E-Publications

A Hard Road to Travel
New Hampshire Law of Local Highways, Streets and Trails

(2004 Edition)

Table of Contents

Chapter One: What Is a Public Highway?

Chapter Two: How Are Local Highways Created?

Chapter Three: New Hampshire's Highway Classification System

Chapter Four: Discontinuance of Highways

Chapter Five: Special Categories of Layouts and Roads

Chapter Six: Liability, Regulation and Maintenance Duties

Chapter Seven: Roads, Streets and Land Use Planning

Chapter Eight: Class VI Highways

Chapter Nine: Trails

Chapter Ten: Bridges

Chapter Eleven: Highway Drainage

Chapter Twelve: Highway Funding

Chapter Thirteen: Utility Lines and Other Private Enterprise Highway Uses

Basic Financial Policies
A Guide for New Hampshire Cities and Towns

(2009 Edition)

Table of Contents

Chapter 1: Cash Receipts Policy

Chapter 2: Investment Policies

Chapter 3: Purchasing Poicy

Chapter 4: Credit Card and Purchasing Card Policies

Chapter 5: Fund Balance Policy for the General Fund

Chapter 6: Debt Policy

Chapter 7: Fraud Policy

Chapter 8: User Fee Policies

Appendix A: Chart of Example Financial Policies Provided on CD

Appendix B: Basic Internal Controls Checklist for New Hampshire Municipalities

Appendix C: Sample Policy Format

Appendix D: RSA 669:7 Incompatibility of Offices

Appendix E: Federal Deposit Insurance Corporation (FDIC) Deposit Insurance for Accounts Held by Government Depositor

Appendix F: Government Finance Officers Association Recommended Practice - Collateralization of Public Deposits (1984, 1987, 1993, 2000 and 2007)

Appendix G: Government Finance Officers Association Recommended Practice - Appropriate Level of Unreserved Fund Balance in the General Fund (2002)

Appendix H: GASB Plain Language Summary: Improved Clarity and Consistency at Core of GASB Fund Balance Proposal – February 2008

Appendix I: Excerpts from RSA Chapter 33, Municipal Finance Act

Appendix J: Government Finance Officers Association Recommended Practice: Encouraging and Facilitating the Reporting of Fraud and Questionable Accounting and Auditing Practices (2007)

Appendix K: Partial List of Revenues Generated from Fees and Charges

Appendix L: User Fee Cost Recovery Goals – City of San Luis Obispo, CA

Appendix M: Custody and Expenditure of Common Town Funds

Guidebook for New Hampshire
Elected City Officials

(2012 Edition)

Table of Contents

Chapter One: The State-Municipal Relationship
I. The Authority of Cities and Towns
II. Preemption

Chapter Two: Municipal Charters
I. Amendment or Revision?
II. Charter Voting
III. Specific Provisions for Charters in Cities
IV. Conclusion

Chapter Three: The Right to Know Law, RSA Chapter 91-A
I. Purpose
II. Public Meetings
III. Nonpublic Sessions: Exceptions to the Public Meeting Requirement
IV. Remote Participation in Public Meetings
V. Communications Outside a Meeting
VI. Governmental Records
VII. Removal for Confidentiality Violation
VIII. Consequences of Violating the Law

Chapter Four: Property Taxation
I. Valuation
II. Exemptions from Taxation
III. Setting the Tax Rate
IV. Tax Credits
V. Billing
VI. Corrections and Abatements
VII. Collection
VIII. Review

Chapter Five: Liability
I. Basic Concepts of Tort Liability
II. Limited Liability by Common Law
III. Limited Liability by Statute
IV. Liability for Selected Activities
V. Attorney's Fees in State Court
VI. Federal Civil Rights Liability
VII. Summary Advice

Chapter Six: Ethical Issues, Conflicts of Interest and Incompatibility of Office
I. Regulation of 'Ethical' Behavior
II. Conflict of Interest
III. Statutes Governing Conflict of Interest
IV. Other Statutes Governing 'Ethical' Behavior
V. Disqualification
VI. Removal from Office
VII. Incompatibility

Chapter Seven: Trusts, Reserve Funds and the Role of Trustees
I. Municipal Trusts
II. Administration of Municipal Trusts
III. Reserve Funds
IV. Cemetery Trustees
V. Library Trustees

