New Hampshire Town and City, May-June, 2017

May/June 2017

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Creating a Culture of Wellness at Work......................8 Boosting Your Energy at Work: A Recipe for Success...................................................................11 The Myth of Employment At-Will..............................15 Managing Your Stress.................................................19

Contents Table of

Volume LX • Number 3

May/June 2017

3 A Message from the

NHMA Executive Director

5 Happenings 7 Upcoming Events 26 Best Practice Series: Best Practice: Cash Flow Analysis 28 This Moment in NHMA History 32 Up Close and Personal on the Board: Caroline McCarley 33 Up Close and Personal in the Field: Laura Buono 34 The HR Report: Marijuana in the Workplace 36 Legal Q and A: Ensuring a Drug and Alcohol Free Municipal Workplace

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Creating a Culture of Wellness at Work

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Boosting Your Energy at Work: A Recipe for Success

15

The Myth of Employment At-Will

19

Managing Your Stress

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Change Direction New Hampshire: It’s Way Past Time

Cover Photo: Ossipee Town Hall by Selectmen Sandra “Sam” Martin.

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).

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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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n this unusual town meeting season, many local officials completed their terms of office in March. We thank all of you for the time and energy you have devoted to public service. To those officials who have been elected, or re-elected, to serve your town, please accept our most sincere congratulations. Your experience will be rewarding, and no doubt challenging. To successfully navigate the complexities of local government, I urge you to look to the broad array of resources provided by NHMA. We offer services and programs that will give you the knowledge and tools for making the best possible public decisions. Just go to NHMA’s website (www.nhmunicipal.org) for more details and also be sure all new officials are signed up for NewsLink—NHMA’s bi-weekly electronic newsletter.

We also have a couple of new services we’d like to tell all our members about.

Have you heard about our new member benefit, the Employment Law Hotline? NHMA and the Drummond Woodsum law firm recently announced the creation of this service, available to city and town members of NHMA. Drummond Woodsum labor law attorneys will provide, at no charge, up to one half hour of legal advice per employment issue.

Before you act on a troublesome employment issue, call 603.623.2500 or email them at ehotline@dwmlaw.com. Also, save the date of May 11 when Drummond Woodsum attorneys will present a full-day workshop (see workshop flyer on page 30) of common laws and regulations that effect public sector employers in New Hampshire. This workshop is likely to sell out fast, so reserve your seat today.

I am also excited to announce that NHMA’s legal team is putting the finishing touches on a new Right-to-Know Law publication, A Guide to Open Government: New Hampshire’s Right-to-Know Law. This new guidebook will be released in June, in coordination with a new full-day workshop on Thursday, June 8th here at the NHMA offices. The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state and every board, committee, commission and subcommittee in every town, city, school and village district must comply with this law. See the workshop flyer on page 42 for more information and if you are unable to attend this June workshop, don’t worry— we have another one planned for Friday, September 8th in a seacoast location.

As you can see, NHMA is all about serving and meeting the growing needs of our members. We thank all the political subdivisions that support NHMA with their continued membership; because of you NHMA remains strong and continues its long tradition of advocacy for local government. In this crazy world we live in, our mission is to support our members, whether it is legislative advocacy, Town & City magazine, providing legal advice, or presenting workshops. We appreciate the support from our members so we can continue to provide support to our members!

Warmest regards,

Judy Silva NHMA Executive Director

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HAPPENINGS NHMA Welcomes Its First Business Administrator NHMA recently welcomed Judith Pellowe into the staff family as the organization’s first business administrator. Pellowe’s job will be to manage the finance and human resources for the Association and its employees, and to assist the Executive Director in managing administrative functions. Before joining NHMA, Judith was the business office manager for a medical practice on the New Hampshire seacoast.

Judith received her B.A. from Wells College, and a degree in accounting from McIntosh College. Judith is also certified in Human Resources by the Society for Human Resource Management and the HR Certificate Institute.

Judith has lived most of her life in New Hampshire, and several generations of her family hailed from Laconia. Judith and her husband live in Alton and have five daughters. Judith’s hobbies include gardening, cooking, hiking, and watching live music.

You can contact Judith at 800.852.3358, ext. 1302 or by email at jpellowe@nhmunicipal.org.

Welcome, Judith!

NHMA Board Chair Brent Lemire Goes to Washington In February, NHMA Chair, Brent Lemire, who also serves as a selectman in the Town of Litchfield, flew into Washington, DC, together with more than 35 local leaders from more than 20 state municipal leagues, to meet with federal officials to build local-federal partnerships and to tell Congress why www.nhmunicipal.org

Kentucky University and University of Wisconsin-Madison. For over 40 years, Mr. Preece worked as a planner in local and regional planning agencies as well as a planning consultant in Los Angeles, San Francisco, New York City, Washington D.C., Beloit, Wisconsin, and Park City, Utah. He has received several awards for his leadership and contributions to planning.

NHMA wishes you a wonderful retirement, David!

NHMA Staff Hits the Road city priorities – including infrastructure and protecting municipal bonds – will help move America forward. The fly-in was coordinated by the National League of Cities (NLC).

“With so many new faces on Capitol Hill, it’s important that municipal leaders building relationships with federal officials and tell them why municipal priorities are critical to the success of our nation,” said Lemire.

“This day of action shows our federal partners that cities need a seat at the table when debating policies that affect cities and our communities,” added NLC CEO and Executive Director Clarence E. Anthony.

Manchester - NHMA Board Member and City Alderman Pat Long, and Manchester Mayor Ted Gatsas, speak from the podium.

SNHPC Preece to Retire in June

NHMA’s Executive Director, Judy Silva, and Government Finance Advisor, Barbara Reid, spoke before the Manchester legislative delegation on February 10 regarding legislative issues impacting the city, including a focus on retirement issues. Both Silva and Reid made a similar presentation on the state retirement issue before the Claremont City Council on February 22.

David J. Preece, AICP, will be retiring in June from the Southern New Hampshire Planning Commission (SNHPC) where he has served as Executive Director and CEO since December 2004. Mr. Preece holds graduate degrees of Urban and Regional Planning from Western

Claremont - Judy Silva and Barbara Reid address the Claremont City Council.

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HAPPENINGS from page 5

Bond Bank’s St. Germain to Retire After Nearly 30 Years of Service For over three decades, the New Hampshire Municipal Bond Bank has provided loans to Granite State local governments. And at the helm for most of those years was Sheila M. St. Germain, the Bond Bank’s Executive Director. In April, Sheila retired after nearly 30 years of service working closely with dozens of New Hampshire municipalities in the issuance of their bonds, bond anticipation notes and tax anticipation notes.

“It has been a pleasure to work with Sheila during my years on the board.

Sheila’s decades of service and leadership of the NHMBB has helped to make the bank an indispensable resource to most towns and municipal agencies in New Hampshire,” said Matthew D. Boucher, Chairman of the Board of Directors. “Her hard work and dedication has meant that she leaves the bond bank in a strong financial position to provide cost effective municipal financing to its clients for many years to come. The NHMBB board wishes her the best during her well-deserved retirement. She will be greatly missed,” added Boucher.

In recognition of her retirement, the Bond Bank will be hosting a retirement party at 25 Triangle Park Drive in Concord from 12:00 p.m. – 3:00 p.m. on Tuesday, June 20, 2017. Lunch will start at noontime and refreshments will be available until 3:00 p.m. If interested in attending, please send RSVP to Tammy St. Gelais at tstgelais@nhmbb. com or by phone at 603.271.2595.

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Sheila’s replacement is Tammy J. St. Gelais, formerly Deputy Director, who has been with the Bond Bank since August 2000. Congratulations on your

retirement, Sheila! NHMA thanks you for nearly 30 years of dedication and exceptional service to the Bond Bank and our member municipalities.

A Salute to 25 Years of Service

NHMA would like to recognize NHMA’s Executive Director, Judy A. Silva, on her career milestone and we would like to acknowledge the commitment and dedication she has demonstrated to this organization over the past 25 years.

Judy started working for the NHMA in 1992 and has held several different positions, beginning as a Staff Attorney, providing legal advice and training for local government officials. She then held the position of Government Affairs Counsel for many years, focusing primarily on legislative advocacy and representing the interests of local government before the New Hampshire Legislature and government agencies.

She became Acting Director of Legal Services and Government Affairs in September of 2009, and assumed the full position in July 2010, continuing to lobby and managing the many activities and responsibilities of the Legal Services and Government Affairs Department. Judy is a graduate of the University of New Hampshire and Franklin Pierce Law Center.

She was a trial attorney at the New Hampshire Public Defender Program after graduating from law school and practiced in the private sector before joining NHMA. On October 13, 2013, the NHMA Board of Directors appointed Judy to the position of Executive Director, having served as Interim Executive Director since March, 2013. Thank you, Judy, for the integral part you have played in making the NHMA the vibrant, dynamic organization that it is today.

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Upcoming

Events

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

MAY Local Officials Workshop – Sugar Hill Thursday, May 4 9:00 a.m. – 4:00 p.m.

The Meeting House, 1448 Route 117, Sugar Hill Local Officials Workshop – North Conway Wednesday, May 10 9:00 a.m. – 4:00 p.m.

North Conway Water Precinct, 104 Sawmill Lane, North Conway Workshop: Employment Law Update 2017: Hot Trends and Developments Thursday, May 11 8:30 a.m. – 4:00 p.m.

NHMA Offices, 25 Triangle Park Drive, Concord Workshop: 2017 Municipal Liability and Immunity Workshop Wednesday, May 17 1:00 p.m. – 4:15 p.m.

