obtain the correct information.

Shaun Mulholland is town administrator for the Town of Allenstown. Since 2016, Shaun has served as a Board of Director with the NHMA. Shaun can be reached by email at smulholland@allenstownnh.gov or by phone at 603.485.4276 ext. 112.

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NEW HAMPSHIRE TOWN AND CITY

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State and Local Regulation of Drones

By Christopher D. Hawkins, Esq.

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his article provides an overview of the current state of the law with respect to the municipal regulation of drones outside the law enforcement context.

Drones are referred to in Federal law as “unmanned aerial systems”, presumably to avoid the military connotations of the term “drone.” As the term “drone” is common parlance, however, it will be used in this article. Nothing in this article should be construed as legal advice. The law in this area is rapidly developing at the Federal, State and local levels, and anyone who has specific legal questions regarding the use of drones should consult counsel. The website of the Federal Aviation Administration (FAA) is a good resource for information on the rules governing the use of airspace generally, and the regulation of drones specifically.

I. Introduction Drones for both recreational and commercial use have become more widely available and more sophisticated over the past few years. Changes in Federal regulation have made drones more readily available for commercial use. Many states have enacted or are considering statutes and regulations, and municipalities are considering regulations tailored to local conditions. The interface between Federal, State and local regulation remains largely undefined, and will undoubtedly become more clearly defined over time. Some principles, however, can be ascertained both from the current Federal regulations and existing state law.

II. Legal Jurisdiction of Airspace The Federal government has exclusive jurisdiction of American airspace {49 U.S.C. § 40103(a)(1)}. Congress delegated to the FAA the authority to regulate “aircraft” operating in “navigable airspace” which is defined as the “airspace above www.nhmunicipal.org

the minimum altitudes of flight prescribed by regulations … including airspace needed to ensure safety in the takeoff and landing of aircraft.” (See 49 U.S.C. § 40102(a)(32).

Over uncongested areas, airplanes can operate at an altitude of 500 feet above the ground. (See 14 C.F.R. § 91.119(a) and (c). All of these rules suggest the Federal government has exclusive jurisdiction of “navigable airspace”. Generally, when the Federal government assumes exclusive jurisdiction of some activity, States and municipalities are prohibited from enforcing inconsistent laws.

It is generally understood that States and municipalities are authorized, for example, to regulate the heights of buildings and other structures by virtue of their authority to protect the health, safety, and welfare of their residents. By the same token, private property owners have always been thought free to plant trees, build structures, and otherwise take advantage of the airspace above their property within limits only of competing interests of their neighbors and applicable local regulation.

Over the centuries prior to the advent of air travel, courts developed legal principles based in the law of trespass to define the rights of property owners in the airspace above their property. Under these principles, an intrusion into airspace constituted a trespass if it occurred within the “immediate reaches” of the airspace adjacent to the land, and substantially interfered with the property owner’s use and enjoyment of his property. Restatement (Second) of Torts § 159. There is no hard-and-fast rule as to what constitutes the “immediate reaches” or what constitutes a “substantial interference.” The answers to those questions are developed by courts on the specific circumstances of each case. Courts J U LY / A U G U S T 2 0 1 7

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DRONES from page 13 have found, for example, that power or telephone wires strung over property, or the eaves of a neighboring building hanging over the property lines, constituted a trespass under this principle.

All of this suggests that there is an overlap of jurisdiction between the Federal government’s exclusive authority over “navigable airspace” and the long-standing authority of State and local governments to regulate activities within the airspace within the “immediate reaches” adjacent to the ground. The legal authority of States and municipalities to regulate airspace below the limits of “navigable airspace” as defined in Federal law, however, remains uncertain.

III. The Impact of Drones For many years, only those engaged in air commerce or recreation, land use applications for tall structures, or legal disputes with their neighbors were interested the legal nuances of jurisdiction of airspace. The advent of drones, however, has provided far more people the ability to fly aircraft into the navigable airspace and thereby pose a potential threat to conventional aviation, as well as to privacy and public safety.

At the same time, the regulation of drones is of interest to State and local regulators who wish to prevent drones from threatening public health and safety by, for example, flying illicit drugs or weapons into correctional facilities, surveilling schools or playgrounds, flying over local water and sewer plants, or peering into bedroom windows. Such activities can, of course, take place outside the limits of “navigable airspace.”

These activities have focused attention on the jurisdictional gray area between Federal, state, and local jurisdiction of

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airspace, and new regulations and laws are being rapidly developed to define the legal responsibilities.

IV. Current Federal Law of Drones The FAA recently released regulations regarding drones. (See Advisory Circular on Small Unmanned Aircraft Systems (sUAS) AC No. 107-2 (6/21/16). First, all drones that weigh between 0.55 pounds (250 grams) and 55 pounds (25 kilos) must be registered with the FAA. This can be done online and costs $5.00 (as of this writing). No drone can be operated within 5 miles of an airport unless prior notification is provided to the airport and air traffic control. The term “airport” is defined as “a landing area used regularly by aircraft for receiving or discharging passengers or cargo.” (See 49 U.S.C. § 40102(a) (9). The definition may encompass local private landing strips. Persons interested in this issue may wish to consult counsel or the FAA for further guidance. The operator must keep the drone within visual line of sight at all times, and must always yield the right of way to manned aircraft.

Drones can be used for commercial purposes, but are subject to more stringent requirements. For example, the operator must obtain a Remote Pilot Airman Certificate, which requires a test based upon knowledge of the rules of the public airspace, and must be vetted by the Transportation Safety Administration. (See Remote Pilot – Small Unmanned Aircraft Systems Airman Certification Standards, Document # FAA-S-ACS-10, July 2016).

The drone must undergo a pre-flight check to ensure safe operation. Commercial drones must remain under 400 feet, must not fly over people, and must not be operated from a moving vehicle (although these rules may be waived with permission of the FAA).

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V. Permitted State and Local Regulation When considering the intersection of Federal, State and local regulation, it is important to remember that Federal law trumps inconsistent State and local law. (It is equally important to remember these concepts are easy to state in broad terms but can be complex to apply in practice). Please consult legal counsel regarding any specific questions of Federal preemption of State or local law. This means, for example, that if a State law permitted the commercial use of drones up to 1,000 feet, that law would be unenforceable to the extent it is inconsistent with Federal law. Similarly, if State law required commercial operators to obtain a special license more stringent than the Remote Pilot Airman Certificate, that law would be preempted as well.

On December 17, 2015, the FAA published a Fact Sheet on State and Local UAS Laws (See www.faa.gov/ uas/resources/uas_regulations_policy/ media/uas_fact_sheet_final.pdf)) to summarize some principles defining the boundaries of Federal, state, and local regulation. The FAA’s intent in publishing this document is to avoid a patchwork quilt of inconsistent regulations from State to State and town to town and, above all, to ensure the safety of the public airspace.

The Fact Sheet is divided into two categories: State and local laws for which consultation with the FAA is recommended, and State and local laws within local government authority.

A. Consultation Recommended

Consultation is recommended when the State or local government: • Restricts flight altitude of drone.

• Restricts flight paths of drones.

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• Ban the use of drones within town limits or over certain areas of town.

• Purports to regulate navigable airspace (i.e. above 500 feet).

The FAA may or may not approve such regulations, but prior consultation is recommended.

B. Generally Acceptable Regulation Laws and regulations related to state and local police power to regulate health, safety and welfare, such as land use, zoning, privacy, trespass and local law enforcement, are generally outside federal regulation. A State or local government may, for example: • Require the police to obtain a warrant prior to utilizing a drone for surveillance.

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• Specify that a drone may not be used to harass or for voyeurism.