How to Regulate Junk and Junkyards
A Guide for Local Officials

(2007 Edition)

Table of Contents

Chapter One: Approaches to the Regulation of Junk and Junkyards

Chapter Two: Statutory Authority to License
I. What is a Junkyard?
II. The Local Licensing Obligation
III. The Licensing Process

Chapter Three: Municipal Regulations
I. Local Zoning Ordinance
II. Regulation of Junk Dealers, RSA Chapter 322
III. Police Power Ordinances
IV. Summary of Statutory Alternatives

Chapter Four: Common Law Approaches to Regulation
I. The Law of Nuisance
II. Private Land Use Restrictions
III. Using Local Municipal Authority to Encourage the Prevention of Pollution: A Non-Regulatory Approach

Chapter Five: Penalties and Enforcement
I. Determining the Facts
II. Voluntary Compliance
III. Enforcement Tools Specific to Municipal Licensing

Appendix A: Licensing Junkyards–Frequently Asked Questions

Appendix B: Sample Licensing Forms

Appendix C: Examples of Zoning Provisions

Appendix D: Example of Recycling Ordinance

Appendix E: Examples of Yard Sale Ordinances

Appendix F: Department of Environmental Services, Green Yards Program Forms

Knowing the Territory
A Survey of Municipal Law for New Hampshire Local Officials

(2012 Edition)

Table of Contents

Chapter One: Finding the Law
I. Types of State Law
II. Where to Get the Law

Chapter Two: The Municipality's Relationship with Other Governments
I. The Authority of Towns and Cities
II. Preemption
III. Relationships with Other Governments
IV. Education

Chapter Three: New Hampshire Town Government
I. Forms of Town Government
II. The Role of the Governing Body
III. Role of a Town Manager
IV. Town Meeting
V. Official Ballot Referendum Form of Town Meeting
VI. Checklist for Ordinances Enacted by the Legislative Body

Chapter Four: The Selectmen's Relationship with Other Local Officials
I. The Selectmen as the Governing Body
II. Working with Other Officials
III. Working with Municipal Land Use Boards
IV. Working with Other Municipal Boards Concerned with Land Use and Environmental Protection
V.Working with Other Municipal Boards

Chapter Five: The Right to Know Law, RSA Chapter 91-A
I. Purpose
II. Public Meetings
III. Nonpublic Sessions: Exceptions to the Public Meeting Requirement
IV. Remote Participation in Public Meetings
V. Communications Outside a Meeting
VI. Governmental Records
VII. Removal for Confidentiality Violation
VIII. Consequences of Violating the Law
IX. Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Chapter Six: The Local Budget Process
I. Application of the Municipal Budget Law
II. Seven Key Concepts
III. Borrowing
IV. Purchasing and Bidding

Chapter Seven: Welfare for Non-Welfare Officials
I. Providing Local Welfare in Challenging Economic Times
II. Local Welfare
III. Determining Eligibility
IV. Amounts of Assistance (Guideline Allowances)
V. Recovery and Offsets
VI. More Information
VII. Review

Chapter Eight: Property Taxation
I. Valuation (RSA Chapter 75)
II. Exemptions from Taxation
III. Setting the Tax Rate
IV. Tax Credits
V. Billing
VI. Corrections and Abatements
VII. Collection
VIII. Review

Chapter Nine: Liability
I. Basic Concepts of Tort Liability
II. Limited Liability by Common Law
III. Limited Liability by Statute
IV. Liability for Selected Activities
V. Attorney's Fees in State Court
VI. Federal Civil Rights Liability
VII. Summary Advice

Chapter Ten: Streets and Highways
I. Definition of Public Highway
II. Creation of Public Highways
III. Classification of Highways (RSA 220:5)
IV. How to Change from Class VI to Class V
V. Discontinuance of Highways
VI. Class A and B Trails
VII. Highway Maintenance and Regulation
VIII. Highway Issues in Planning and Zoning
VIV. The Status of Roads

Chapter Eleven: Public Safety
I. Fire Protection
II. Police Protection
III. Animal Control
IV. Emergency Management