NHMA Offices, 25 Triangle Park Drive, Concord Local Officials Workshop - Stratham Tuesday, May 23 9:00 a.m. – 4:00 p.m.

Stratham Municipal Center, 10 Bunker Hill Avenue, Stratham

30th Annual Mountain of Demonstrations Hosted by the New Hampshire Road Agents Association Thursday, May 25 8:00 a.m. – 1:00 p.m.

Mt. Sunapee Resort, Newbury

JUNE Local Officials Workshop - Concord Saturday, June 3 9:00 a.m. – 4:00 p.m.

NHMA Offices, 25 Triangle Park Drive, Concord Workshop: Right-to-Know Thursday, June 8 9:00 a.m. – 4:00 p.m.

NHMA Offices, 25 Triangle Park Drive, Concord Webinar: 2017 Legislative Wrap-Up Wednesday, June 28 12:00 p.m. – 1:00 p.m.

Fundamentals of Local Welfare Workshop Thursday, June 15 9:30 a.m. – 2:15 p.m. (Registration at 9:00 a.m.)

NHMA Offices, 25 Triangle Park Drive, Concord

Webinar: References to Records Check: Best Practices for Background Investigations Wednesday, May 24 12:00 p.m. – 1:00 p.m.

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Creating a Culture of

Wellness at Work

By Kerry Horne, M.Ed.

HealthTrust Wellness Coordinator

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he 40-hour work week has become a thing of the past. American adults now work 47 hours per week on average, according to a recent Gallup poll, and those longer work hours can increase their risk for certain health problems, especially for people who have stressful, sedentary jobs. More demands are put on employees today and increasingly the work/life balance is diminishing. As an employer, you can play a key role in keeping your employees healthy, productive and engaged by creating a culture of wellness at your workplace.

What is a Culture of Wellness?

Culture is the character and “pulse” of your organization.

Every worksite has its own unique character; the goal is to incorporate health and wellness into your culture slowly over time. By taking baby steps that will lead to long-term sustainability, you can create a culture of wellness at your worksite through individual and group wellness programs and educating and engaging your employees to transform unhealthy habits into healthy ones. Behavior change sticks when it becomes part of your organization’s daily routine and when it is aligned with your organizational goals.

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Most workplace wellness programs target certain key lifestyle risk factors that are related to chronic diseases, the leading drivers of increasing healthcare costs for employers, and reduced productivity from employees missing work because of illness and/or stress. The Centers for Disease Control and Prevention (CDC) state that chronic diseases affect nearly half of all Americans, cause 7 out of 10 premature deaths, and are the most common and costly of all health problems.

Some of the leading lifestyle risk factors that contribute to chronic illness include: • • • • • • • •

smoking poor diet physical inactivity lack of preventive health screenings stress lack of sleep obesity alcohol consumption

Today, the goal of many worksite wellness programs is to reverse these lifestyle risk factors and create a healthier, more www.nhmunicipal.org

supportive and even happier workplace for everyone.

Elements of a Successful Worksite Wellness Program Building a culture of wellness at your worksite takes time and involves all levels of management within your organization. Successful programs: • have strong management support, • have strong leaders or wellness champions, • cultivate a positive and upbeat image, • are well-designed with input from employees, • use incentives effectively.

When health and wellness are part of the overall mission of the organization they work their way into policies and the worksite environment and begin to become part of the culture. A supportive healthy work environment might include a tobacco-free worksite policy, healthy vending machine options, healthy options served at meetings, and time built into the work day for physical activity, such as walking groups.

Four Steps to a Healthier Workplace One of the first steps in creating a culture of wellness is completing a culture audit. The CDC has created a manual to assist employers in assessing worksite health promotion and wellness programs. To access it, visit www.cdc.gov and type Worksite Health ScoreCard (HSC) in the search box. Along with the HSC, the CDC has developed a Workplace Health Model that promotes the concept that workplace wellness programs can, in fact, reduce health risks, improve the health of workers and create a healthier work environment. A key component of this model is the idea that worksites can and should create an employee centered culture that offers a wide variety of programs and health www.nhmunicipal.org

based initiatives.

The CDC Workplace Health Model involves the following four steps: 1. Workplace Health Assessment – utilizing tools that assess the current worksite culture, environment and employee health. The CDC has compiled a list of tools and resources that are available to help assess your worksite at this link: https://www.cdc.gov/ workplacehealthpromotion/toolsresources/workplace-health/assessment-tools.html 2. Planning and Management – looking at short-term and longterm program goals and identifying what will work best for your worksite based on your particular demographics and resources.

As part of this step, it is critical to gain leadership support and to identify worksite champions and the resources available for this initiative. For information on planning, visit https://www.cdc. gov/workplacehealthpromotion/ planning/index.html 3. Implementation – offering individual wellness programs that encourage heathy behaviors, and promoting initiatives that encourage a healthy work environment. Examples of individual health programs could include exercise programs and classes, gym memberships, walking programs, nutrition and cooking classes, weight loss programs and smoking cessation. Examples of initiatives that promote a healthy work environment include establishing a smoke-free worksite, offering healthy vending and food options, allowing flexible work schedules and working to reduce worksite stress. For ideas and resources related to imple-

mentation visit: https://www. cdc.gov/workplacehealthpromotion/tools-resources/workplacehealth/workplace-health.html 4. Evaluation – if you have worked your way through the first three steps you need to make sure you take time to evaluate the impact your programs and initiatives are having on employee health and your worksite environment. Evaluation tools can be as simple as employee and leadership surveys. By evaluating your program you will be able to identify any potential gaps in your programming and gain valuable feedback to share with leadership and your employees.

The CDC has created a checklist that you can use to work your way through the four steps above: https://www.cdc. gov/workplacehealthpromotion/pdf/ workplacehealth-checklist.pdf

3 Keys to Success Whether you follow the CDC Workplace Health Model exactly or adapt it to fit your own workplace, here are three key action steps to keep in mind.

1. Gain Leadership Support Before beginning any program or initiative it is critical to gain leadership and management support. Take time to meet with leadership and ask for their support with your efforts. If you can get leadership on board and perhaps even involved in your wellness initiatives you have a much greater chance of success. When leadership promotes and endorses wellness efforts employees are more likely to participate and engage in your program.

2. Create a Committee The old saying “there is strength in numbers” absolutely applies M AY / J U N E 2 0 1 7

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CULTURE from page 9 to worksite wellness. The main role of wellness committee members is to communicate, participate, motivate, and support your program. Having a team that is made up of enthusiastic volunteers from all parts of your organization who are ready to promote health and wellness is important. Once you have your committee established your next step is to develop a mission statement, goals and objectives that will serve as the foundation of your committee.

3. Have Fun! Once you have leadership support and a wellness committee you are ready to begin offering programs and this is where creativity and fun can lead to engagement. Start by surveying your employees to ask what they want to focus on; use those results to plan your wellness programs. One common mistake made at the start of a wellness program is to have survey results that indicate one area of interest from employees, and then offer something totally different. For example if your survey results show your

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employees would like to learn to reduce stress and you offer a weight loss program, you have not utilized your survey results to your benefit.

A better option might be to have a stress management lunch-andlearn, or perhaps to contact staff from a local massage school to come to your worksite and offer free chair massage.

The Big Payoff By creating a culture of wellness at your worksite you are investing in your employees. The benefits go beyond reducing stress and improving employee health; they can also include encouraging teamwork and collaboration, improving productivity, and increasing employee engagement, loyalty, happiness and health. Can you think of any other investment that offers such a big return? No wonder many employers today are seeing the value that a healthier workforce has not only on their work environment but on their bottom line.

Kerry Horne, M.Ed. is a Wellness Coordinator at HealthTrust. Kerry can be reached by phone at 603.230.3356 or my email at khorne@healthtrustnh.org.

http://www.gallup.com/poll/175286/ hour-workweek-actually-longer-sevenhours.aspx https://www.cdc.gov/

Challenges That Work Need a little inspiration to get started offering wellness programs at work? Here are a few program ideas to consider offering to your employees.

• yoga or exercise classes • discounted gym membership or reimbursement • lunch-and-learn programs • cooking demonstrations • stress management classes • chair massage • group and individual challenges • creating a healthy office cookbook • worksite wellness newsletter • Fitbit challenge • Biggest Loser challenge.

Source:

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Boosting Your Energy at Work: A Recipe for Success

By Ashley Brigham, RD HealthTrust Wellness Advisor

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o you often feel like you are dragging, unmotivated, or apathetic while at work? Feeling lethargic during the workday is common; in fact, a study of three large companies done by Virgin Pulse reported 76 percent of employees feel tired most days of the week. Fatigue can creep up on anyone at any time and can negatively impact your quality of life. Feeling tired can impede your productivity at work, increase stress levels, and make seemingly simple tasks seem overly complicated. Of course, getting enough sleep at night is important, but the food you fuel your body with every day is also a large, but often overlooked contributing factor to your energy levels. Fueling your body with the right amounts and types of nutrients during the work day can help boost your brain power, rejuvenate your body, and refresh your energy.

Before you reach into the candy jar or grab that extra cookie, hoping for a fast surge of energy, consider some of the following tips for energy boosting success in the workplace.

1. Include protein in your breakfast.

Eating breakfast is like starting your body’s engine each morning. It can kick start your metabolism, which has been linked to improved food choices throughout the day. Incorporating protein sources such as Greek yogurt (which has twice the amount of protein per serving as regular yogurt), a hardboiled egg or 2 tablespoons of peanut butter into your first meal of the day will help keep your energy level consistent throughout the morning. Pairing your morning protein with a piece of fruit, and a healthy, fiber-rich whole grain such as oatmeal or whole grain toast, will balance your

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meal and provide your body with a variety of vitamins and minerals.