• Prohibit the use of drones for hunting and fishing, or to harass a person who is hunting or fishing. (Please note, RSA 207:57 prohibits drone surveillance of anyone lawfully hunting, fishing, or trapping. A regulation of the Department of Fish & Game prohibits the use of drones to locate or attempt to locate game for the purpose of taking it. Fis 312.01 and .02).

• Prohibit anyone from attaching a weapon to a drone.

authority to regulate the use of drones consistent with Federal law. The extent of this authority remains largely undefined and uncertain. Prudence suggests that anyone uncertain about the legal authority of the State or a local government to regulate drones should consult legal counsel or contact the FAA. Attorney Christopher D. Hawkins is Of Counsel at Devine, Millimet & Branch, P.A. in Manchester. Chris can be reached by phone at 603.695.8530 or by email at chawkins@devinemillimet.com.

VI. Conclusion The increasing prevalence of drones creates new commercial and recreational opportunities, and poses challenges to privacy and public safety. State and local governments appear to have some

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

A Primer on Smart Cities:

Using Technology and Intelligent Design to Make Cities More Livable, Workable and Sustainable

By Dean E. Shankle, Jr., Ph.D. Introduction

I

had almost reached the far curb on an extremely busy street in Chiang Mai, Thailand when I heard the unmistakable sound of metal-on-pavement. I immediately sensed that something was careening toward me and I remember thinking, “I hope whatever that is misses me.” It didn’t. As the motorcycle slid by, I glanced down and saw the rear tire sweep my legs out from under me. I clearly should have been more careful since just the day before I had received, essentially, a warning from the Mayor.

The previous day we were at the Chiang Mai City Hall and were ushered into an ornate gold and white room. There we met Mayor Tassanai Buranupakorn. He has been Mayor for several years and had a few projects he wanted to discuss.

One project that he was very proud of was a new free lunch program that he had recently implemented for students from low-income families.

I soon found that the Mayor was particularly interested in talking about smart cities. He was aware that I had done a workshop on the subject at the University of Chiang Mai and wanted my thoughts. Chiang Mai had recently been awarded a Smart Cities Grant by the national government and he needed to determine what his priorities should be.

Although Mayor Buranupakorn had not decided his top priority, he was leaning toward focusing on traffic control.

He went on to explain that traffic accidents were a leading cause of death in Thailand and, in fact, THE leading cause among people from age 15 – 40. Accidents with the “small motorcycles” were of particular concern. www.nhmunicipal.org

Of course, he was also considering using the funding for economic development and to improve the transportation infrastructure, but he was very firm about the importance of making his city streets safe for motorists and pedestrians.

That was his top priority. As I indicated above, I soon discovered for myself that his concerns were based in reality.

Whether we know it or not, before long we will all be discussing how to set priorities for “smart city” projects. A brief primer on the subject might help set the stage for those discussions.

What is a “City”?

First, it is important to recognize that, according to the Smart Cities Council, “real-world smart city examples are rarely a city in the strictest sense. Many are more than a single city, such as a metropolitan region, a cluster of cities, counties and groups of counties, a collection of nearby towns or a regional coalition. Other examples are less than a full-scale city, such as districts, neighborhoods, townships, villages, campuses and military bases. Indeed, many municipalities are taking a neighborhood-by-neighborhood approach to modernization.” (http://readinessguide.smartcitiescouncil.com/ article/introduction-smart-cities, retrieved 05/07/2017)

What is a “Smart” City?

Although there are many definitions of what a “smart city” is, more important is what a smart city does. The Smart Cities Council (http://smartcitiescouncil.com), for example, explains that smart cities use “digital technology and intelligent design” to make their cities more livable, workable and sustainable.

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SMART CITIES from page 17 More specifically, a smart city uses information and communication technologies (ICT) to collect and analyze information to improve its ability to make data-driven decisions. This information may be collected from direct digital interaction with embedded sensors (the Internet of Things) or from people in the community (prosumers). These concepts will be discussed in further detail below.

As you can see, a “smart city” is a broad concept. Let’s break it down into some of its components which will help us see that there are incremental steps we can take as we move forward.

Data The collection of data is the foundation on which smart cities are built.

The good news is that local governments do, and always have (ask your town clerk), collected data. What we need to be looking at going forward is whether we are collecting the right information in a usable format, making it as widely accessible as legally possible (open data), and organizing it so that it can be analyzed to provide useful information.

Feedback Loops A basic element of any “smart” system is the feedback loop. In its most basic form, a feedback loop is a feature of a system that allows outputs of that system to impact the input in the system. The understanding of the application of feedback loops is used in the most effective form of “data-based decision-making.”

computer or a smart phone, you will see a button for “Requests and Complaints.” This will take you to a simple interface that allows you to input data in several categories (e.g., Code Enforcement Complaints; Roadway Shoulder Damage).

These requests go directly to the responsible department supervisor, who is expected to respond within 24 hours. If the situation can be rectified immediately, it is; if it will take time, an explanation is provided. The point is that the feedback from the citizens on an element in the system has an immediate impact on the data available to the town and results in a quick action on that element.

Of course, for a feedback loop to work properly it is necessary that the data that drives the impacts be accurate and timely. There are two primary sources from which local governments can get such data: the Internet of Things and prosumers (producer/consumer).

The Internet of Things (IoT) Of course, a major difference that we are already seeing is how data is collected. Increasingly, data is collected by sensors, video equipment and other machines. The data is then transmitted through the internet, sometimes directly to storage and, more frequently, to other connected devices.

The Consul General in Chiang Mai, for example, told us how the government of Thailand has sensor devices around the country to monitor air quality. She explained that the air pollution is not just a problem because of cars, but also because they have a farming technique that includes burning fields, which results in large plumes of choke-inducing white smoke.

This data is automatically sent to a system that analyzes the data and posts the Air Quality Index (AQI) on their government website. The data shows up in real time; the analysis is done hourly. To help distribute the information, the Consulate has included information on its website explaining how to get to, and use the information (https://th.usembassy.gov/message-u-s-citizens-air-quality-northern-thailand/).

Prosumers Prosumer is a word coined by futurist Alvin Toffler that originally referred to those who are both producers and consumers of media. It is a useful term and has been used in a variety of contexts. A prosumer within the concept of smart cities falls into a number of different categories.

In energy generation, for example, a prosumer would be a person who is attached to the grid but is not only using

A simple feedback loop can be illustrated using the example of applications that allow citizens to provide data to their town or city. In Hooksett, for example, we use a program called “Citizen Request Tracker.” If you go to www.hooksett.org, either on your 18

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energy but also feeding back into the grid through their capture of solar or wind energy.

Prosumers are very important to the smart city data collection process.

Many police departments are using Twitter to keep the public informed of things happening within their communities such as closed roads, upcoming events and meetings related to emergency management. For example, the Manchester, NH police department has over 11,200 Twitter followers that consume its information.

Police departments like Manchester actively encourage followers to move into the prosumer category by asking them for feedback. For example, during a recent manhunt the police tweeted a link to a WMUR-TV news story, a picture of the fugitive and the follow-

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ing message: “Let’s use the power social media, re tweet it, get it out there, let’s locate him. Working together is the only way we can start winning.” I don’t know if this tweet generated any tips, but the fugitive was soon in custody.

Requesting feedback from the public in the areas of emergency management, environmental protections, code enforcement, etc. is becoming more common and provides a level of engagement that can provide immediate benefits.

about every other area that has a spatial component and requires data can be made more effective and efficient using developing technologies. Mayor Buranupakorn in Chiang Mai determined his priorities based on the obvious need in his city. Have you?

Dean Shankle is town administrator in the Town of Hooksett. Dean can be reach by email at dshankle@hooksett.org or by telephone at 603.485.8472.

