It is the policy of the Town of Merrimack to uphold, promote
and demand the highest standards of ethics and conduct from all of
its employees and officials, whether elected, appointed or hired.
The Town Council, all Town employees and all members of Town boards,
commissions, and committees shall maintain the highest standards of
personal integrity, truthfulness, honesty and fairness in discharging
their public duties and never abuse their positions or powers for
improper or personal gain.
The purpose of this code is to establish guidelines for the
ethical standards of conduct for Town officials, board members and
employees. We expect our public servants and volunteers to act in
the best interest of the Town. We expect Town officials, board members
and employees to disclose any personal, financial or other interests
in matters affecting the Town that come before them for action. We
expect Town officials, board members and employees to remove themselves
from decision making if they have a conflict of interest. We expect
Town officials, board members and employees to be independent, impartial,
and responsible to their fellow Townspeople in their actions. We expect
that the Town's official decisions and policies be made through the
proper channels of government.
We expect that public office or a volunteer position in our
Town not be used for personal gain. It is important that the public
has confidence in the integrity of its government and that Town officials,
board members, volunteers and employees have an opportunity to protect
their personal reputation. This code establishes a process by which
one may obtain guidance regarding potential ethical issues and it
establishes a course of action for resolving disputes in a manner
that is fair to all of the parties involved.
As used in this article, the following terms shall have the
meanings indicated:
A. Board: Any board, committee or commission, permanent or special,
established by the Town Council under New Hampshire state law or this
Charter.
B. Complainant: A resident of the Town of Merrimack who has submitted
a petition to the Ethics Committee requesting an inquiry or alleging
a violation of the Code of Ethics.
C. Conflict of interest: A situation, circumstance, or financial interest
that has the potential to cause a private or personal interest to
interfere with the proper exercise of a public duty.
[Amended 4-10-2007]
D. Employee: A person who is paid by the Town of Merrimack for his/her
services but who is not an independent contractor.
E. Ethics Committee: The committee established by Article
VI of this Charter.
F. Family: Any person who is related to the official, board member or
employee in one of the following ways: spouse, parent, grandparent,
child, grandchild, sibling, or similar relation to the individual's
spouse. This includes all persons who are members of the same household
as the official, board member or employee in question, regardless
of whether they are related by blood or marriage.
G. Interest: Any legal or equitable right, share, or claim, whether
or not subject to an encumbrance or a condition, which is owned or
held, in whole or in part, jointly or severally, including but without
limitation, a right, share or claim to land.
H. Official: Any elected or appointed officer, board member, or agent
of the Town of Merrimack.
I. Principals: Those people who are the subject of the action or application
that is before the board.
J. Public servant: A person who serves the Town of Merrimack in an official
capacity, whether elected or appointed, paid or unpaid, any Town official,
board member or employee.
K. Respondent: Board member or employee named in a petition submitted
to the Ethics Committee as an inquiry or alleging a violation of the
Code of Ethics.
L. Resident: A resident of the Town of Merrimack.
M. Quasi-judicial action: Any action where the board or committee has
a duty to notify the potential parties, hear the parties, and can
only decide after weighing and considering such evidence and arguments
as the parties choose to lay before them.
N. Town: The Town of Merrimack, including all of its departments, boards,
commissions, and committees.
The provisions of this Code of Ethics shall not be interpreted
so as to bar:
A. Any official, board member or employee who is a resident of the Town
of Merrimack from fully participating in any public proceeding conducted
by the Town;
B. Acceptance of donations for the expressed purpose of financing a
political campaign, provided such contributions are reported in accordance
with all local, state and federal laws that pertain to such donations;
C. Participation in a matter that relates to a person or business from
which an official, board member or employee has merely purchased goods
or services, if the individual in question has no other conflict of
interest relating to that person or business;
D. Police officers, firefighters, and other emergency personnel from
acting in the course of their official capacities when responding
to emergencies in accordance with the rules and regulations of their
departments; and
E. Supervisors of Town employees from appropriately carrying out personnel
policies.
The Ethics Committee shall:
Educate officials, board members and employees of Town government
regarding the provisions of the Ethics Code;
Provide advice and counsel to officials, board members and employees
regarding ethical issues with which they are confronted; and
Hear and resolve ethics complaints which are filed against officials,
board members and employees of Town government.
A. Education.
(1) At the time that each newly elected or appointed official, board
member or employee takes the oath of office, they shall receive a
copy of this code and acknowledge in writing that they have received
a copy of this code.
(2) The Ethics Committee shall hold a meeting each spring for newly elected
or appointed officials, board members and employees so they may familiarize
themselves with the provisions of this code.
(3) It shall be the responsibility of the supervisor of any new employee
to ensure that the new employee familiarizes themselves with the provisions
of this code.
B. Inquiries. The Ethics Committee shall establish a mechanism by which
officials, board members, employees and residents of the Town of Merrimack
may obtain advice and counsel from the committee regarding ethical
issues that may arise from time to time. Upon request of a Town official,
board member or employee, the Ethics Committee may issue a written
advisory opinion in response to such an inquiry.
C. Complaints.
(1) The Ethics Committee shall:
a. Have the power to investigate all written complaints which are filed;
b. Establish forms by which officials, board members, employees, and
residents of the Town of Merrimack may file complaints or request
that an inquiry be made;
c. Only review complaints based on alleged violations of §
9-3A to
H of this article. All such requests or complaints must be in writing, shall specify the provision of the code which the complainant believes was violated, and must be signed by a resident of Merrimack. When signing the complaint, the complainant shall certify that he or she has read the Code of Ethics, that they believe the matter within the complaint is a fair subject of inquiry, and they have exhausted all other avenues of relief available to them within our Town government.
(2) Any official, board member or employee against whom a written complaint
is filed shall be given a copy of the complaint and upon written request
shall be afforded an opportunity to be heard and to present evidence
to the Ethics Committee.
(3) The Ethics Committee shall have sole discretion for setting rules
regarding the conduct of hearings. The Committee shall seek to make
sure that both the complainant and the respondent have an opportunity
to be heard and to present evidence, but the Committee may limit the
testimony and evidence which is presented to it if in the opinion
of the Committee the testimony and evidence in question is irrelevant,
unnecessary, redundant, or unreliable.
(4) The Ethics Committee may require, with sufficient written notice,
any official, board member or employee of Town government to appear
before it to provide testimony regarding pending complaints. The Ethics
Committee, for this purpose, may administer oaths and require the
production of evidence such as documents.
(5) Within 30 days of concluding an investigation into a written complaint,
the Ethics Committee shall issue a written statement setting forth
its findings. The Ethics Committee shall not have the power to impose
any monetary or other penalty, only to issue a written statement as
set forth above.