2. Bulk up the fiber content.

There is nothing worse than having blood sugar (glucose) highs and lows throughout the day. When your glucose goes through these peaks and valleys, your energy levels often follow the same path. Thankfully, incorporating fiber into all meals and snacks will help mitigate the blood sugar roller coaster, and help provide an even energy source throughout the day. Current dietary guidelines for Americans recommend consuming 25 grams of fiber per day for women and 30 grams per day for men. Actual consumption of fiber for the average American is about 15 grams per day—so many of us have room for improvement! Remember to always consume water with fiber rich food sources. Without water, fiber may leave you feeling uncomfortable and bloated. Legumes, fruits, vegetables and whole grains all are good sources of fiber. To maximize your fiber intake, add legumes to your salads, soups or casseroles, eat fruits and/or veggies with each meal and substitute whole grain foods for refined grains whenever possible.

3. Try a handful of almonds, or hazelnuts.

Although nuts are known for their high fat content, they are rich in healthy, unsaturated fats, which have been shown to help improve heart health and lower cholesterol. They are also rich in protein and magnesium—a mineral that our bodies need to utilize the sugar in our bloodstream to create energy. Having low magnesium levels can perpetuate fatigue. Other food

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BOOSTING ENERGY from page 11 sources of magnesium include beans, whole grains and dark, leafy greens.

4. Drink coffee in the morning— But don’t overdo it.

Many Americans eagerly await their morning cup of coffee, and the good news is there is nothing wrong with that! Caffeine, a stimulant found in coffee, can temporarily improve mental sharpness and also has been shown to have other long-term benefits, including possibly delaying onset of Alzheimer’s Disease—according to an article published in the Journal of Alzheimer’s Disease.

Coffee drinkers should be aware that caffeine can stay in the body for up to four to six hours, so enjoy your coffee sparingly in the afternoon and evening hours so you can sleep soundly at night.

Note that it is best to drink your coffee black or with a small amount of skim or low fat milk.

By adding sugar, cream, and dollops of whipped cream to your caffeinated beverage, you may end up increasing your waistlinenot your energy.

5. Step away from your desk at lunch.

Fewer than 20 percent of American workers regularly step away

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for lunch, and 39 percent usually eat at their desks, according to a survey done by Right Management. Incorporating a midday break into your schedule to provide new visual stimulation throughout the day can actually increase productivity.

A 2008 study, done by the University of Illinois, confirmed that the brain responds better to change, which is why prolonged attention to one task can actually impede performance.

6. Include lean meats at lunch.

Lean pork and beef, and skinless chicken are sources of complete protein that include the amino acid tyrosine. Tyrosine is a precursor to dopamine and norepinephrine, which are both chemicals in the brain that can help alertness and focus. Meats also contain vitamin B-12, which may help ease insomnia and depression.

7. Drink water throughout the day.

The average adult human body is 60 percent water. Your body uses water to digest food, lubricate your joints, regulate your body temperature, and deliver oxygen to your body parts, among many other functions. Consistently hydrating your body can help ensure your essential bodily

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functions are running the way they are supposed to which will help increase energy and relieve fatigue. Keeping a bottle of water or other unsweetened/decaffeinated beverage within grasp at all times during the day will serve as a reminder to sip frequently.

If you don’t look forward to drinking water, try seltzer water or decaf herbal tea for a different flavor. Spice up your beverage even more by adding a few slices of fresh or frozen fruit, or fresh herbs (lemon, lime, orange, cucumber, mint, and raspberries all work well). Adequate water intake should be half of your weight in ounces, so if you weigh 150 pounds, aim for 75 ounces each day. (Note: this number is for individuals in a “normal” BMI range and numbers may vary depending on presence of some medical conditions).

8. Consume plenty of fresh produce.

Another way to stay hydrated and energized is to eat fresh fruits and vegetables, which are naturally full of water. In the summer, we unknowingly lose water through our skin because of the warmer temperature, which can put us at risk for dehydration.

Snacking on apple slices, watermelon, cucumbers or celery, can help replenish some of this lost

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water and improve our alertness during the day. Other hydrating foods include soup, oatmeal and pasta, which soak up their cooking water.

9. Eat dark chocolate.

The good news is that consuming a square of dark chocolate after lunch—or any time of day—can have mood elevating effects. Chocolate contains a natural stimulant called theobromine which is similar to caffeine, but does not act as quick or as strong, giving chocolate a mild, lasting energy improving effect.

10. Don’t forget to exercise!

Try to take a 20-minute walk during the day to boost your levels of dopamine, norepinephrine, and serotonin, all brain

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chemicals which will give you more energy when you get back to your desk. Aim for 150 minutes of moderate exercise (brisk walking, swimming or mowing the lawn) or 75 minutes of vigorous exercise (running or dancing) each week.

Ashley Brigham, RD, CWWS, is a Wellness Advisor at HealthTrust. Ashley can be reached by phone at 603.226.1306 or my email at abrigham@healthtrustnh.org.

The type and amount of food you eat each day can make a lasting impact on daily energy levels, but the hours of sleep you get each night continues to be the primary way to refresh your brain and rejuvenate your energy. Pair a good night’s sleep with smart food choices and you can keep yourself mentally sharp, highly productive, and full of energy all day.

www.Mayoclinic.org

Sources used: https://news.illinois.edu/blog/ view/6367/205427 h t t p s : / / w w w. n c b i . n l m . n i h . g o v / pubmed/20182054 https://pubchem.ncbi.nlm.nih.gov/compound/theobromine https://water.usgs.gov/edu/propertyyou.html

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References to Records Check: Best Practices for Background Investigations Wednesday, May 24 12:00 pm—1:00 pm

Upcoming

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

References to Records Check: Best Practices for Background Investigations 2017 Legislative Wrap-Up

The completion of a thorough background investigation is arguably the most important step in the recruitment and selection process. Establishing a systematic process, from obtaining authorizations to developing references, will help determine if the candidate is the right fit for your organization and to identify potential issues with a candidate before they become your problem.

Join Alan Gould, retired police chief and president of Municipal Resources, Inc. for this informative webinar that will review the importance of a background investigation to the hiring process and practical tips for what to do, and what not to do, when conducting background investigations.

2017 Legislative Wrap-Up Wednesday, June 28 12:00 pm—1:00 pm Join Government Affairs Counsel Cordell Johnston and Government Finance Advisor Barbara Reid for a review of the highlights of the 2017 legislative session. This will be after the legislative session ends, so except for possible vetoes, all legislative action will be final.

This webinar will discuss the most significant bills of municipal interest that made it through the legislature this year, as well as a few that failed but may be back in the future. The discussion will include, among others, the biennial state budget, assessing issues, planning and zoning, the Right-to-Know law, municipal liability, election laws, and various other changes affecting municipal governance and administration.

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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The Myth of Employment At-Will

By Thomas M. Closson

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he doctrine of employment at-will has a long history in New Hampshire. In its decision in Cloutier v. The Great Atlantic & Pacific Tea Company, Inc., 121 N.H. 915 (1981), the New Hampshire Supreme Court succinctly summarized the doctrine as follows: “…in the absence of an employment contract, both parties [are] free at any time to terminate the employment relationship, with or without cause.”

The doctrine affords significant discretion and flexibility to employers. However, for a variety of reasons discussed more fully below, many public sector employees, including many municipal employees, are not employees at-will under New Hampshire law. Instead, many municipal employees are protected by additional contractual, statutory and/or Constitutional provisions that municipal employers cannot ignore.

Individual Employment Contracts and Collective Bargaining Agreements Application of the employment at-will doctrine is predicated on the fact that there is no employment contract between the employer and the employee. In New Hampshire, it is not uncommon for certain executive level public sector employees (i.e. City Managers, Town Administrators, Police Chiefs, Fire Chiefs, School Superintendents) to have individual employment contracts. These individual employment contracts typically outline specific terms and conditions that the employer must satisfy prior to terminating the employee, thus deviating from the doctrine of employment at-will.

Far more common than individual employment contracts, municipal employees are also often represented by labor unions. www.nhmunicipal.org

In fact, according to the United States Department of Labor, Bureau of Labor Statistics, in 2016, 43.9% of all local government employees nationwide were represented by a union.

As members of a bargaining unit recognized by the New Hampshire Public Employee Labor Relations Board, many municipal employees are covered by the collective bargaining agreements that their union representatives have negotiated with their municipal employers. Like individual employment contracts, collective bargaining agreements typically include contractual provisions intended to impose limitations on a municipal employer’s ability to terminate the employment relationship. Perhaps the most common substantive limitation, included in many collective bargaining agreements, is the contractual provision requiring that a municipal employer must have just cause in order to discipline an employee, up to and including termination. Labor arbitrators engaging in just cause analysis routinely focus on the following Seven Tests first articulated by Arbitrator Carroll Dougherty in 1964, in her decision in Grief Bros.

Cooperage Corp., 42 LA 555, 557-59: • Did the employer give the employee forewarning of the possible disciplinary consequences of the employee’s conduct?

• Was the employer’s rule or managerial order reasonably related to the employer’s orderly, efficient, and safe operation?

• Did the employer, before administering discipline to an employee, make an effort to discover whether the employee violated a rule or order of management?

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EMPLOYMENT from page 15 • Was the employer’s investigation conducted fairly and objectively?

• At the investigation did the employer obtain substantial evidence of proof that the employee was guilty as charged?

• Has the employer applied its rules, orders, and penalties evenhandedly?