Conclusion Digital technology, the driving force of smart cities, is going to continue to advance. It will soon be possible to use the IoT and prosumers to help move municipalities forward. Emergency management, environmental protection, economic development, and just

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Beyond Buildings and Bridges 3D Mapping for Municipalities

By Michael J. Carter, LLS

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hen a new technology provides a completely revolutionary way to do something, and it catches on, you can bet there are good reasons for it. For example, we can all think of many reasons why the use of airplanes as a mode of transportation caught on. In that same vein, a revolution is taking place in the surveying, architecture, engineering, and construction industries, and there are a great many good reasons why it is catching on quickly. That revolution involves a complete paradigm shift in how features are inspected and surveyed, designs are created, and construction is executed.

Every town planner and municipal official responsible for making decisions about staff safety and/or infrastructure improvements would benefit from becoming more familiar with this emerging technology.

Today, in addition to conventional “boots on the ground” surveys using a total station and a variety of prisms, measurements are often performed with high-resolution 3D laser scanners and/or with high-resolution photogrammetric mapping from unmanned aerial vehicles (UAVs). These technologies quickly and easily acquire measurements and high-resolution images on features that are extremely difficult or dangerous to reach with conventional measurement devices. Laser scanners and UAVs also capture these detailed measurements and images without the need for a person to physically touch the surfaces of the features being measured.

The implications of this for keeping personnel out of harm’s way cannot be overstated.

Many 3D laser scanners used today for exterior surveys have ranges of 1,000 feet or more with measurement accuracies of around 1/8 to 1/4 of an inch. They perform measure-

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ments at rates of up to 1,000,000 measurements/second.

This allows surveyors to capture incredibly dense, superaccurate measurements on features safely (think of tall municipal buildings, dam faces, bridge components, features around high-voltage lines, etc.). These millions of laser measurements collectively produce a “point cloud”, which is a rich three-dimensional representation of the features that the scanner’s laser beam reflected back from during the course of each scan. An example is shown below:

Many commercial UAVs come fitted with a high-resolution digital camera system. These can capture high-resolution imagery for inspection or mapping uses in areas that even the 3D laser scanner can’t reach. An example of an image a UAV obtained of the top side of the Exeter water tower is shown above. In addition to their obvious “a picture is worth a thousand words” benefit, the digital images can be combined using specialized photogrammetric software to create a point cloud that can be used for making measurements. While these photogrammetrically-generated point clouds are typically not as dense or as accurate as those generated by a 3D laser scanner, J U LY / A U G U S T 2 0 1 7

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3D MAPPING from page 21 they provide exponentially more data than would be gathered by a conventional instrument survey.

While UAV’s have been around for some time, their commercial use has been authorized by the FAA only since August 29, 2016. Municipal officials should be aware that for any commercial use of a UAV (e.g. for inspection of a tall tower, etc.) the FAA requires the UAV operator to be certified as a Remote Pilot In Command (RPIC). There are also regulations restricting the commercial use of UAV’s within the airspace surrounding certain airports.

Surveyors who use these two technologies eliminate for themselves and their clients the cost and delay of bringing in lifts or other equipment to access difficult-to-reach places, and get far more complete data than conventional processes allow. All of this is done without ever putting personnel in harm’s way.

For example, it is no longer necessary after a major flood event to send employees or contractors out onto unstable washed-out slopes or into run-off ditches to perform the inspections and surveys that are so urgently needed before designs can begin for repairs of roads and bridges, etc. In a typical 30-minute flight, a UAV can safely capture far more detailed measurements over a significantly greater area than several conventional survey crews could hope to capture in a full day of work. The UAV pilot and the associated GPS survey team can provide a rapid response and perform all their measurements while staying on the available safe dry ground.

As another example, it is also no longer necessary to send personnel up on tall ladders or expensive man-lifts to perform inspection and measure22

ments on steep rooftops or towers.

These things can be done quickly, safely, and far more effectively with a 3D laser scanner operating on the ground and/or a UAV hovering near the subject of interest.

These new technologies offer great benefits in addition to personnel safety. It is commonplace today for a school building or wastewater treatment facility to be surveyed inside and out using high-resolution 3D laser scanners before designs for renovations or additions move beyond initial concept stage. Once such a laser-scan survey has been done on a building (or bridge, or dam, or any other structure) architects and engineers have an extraordinarily detailed, highly accurate image or model of the structure to use as the basis for their designs, and contractors benefit from the certainty of these measurements as well. After making a modest investment in the scanning survey at the very start of the project, the town continues to harvest benefits throughout the project life cycle because contractors do not need to price “uncertainty” into several components of their bids. Another immediate benefit is that having a complete data set about the building virtually eliminates the long-standing nightmare of contractor “change orders” that amount to blank-check writing by the Town officials once the project is already underway. How many times have officials heard “My bid was based on the assumption of X, and once we got into that space we found Y, so that will require a change order in the amount of $$$$$?” If the surveyor with a laser scanner made a detailed 3D map of that space beforehand, everyone involved would have full knowledge of “Y” and the architects and engineers will have already planned for it while it was still inexpensive to do so.

Surveyors, architects, and engineers are also finding great value in the 3D

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laser scans and UAV photos because they very often prevent the need for a return visit to a site for additional measurements. This is because the 3D laser scanner and UAV camera almost invariably captures far more data than a client envisioned the need for when they developed the original request for the survey. For example, a 3D laser scan survey intended to capture measurements on the bell tower of a town hall will likely also capture the slope and square footage of the entire roof, the location and height of all electrical and communication lines in the vicinity of the building, the height above ground of the window sills, the height and location of every tree in the vicinity of the building (so if the tree were to fall, we would know whether or not its upper branches would reach any part of the building), etc.

As with so many new technologies, 3D laser scanning has gained widespread acceptance in the marketplace and now the hardware prices have declined while the hardware and software capabilities have improved.

Advanced training and education is required to use this survey equipment properly, and is even more critical to perform careful analysis of the data collected and verify that the results conform to jurisdictional survey standards. It is no longer a “big deal” to have a surveyor come out to do a 3D laser scanning project on some valuable pieces of infrastructure. Instead, it is becoming routine, and municipalities are reaping the benefits. Just as towns and cities large and small have been adopting GIS for the last decade or so with tremendous benefits for planners and the public alike, they will soon be organizing and managing public infrastructure in Building Information Models (BIM) that help organize, communicate about, and plan for maintenance and improvements to public buildings. For new buildings, the BIM will begin www.nhmunicipal.org

with the architects and engineers who design them. For existing buildings, the BIM will begin with surveyors who create accurate 3D models of the existing structures and components.

Use of these technologies has applications far beyond buildings and bridges.

Some routine examples are performing stockpile volume calculations. Let’s say a town is purchasing large quantities of sand or salt for winter roadway use.

If the payment is based on the volume of material delivered, and the town wants something more accurate than counting truck loads hauled to the DPW yard, a surveyor offering UAV services can quickly provide an accurate volume of a pile (or series of piles) without ever sending staff climbing up onto it.

for larger towns and cities. The truth is that these benefits apply to municipalities (and projects), both large and small. There are abundant reasons why these technologies have caught on, and benefits like safety, efficiency, accuracy, and cost-savings are appreciated wherever one can apply them.

Michael J. Carter, LLS, is Director of 3D Mapping at Doucet Survey, Inc. Michael can be reached by email at

michael@doucsetsurvey.com or by phone at 603.614.4060.

Looking for an employee or a job?

NHMA members and municipalities across the country are invited to submit postings to appear on our website. Visit www.nhmunicipal. org for more information or submit your ad by email to classifiedads@nhmunicipal.org.

Here in New Hampshire, where 72% of our municipalities have a resident population of 6,000 people or less, this technology may seem better suited

www.nhmunicipal.org

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NHMA and Drummond Woodsum Announce New Free Member Benefit

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

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

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

What Can You Expect?