Chapter Twelve: Municipal Employment
I. Employee/Employer Relationship
II. Collective Bargaining and Unions
III. Hiring of Employees
IV. Personnel Policies and Benefits Administration
V. Compensation of Employees
VI. Leave Time
VII. Discipline and Termination
VIII. Selected Laws Protecting the Health and Safety of Employees
IX. Selected Laws Protecting the Civil Rights of Employees

Chapter Thirteen: Ethical Issues, Conflicts of Interest and Incompatibility of Office
I. Regulation of 'Ethical' Behavior
II. Conflict of Interest
III. Statutes Governing Conflict of Interest
IV. Other Statutes Governing 'Ethical' Behavior
V. Disqualification
VI. Removal from Office
VII. Incompatibility

Chapter Fourteen: Trusts, Reserve Funds and the Role of Trustees
I. Municipal Trusts
II. Administration of Municipal Trusts
III. Reserve Funds
IV. Cemetery Trustees
V. Library Trustees

Index

Table of Cases

Table of Constitutional Provisions, Statutes and Rules

Special Events Planning Guidebook

(2006 Edition)

Table of Contents

I. Introduction

II. General Guidelines for Safe and Successful Celebrations

III. Special Events Liabilities Checklists
Accident Reporting and Investigations
Alcohol Concessions
Amusement Rides and Carnivals
Animals
Communications
Contracts
Crowd Control
Disabled Persons Access
Emergency Planning
Fireworks
Food and Beverage Concessions
Horse Shows
Insurance
Marathons, Walkathons, Triathlons and Bicycle Events
Medical and First Aid
Parades
Parking and Traffic Control
Permits and Licenses
Sanitation
Security
Site Safety – Indoor Events
Site Safety – Outdoor Events
Vehicle Safety
Volunteers and Event Participants

IV. Appendices
Safety Scene – Special Events Liabilities
Sample (Town/City/School Name) Policy Governing Special Events and Application
Special Events Liabilities Information Sheet
Temporary Block Closure / Live Music Application
Agreement to Permit Installation of Portable Stage on (Member)Property for Special Event
Event Sponsor – Release and Indemnification Agreement
Participant – General Release and Indemnification Agreement
Athletic Release and Indemnification Agreement – Waiver of Liability
Bicycle Event Release and Indemnification Agreement – Waiver of Responsibility
Booth Application, Release and Indemnification Agreement – Application and Release
Facility Use Agreement and Release / Indemnification
Parade Entry Form and Waiver of Liability

Special Events Planning Guidebook

(2006 Edition)

Table of Contents

I. Introduction

II. General Guidelines for Safe and Successful Celebrations

III. Special Events Liabilities Checklists
Accident Reporting and Investigations
Alcohol Concessions
Amusement Rides and Carnivals
Animals
Communications
Contracts
Crowd Control
Disabled Persons Access
Emergency Planning
Fireworks
Food and Beverage Concessions
Horse Shows
Insurance
Marathons, Walkathons, Triathlons and Bicycle Events
Medical and First Aid
Parades
Parking and Traffic Control
Permits and Licenses
Sanitation
Security
Site Safety – Indoor Events
Site Safety – Outdoor Events
Vehicle Safety
Volunteers and Event Participants

IV. Appendices
Safety Scene – Special Events Liabilities
Sample (Town/City/School Name) Policy Governing Special Events and Application
Special Events Liabilities Information Sheet
Temporary Block Closure / Live Music Application
Agreement to Permit Installation of Portable Stage on (Member)Property for Special Event
Event Sponsor – Release and Indemnification Agreement
Participant – General Release and Indemnification Agreement
Athletic Release and Indemnification Agreement – Waiver of Liability
Bicycle Event Release and Indemnification Agreement – Waiver of Responsibility
Booth Application, Release and Indemnification Agreement – Application and Release
Facility Use Agreement and Release / Indemnification
Parade Entry Form and Waiver of Liability

The Art of Welfare Administration

(2010 Edition)

Table of Contents

Chapter 1: General Assistance Overview
I. The Basic Legal Duty
II. Humanitarian Purpose
III. Who Makes Local Welfare Decisions
IV. Availability

Chapter 2: Guidelines
I. A Constitutional and Statutory
II. Guideline Contents
III. Adoption and Amendments