• Was the degree of discipline administered by the employer reasonable?

Clearly, these Seven Tests for determining just cause impose a much higher standard on a municipal employer to justify a termination than does the doctrine of employment at-will.

Collective bargaining agreements also frequently impose procedural limitations on a municipal employer’s ability to discipline an employee, up to and including termination. For example, New Hampshire law requires all public sector collective bargaining agreements to include a “workable grievance procedure.” See NH RSA 273-A:4. These workable grievance procedures typically involve a very specific, detailed process that a municipality must follow prior to termination, usually culminating in binding arbitration. This is a far cry from the doctrine of employment at-will, which does not even require that an employer provide prior notice of termination to an employee.

State Statutory Protections Many public sector employees, including many municipal employees, are also protected by specific New Hampshire statutes. Like collective bargaining agreements, these New Hampshire statutes impose both substantive and procedural limitations on an employ16

er’s ability to terminate the employment relationship.

• NH RSA 105:2-a provides that an appointed New Hampshire Police Chief can only be terminated “… for cause, and after he or she has been presented with a written specification of the reasons.”

• NH RSA 41:48 provides that a permanent New Hampshire Police Officer “…shall continue to hold such office during good behavior, unless sooner removed for cause by the selectmen, after notice and hearing.”

• NH RSA 154:5(II) provides that a New Hampshire Fire Chief can only be terminated “…for cause, and after he or she has been presented with a written specification of the reasons.”

• NH RSA 189:14-a provides that certain New Hampshire teachers (those who have taught for 5 consecutive years or more in the teacher’s current school district, or who have taught for 3 consecutive years or more in the teacher’s current school district before July 1, 2011) are entitled to written notice including a written specification of the reason(s) for such action, and the opportunity for a hearing.

• NH RSA 202-A:17 provides that “[n]o employee of a public library shall be discharged or removed from office except by the library trustees for malfeasance, misfeasance, or inefficiency in office, or incapacity or unfitness to perform the employee’s duties.”

Constitutional Protections

ditional Constitutional protections to municipal employees. For example, in Garrity v. New Jersey, 385 U.S. 493 (1967), the United States Supreme Court applied the 5th Amendment’s right against compelled self-incrimination to public sector employees involved in workplace investigations. More recently, in Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985), the Court held that certain public sector employees may be able to assert a Constitutionally protected property interest in their continued employment, entitling them (at a minimum) to “some kind of hearing” before being terminated. Although perhaps not an onerous burden for a municipal employer to satisfy, it is still more than the employment at-will doctrine requires.

Conclusion The doctrine of employment at-will provides great comfort to many New Hampshire employers. Distilled to its core, the doctrine allows employers to make disciplinary decisions, up to and including termination, at any time, for any lawful reason. Public sector employers in general, and municipal employers in particular, need to beware, however, that employment at-will in the public sector is often a myth.

Rather than having the flexibility and discretion to terminate an employee at any time, for any lawful reason, municipal employers are often constrained by individual employment agreements, collective bargaining agreements, New Hampshire statutes, and/or additional Constitutional protections.

Thomas M. Closson is an attorney with the law firm, Jackson Lewis P.C., based in Portsmouth, New Hampshire. Attorney Closson can be reached by phone at 603.559.2729 or by email at Thomas.

Closson@jacksonlewis.com.

Finally, in the public sector, where “the State” is also the employer, the United States Supreme Court has extended ad-

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Managing Your Stress

By Jennifer Fitzgerald

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tress is part of our everyday lives. Although many would argue that avoiding stress would be ideal, good stress motivates, energizes, and helps us stay at peak performance. Without it, we wouldn’t get much done. However, too much stress is not good and can lead to numerous health concerns, including physical illness, emotional distress, and mental health issues. By changing the way we think about stress and changing the way we manage it, we can all lead healthier and happier lives.

What is Stress?

Stress is “a state of mental tension and worry caused by problems in your life, work, etc.” Stress, a reaction, is caused by stressors in our environment and in our minds. Most often, people think of stressors as outside of themselves— traffic, an argument with a spouse, financial issues, work deadlines, etc.—but stress can also be caused by our own internal dialogue. For example, we may say to ourselves, “I should have done better on that project” or “I’m not smart/ attractive/wealthy/funny enough.” These internal stressors trigger the same stress response and can be just as damaging to our overall health. We all experience stress, but our stressors and stress responses may be vastly different.

Common Stressors: • Financial issues—81% of Americans worry about this topic.

• Work and job stability—67% of Americans worry about this topic.

• The nation’s economy—80% of Americans worry about this topic.

• Health concerns (family and personal)—64% of Americans worry about this topic. www.nhmunicipal.org

• Relationships—62% of Americans worry about this topic.

• Personal safety—48% of Americans worry about this topic.

• Loss—72% of Americans worry about this topic.

Responses to Stress Like stressors, we also have different stress responses including behavioral, mental, and emotional.

Common Stress Responses Behavioral Symptoms – Avoiding things (people, places, things), eating too much/too little, spending money and other addictions, withdrawing from others, tardiness/lateness, mistakes in the workplace, etc.

Emotional Symptoms – Apathy, anxiety, irritability, sadness.

Physical Symptoms – Frequent colds/illness, headaches, insomnia, weight gain/loss, gastro-intestinal issues, neck/ back and other muscle aches.

It is important to consider how we feel, think, and behave when experiencing stress, as they serve as red flags for our overall stress management. If you become grouchy or tired when you’re stressed, pay attention to these symptoms and know that it is your body’s way of telling you to slow down.

All stressors, external and internal, produce a stress response in our bodies. When we experience stress, also known as the fight or flight response, our bodies release the stress hormones, cortisol and adrenaline. This is a necessary response that keeps us safe when we must react quickly and avoid potential harm. However, when cortisol and adrenaline stay in our bodies and are not released through exercise, M AY / J U N E 2 0 1 7

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STRESS from page 19 meditation, rest, and other self-care methods, they are toxic to us. On top of that, we are more sedentary now than ever. Instead of running and sweating, and ridding our body of cortisol and adrenaline, we sit at our desks, in our cars, and on our couches, which cause these stress hormones to stay in our bodies and become toxic.

It is estimated that between 75-90% of doctor’s visits are for stress-related conditions. This does not mean that stress alone causes all of these illnesses, but stress exacerbates symptoms and can create an earlier onset for disease that we are predisposed to. We may not be in control of stressors in our environment or sometimes even in our head, but we can make lifestyle changes to remedy some of the harm that stress can cause.

Illness caused or exacerbated by stress: Cardiac problems High blood pressure High cholesterol Immune system disorders Sexual dysfunction Incontinence Irritable bowel syndrome Recurrent colds and flus Allergies Ulcers Headaches and migraines Depression and anxiety Addiction Some types of cancer Chronic Fatigue Don’t be discouraged; there are ways to rid our bodies of these hormones, through self-care practices. When we practice self-care, we boost endorphins that make us feel good and relieve our stress.

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10 Ways to Relieve Stress and Rid Our Bodies of Stress Toxins: 1. Connect with others.

Humans are social animals.

Research suggests that people who feel connected are happier, healthier, and may even live longer. To build connections, join a club or enroll in a class.

You will already share a common interest with other group or class members. Boost existing connections by committing a set amount of time to your loved ones each week, without cell phones, laptops, iPods or other distractions.

2. Stay positive.

Thinking negatively can affect your mood and your health. People who regularly focus on the positive are less upset by painful events and memories. Ask yourself how realistic your fears are, and don’t assume the worst. Keep a gratitude journal, and write down anything that makes you smile. Remember your achievements and successes instead of dwelling on failures.

3. Get physically active.

Stress‐induced hormones released during exercise can help prevent heart disease, relieve insomnia, and reduce anxiety and depression. Schedule regular physical activity by writing it in your calendar. Work out with a friend— it’s harder to break a commitment to someone else than to ourselves.

You can also find small ways to get active even when you are busy, such as walking a bit faster or further when you shop for groceries.

4. Help others.

Research suggests that people who consistently help others experience less depression, greater calm, and fewer pains. When you volunteer with a community organization, you can make

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a valuable contribution while forging connections, developing your skills, and learning more about an area that interests you.

Helping doesn’t always require huge commitments; even small gestures are appreciated. Telling someone what you admire about them may also boost your mood.

5. Get enough rest.

People who do not get enough sleep face a number of possible risks, including weight gain, decreased memory, impaired driving, and heart problems. To create restful nights, avoid drinking caffeine six to eight hours before bed, and finish any next‐day preparations an hour before bed. If you cannot fall asleep after 15 minutes, avoid frustration by getting up until you feel more tired.

6. Create joy and satisfaction.

Positive emotions can boost your ability to bounce back from stress. To increase your joy and satisfaction, identify the high points of your day, and try to engage in those activities more.

Do something you loved as a child, listen to a humor CD in your car, or watch a comedy.

7. Eat well.

Eating healthy food can boost your energy, lower the risk of developing certain diseases, and influence your mood. To promote good nutrition, eat regularly—skipping meals can make your blood sugar drop, which may leave you nervous or irritable. Resist junk food by packing healthy snacks such as raisins or nuts, and include a variety of nutrients in your diet.

8. Take care of your spirit.

People who have strong spiritual lives may be healthier, live longer, and suffer less from stress. Connect to what you find meaningful.

Talk to others who share similar www.nhmunicipal.org

spiritual beliefs, and learn from each other. Enrich your life by reading inspiring texts for insights.