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

Who Can Call the Hotline?

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

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

Got an employment issue?

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

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Body Worn Cameras:

New Law, New Considerations for Police Departments

By Lieutenant John Sable, Town of Sandown

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hen I first started in police work, our police department had cabinets full of VHS tapes from our dash-cameras. Six years later, we had a three-ring binder full of DVDs. But today, like many police departments, we are researching the costs associated with the implementation of Body Worn Cameras (BWCs). Under RSA 105-D, we now have specific requirements that govern their use.

On or Off? Summary of 105-D RSA Chapter 105-D does not require BWC use; however, it provides specific procedures that all police agencies in New Hampshire must follow should they implement BWCs. In short, an officer equipped with a BWC, who is performing a law enforcement function or activity, is required to inform individuals they are being recorded. It is clear that a person can decline to be recorded in a private place (e.g., a private residence, bathroom, etc.); in fact, the officer is required to inform individuals that they can refuse to be recorded, and must deactivate the BWC if they do refuse. Where the recording has been declined, the video must be permanently distorted or obscured. But there are exceptions. For example, if an officer shows up to a residence with an arrest or search warrant, the officer is not required to turn off the BWC. In addition, if a judicially-recognized exception to the warrant requirement is met, deactivation of the BWC is not required.

In general, people can object, but officers are not mandated to turn the BWC off, unless an exception is met.

A person reporting a crime anonymously may also decline to be recorded. There are other times where an officer will not activate a BWC—commonly referred to as “community care-taking functions”— such as giving directions, assisting a lost child looking for his/her parents, conducting wellwww.nhmunicipal.org

being checks on sick or elderly persons, or, in short, any activity that does not involve enforcing laws.

For officers out on the street, there will be a learning curve as to when the BWC must be turned on and off. RSA 105-D states that at a minimum, officers should turn on the BWC as soon as they arrive on scene, but may turn it on sooner if department policy requires, and that the BWC should not be turned off until the incident is over, unless an exception is met.

Consider the following scenario: An officer equipped with a BWC responds to a domestic dispute at a residence. When the officer arrives, the officer enters the residence and informs the residents of the BWC and advises them they can decline to be recorded. The residents decline recording, and the officer shuts the BWC off. If the officer determines, in the course of the investigation, that a warrantless arrest for domestic assault will occur, the officer will re-activate the BWC for the arrest. Later, the first portion of the video— where the residents declined recording, prior to the warrantless arrest—will need to be redacted.

Retention Schedule Paragraph XVI requires recordings to be “permanently destroyed by overwriting or otherwise no sooner than 30 days and no longer than 180 days from the date the images were recorded.” However, the recording must be kept for a minimum of three years when it captures images of the following: • Any action by a law enforcement officer that involves the use of deadly force or deadly restraint.

• The discharge of a firearm, unless for the destruction of an animal.

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CAMERAS from page 25 • Death or serious bodily injury.

• An encounter about which a complaint has been filed with the police department within 30 days after the encounter.

Finally, a recording that is being retained by the law enforcement agency as evidence in a civil or criminal case or as part of an internal affairs investigation or as part of an employee disciplinary investigation must be kept as long as is necessary for the purposes of the case and/or investigation.

Use and Handling of Recordings The BWC law gives police departments the authority to use BWC recordings as a training tool, provided the person’s image and vehicle license plate numbers are permanently deleted, distorted, or obscured, or the person has been given an opportunity in writing to decline to have his or her image or vehicle registration used. These training videos may only be used by officers for training purposes only.

The last section of this law also states that any recording taken in violation of RSA 105-D, or any other law, shall be immediately destroyed and not be admissible in any criminal, civil, or administrative proceeding, except for an officer for violating the provision of this chapter. In a proceeding against an officer, the record-

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ing shall be destroyed at the conclusion of the proceeding and all appeals.

Finally, the law states that except as authorized in this law, no person (including officers and supervisors) shall edit, alter, erase, delete, duplicate, copy, subject to automated analysis or analytics of any kind, including but not limited to facial recognition technology, share, display, or otherwise distribute in any manner any BWC recordings or portions thereof. However, this section does allow the sharing of still images captured by the BWC to help identify individuals or vehicles suspected in being involved in a crime.

Other Applicable Laws In relation to this new law, legislators also revised two other laws: RSA Chapter 91-A, (the Right-to-Know Law), and RSA Chapter 570-A (New Hampshire’s Wiretapping and Eavesdropping Statute).

• Revisions to Right-to-Know Law (RSA 91-A) RSA 91-A:5 provides that any video footage from a BWC is exempt from release under the Right-to-Know Law if used in accordance with RSA 105-D, but there are exceptions. Videos that show any restraint or use of force by officers, the discharge of a firearm, or an encounter that results in an arrest for a felony level offense must be disclosed; however,

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there is an exception to those exceptions: Recordings or parts of a recording that would be an invasion of privacy of any person or which are otherwise exempt from disclosure under another law are exempt from disclosure.

• Revisions to Wiretapping Statute (RSA 570-A) New language in RSA Chapter 570-A makes it lawful for a law enforcement officer to take a bodyworn recording as long as the requirements of RSA 105-D are met.

The Cost RSA 105-D requires that access to all BWC files be audited to ensure that only authorized users are accessing the files for law enforcement purposes only.

Paying for cloud storage and the purchase of a software solution to comply with access control of these digital files present significant costs. The number of cameras and equipment will be dependent on the department size. For smaller departments, the costs could be as low as $6,000 for the first year (for the purchase of equipment, software and cloud storage), and then $2,000 for the following two to four years (for cloud storage and software licenses), and up to $20,000 for an all-in-one package, depending on the contract with the solution provider.

Most companies that offer the cloud storage and software solutions also offer the camera hardware and accessories as a package deal.

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• Service Providers Some of the companies that are pushing their total BWC solution include Watchguard, Taser (now Axon), and Safariland (Vievu). Complete Integrated Solutions offers a different solution—their product package supplies the cameras, software and a server to host the complete BWC solution “in house.”

This is a viable solution for departments that are not on-board with cloud storage. Axon now offers their cameras, software, and cloud storage free for a year, with the hopes that departments will buy in to their system.

• The “Go-it-Alone” Approach By purchasing cameras individually, and not using a complete solution offered by one of these companies, police departments can use existing resources to comply with RSA Chapter 105-D. Any police department that uses a Windows Active Directory domain network could use network auditing policies and access control lists/security groups in order to comply with the law for purposes of tracking and auditing the digital files.

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There are other associated costs involved with this “go it alone” approach, such as an increase in hard drive storage space, and then even more storage space for redundant backups, and the time and resources it will take to manually delete files in compliance with the retention schedule.

This does not include the cost of purchasing video editing software for the redaction of videos that are required by the statute, or the cost of network bandwidth to process video files, possibly restricting the day-to-day demands on the network. Last, but not least, the costs associated with training employees to implement and use all of these software solutions, versus

hiring outside IT Support. It may be a little cheaper to use this “go it alone” plan, but there are some things that you would not get, such as 24/7 tech support, contract covered extended equipment warranties, ease of use and increased time and efficiency.

In conclusion, BWCs are coming to New Hampshire, and although a few departments have them already, more departments have yet to implement them. Successful implementation requires research and preparation, and it will be up to each police department to determine the best way to meet the requirements of RSA 105-D and the needs of the department.

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Mark your Calendars for the

2017 Municipal Law Lecture Series Saturday, September 23

Saturday, October 14

Medallion Opera House, 20 Park Street, Gorham

NHMA Offices, 25 Triangle Park Drive, Concord

Full Day Workshops with Three Lectures Land Use and Water Protection Telecommunications and Land Use Boards Land Use Board Procedures: From Application to Decision *Agenda and registration information will be available in July.

