[NRO 1975, T. 4, § 3401; NRO 1987,
§ 2-271; amended 12-28-1993 by Ord. No. O-93-26]
In this article the following words, unless
a different meaning is required by the context or is specifically
prescribed, shall have the following meanings:
Any money, thing of value or economic benefit conferred on
or received by any person in return for services rendered or to be
rendered by himself or another.
All bidding, given and tendered to a municipal agency in
response to an open solicitation of bids from the general public by
public announcement or public advertising, where the contract is awarded
to the lowest responsible bidder.
The employee and his spouse, and their parents, children,
brothers and sisters.
Any department or office of the City and any council, division,
board, bureau, commission, institution, tribunal or other instrumentality
thereof or thereunder.
A person performing services for or holding an office, position,
employment or membership in a municipal agency, whether by election,
appointment, contract of hire or engagement, and whether serving with
or without compensation, on a full-time, regular, part-time, intermittent
or consultant basis. Municipal employees shall include but not be
limited to members of the Board of Aldermen, Board of Education, Board
of Public Works, Fire Commission, Board of Assessors, Zoning Board
of Adjustment and Planning Board.
Any decision or action in a particular matter or in the enactment
of legislation.
The direct administrative or operating authority, whether
intermediate or final, and either exercisable alone or with others,
and whether personal or through subordinates, to approve, disapprove
or otherwise direct agency action.
Participate in agency action or in a particular matter personally
and substantially as a municipal employee, through approval, disapproval,
decision, recommendation, the rendering of advice, investigation or
otherwise.
Any judicial or other proceeding, application, submission,
request for a ruling or other determination, contract lien, controversy,
charge, accusation, arrest, decision, determination or finding.
Any person who has been nominated or appointed to be a municipal
employee or has been officially informed that he will be so nominated
or appointed.
Special municipal employee is one so designated in § 5-94. All other employees are municipal employees designated in § 5-93. All employees of the City wherein no such classification has been made shall be deemed to be municipal employees, and shall be subject to all of the provisions of this article with respect thereto without exception.
[NRO 1975, T. 4, § 3401a; NRO 1987,
§ 2-272; amended 7-8-1980 by Ord. No. O-80-41; 10-14-1980 by Ord. No.
O-80-60; 12-28-1993 by Ord. No. O-93-26]
The following persons are designated special municipal employees pursuant to the provisions of the definition of "special municipal employee" in § 5-93 of this article:
A.
Any municipal employee spending no more than 100 hours
per fiscal year on municipal business.
B.
All members of the following boards and commissions,
other than full-time City employees:
[Amended 12-28-2006 by Ord. No. O-06-44]
(1)
Auditorium Commission, together with any ad hoc committee
having a term not to exceed two years.
(2)
Capital Equipment Reserve Fund.
(3)
Capital Improvements Committee.
(4)
Board of Trustees of Edgewood, Suburban and Woodlawn
Cemeteries.
(5)
Conservation Commission.
(6)
Council on Elderly Affairs.
(7)
Ira F. Harris Fund Trustees.
(8)
Board of Health.
(9)
Housing Advisory Committee.
(10)
Housing Appeals Board.
(11)
Hunt Legacy Trustees.
(12)
Nashua Industrial Development Authority.
(13)
Insurance Commission.[1]
[1]
Editor's Note: Former Subsection B(14), listing the Parks and Recreation Advisory Commission, was repealed 2-25-2014 by Ord. No. O-14-001. This ordinance also provided for the renumbering of Subsections B(15), (16), (17), (18), (19), (20) and (21) as Subsections B(14), (15), (16), (17,) (18), (19) and (20).
(14)
Personnel Advisory Board.
(15)
Board of Trustees of Board of Public Works Retirement
Fund.
(16)
Regional Planning Commission.
(17)
Board of Registrars.
(18)
Historic District Commission.
(19)
Library Trustees.
(20)
Police Commissioners.
[NRO 1975, T. 4, § 3402; NRO 1987,
§ 2-273; amended 6-13-1974 by Ord. No. O-74-31; 12-28-1993 by Ord. No.