9. Deal better with hard times.

Most of us will face some particularly tough times in our lives, like a loss or divorce. Having ways to cope with these challenges can protect your health and well�being. Tackle problems by making a list of possible solutions, then picking one and breaking it into manageable chunks. Get support from others who have gone through similar situations. Organize your thoughts by writing about upsetting events.

difference. Seek support from a counselor or talk to your doctor about treatment options.

Jennifer Fitzgerald, MSW, Manager/EAP Consultant Resources. Jennifer can be phone at 508.650.6875 or

is Account with Lifereached by by email at Jennifer.fitzgerald@allonehealth.com.

AllOne Health’s services allows employers

to achieve better efficiencies, improve productivity, and make a positive impact on the health of their workforce and families.

For more information on this topic, visit: www.nimh.nih.gov National Institute of Mental Health www.mayoclinic.org Mayo Clinic www.apa.org American Psychological Association

10. Get professional help if you need it.

If the problems in your life are stopping you from functioning well or enjoying daily activities, professional help can make a big

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The New Hampshire Municipal Lawyers and NHMA present: A Workshop for Municipal Attorneys

2017Municipal Liability

and Immunity Workshop 1:00 pm—4:15 pm

Wednesday, May 17, 2017 NHMA Offices, 25 Triangle Park Drive, Concord

$60 for NHMA Members OVERVIEW Local government immunity and liability under case law and statutory law have had a long and convoluted history in New Hampshire. This evolution has continued with recent New Hampshire court decisions. This workshop will provide a brief overview of municipal immunity and liability to set the stage for an in-depth discussion of the current law.

PRESENTERS Presenters include NHMA Attorneys and the following experienced municipal defense counsel: Corey Belobrow of Maggiotto, Belebrow, Feeney & Frss, PLLC; Samantha Elliot of Gallagher, Callahan and Gartrell; and John Curtis of Curtis, Murphy, and O’Reilly. In addition, Amanda Keller, Associate General Counsel/Director of Legal Advocacy for the International Lawyers Association will provide a special presentation on recent United States Supreme Court decisions.

TOPICS Official Immunity—Concepts and Developments Historical Perspective and Evolution—Common Law and Statutory Law Perspectives on the New Hampshire Supreme Court’s View of Municipal Liability Risk Management Guidance

Register online at www.nhmunicipal.org under CALENDAR OF EVENTS. QUESTIONS? Call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org.

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Change Direction New Hampshire: It’s Way Past Time

By Honorable John T. Broderick

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or all of my life mental illness has lived in the shadows, stolen futures and made people ashamed. I, like all of you, have learned that it is not alright to have mental health problems so when we discover them in ourselves or in someone we love we have learned to conceal them as best we can and for as long as possible. Although mental wellness is discussed abstractly more today than in years past, it is still a topic with risk, especially if it strikes close to home. Many people and families are suffering, privately afraid that their secret will be discovered. Many people live in fear of innocent questions. How is your daughter doing? Where is your son working? Why is your father out of work?

When I was a child cancer was equally hidden and only whispered. In my childhood, it was often referred to as the “C word.” There was some concern that if you said cancer out loud you might contract it or cause the person afflicted to be ostracized. Remember when Aids was first identified?

Nobody wanted anyone to know they carried the virus for fear they could lose their job, their apartment or their friends. Then Magic Johnson confessed that he had HIV and effective treatment became a national priority.

Every illness from my childhood is treated with respect and humanity. There is no shame to heart disease, diabetes, cancer of any kind, bad backs or bad knees. But that is not true for mental illness. That reality seems particularly cruel to me since every person with a mental illness shares two things in common: they didn’t ask for it and don’t deserve it. One in five adults (almost 43 million people) experience a mental health issue in any given year. More people died from suicide last year in the United States than died on our highways. One brave veteran takes their own life almost

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every 90 minutes every day, every week and every year. Half of all mental illness has its onset before age 14 and 2/3 by age 23. Mental illness is the leading cause of disability in the United States and Canada. But almost nobody talks about it. That needs to change.

Nothing will change until we all become better informed about mental illness so it can be identified and effectively treated as early as possible. Nothing will change until we know and can discuss without discomfort its common signs.

In an effort to improve public knowledge and awareness about the five most common signs of mental illness/emotional suffering and to change the unfair culture that surrounds it, New Hampshire became the first place in the nation to launch the Change Direction campaign statewide.

The launch occurred on a Monday morning in May in the House Chamber at the State House. It was not a session day but we filled the 400-seat chamber to overflowing.

This non-partisan, non-political public awareness campaign on mental illness/emotional suffering is the genius of child psychologist Dr. Barbara Van Dahlen of Maryland. Its goal is simple, powerful and timely: to make the five most common signs of mental illness/emotional suffering (change in personality, agitation, withdrawal, decline in personal care and hopelessness) as well known and as widely known as the signs of a heart attack or a stroke. If we achieve that in our state, lives will be changed and saved. The Change Direction campaign is supported by all members of our Congressional delegation, the Governor, the Speaker of the New Hampshire House and our Senate President. It has also won the endorsement of leaders in the civic, educational, business, law enforcement, mental health and faith communiM AY / J U N E 2 0 1 7

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CHANGE DIRECTION from page 23 ties. Both the Catholic and Episcopal Bishops have written letters to their respective clergy supporting our campaign.

We need to change the dialog around mental illness and learn to treat it with the same respect and empathy we afford every physical illness. We need to talk about it and de-mythologize it.

We need to normalize it in our everyday lives. The bullseye for the onset of mental illness/emotional suffering is the age bracket between 12 and 23. Sadly, those suffering are often the last to know they have a mental illness. They most often believe their feelings and struggles are “just them.”

Help and treatment abound but many remain in the shadows and away from medical assistance because they don’t know they have a health problem or,

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if they do, many are too ashamed to confront it.

Peter Evers, the CEO of Riverbend Community Mental Health in Concord, Dr. Bill Gunn, who is the Director of Behavioral Health at Concord Hospital and I co-chair Change Direction in New Hampshire. We can attest from our granular experience speaking to many different audiences and at many public forums that the campaign has touched a nerve. Our everyday experience has only re-affirmed our belief that culture change and supportive conversations are essential if we are to bring our friends and those we love out of the shadows for treatment and help. It is way past time.

If you would like more information or would like someone to speak to your group directly about Change Direction, please reach out to us at signs4chan-

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genh@gmail.com. I also suggest you visit our website at www.changedirection.org/nh.

Hon. John T. Broderick, Jr., is Co-Chair of Change Direction New Hampshire and former Chief Justice of the New Hampshire Supreme Court.

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.

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A Guide for Local and State Leaders Working to Create Healthy Communities and Prevent Childhood Obesity To help meet this need, the Action Strategies Toolkit was developed by Leadership for Healthy Communities, a national program of the Robert Wood Johnson Foundation. The strategies in this toolkit include promising and evidence-based practices that advance these goals and build upon the work in which policy-makers are already engaged.

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esearch shows that where we live can impact how well we live. Today, many of our communities are unhealthy. Too frequently, families lack access to full-service grocery stores that stock affordable healthy foods, and children don’t have safe places to play or even walk. We want to work together to create environments that pave the way for healthier lifestyles. Healthy communities provide families with convenient access to affordable healthy foods; safe places to walk, ride a bicycle and play; and schools that offer nutritious foods and plenty of opportunities for physical activity. Across the country, policy-makers, community leaders and people in the private sector are collaborating to build such neighborhoods, but we still have a long way to go.

Through collaboration among states, counties, cities, towns and schools, policy-makers can meet their constituents’ demand for healthy living as they take steps to reduce health care costs and improve health care performance in their cities and towns.

This toolkit can be downloaded at NLC’s website at Health and Wellness under Topics tab at www.nlc.or

In the United States, more than 23 million children and adolescents are overweight or obese. That means nearly one in three young people are at a higher risk for serious, even life-threatening health problems, such as asthma, diabetes and cardiovascular disease.

These trends are likely to create additional pressures on our nation’s overburdened health care system. Studies estimate the obesity epidemic costs the country more than $117 billion per year in direct medical costs and indirect costs related to reduced productivity and absenteeism. The need for action is clear.

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★

BEST PRACTICES ★

New Hampshire Municipal Association

Best Practices Series

★

BEST PRACTICES ★

Best Practice: Cash Flow Analysis Background: Governments conduct cash flow analysis to estimate available cash deposits, expected inflows, and required disbursements during a given period so they can ensure sufficient liquidity. Common inflows include tax receipts, bond proceeds, utility payments, grants, other revenue from fees and penalties, and maturities of all securities held in investments that will mature during the forecast time frame.

Outflows represent anticipated payments such as debt service, employee payroll or benefits, and payments to vendors for goods and services anticipated during the forecast time frame.

Governments should also consider and accommodate non-repetitive payments such as capital expenditures or expected legal settlements, using reasonable assumptions.

The analysis is intended to measure and assess the government’s ability to meet its needs, to negate the need for any short-term borrowing or liquidation of long-term investments before maturity, and to identify any idle funds, and the duration of that idle period, to determine whether those funds could be invested over that time frame. Cash flow analysis can also help governments recognize issues that might have a negative impact on their cash positions. When looking at the entire organization, governments can use cash flow analysis to coordinate spending patterns to mitigate potential shortfalls by using information to 26

amortization schedules associated with new debt issuance) can help the analyst anticipate deviations from the historical norm.

improve revenue collection practices.

Cash flow analysis is therefore an essential tool for informed management decision making.

Recommendation: GFOA recommends that governments perform ongoing cash flow analysis to ensure that they have sufficient cash liquidity to meet disbursement requirements and limit idle cash. When conducting a cash flow analysis governments should: • Create a pooled portfolio of unrestricted operating funds across all government funds, creating one pot of money that will be available for all routine operating obligations. This allows cash flow to be analyzed more efficiently. A government might need to exclude unspent bond proceeds or other similarly restricted funds from its cash flow planning analysis, depending on the timing and purpose of their use.