Mark your Calendars for the

2017 Municipal Law Lecture Series Saturday, September 23

Saturday, October 14

Medallion Opera House, 20 Park Street, Gorham

NHMA Offices, 25 Triangle Park Drive, Concord

Full Day Workshops with Three Lectures Land Use and Water Protection Telecommunications and Land Use Boards Land Use Board Procedures: From Application to Decision *Agenda and registration information will be available in July.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

National League of Cities Research on Technology & Mobility

T

oday many transportation plans which project outcomes decades into the future focus almost entirely on the problem of automobile congestion and prescribe increased infrastructure in the form of new roads as the primary cure. Experts and trends, however, point to a future that will be increasingly multi-modal.

The topic of mobility and technology is a key consideration for cities as they plan for the future of their communities. The National League of Cities’ (NLC) City of the Future initiative explores existing trends and predicts future developments so that cities can anticipate changes in the urban landscape and prepare accordingly.

This multi-year research project focuses on five different factors that affect cities: technology, economics, climate, culture and demographics.

The first report in this series focuses on the nexus between mobility and technology. Creating a transportation network – a platform for commerce and human interaction – is one of the oldest and most important functions of government. This report lays out two core scenarios focusing on the possible impacts of technology on mobility: one which centers around short-term predictions that may manifest themselves by the year 2020, and another which centers around the long-term predictions that could be seen by the year 2030 or later.

Technology is leading cities to more dynamic transportation systems where people shift seamlessly between multiple modes depending on their needs. The ultimate goal of cities must be to combine different transit modes into a coherent whole, so that moving from place to place is easy, equitable and enjoyable.

This report can be downloaded at NLC’s website at Technology under Topics tab at www.nlc.org.

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★

BEST PRACTICES ★

New Hampshire Municipal Association

Best Practices Series

★

BEST PRACTICES ★

Alternate Service Delivery: Shared Services Background: Governments continue to address funding issues related to their budgets - often resulting in the reduction of programs and services. In addition, governments often face an increase in service responsibilities. At the same time, residents are demanding that governments demonstrate improved efficiencies and even offer new or improved services without new taxes.

To meet these challenges, governments are becoming more and more interdependent, including cooperating to deliver services. The services most often provided collaboratively include health and human services, transit systems, airports, sewage collection, disposal of hazardous wastes, libraries, tax assessing, and title records.

Informal (handshake agreements) may include such items as sharing information or equipment, coordination of individual efforts, or joint promotion.

More complex or formal agreements might include contracting with another government for service, sharing facilities, purchasing/insurance pools, merged departments, special districts, or regional planning. Shared services that might be the most difficult to achieve include mergers, annexation, or service provision transfers, especially where political support is required. Formal intergovernmental cooperation often includes written agreements among governments and may require a division of labor and/or transfer of funds.

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Suburbs may be more likely to enter into shared services agreements due to the greater density of governments in a metropolitan area, proximity, and similar levels of service. Rural communities might consider shared services due to their smaller size and lack of resources. Rural areas may have more cooperative agreements between different types of governments.

In all cases, alternative service delivery that involves shared services requires governments working together to achieve shared policy objectives. Governments are encouraged to cooperate to provide their residents services they could not provide on their own or to provide their residents lower cost and/ or higher quality services.

Recommendation: GFOA recommends that governments examine the benefits of alternative service delivery that involves shared service efforts and utilize the process described below for successful implementation: 1. Getting Started. Governments should organize themselves so relationships can be established that encourage the identification of prioritized opportunities. Talking with communities who have successfully launched cooperative initiatives is one such example.

Stakeholders such as unions or customer groups can play a successful role in the establishment of intergovernmental efforts. Communicating with them early and often can improve chances for positive

NEW HAMPSHIRE TOWN AND CITY

implementation. There are several potential outlets to find shared service information such as extension offices of state universities, local government relation offices of state governments, local and national professional associations, and councils of governments.

2. Feasibility Study. Clearly identify the costs, benefits, and potential risks of a proposed agreement.

Data collection may be necessary for more complex endeavors.

Governments need to determine to the greatest extent possible the return on investment, both in financial and quality terms. Key items that should be considered in the feasibility stage include goals and objectives, tangible and intangible benefits, potential barriers (political, economic, funding, human resource, legal, social, and/or economies of scale).

3. Coming to Agreement. Agreements between collaborating communities should address the following: • Liability and Legal Basis for the Relationship. This would include enabling legislation, understanding of relevant employment law, and risk management (including workers’ compensation and indemnification). It is also important that legal counsel for all participating jurisdictions review the agreement before it is finalized. www.nhmunicipal.org

• Cost allocations (both direct and indirect). Cost allocation establishes the methodology for deciding who pays how much.

Consideration may also need to be given to the handling of capital expenditures and any revenue coming in from this service.

• Financing. Revenue sources must be identified to fund the service.

The establishment of an authority with its own taxing powers may be necessary for more complex services without designated revenue sources where allowed by state statute. Debt financing may also be considered, but could be dependent on legal statutes.

• Governance structure, membership, and protocols. A governance structure must be in place to facilitate oversight and communication. This may include elected officials, staff, and citizens.

• Time period covered. The agreement needs to specify the time period covered with a process for renewal of the agreement. If there is a sunset provision, that time frame should be specified.

• Dispute resolution and mediation. A clause or some language in the agreement should cover how disputes will be resolved.

Arbitration may be an option.

• Service Level Agreements. The level of service agreed upon and expected by all participating entities should be explicitly documented

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with associated performance measures to ensure that level of service is achieved. The measures should focus on the quality of the service.

• Termination clauses. A critical feature to the intergovernmental agreement is the opt-out provision, which is often crucial to gaining political support for the agreement. It is important to ensure that the opt-out clause is practical and will not, if enacted, disrupt service delivery. Likewise, opt-in provisions should be considered for those governments that might want to join.

4. Implementation. Continuity of service is of primary concern for stakeholders. For this reason, the transition must ensure a seamless provision of services. To avoid the risk that service quality will suffer, emphasis must be placed on proper training of employees providing the service. Performance measures/benchmarks and/or milestones should be established related to the particular service.

As much as possible, governments should try to simplify processes for providers to ensure good working relationships. A decision should be made on the most effective means to provide administrative or support services.

5. Ongoing Monitoring. A shared service agreement should be treat-

ed as a contract, and the terms and conditions should be monitored regularly to ensure they are being met. All governments involved need to agree on what will constitute regular monitoring frequency (e.g., holding monthly meetings of the original study committee or the new governing committee to monitor progress and contract compliance), what to monitor, how to measure what is monitored (e.g., customer satisfaction, finances, employee performance, hiring, and safety), communicating results (reporting format may include the medium or media for communicating the results (e.g., internet, paper reports, etc.)), and quality and quantity of work performed.

6. Long-term Review/Agreement Reassessment. Changes in the service environment may necessitate regular review of the agreement. The original assumptions or parameters surrounding the agreement may need to be adjusted at various intervals.

Approved by GFOA’s Executive Board: June 2009. The Government Finance Officers Association (GFOA), was founded in 1906, and represents public finance officials throughout the United States and Canada. GFOA’s mission is to promote excellence in state and local government financial management.

For more information visit the GFOA website at www.gfoa.org.

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?

?

NAME

THAT

TOWN OR

CITY

?

? ?

Name the town in which this town hall is located?

First granted in 1727 by Lieutenant Governor John Wentworth, the town was named for William Wake, Archbishop of Canterbury. The town was originally a militia fort and trading post of Capt.