Chapter 3: The Application
I. Welfare Administrator’s Responsibilities at Time of Application
II. Responsibility of Each Applicant and Recipient
III. Continuity
IV. Withdrawn Applications
V. Confidentiality
VI. Application for Assistance Flow Chart

Chapter 4: Determination of Eligibility
I. Verification
II. Determine Need as a Whole
III. The Basic Formula
IV. What Counts as Income and Assets?
V. Effects of Other Assistance
VI. Related and Non-Related Households
VII. Residency

Chapter 5: Level of Assistance
I. Form of Assistance
II. Emergency Assistance
III. On-going Assistance

Chapter 6: The Decision
I. Timing
II. Written Notice of Decision

Chapter 7: Conditions

Chapter 8: Disqualification
I. Failure to Comply with Guidelines
II. Voluntary Quit Without Good Cause
III. Qualified State Assistance Reduction
IV. Transfer of Property

Chapter 9: Fair Hearings
I. Request for Hearing
II. Scheduling the Hearing
III. Continuing Assistance
IV. Conducting the Hearing
V. Fair Hearing Decision

Chapter 10: Recovery
I. Liens on Property
II. Legally Liable Relatives
III. Repayment by Assisted Person
IV. Recovery from Town of Residence
V. Recovery Against Judgments and Settlements
VI. Work Programs as Offsets

Chapter 11: Miscellaneous Issues
I. Minors Applying for Assistance
II. Burials
III. Applying Welfare Rental Payments to a Landlord’s Delinquent Accounts
IV. ‘Dumping’
V. Personal Liability of Welfare Administration
VI. Model Guidelines
VII. The Welfare Budget

Appendix A: Excerpts from RSA Chapter 165, Aid to Assisted Person, and RSA Chapter 167, Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children

Appendix B: Model Fair Hearing Rules of Procedure

Appendix C: Fair Hearings Information for the Applicant

The Basic Law of Budgeting
A Guide for Towns, Village Districts and School Districts

(2011 Edition)

Table of Contents

Chapter 1: Appropriations First Key Concept

Chapter 2: 'Gross Basis' Budgeting Second Key Concept

Chapter 3: Warrant Notice and Permissible Amendments Third Key Concept

Chapter 4: No Spending Without an Appropriation Fourth Key Concept

Chapter 5: When Do Appropriations Lapse? Fifth Key Concept

Chapter 6: Transfers of Appropriations During the Year Sixth Key Concept

Chapter 7: The 10 Percent Rule in Budget Committee Towns Seventh Key Concept

Chapter 8: Appropriations Under the Official Ballot Referendum (SB 2) System

Chapter 9: Basic Town, Village District and School District Meeting Procedures

APPENDIXES

Appendix A: Custody and Expenditure of Common Town Funds

Appendix B: Timetable for Special Town Meeting

Appendix C: Special Legislation for 2009 - 2011 Budget Years

 

Town Meeting and School Meeting Handbook

(2011 Edition)

Table of Contents

Chapter 1: The Town Meeting
I. The Annual Meeting
II. Petitioned Warrant Articles and Special Meetings

Chapter 2: The Moderator
I. Election
II. Moderator’s Duties

Chapter 3: Conduct of the Meeting
I. Rules of Procedure

Chapter 4: Procedure for Appropriations
I. Municipal Budget Law
II. Budget Committees
III. Requirements for Bond Articles
IV. Special Warrant Article Recommendations
V. Option to Display Numeric Tallies of Recommendations on All Appropriations
VI. ‘Gross Basis’ Wording of Appropriation Articles

Chapter 5: The Official Ballot Referendum System (SB 2)
I. Official Ballot Referendum Options
II. SB 2 Official Ballot Referendum System

Chapter 6: Ballot Systems and Conduct of Elections
I. The Unofficial Ballot System
II. Official Ballot System

Chapter 7: Town Officers
I. Election of Officers
II. Qualification, Conflicts and Vacancies

Chapter 8: School Meetings
I. Annual Meeting
II. School District Annual Report
III. Special Meetings
IV. Elections
V. Vacancies

Chapter 9: Parliamentary Procedure
I. Quick Definitions
II. Explanation of Motions and Rank
III. Types of Votes

Chapter 10: Rules of Debate

Index

Table of Cases

Table of Statutes