• Consider historical information and projected financial activity, which are critical to developing and maintening the cash flow analysis process. Historical information, which can be derived from banking or financial system reports, is particularly useful if a given government’s cash flows are predictable over time. Prospective information (e.g., a subsequent year’s budget or the

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• Compare actual cash flow results with projections and determine the reasons for those differences in the analysis. The precision of cash flow analysis depends on a government’s size and complexity, and the size of its cash liquidity position, but adding this step will help make future analysis more accurate.

• Make conservative assumptions about both the cash receipts and disbursement portions of the analysis, and update these assumptions regularly, as well after any major changes in operations (e.g., a new debt issuance or at the beginning of a fiscal year).

• Monitor cash position daily to ensure sufficient liquidity. The accuracy of the cash flow forecast should be evaluated at least quarterly, and if any adjustments are needed, they should be made at this point. No forecast will be 100% accurate, and governments should weigh the amount of effort these evaluations require against any expected improvements in the model. A simple model often works best; consider making the model as straightforward as possible (while maintaining the www.nhmunicipal.org

reliability and precision of information needed for making appropriate management decisions).

• Select an appropriate tool for conducting the cash flow analysis.

Many governments can complete an analysis using simple spreadsheet software, while organizations that require more complex modeling can use commercially available analytic or business intelligence systems, or modules found within common enterprise resource planning (ERP) or financial management systems.

An effective cash flow analysis should also encourage the government to communicate decisions that could affect cash inflows and outflows (e.g., decisions regarding legal settlements, changes in revenue collections, or significant milestones for capital proj-

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ects) to the responsible parties so they can ensure sufficient cash liquidity.

Approved by GFOA’s Executive Board: September 2016 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. GFOA has accepted the leadership challenge of public finance.

To meet the many needs of its members, the organization provides best practice guidance, consulting, networking opportunities, publications including books, e-books, and periodicals, recognition programs, research, and training opportunities for those in the profession. 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?

Named on the last Christmas Day (December 25, 1799) in the century, this town was once a popular mountain resort where city dwellers suffering from hay fever and the heat flocked to as it was noted for its pollen-free air. By the mid-1870s, nearly 30 resort hotels would line the town’s streets filled with tourists eager to breath the clean mountain air. By the 1950s, however, hotel attendance dwindled, due in part to the advent of the automobile, and over the years most of the old hotels have been demolished. Today, the town is known for its special Christmas postal cancellation stamp. Every year, people from all over the world send Christmas cards to the post office to have them postmarked. In 2016, it processed over 58,000 Christmas cards.

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

ANSWER TO PHOTO IN MARCH/APRIL, 2017 ISSUE: The photo on page 24 in the last issue of Town and City magazine was of the ballistic missile erected in the center of the village green in the Town of Warren. Thanks to Bill Herman (Auburn), Michael Grace (Claremont), Errol Peters (Landaff) and Scott Wiggin (Bedford) who all responded with the correct response.

— This Moment in NHMA History — 49 years ago…. In New Hampshire, local government was increasingly called upon to provide emergency ambulance service out of the permanent police and fire departments. In 1968, there were some 55 funeral directors providing emergency services to about 35% of the state’s population. This was a relatively new responsibility for many cities and towns. The Manchester police department, for instance, assumed the service when a private service could not survive without a city subsidy (which was not forthcoming). In Exeter, the town was given a new ambulance by a funeral director who was glad to give up the service. In response, some communities banded together to form volunteer rescue squads. In this way, the citizens themselves took on the responsibility for supplying trained personnel who were on call 24 hours a day, seven days a week for emergency ambulance service.

64 years ago…. Since 1945, the New Hampshire State Planning and Development Commission had published the Directory of New Hampshire Municipal and County Officials. In 1953, when the State no longer had resources for such a publication, the Directory eventually moved to NHMA for printing and distribution. Since then, the NHMA has maintained the Directory which provides a current listing of municipal officials in each of the 13 cities and 221 towns throughout the state.

Entries include the name, position title, mailing address, telephone number and email for local officials, along with the office hours, website and other general information for each city and town.

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N E W

H A M P S H I R E

Basic Loan Requirements: • Bond issue approved by governmental entity • Completed application approved by Bond Bank Board • Audit by CPA Firm • Local bond counsel opinion

NEW HAMPSHIRE MUNICIPAL BOND BANK

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M U N I C I P A L

B O N D

B A N K

The Bond Bank’s Next Bond Sale Issue will be on June 6, 2017 Do you have a capital project that needs financing?

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

Contact us now for your estimated debt schedules.

To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs, and current interest rates, please contact Tammy J. St. Gelais, Executive Director, at 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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2017 Employment Law Workshop Hot Trends and Developments New regulations, laws, court decisions, government agency activities – and now a new presidential administration – mean that keeping abreast of the workplace and employment landscape is getting harder and harder.

Join Attorneys Mark T. Broth and Anna B. Cole from Drummond Woodsum law firm’s Labor and Employment Group in Manchester, who will present a lively and informative overview of everyday laws and regulations that impact public sector employers in New Hampshire. These expert presenters will hit on the important subtleties of workplace law issues and the most critical points for decision-making. The workshop will include the latest in employment and labor law, including: Americans with Disabilities Act Harassment, Discrimination and Retaliation Fair Labor Standards Act Family Medical Leave Act Time Off/Leaves Workers’ Compensation Discipline/Investigations

Why Attend?

The reality of employment law is that it can be multifaceted, complex and difficult to understand. If you hire, manage or supervise individuals in your city or town, then enhance your understanding of these employment and labor laws and regulations at this exclusive full-day NHMA workshop.

Who Should Attend?

Administrators, managers, human resource professionals, in-house counsel, supervisors and department heads.

How Much?

The cost is $90 per person. The fee includes materials, continental breakfast and lunch.

Seating will be limited to the first 70 registrants.

Watch for registration details at www.nhmunicipal.org.

When?

9:00 a.m. – 4:00 p.m., Thursday, May 11, 2017 NHMA Offices, 25 Triangle Park Drive, Concord 8:30 a.m. – Registration and continental breakfast. Program begins at 9:00 a.m.

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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 racebased 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 an 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 Wood-sum 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.

www.nhmunicipal.org

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UP CLOSE AND PERSONAL

W

elcome to Up Close and Personal – On the Board, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting Caroline McCarley, Mayor with the City of Rochester. Caroline has been volunteering her time on the NHMA board since January.

TC: What are your duties and responsibilities as Mayor of Rochester?

CM: We have a city manager form of government, so I am responsible for setting our agenda, proposing new ideas for managing and promoting our city effectively, and running the city council meetings.

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

CM: Our city is struggling with growth in our downtown. Although great new industries are moving into our industrial parks and there are new shopping opportunities outside of the city, our downtown is struggling.

TC: How has NHMA helped you do your job?

CM: Well, I have only been a board member for a month but it has already informed me of some worrisome legislation that we are planning a response to our local legislators.

Caroline McCarley

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

CM: We are suffering from the same addiction issues that are overwhelming our state. I worked very closely with the CEO of our hospital, Frisbie Hospital, and we put together a new recovery center as well as more actual resources across the city. The city council also agreed to fund the coordinator position at the recovery center. We are starting to see results and are introducing more services with other community partners.

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

CM: I think people sometimes believe that the mayor gets special privileges, but that is not true. That’s a difficult question to answer, but I do enjoy the job.

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

CM: As much as people like to say that local service on a board or council is not politics, I think it is very much politics—but in a good way.

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

CM: Assume that it will take a lot more time than it appears it might.

TC: Do you dislike any aspects of your job? Which ones? Why? CM: I don’t really enjoy reading proclamations. They do not feel very heartfelt.

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

CC: I enjoy being mayor and think we have a wonderful city to live, work, worship, play and raise a family.

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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 Laura Buono, Town Administrator with the Town of Hillsborough.

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

LB: It is my responsibility to manage the business of running the town on a daily basis under the authority of the board of selectmen. I oversee all departments and directly supervise the town office staff and department heads with the exception of our water and sewer department and library personnel. I serve as the liaison between the selectmen and various town boards, committees, and commissions in order to provide support and guidance when situations arise.

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

LB: One of the biggest challenges is to progressively move a community forward when funds are limited. We all have projects we want to complete and goals we want to accomplish for our communities but we also have to keep potential tax impacts of such projects in mind. At times, it can be an extreme challenge to balance the needs and goals while keeping the tax rate level.

Laura Buono

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

LB: I was working in a small close-knit community and one evening, there was a home invasion: an individual from another state broke into a home and terrorized the elderly gentleman who lived there. Without going into all the details, in the end, the suspect was dead, and the elderly man, although shaken and traumatized, survived. The suspect’s body was placed in the state morgue for autopsy and processing and once complete, the state contacted the town so that we could take financial responsibility for the cremation and disposal of the body. As you can imagine, the emotions in the community were already high, and when I reported this request to the selectmen, the phone calls from the public streamed in. Although we were financially responsible based on the welfare laws in New Hampshire, I was able to contact his aunt, and, over a period of a couple weeks, convince her to take responsibility for her nephew’s remains. Needless to say, the residents and selectmen were happy that taxpayer money was not used in this situation.