Jeremiah Clough where Indians came to trade. The town would eventually be incorporated in 1741. The town has an active historical society hosting events throughout the year and maintaining the Elizabeth Houser Museum in the old Center Schoolhouse (originally one-room school house) as well as an archive of historical materials dating back to the early 18th century. Among the notable works in the archive are the Lunther Code Collection of Glass Negatives, documenting classic life in New England.

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

ANSWER TO PHOTO IN MAY/JUNE, 2017 ISSUE: The photo on page 28 in the last issue of Town and City magazine was the town hall in the Town of Bethlehem. Thanks to Mary Walter (Claremont), Gary Jewell, Bruce Smith (Surry), Rebecca Warburton (Rochester), Barbara Snicer (Atkinson), Tammy Flewelling (Newport), Ken Story (Grantham), Hank Boyle (Goffstown), Joanna Ray (Littleton), Sharon Penney (Plymouth), Bill Herman (Auburn), Anthony Bean Burpee (Gilford), Susette Remson (Moultonborough), Alan Cote (Derry), and Tim Cole (Orford) who all responded with the correct answer.

— This Moment in NHMA History — 42 years ago…. Computers were not commonplace in most New Hampshire municipalities in 1975, although, strange as it may seem, not only did most New Hampshire cities use computers, but some smaller New Hampshire towns like Sugar Hill, Hill, Northumberland, Hinsdale and Conway, did as well.

31 years ago…. In 1986, municipalities struggled with growth management

measures, some for and some against, but on one issue there was overwhelming agreement across New Hampshire. That year, 137 towns voted against the siting of a federally proposed nuclear waste dump site being considered by the US Department of Energy in the state.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Mark your calendars for the

2017 Budget & Finance Workshops Tuesday, September 12

Tuesday, September 26

SERESC Conference Center, 29 Commerce Drive, Bedford

Attitash Grand Summit Hotel, 104 Grand Summit Drive, Bartlett

Attendees will receive the NEW 2017 Edition of The Basic Law of Budgeting: A Guide for Towns, Village Districts & School Districts! *Agenda and registration information will be available in July.

N E W

H A M P S H I R E

M U N I C I P A L

B O N D

B A N K

Mark your calendars for the The Bond Bank’s Next

Basic Loan Requirements:

2017 Budget & Bond Finance SaleWorkshops Issue will be

• Bond issue approved by governmental entity

Tuesday, September 12 • Completed application SERESC Conference approved

by Bond Center, Bank Board Drive, Bedford 29 Commerce • Audit by CPA Firm

on January 10, 2018 Tuesday, September 26

Attitash Grand Summit Hotel, Grand Summitproject Drive, Bartlett Do you104 have a capital that

needs financing?

We can assist you with your planning by providing various scenarios

Attendees will receive NEW Edition of The Basic on 2017 level debt or level principal payments for Law different terms.

• Local bond counsel opinionthe based Contact us now for your estimated debt schedules. of Budgeting: A Guide for Towns, Village Districts & School Districts!

To schedule a meeting, obtain debt service schedules, or for details

about our schedule, Bond Anticipation *Agenda and registration information will befees, available in July. Note programs, and current NEW HAMPSHIRE MUNICIPAL BOND BANK

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interest rates, please contact Tammy J. St. Gelais, Executive Director, at info@nhmbb.com or call (603) 271-2595 or toll-free in NH at (800) 393-6422. For more information, visit our website at www.nhmbb.org.

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UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities. In this issue, we hope you enjoy meeting Deb Intonti, Executive Assistant to the Town Manager and Board of Selectmen and Human Resource Coordinator with the Town of Raymond.

TC: What are your duties and responsibilities as Executive Assistant/HR Coordinator?

DI: I perform a wide range of complex, executive secretarial and administrative support functions for the Town Manager and Board of Selectmen and HR Coordinator for all town employees. I coordinate and assist in personnel decisions, labor relations/negotiations and other HR responsibilities.

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

DI: The public’s attitude toward local government can be apathetic and at times cynical. I think the biggest challenge is gaining the public’s confidence that you are here to do the best job you can. Having leadership skills to tackle the tough issues, communication and listening to the citizens is the good place to start the process of transparency and building relationships both professionally and personally.

Deb Intonti

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

DI: NHMA administration and staff are always there to help when we need assistance or have general questions. They also supply a variety of innovative trainings with knowledgeable speakers. We utilize the job posting section to post all jobs positions on the NHMA website. I like the fact that municipalities have a network with other municipalities through supportive documentation, legislative issues and direct communication to staff should we need advice or guidance.

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

DI: I think it is my job as first contact for the Town Manager and Board of Selectmen to develop an organizational culture that nurtures an efficient and responsive relationship between citizens, board and committee members, and businesses that creates policies and procedures for the town operations, delivery of services and fiscal integrity. Public trust and creating the perception of professional staff working for the best interest of its citizens, establishes that confidence; which in turn translates to a supportive and positive image.

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

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

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

DI: Absolutely! From the beginning, it was evident the importance of all the committees and boards working together. I never realized how much effort it takes to provide all the needs and services to our communities. We are so fortunate that we have people in local government that are willing to go above and beyond to make our communities thrive. Providing advice and support on consultation and engagement, establishing robust systems that refer complaints and queries to the relevant area, and maintaining responsive services and processes all help to further good governance. All this while adhering to a tight budget and living within the means set forth by the citizens.

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

DI: When I arrived about 3 years ago, I brought with me a wealth of knowledge as it pertained to executive assistant work, but knew very little about municipal government. I fortunately had supportive staff that I could call on, ask questions to develop a better sense of municipal government and how it operates. I am a very detailed-oriented person and I listen and make note of items that face our local government and strive to learn all that I can about whatever is the topic of concern. Having those skills, willing to take on tasks that are challenging and learning from your mistakes is the best advice I can give someone who would want to pursue this type of career choice.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities. In this issue, we hope you enjoy meeting Chris Sterndale, Town Administrator with the Town of Nottingham.

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

CS: As the chief administrative officer for the Board of Selectmen, I implement their policies and supervise the ongoing activity of town departments. In addition to day-to-day management, I represent the board to the public and other areas of government, and work on long-range issues and service improvements. Ideally, I make the easier decisions, and put the Board in a good position to make the hard ones.

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

CS: Balancing the needs and priorities of service users, taxpayers, elected officials, and employees. Each stakeholder can have different expectations about our responsibilities as a Town government, and while the law gives us a framework there are day-to-day questions like: How far do we have to go to meet someone’s expectations, or the intent of the law?

When do we have to be consistent, and when can we make an exception? When do we have think about custom or precedent, and when do we have to just get through today?

Chris Sterndale

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

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

www.nhmunicipal.org

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

CS: This is my first job in the field, and NHMA resources have been invaluable. A few of the guide books are close at hand and well-worn, either for a quick answer or guidance on where to find more. The workshops provide deeper understanding of issues and an opportunity to learn from other communities. It has been helpful to know we are rarely the first to face a situation, and to feel like I’m never asking a stupid question.

Just as important, these resources are considered credible and authoritative throughout the town government.

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

CS: No, despite that fact that I’ve become so disgusted with our national politics and governance. Looking around the state, I take some comfort that our basic human needs are in good hands. Most of the things that really keep society together and functioning – like public safety, water and sewer, waste disposal – we do locally. I still trust that my neighbors will do the right thing.

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

CS: All of us reading this magazine are “in government” somehow. Most of us have been paying attention to local affairs for years. (Shout out to my dad, a Selectman and longtime public servant!) We look at local governance, services, and taxes through that lens, and see ourselves as a part of it. I am regularly reminded that most people are more detached from government. They live their daily lives without thinking as much about it, until something goes wrong or comes close to home. That’s human nature, which I try to keep in mind.