O-93-26]
In addition to the other provisions of this
article, and in supplement thereto, the following are established
as standards of conduct for all municipal employees, for the violation
of which appropriate administrative or legal action as is warranted
may be taken by the appropriate City officer or by the head of a municipal
agency. No officer or employee of a municipal agency shall:
A.
Accept other employment which will impair his independence
of judgment in the exercise of his official duties.
B.
Accept employment or engage in any business or professional
activity which will require him to disclose confidential information
which he has gained by reason of his official position or authority.
C.
Improperly disclose confidential information acquired
by him in the course of his official duties or use such information
to further his personal interests.
D.
Use or attempt to use his/her official position to
secure unwarranted privileges or exemptions for himself/herself or
others. The municipal employee shall not take any official action
that he knows or should have known at the time of the action taken
which would primarily benefit in matters of financial interest his
or her immediate family, business or employer.
E.
By his conduct give reasonable basis for the impression
that any person can improperly influence him or unduly enjoy his favor
in the performance of his official duties, or that he is unduly affected
by the kinship, rank, position or influence of any party or person.
F.
Pursue a course of conduct which will raise suspicion
among the public that he is likely to be engaged in acts that are
in violation of his trust.
[NRO 1975, T. 4, § 3403; NRO 1987,
§ 2-274]
A.
No municipal employee shall, otherwise than as provided
by law for the proper discharge of official duties, directly or indirectly
receive or request compensation from anyone other than the City or
municipal agency in relation to any particular matter in which the
City is a party or has a direct and substantial interest.
B.
No person shall knowingly, otherwise than as provided
by law for the proper discharge of official duties, directly or indirectly
give, promise or offer such compensation.
C.
No municipal employee shall, otherwise than in the proper discharge of his official duties, act as agent or attorney for anyone other than the City or municipal agency in prosecuting any claim against the City, or as agent or attorney for anyone in connection with any particular matter in which the City is a party or has a direct and substantial interest. Whoever violates this section shall be punished as provided in § 5-105.
D.
A special municipal employee shall be subject to Subsections A and C of this section only in relation to a particular matter in which he has at any time participated as a municipal employee, or which is pending in the municipal agency in which he is serving. Subsection C of the preceding sentence shall not apply in the case of a special municipal employee who serves no more than 60 days during any period of 365 consecutive days.
E.
This section shall not prevent a municipal employee
from taking uncompensated action, not inconsistent with the faithful
performance of his duties, to aid or assist any person who is the
subject of disciplinary or other personnel administration proceedings
with respect to those proceedings.
F.
This section shall not prevent a municipal employee,
including a special employee, from acting, with or without compensation,
as agent or attorney for or otherwise aiding or assisting members
of his immediate family or any person for whom he is serving as guardian,
executor, administrator, trustee or other personal fiduciary except
in those matters in which he has participated or which are the subject
of his official responsibility, provided that the official responsible
for appointment to his position approves.
G.
This section shall not prevent a present or former
special municipal employee from aiding or assisting another person
for compensation in the performance of work under a contract with
or for the benefit of the City, provided that the head of the special
municipal employee's department or agency has certified in writing
that the interest of the City requires such aid or assistance and
the certification has been filed with the Clerk of the City. The certification
shall be open to public inspection.
H.
This section shall not prevent a municipal employee
from giving testimony under oath or making statements required to
be made under penalty for perjury or contempt.
[NRO 1975, T. 4, § 3404; NRO 1987,
§ 2-275]
A 1) former municipal employee who knowingly acts as agent or attorney for or receives compensation, directly or indirectly, from anyone other than the City in connection with any particular matter in which the City is a party or has a direct and substantial interest and in which he participated as a municipal employee while so employed, or 2) former municipal employee who, within one-year after his last employment has ceased, appears personally before any agency of the City as agent or attorney for anyone other than the City in connection with any particular matter in which the City is a party or has a direct and substantial interest and which was under his official responsibility as a municipal employee at any time within a period of two years prior to the termination of his employment, or 3) partner of a former municipal employee who knowingly engages, during a period of one-year following the termination of the latter's employment by the City, in any activity in which the former municipal employee is himself prohibited from engaging by Clause 1 of this section, or 4) partner of a municipal employee who knowingly acts as agent or attorney for anyone other than the City in connection with any particular matter in which the City is a party or has a direct and substantial interest and in which the municipal employee participates or has participated as a municipal employee or which is the subject of his official responsibility, shall be punished as provided in § 5-105. If a partner of a former municipal employee or of a special municipal employee is also a member of another partnership in which the former or special employee has no interest, the activities of the latter partnership in which the former or special employee takes no part shall not thereby be subject to Clause 3 or 4 of this section.