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

LB: Yes. Working in the public sector has given me a much better understanding as to why things are done the way they are done. For example, the public can be quick to criticize the operations and methods of the highway or police department, but until you gain an understanding as to why things are done in a specific manner, you can’t appreciate the hoops that must be jumped through in certain situations. I learned quickly that no two days are the same when you work in municipal government. The work is diverse and fast paced. I have to admit that before working in this field, I imagined most government office jobs as being monotonous, and that is definitely far from the truth.

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33

The

HR

REPORT

Marijuana in the Workplace

By Mark T. Broth

U

nder both federal and New Hampshire law, the possession, distribution, or use of marijuana is a criminal act. New Hampshire law makes a limited exception for those persons who qualify to use “medical marijuana.” Federal law contains no such exception. Technically, those persons permitted by the State to use marijuana for medical purposes are still subject to arrest and prosecution under federal law.

ing is that it is not time specific. While certain drugs are only detectable in a urine sample for a brief period of time, an individual may test positive for marijuana many weeks after they have last used. Standard drug tests cannot distinguish between those employees who use marijuana before or during work hours, and those employees who engage in “responsible use” outside of working hours, in a manner consistent with responsible use of alcohol.

During the Obama administration, the United States Attorney General announced that federal dollars would not be expended to prosecute marijuana-related crimes in states which have legalized marijuana for medical or recreational use. At this point, it is unclear whether the Trump administration will continue this policy, or whether the federal government will seek to prosecute persons involved in those states that allow marijuana use, cultivation, and possession.

Even if marijuana testing was more accurate, can New Hampshire employers afford to disqualify a significant percentage of potential job applicants solely on the basis of marijuana use? At 2.6%, New Hampshire has one of the lowest unemployment rates in the nation. With the “baby boomer” population reaching retirement age, a decline in migration from other states, low rates of retention of recent college graduates within the State, the low rate of foreign immigration, and among the lowest birth rates in the US, New Hampshire is heading for what Polecon Research described in 2016 as a “perfect storm” of labor shortages.

The fact that marijuana remains illegal in New Hampshire has had little impact on usage. According to statistics published by the Partnership for a Drug Free New Hampshire, 30.1% of New Hampshire residents ages 18-25 have used marijuana within the past 30 days. This is the fifth highest rate of usage in that age bracket among all states, and far exceeds the national average of 19.6%. A recent CBS report ranked New Hampshire fourth, behind only Alaska, Vermont, and Colorado, in the percentage of adults (14.8%) who use marijuana. With both Maine and Massachusetts having passed laws that will legalize recreational marijuana within the next several years, and the decriminalization of small amounts in Vermont, the availability of marijuana within New Hampshire is almost certain to increase.

What does this mean for New Hampshire employers? For many years, employers have attempted to maintain drug free workplaces. In the private sector, the primary tool for weeding out drug use has been pre-employment drug testing.

Accurate tests have been available for many years that can identify the presence of the active chemicals in controlled substances. However, a basic problem with marijuana test34

NEW HAMPSHIRE TOWN AND CITY

Unlike private sector employers, public employers cannot relocate their operations to states with greater workforce availability. This means that public employers will either need to pay more to attract and retain out of state talent or make do with the available in-State workforce. Which brings us back to marijuana. Clearly, there are some occupations (law enforcement, EMS, CDL license holders, etc.) where criminal drug use cannot be tolerated. But for many other public sector workforce occupations, and for many jobs in the private sector economy, blanket disqualification of marijuana users from the workforce may no longer be practical.

Even if a public employer wanted to exclude all marijuana users from the workforce, constitutional considerations limit the ability to drug test employees who are not engaged in law enforcement, commercial driving, and certain other safety sensitive functions. Employers may need to consider redefining the “drug free” workplace as one that does not exclude www.nhmunicipal.org

those who use marijuana, but focuses instead on the concept of responsible use. Like alcohol use, marijuana use is a learned behavior. Employers may need to consider shifting their focus from exclusion to enforcement of reasonable use standards: no use, possession, or intoxication during work hours; and no off-duty use that would directly interfere with the performance of job duties (such as loss of license).

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.”

www.nhmunicipal.org

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Legal

Q and A T

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

Ensuring a Drug and Alcohol Free Municipal Workplace

his Frequently-Asked Questions (FAQ) will address what are the duties and limitations on municipal employers safeguarding a drug and alcohol-free workplace. Under federal law New Hampshire municipalities must adopt and enforce policies to prevent the use of controlled substances in the workplace. In certain limited circumstances, New Hampshire municipalities can also screen municipal employees for drug and alcohol use.

Q: What are the requirements of the federal Drug-Free Workplace of 1988 as applied to New Hampshiure municipalities?

A: The federal Drug-Free Workplace Act of 1988. 41 U.S.C. §8101 et. seq. requires all organizations receiving federal grants, as do most New Hampshire municipalities, to maintain a drug-free workplace. To comply, municipalities are required to publish and give a policy statement to all employees informing them that the unlawful possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees who violate the policy. Employers must also establish a drug-free awareness program to educate employees on the dangers of drug abuse in the workplace, the policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for violating those policies. However, while penalties or participation in a rehabilitation program must be imposed upon an employee convicted of a criminal drug offense in the workplace, this law neither requires nor authorizes random drug testing of employees.

Q: Can a municipality conduct drug and alcohol screening of a candidate for a municipal employment position?

A: There are limited circumstances where a candidate for a municipal employment position may be required to submit to a drug and alcohol screening. In general, the screening 36

NEW HAMPSHIRE TOWN AND CITY

of prospective municipal employees, and in some instances volunteers, is limited to background investigations and criminal background checks. See RSA 41:9-b (for municipal employee candidates who would work with or around children or elderly persons, enter the homes of citizens, or collect or manage money); RSA 485-A:24 (for municipal recreation camp employees and volunteers). However, screening all prospective municipal employees for drug and alcohol abuse would violate the protections afforded under the Fourth Amendment to be free from unreasonable searches and seizures. The U.S. Supreme Court has solidly decided that drug and alcohol testing are forms of “searches.” Skinner v. Railway Labor Executives’ Association, 489 U.S. 602, 617 (1989); National Treasury Employees Union v. Von Raab, 489 U.S. 656, 665 (1989). This means that a municipality may not test prospective employees for drug and alcohol use in a way that is “unreasonable” under the Fourth Amendment.

Q: So, when is it reasonable to require a prospective employee to submit to a drug and alcohol screening?

A: Prospective employees who would serve in “safety-sensitive positions” may be required to submit to drug and alcohol screening. Courts have recognized that, while these employees have a privacy right that will be invaded by such tests, the government has a stronger interest in protecting the safety of the public which justifies the use of drug and alcohol screening. Employees who participate in an occupation that is regulated heavily to ensure safety, or which is fraught with such risks of injury to others that even a momentary lapse of attention can have disastrous consequences, are deemed to have a reduced expectation of privacy with respect to drug and alcohol testing. Employees who may fall under the category of “safety-sensitive personnel” include police officers and others who are required to carry firearms and/or are involved with drug crimes, emergency medical technicians, firefighters, transit employees and bus drivers. www.nhmunicipal.org

Q: What about conducting random drug and alcohol screenings after a person has joined the municipal workforce?

observation of drug or alcohol use, apparent intoxication, abnormal or erratic behavior and reports from reliable and credible sources that drug or alcohol use is happening on the job.

A: Governmental employers may not ordinarily test their employees for drug or alcohol use without a specific reason for doing so. Federal courts have struck down purely random testing programs.

Nevertheless, employees who serve in “safety-sensitive positions” may be required to undergo random drug and alcohol testing. Testing of these employees must still be reasonable, however, and narrowly tailored to respect the individual’s dignity while providing an effective deterrent to drug and alcohol use. This means that the employees must be given meaningful advance notice of the testing program and information about which drugs are the subject of testing and how it will work to reduce to a minimum any “unsettling show of authority.” Delaware v. Prouse, 440 U.S. 648, 657 (1979) (quoted in Von Raab, 489 U.S. at 672).

The individual’s privacy must also be respected to the extent reasonable. For example, an employee required to provide a urine sample should be permitted to produce the sample behind a partition or in a bathroom stall with a same-gender monitor within listening distance.

Von Raab, 489 U.S. at 661.

Q: What about municipal employees who operate equipment and vehicles that require a Commercial Driver’s License (CDL)?

Q: What if a supervisor suspects an employee is impaired by drugs or alcohol?

A: A municipal employer may require an employee to undergo a Fitness for Duty medical exam, including a screening for drug and alcohol use, if there is some individualized suspicion that drug or alcohol use is taking place. While there is no single national standard for what constitutes reasonable suspicion in this situation, generally speaking, it may be said to exist when an employer has specific, objective facts, and reasonable inferences drawn from those facts, that suggest an employee is using drugs and/or is under the influence of alcohol while on the job.

These facts might include things like www.nhmunicipal.org

A: Under the federal Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. 31301 et seq., people who operate commercial motor vehicles (those with a total gross vehicle weight of 26,001 pounds or more, or which carry 16 or more people, including the driver, or which are used to transport hazardous materials) are required to have a commercial driver’s license (CDL). Federal regulations not only prohibit the operation of any commercial motor vehicle while using drugs or alcohol, but also require employers, including municipalities, to perform drug and alcohol screening of these employees in certain situations.

These situations include (a) the first time a driver reports to work for the employer, (b) optional pre-employment testing after a conditional offer of employment is made if all prospective employees are tested in exactly the same manner, (c) post-accident testing, (d) testing upon reasonable suspicion of drug and/or alcohol use (based on specific, contemporaneous, articulable observations of the person’s appearance, behavior, speech or body odors) and (e)

return-to-duty testing after a violation.