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35

The

HR

REPORT

Workforce Availability and Its Implications for Regionalization

By Mark T. Broth

I

f you attempted to create a list of “unpopular topics for public officials,” spending more money and regionalization would both be at or near the top. Elected officials are rightfully expected to be close guardians of the public purse, operating under the mandate of providing the governmental services that the public demands and expects, but at the lowest possible cost. While guarding the public purse, elected officials are also expected to protect their communities’ borders. Local control, as evidenced by the multitude of New Hampshire towns, cities, specialty districts, boards, and commissions, has long been valued over the efficiencies that could result from regionalization of municipal services.

Circumstances beyond the control of local government are making it increasingly difficult for public officials to deliver essential services without significant cost increases. Those circumstances are largely driven by demographics. According to the U.S. Census Bureau Community Survey, New Hampshire is tied with Vermont for having the 2nd oldest median age population in the United States. The New Hampshire Center for Public Policy reports that, between 1960 and 1990, migration into the State (primarily from Massachusetts) increased the workforce by 12,000 people annually. Since 1990, in-migration has been flat. The combination of an aging population, no in-migration, and the out-migration of young adults is predicted to result in a .3% annual decline in New Hampshire’s working age population, a loss of 2,500 working age adults annually. This trend is not expected to reverse itself in the near future.

An aging population has a greater need for healthcare and related services, creating a labor shortage in those fields. Several bills filed in the current legislative session focus on the current and future shortage of direct care givers. An aging population also requires more government services. Most fire chiefs would report that emergency medical services are responsible for the majority of their call volume, with seniors making up a disproportionate share of those calls.

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Senior health issues also contribute to family stress, a significant source of calls requiring a police response.

At the same time, New Hampshire’s economy remains steady, if not booming. Studies show that New Hampshire faired better than many other states during the last recession and has enjoyed a reasonable recovery. This has resulted in more hiring by the private sector. With a seasonally adjusted unemployment rate of 2.8%, competition for the few available workers has become fierce. In the public sector, the workforce availability problem is made more acute by the unique job responsibilities of police, fire, and public works employees, which require not only basic competencies but also require that applicants be drug free.

Given these challenges, how will towns and cities fill open positions for police officers, firefighters, paramedics, and CDL drivers? More and more communities are struggling to answer this question. Some communities have resorted to economic incentives, offering hiring and retention bonuses to new employees and/or increasing starting pay. Others are reviewing salary structures in light of the high turnover costs incurred when employees leave the town that paid for their training in order to accept employment with other higher paying communities. These types of adjustments will unavoidably have an inflationary effect on public employee compensation statewide. Combined with the competition from the private sector for qualified workers, some public employers will find it increasingly difficult to fill vacant positions without significant additional expense.

Which brings us back to regionalization. There are obvious efficiencies that could be realized if several communities consolidated their law enforcement, fire/EMS, and even public works activities. New technology has long allowed for regionalization of emergency dispatch functions. Available technology similarly expands the capacity of administrative personnel, so that the administrative staff of a multi-community police or fire department might not differ signifiwww.nhmunicipal.org

cantly from that of any participating community operating independently.

Simply put, every administrative expense dollar saved is a dollar that can be redirected to recruiting and retaining front line operational employees.

It is clear that the concept of regionalization must be approached in a thoughtful, careful way, so as to maintain public confidence in governmental services.

However, given the ever-increasing risk of higher tax burdens to fund employee wages and benefits, this may be a discussion whose time has come.

Mark Broth is a member of DrummondWoodsum’s Labor and Employment Group.

His practice focuses on the representation of private and public employers in all aspects of the employer-employee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion.

Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2017 Drummond Woodsum. These materials may not be reproduced without prior written permission.”

Court

Update

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

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

Now available online: Destruction by Fire “Good Cause Shown” for Abatement Carr v. Town of New London, New Hampshire Supreme Court No. 2016-0350, 5/17/2017 Non-conforming Use Limited to Uses Maintained When the Non-conformity was Established Dartmouth Corp. of Alpha Delta v. Town of Hanover, New Hampshire Supreme Court No. 2016-0304, 4/11/2017

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Legal

Q and A

By Benjamin E. Griffith and Sven Kohlmeier

Cybersecurity and Municipal Governments

M

unicipal governments are placing more and more services and information online, making it easier for their residents, businesses and visitors to interact with them. Whatever the reason for creating a robust online presence, there are substantial financial, data-based, and liability risks that present significant benefits and challenges to municipalities. There are increasingly sophisticated groups and individuals who are constantly working to take advantage of such municipal systems and information for a profit, or in support of other nefarious goals. As a result, police and court records, financial and payment systems, and personnel records for municipal water and electrical plants are among the common municipal targets of cyber-attacks.

Distributed Denial of Service (DDoS) A distributed denial-of-service (DDoS) attack occurs when multiple systems flood the bandwith or resources of a targeted system making online service unavailable to its users.

Why would a municipality be subjected to a DDoS attack by cyber criminals? This might originate with criminal activity by gangs, political protests, revenge, or a disgruntled employee. The cyber attacker need not have sophisticated technical skills to initiate a DDoS attack, but only needs to purchase the service on the Dark Web, the virtual equivalent of a black market. Like Silk Road that sold illegal drugs through the Dark Web, entities or individuals who want to operate illegally seek refuge in the Dark Web. A few examples illustrate the range of this kind of DDoS attack. The Maine.gov website was disabled by such an attack three times in March 2015 along with the Bangor, Maine municipal website and other websites. As a result of a DDoS attack in November 2015, the San Jose Police Department was offline for several days.

While the on-line risks are significant, there are defenses for protection. Among cybersecurity considerations for municipal officials are the following:

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1. Vulnerability to attacks: address known vulnerabilities and implement a system to monitor and update it.

2. Understand why hackers exploit local government websites and networks: whether a malicious attack by a disgruntled employee or an opportunistic attack by a third party, strengthen the local government entity’s resilience through constant assessment and enforcement of best practices.

3. Greatest vulnerabilities and need for protection: consider whether cyber insurance, which may require the insured entity to undertake certain predefined tasks during a security breach.

4. Best cybersecurity practices: realize that it is not a matter of whether, but when, a cyber-attack or security breach will occur; be prepared through training, an effective response process, periodic testing, and adequate recordkeeping for central and secure storage during a cyber incident; and maintain a strong communication link with law enforcement.

5. Hacking vulnerabilities of vehicles and mandatory security standards: Understand the “Internet of Things” – the linking of many previously non-Internet connected devices such as video cameras – to computer systems and the web. This makes it more important to segment networks and eliminate the “weakest link in the chain” so that a compromise of one device or sector will not translate into exploitation of the entire system.

6. Feasible means of preventing local governments from becoming gateways to federal and state hacking: make sure that the governmental entity creates network boundaries and segments that enable it to enforce detective and protective controls within its infrastructure.

One of the most common ways hackers use to gain authorized access to municipal systems is by way of “phishing” or “spearphishing” attaches. Typically using an email under false pretenses, the hacker will try to get the recipient to expose private information that can then be used to compromise identity, privacy or security. www.nhmunicipal.org

Phishing and Spearphishing Phishing is the fraudulent act of sending emails purporting to be from a reputable individual or legitimate entity in order to induce the recipient to reveal personal information, such as passwords, bank account numbers and credit card numbers.

Another cyber threat is is spearphishing, similarly delivered by e-mail and designed to exploit human vulnerabilities. Spearphishing exploits a weakness in the e-mail system technology: the sender address is assumed legitimate, hence, the recipient routinely opens e-mails that purport to have originated with colleagues, business associates, acquaintances, and friends.