[NRO 1975, T. 4, § 3405; NRO 1987,
§ 2-276; amended 8-8-2000 by Ord. No. O-00-44]
A.
Except as permitted by Subsection B of this section, a municipal employee who participates as such an employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished as provided in § 5-105.
B.
It shall not be a violation of this section 1) if
the municipal employee first advises the official responsible for
appointment to his position of the nature and circumstances of the
particular matter and makes full disclosure of such financial interest,
and receives in advance a written determination made by that official
that the interest is not so substantial as to be deemed likely to
affect the integrity of the services which the municipality may expect
from the employee, or 2) if, in the case of an elected municipal official
making demand bank deposits of municipal funds, such official first
files, with the Clerk of the City, a statement making full disclosure
of such financial interest, or 3) if, by statute, the financial interest
has been exempted from the requirements of Clause 1 of this subsection
as being too remote or too inconsequential to affect the integrity
of municipal employee's services.
C.
Subsections A and B shall not apply to questions voted on by the Board of Aldermen, Board of Education, Board of Public Works, Board of fire Commissioners, Finance Committee, Joint Special School Building Committee and committees and subcommittees of such boards and committees, which shall instead be governed by the following standards:
(1)
As to matters, including but not limited to collective
bargaining agreements, changes to the merit system, or contracts,
coming before the board or committee, no member may vote or participate
in discussion on a question in which the member has a direct personal
and pecuniary interest.
[Amended 10-23-2007 by Ord. No. O-07-121]
(2)
In addition, as to matters in which the board or committee
acts in a judicial or quasi-judicial capacity, no member may vote
or participate in discussion if the member has a personal bias or
has prejudged the facts of the matter.
(4)
For purposes of this Subsection C, a judicial or quasi-judicial matter is one in which the board or committee hears interested parties, considers evidence and makes a decision that affects a specific person or persons and not the public generally.
(5)
On June 1 of each year, any office holder will inform
the City Clerk's office of any position as a board trustee or the
like that he or she is involved in.
[Amended 3-22-2011 by Ord. No. O-11-59]
D.
Subsections A, B and C shall not apply to the Mayor's veto power under Section 47 of the Nashua City Charter; provided, however, that at the time of exercising those powers the Mayor shall file with the Board of Aldermen and the City Clerk a written public disclosure of the nature and circumstances of any financial, personal or pecuniary interest of the type identified in this section.
[Added 1-22-2008 by Ord. No. O-08-03]
[NRO 1975, T. 4, § 3406; NRO 1987,
§ 2-277]
A.
A municipal employee who has a financial interest, directly or indirectly, in a contract made by a municipal agency of the City, in which the City is an interested party of which financial interest he has knowledge or has reason to know, shall be punished as provided in § 5-105. This section shall not apply if such financial interest consists of the ownership of less than 1% of the stock of a corporation.
B.
This section shall not apply to:
(1)
A municipal employee who in good faith and within
30 days after he learns of an actual or prospective violation of this
section makes full disclosure of his financial interest to the contracting
agency and terminates or disposes of the interest; or
(2)
A municipal employee who does not participate in or
have official responsibility for any of the activities of the contracting
agency, if the contract is made through competitive bidding and his
direct and indirect interests and those of his immediate family in
the corporation or other commercial entity with which the contract
is made do not in the aggregate amount to 10% of the total proprietary
interests therein; or
(3)
A special municipal employee who does not participate
in or have official responsibility for any of the activities of the
contracting agency and who files with the Clerk of the City a statement
making full disclosure of his interest and the interests of his immediate
family in the contract; or
(4)
A special municipal employee who files with the Clerk
of the City a statement making full disclosure of his interest and
the interests of his immediate family in the contract, if the Board
of Aldermen approve the exemption of his interest from this section.