49 C.F.R. Part 382, Subpart C. In addition, CDL drivers are required to submit to random testing for drug and alcohol use. 49 C.F.R. §382.305(a).

The regulations provide detailed instructions for the selection of employees for testing, the frequency of testing and the manner in which tests are to be conducted. There is also an option for states to exempt certain drivers from the testing requirements and the CDL licensing requirements. 49 C.F.R. §103(d)(3) (ii); 49 C.F.R. §383.3(d). The state of New Hampshire has chosen to exempt fire service personnel driving emergency vehicles assigned or registered to a department or fire service organization in pursuit of fire service purposes. N.H. Admin. Rule Saf-C 1801.02(a)(1).

Q: Are municipal employers required to accommodate the use of medical marijuana by its employees?

A: A municipal employer is not required to accommodate the therapeutic use of medical marijuana on the property or premises of any place of municipal employment. Employers are free to discipline an employee for ingesting marijuana in the workplace or for working while under the influence of marijuana.

RSA 126-X:3 (III) (b) & (c).

Stephen C. Buckley is Legal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 800.852.3358 ext. 3408 or at legalinquiries@nhmunicipal.org.

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37

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: Applicant Scoring Sheets are Exempt Internal Personnel Practices Clay v. City of Dover, New Hampshire Supreme Court No. 2016-0169, 2/24/2017 Northern Pass Use of State Highway Easement Is Permitted Society for the Protection of NH Forests v. Northern Pass Transmission Line, LLC, New Hampshire Supreme Court No. 2016-0322, 1/30/2017 Denial of Electronic Sign to Church did not Infringe on Religious Liberty Signs for Jesus v. Town of Pembroke, U.S. District Court, New Hampshire, Opinion No. 2017 DNH 016, 1/27/2017

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

www.nhmunicipal.org

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39

New Hampshire Municipal Association

FREE WEBINARS Did you know that the Association presents free webinars on timely municipal topics every month?

Miss a live webinar?

Join us from the convenience of your own desk!

No worries!

Visit www.nhmunicipal.org for archived webinar recordings and presentation materials.

Some recent webinars include: 

Legislative Preview



Asset Management



Infrastructure Funding Options



Federal Overtime Rules

THURSDAY

SAVE the DATE! 9:30 A.M.—2:15 P.M.

NHMA Offices

Concord, NH

June 15

2017

Fundamentals of Local Welfare Presented by the NH Municipal Association and the NH Local Welfare Administrators Association Register online today at www.nhmunicipal.org and

look for the workshop under Calendar of Events.

On-line pre-registration required by June 8.

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

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NEW HAMPSHIRE TOWN AND CITY

Continental breakfast and lunch will be provided.

This workshop was sold out in 2016 so be sure to reserve your seat today!

www.nhmunicipal.org

Your Source of Information on all 234 Towns and Cities in New Hampshire.

Following Elections, Have You Updated Your Official Rosters and Contact Information?

Time to Update Official Information for 2017-2018 New Hampshire Municipal Officials Directory NHMA Relies on YOU to Update this Important Member Information Following town meetings recently held across the state, there are hundreds of newly-elected and re-elected officials in New Hampshire’s 234 cities and towns. In order for us to maintain this premier desktop companion as a valuable member resource, it is imperative that members update and make any necessary changes to your member contact information, including any newly-elected local officials. NHMA relies on this vital contact information to reach municipal officials and staff with timely information regarding available training, workshops, webinars and services as well as important legal and legislative updates throughout the year. This publication is also used extensively as a reference tool by other city, town, school and other local government officials.

Please log onto www.nhmunicipal.org and go to Member Directory Updates in the Member Toolbox.

If you don’t know who in your city or town has access to do this, please contact Judy Pearson at jpearson@nhmunicipal.org or call her at 603.230.3355. This is also the time to update who receives a complimentary Town and City magazine subscription as part of your membership with us.

Please Update this Information by May 31.

www.nhmunicipal.org

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41

Right-to-Know Workshop 9:00 a.m.—4:00 p.m.

Thursday, June 8, 2017

NHMA Offices, 25 Triangle Park Drive, Concord $90 for NHMA members; includes new publication

A Guide to Open Government: New Hampshire’s Right to Know Law

The Right-to-Know Law (Chapter 91:A) affects every aspect of local government in our state.

Every board, committee, commission, and subcommittee 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.

Openness in the conduct of public business is essential to a democratic society.

The purpose of this chapter is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people.

RSA 91:A, I, Preamble

Join Legal Services Counsel Stephen Buckley, Staff Attorney Margaret Byrnes, and Government Affairs Counsel Cordell Johnston for this full day workshop on the Right-to-Know Law. They will address some of the most difficult issues under the law, including confidential information, electronic records and communication, procedures for non-public session, and communications outside a meeting.

There will be ample time for questions and answers on all aspects of the law.

Registration begins at 8:30 a.m.

Continental breakfast and lunch included.

Attendees will also receive the new NHMA book,

CHECK OUT OUR NEW BOOK!

A Guide to Open Government:

New Hampshire’s Right to Know Law

Register online today at www.nhmunicipal.org and look for the workshop 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

www.nhmunicipal.org

Are You Signed Up for NHMA’S free

stuff:

LEGISLATIVE BULLETIN or NewsLink?

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

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

The Legislative Bulletin is

emailed every Friday until the legislative session ends in June.

If interested, email governmentaffairs@nhmunicipal.org.

NHMA’s

NewLink

is

NHMA’s

bi-weekly

e-

newsletter containing news and information about upcoming training programs, workshops, webinars and other events to more than 3,300

elected and appointed municipal officials, state agencies and other stakeholders.

If interested, email tfortier@nhmunicipal.org.

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

Did you know that the Association presents free

convenience of your own desk!

Miss a live webinar?

No worries!

Visit www.nhmunicipal.org

webinars on timely municipal topics every month?

Some recent webinars include: •

Legislative Preview

for archived webinar re- •

Asset Management

cordings and presentation •

Infrastructure Funding

materials.

Federal Overtime Rules

www.nhmunicipal.org

•

M AY / J U N E 2 0 1 7

43

Available Publications TITLE

HARD COPY PUBLICATIONS

ELECTRONIC DOWNLOAD

MEMBER

NON-MEMBER

MEMBER

NON-MEMBER

N/A

N/A

$15.00

$30.00

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

$23.00

$38.00

$12.50

$25.00

Basic Law of Budgeting: A Guide for Towns, Village Districts and School Districts (2015)

$47.00

$87.00

$35.00

$70.00

Guidebook for NH City & Town Councilors, Mayors and Aldermen (2016)

$45.00

$75.00

$25.00

$40.00

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

$48.00

$96.00

N/A

N/A

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

$20.00

$32.00

$8.00

$16.00

Knowing the Territory: A Survey of Municipal Law for New Hampshire Local Officials (2016)

$65.00

$130.00

$50.00

$95.00

$25.00/lecture

$45.00/lecture

$12.50/lecture

$20.00/lecture

Law Lectures 2012 — Complete Set

$68.00

$123.00

N/A

N/A

Law Lectures 2013 — Complete Set

N/A

N/A

$30.00

$50.00

Law Lectures 2014—Complete Set

$75.00

$135.00

N/A

N/A

$30.00/lecture

$50.00/lecture

$20.00/lecture

$40.00/lecture

Model Local Welfare Guidelines (2012)

$37.00

$67.00

$25.00

$50.00

New Hampshire Town & City — Subscription

$25.00

$50.00

N/A

N/A

New Hampshire Town & City — Single Issue

$5.00

$10.00

N/A

N/A

NH Municipal Officials Directory (2016/2017)

$65.00

$120.00

$50.00

$95.00

Town Meeting and School Meeting Handbook (2016)

$50.00

$90.00

$35.00

$70.00

N/A

N/A

Free

$100.00

Art of Welfare Administration (2016)

Law Lectures 2008-2012 — #1, #2, #3

Law Lectures 2014-2016

Wage, Salary and Benefits Survey for Municipalities (2014)

44

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Workshops for seasoned and new municipal officials and employees of New Hampshire Municipal Association member municipalities.

FULL DAY WORKSHOPS 9:00 a.m.— 4:00 p.m.

Registration begins at 8:30 a.m.

Breakfast and lunch will be provided.

Presented by NHMA’s Legal Services attorneys, the workshops provide municipal officials with tools and information to effectively serve their communities. Topics will include the Right-to-Know Law, ethics and conflicts, town governance, public employment, liability and more. Ample time allowed for questions, answers, and discussion.

Attendees will receive a complimentary copy of NHMA’s 2017 edition of publication, Knowing the Territory.

DATES & LOCATIONS SUGAR HILL—Thursday, May 4—The Meeting House NORTH CONWAY—Wednesday, May 10—North Conway Water Precinct STRATHAM—Tuesday, May 23—Stratham Municipal Center CONCORD—Saturday, June 3—NHMA Offices

Register Today! No Registration Fee. To register online, please visit www.nhmunicipal.org and click on the Calendar of Events.

Cancellation must be received 48 hours in advance. If cancellation is not received 48 hours in advance.

NHMA will charge you $20 to cover workshop costs, including meals.

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

THANK YOU TO OUR WORKSHOP SPONSORS:

www.nhmunicipal.org

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45

Periodical Postage Paid at Concord, NH

25 Triangle Park Drive Concord, NH 03301

Photo provided by J.B. Mack, Southwest Region Planning Commission, Keene, NH.

H

ealthTrust strives to help you create a healthy community for your employees and their families. Ask your Benefits and Wellness Advisors about our resources to help you educate and engage your employees to lead healthy lives.

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