If the hackers can spoof a credible sender’s address information; the recipient will be more likely to open the message. The attack delivery would be disrupted and the attack would fail if spurious e-mails were not delivered by the e-mail system, as when the e-mail recipient has an easily available means to verify the origin of the message.

Cryptolocker A well-designed trojan horse virus writing like Cryptolocker can generate for its cyber criminals millions of dollars by encrypting the target’s data and holding it for ransom until the target pays a fee. According to one cybersecurity expert, top coding talent is being recruited to write some Trojan horse viruses that lie undetected until a future date and contain malicious code that can carry out a specific action when the hacker signals the software.

Implementing Security Protections Risk management is about understanding how security events would impact assets and the organization as a whole.

Risk management is also about evaluating assets and comparing the cost of loss or replacements to the cost of protecting those assets. One way municipal governments can implement or www.nhmunicipal.org

bolster security efforts is in the form of security audits and penetration tests.

These measures call for paying ethical hackers to try to breach the local government’s system and reporting their findings. The government officials can then use this information to take pre-emptive action. Officials, from the highest to the lowest levels, must understand the long-term cost of a data security breach, and they must understand, in context, the great expense of a security audit or audits. They must count the cost not only in monetary terms, but officials must also count it in terms of the loss of trust that citizens and customers have in their governments. Further, officials must decide whether an annual or biennial security audit is sufficient in the present and future cyber landscape. Attention should be given to such emerging trends as hiring 24/7 managed professional security service providers. These professionals can operate from remote security operations centers with fully dedicated certified security teams. The teams watch the local government’s network, inside and out, and can identify real time security threats and help develop preventive counter measures.

It is not cheap, but its cost in relative terms may make it a bargain.

low cost end-user security awareness programs that are available through private-sector security organizations.

Preparation measures can combine with good awareness training, a cybersecurity policy in place that deals with unknown media, and suspicious calls or online messages that try to get employees to visit a website, e-mails with suspicious attachments.

Since employees do not always know which links they should not click on, which links are safe to open, what devices they should not connect to their office computer, or how to use a mobile device in the most secure way, a strong training policy and program can keep the environment secure.

A good start would be to form a local Cyber-Security Governance Committee consisting of the following individuals: • Cyber-Security Expert: Recruit a volunteer through the New England Chapter of the Information

Cybersecurity Awareness Training Cyber criminals usually hit the easiest targets first, much like thieves operating in a neighborhood during the holidays. A common breach can occur after a user clicks on a link in a spam or phishing email, and whether such an attack is financially motivated, or an attempt to cause mayhem in the city or town, or an act of revenge by a terminated employee, it must be confronted and effectively mitigated.

Among the simplest ways to mitigate such an attack is a good security awareness-training program. Prevention of internal breaches can be much more effective through utilization of J U LY / A U G U S T 2 0 1 7

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LEGAL Q&A from page 39 Systems Audit and Control Association (ISACA) https://www.

isaca.org/membership/localchapterinformation/pages/chapteroverview. aspx?chapterid=018. Service on such

• •

•

•

•

a board can count as continuing education credits to maintain good standing as a Certified Information Systems Auditor (CISA).

Head Law Enforcement Official: Assists in creating mechanisms for reporting cyber-crime.

Member of Governing Body (Select Board, School Board, Village Commissioners): Assures that planning aligns with local strategic vision and facilitates the approval of resolutions to support the effort.

Municipal Information Technology Professional: Knowledge of systems, data and access levels are necessary for risk assessments, implementation, and monitoring.

Municipal Manager or Administrator: Brings strong knowledge of functional processes in the local government that aid with both risk assessments and implementation and monitoring.

School Board Representative: Assists with improving the school district’s cyber-security posture and provides insight into developing a cyber-security curriculum.

The risk landscape regarding technology is complex and fast changing.

Thus, municipal officials need to evaluate existing policy and governance for managing these risks as effectively as possible. It is crucial to have strong support for security policies and measures. Local government leaders need to be behind these policies if they are to be enforced throughout the municipal organization. Moreover, policy and governance documents need to be constantly reviewed and refreshed as new technology is adopted.

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∗

This is a condensed and edited version of a paper entitled Open Data, Government Transparency, Cybertheft & Individual Privacy delivered at the International Municipal Lawyers Association

2017 Mid-Year Seminar by Benjamin E. Griffith, Griffith Law Firm, Oxford, MS, www.glawms.com and by Sven Kohlmeier, Kohlmeier Law Firm, Berlin, Germany, www.kanzlei-kohlmeier.de.

Best Practices for Municipalities A number of best practices for municipalities were identified in Cybersecurity for Municipalities, a program presented at the Colorado Municipal League’s June 2015 Annual Conference, accessible at https://www.cml.org/ Issues/Technology/Cybersecurity-for-Municipalities. Among these best practices are the following: 1. Encryption: Financial systems and personnel data should be encrypted.

2. Control over Administrative Functions: Administrative functions can be tightly controlled.

3. Strong Passwords: Strong system passwords can be changed every thirty to sixty days, using password manager software for staff to enter passwords to systems or access the network.

4. Blocked Access for Hackers: Access via persons using TOR (free software that prevents people from learning your location or browsing habits) as their website browser should also be blocked since it is a favorite tool used by hackers to hide their origin while hacking a network.

5. Cybersecurity Staff: A full time cybersecurity officer may be hired by the largest municipalities, although this is not feasible for most municipalities due to cost. Further, qualified cybersecurity staff members are in short supply and are paid more than most municipalities can afford.

6. Shared Service Agreements: Municipalities can consider using a sharedservice agreement to hire a cybersecurity resource to be shared across multiple municipalities. This resource could create common policies, monitor their implementation, conduct training, work with individual departments where needed and bring best practices to the municipalities at a level they can afford.

7. Cybersecurity Policies: Municipalities can establish a comprehensive cybersecurity policy that is reviewed twice a year with staff to ensure they understand all of its elements, including holding separate meetings where policy elements apply only to a single department, and providing guidance and training where the policy applies to volunteers and elected/ appointed officials, and providing them with a good overview of their responsibilities and restrictions.

8. Obtaining verified status on Twitter and using two-factor authentication.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

NHMA Releases New Publication on New Hampshire’s Right-to-Know Law

Check out our new “go-to” resource for municipal officials when confronted with the numerous legal issues surrounding New Hampshire’s Right-to-Know Law.

Only $50 for Members $95 for Non-members The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state.

Every board, committee, commission, and sub-committee in every town, city and village district in New Hampshire must comply with this law. As a result, all local officials and employees must understand the law and their responsibilities regarding both public meetings and governmental records.

Join Legal Services Counsel Stephen Buckley, Government Affairs Counsel Cordell Johnston, and Staff Attorney Margaret Byrnes for a full day workshop on Friday, September 8 on the Right-toKnow Law. They will address some of the most difficult issues under the law, including confidential information, electronic records and communication, procedures for nonpublic sessions, and communications outside a meeting. There will be ample time for questions and answers on all aspects of the law.

To order your new book today, please call Judy Pearson at 603.230.3355 or email jpearson@nhmunicipal.org.

Learn more about the Right-to-Know Law at a full-day workshop on Friday, September 8 in the seacoast area. $90 includes workshop, meals and new book!

Check our website for registration details. www.nhmunicipal.org

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Periodical Postage Paid at Concord, NH

25 Triangle Park Drive Concord, NH 03301

Connect your tech, collect a check!

I

f you are a HealthTrust medical plan Enrollee, you may receive up to $100 reimbursement for connecting a fitness device to your Onlife Health account. Visit our website to watch an informative how-to video. It’s quick and easy.

Medical Prescription Drug Dental Disability and Life Slice of Life Wellness Program LifeResources Employee Assistance Program LiveHealth Online SmartShopper

800.527.5001 www.healthtrustnh.org