The proper operation of democratic government requires that
public officials and employees be independent, impartial and responsible
to the people; that government decisions and policy be made through
the proper channels of the governmental structure; that public office
not be used for personal gain; and that the public have confidence
in the integrity of its government. In recognition of these goals,
a Code of Ethics for all town officials and employees is adopted in
accordance with RSA 31:39A.
[Added 5-26-1992 by Ord. No. O92-06; amended 3-16-1996 by ATM Art.
41]
A. The town will re-establish the Code of Ethics Committee from a body
appointed by the Board of Selectmen to that of an elected body. The
Code of Ethics Committee will consist of five (5) members at large,
with staggered three-year terms after the initial terms are completed.
The initial terms will be voted at the annual 1997 town elections
and temporarily establish the positions:
(1) Member at large [one (1) year]: 1997 to 1998.
(2) Member at large [one (1) year]: 1997 to 1998.
(3) Member at large [two (2) years]: 1997 to 1999.
(4) Member at large [two (2) years]: 1997 to 1999.
(5) Member at large [three (3) years]: 1997 to 2000.
B. Should a vacancy in the Committee arise, the remaining members of
the Code of Ethics Committee will elect a town citizen to serve out
the remainder of the term year. At the following annual town elections,
a member at large will be voted to serve out the remainder of the
term.
C. No member of the Code of Ethics Committee shall hold any other town
elective or appointive office, board membership, commission membership
or trusteeship. No member of the Code of Ethics Committee shall be
employed full- or part-time by the Town of Hudson.
[Amended 5-26-1992 by Ord. No. O92-06]
The purpose of this code is to establish guidelines for ethical
standards of conduct for all officials and employees by setting forth
those acts or actions that are incompatible with the best interests
of the town and by directing disclosure by such officials and employees
of private financial or other interests in matters affecting the town.
[Added 5-26-1992 by Ord. No. O92-06]
The Code of Ethics Committee may require of any member of town
government to appear before it and give such information as it may
require in relation to this office, its function and performance.
The Code of Ethics Committee shall give at least 48 hours' written
notice of the general scope of the inquiry which is to be made to
any person it shall require to appear before it under this section.
The Code of Ethics Committee, for this purpose, may administer oaths
and require the production of evidence.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
Any board, committee or commission, permanent or special,
established by the Selectmen or New Hampshire law.
[Amended 5-26-1992 by Ord. No. O92-06]
COMPENSATION
Any money, gift, thing of value or economic/pecuniary benefit
conferred on or received by any person in return for services rendered
or to be rendered by himself or another.
FAMILY
Includes his or her spouse, parents, grandparents, children,
grandchildren, brothers, sisters or similar step relations and the
parents, grandparents, children, grandchildren, brothers, sisters
or similar step relations of the member's spouse.
INTEREST
A.
Any legal or equitable interest, whether or not subject to an
encumbrance or a condition, which is owned or held, in whole or in
part, jointly or severally, directly or indirectly, at any time during
the calendar year.
B.
Any interest in any stock or similar security, preorganization
certificate or subscription, investment contract, voting trust certificate,
limited or general partnership or joint venture, business trust or
certificate of interest or participation in a joint profit-sharing
agreement or in an oil, water, gas or other mineral royalty or lease
or any other equity or beneficial interest, however evidenced, which
entitles the owner or holder thereof to receive or direct any part
of the profits from or to exercise any part of the control over a
business entity, as well as any interest which, conditionally or unconditionally,
with or without consideration, is convertible thereto.
C.
Any interest in a note, bond, debenture or any other evidence
of creditor interest.
D.
Ownership of land within 200 feet of any land being discussed.
E.
Acting as an agent or holding fiduciary interest.
F.
Any present or past [within the previous twelve-month period]
employer/employee relationship.
[Amended 3-18-1995]
MEMBER OF TOWN GOVERNMENT (Also referred to as "member")
Any elected or appointed official, board member or town employee,
whether full- or part-time, permanent or temporary, including those
employed by the town and paid by federal or state assistance programs
and including but not limited to all town employees, Selectmen, Budget
Committee members, Cable Television Committee members, Checklist Supervisors,
Code of Ethics Committee members, Conservation Commission members,
Greater Nashua Regional Planning Commission members, Library Trustees,
Lower Merrimack River Advisory Committee members, Planning Board members,
Recreation Committee members, Sewer Utility Committee members, the
Town Clerk/Tax Collector, the Town Moderator, the Treasurer, the Trustees
of the Trust Funds, Zoning Board of Adjustment members and members
of any other town boards, including those yet to be established.
[Amended 5-26-1992 by Ord. No. O92-06; 3-18-1995]
RESPONDENT
A member of town government named in a petition submitted
to the Code of Ethics Committee as an inquiry or alleging a violation
of the Code of Ethics.
[Added 3-18-1995]
[Added 5-26-1992 by Ord. No. O92-06]
The Code of Ethics Committee shall be responsible for verifying
that forms have been filed with the Town Clerk and, in accordance
with the procedures outlined in this chapter, shall schedule hearings
for individuals alleged to have violated this chapter.
[Added 5-26-1992 by Ord. No. O92-06]
Ninety days following the termination of office of an elected
or appointed official, and provided that no petition has been filed
citing possible conflict of interest, the Town Clerk shall return
the respective FIDF to the originator and inform the Code of Ethics
Committee of this matter.
[Amended 5-26-1992 by Ord. No. O92-06]
Each member and employee elected, appointed or engaged shall
be furnished a copy of this Code of Ethics before entering upon the
duties of office or employment. Failure to be furnished a copy of
this chapter shall not be grounds for relief from observing the requirements
of this chapter.
[Added 5-26-1992 by Ord. No. O92-06; 3-18-1995]
Any member elected, appointed or engaged before July 1, 1995,
shall be exempt from the provisions of these amendments for a period
of 31 days.