[NRO 1975, T. 4, § 3407; NRO 1987,
§ 2-278]
Whoever otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, gives, offers or promises anything of substantial value to any present or former municipal employee or to any person selected to be such an employee for or because of any official act performed or to be performed by such an employee or person selected to be such an employee; or being a present or former municipal employee, or person selected to be such an employee, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of substantial value for himself for or because of any official act or act within his official responsibility performed or to be performed by him, shall be punished in accordance with § 5-105.
[NRO 1975, T. 4, § 3408; NRO 1987,
§ 2-279]
Except as hereinafter provided, no member of
a municipal commission or board shall be eligible for appointment
or election by the members of such commission or board to any office
or position under the supervision of such commission or board. No
former member of such commission or board shall be so eligible until
the expiration of 30 days from the termination of his service as a
member of such commission or board.
[NRO 1975, T. 4, § 3409; NRO 1987,
§ 2-280]
Any municipal employee shall be entitled to
the opinion of the City Solicitor/Corporation Counsel upon any question
arising under this Part 5 relating to the duties, responsibilities
and the interests of such employee. All requests for such opinions
by a subordinate municipal employee shall be made in confidence directly
to the chief officer of the municipal agency in which he is employed,
who shall in turn request in confidence such opinion of the City Solicitor/Corporation
Counsel or on behalf of such subordinate municipal employee, and all
constitutional officers and chief officers or heads of municipal agencies
may make direct confidential requests for such opinions on their own
account. The City Solicitor/Corporation Counsel shall file such opinion
in writing with the City Clerk and such opinion shall be a matter
of public record; however, no opinion will be rendered by the City
Solicitor/Corporation Counsel or except upon the submission of detailed
existing facts which raise a question of actual or prospective violation
of any provision of this Part 5.
[NRO 1975, T. 4, § 3410; NRO 1987,
§ 2-281; amended 12-28-1993 by Ord. No. O-93-26]
All disclosures and certifications provided
for in this Part 5and made in accordance with its provisions shall
be made in writing and, unless otherwise specifically provided in
this Part 5, shall be kept open to inspection by the public by the
official with whom such disclosure has been filed. In addition, all
elected officials shall, upon taking office, receive a copy of the
Code of ordinances, and a copy of the financial disclosure legislation.
They shall sign a statement, provided by the City Clerk, that such
documents have been received.
[NRO 1975, T. 4, § 3411; NRO 1987,
§ 2-282]
A.
An officer or employee of the City, or of any department,
board, commission or agency thereof may, during any period such officer
or employee is under charges for misconduct in such office or employment
or for misconduct in any elective or appointive public office, trust
or employment at any time held by him, be suspended by the appointing
authority, whether or not such appointment was subject to approval
in any manner. Notice of such suspension shall be given in writing
and delivered in hand to the person or his attorney, or sent by registered
mail to the person at his residence, his place of business, or the
office or place of employment from which he is being suspended. Such
notice so given and delivered or sent shall automatically suspend
the authority of such person to perform the duties of his office or
employment until he is notified in like manner that his suspension
is removed. A copy of any such notice together with an affidavit of
service shall be filed with the City Clerk.
B.
Any person suspended shall not receive any compensation
or salary during the period of suspension, nor shall the period of
his suspension be counted in computing his sick leave or vacation
benefits or seniority rights, nor shall any person who retires from
service while under such suspension be entitled to any pension or
retirement benefits, notwithstanding any contrary provisions of law,
but all contributions paid by him into a retirement fund, if any,
shall be returned to him.
C.
A suspension under this section shall not, in any
way, be used to prejudice the rights of the suspended person either
civilly or criminally.
D.
During the period of any suspension, the appointing
authority may fill the position of the suspended officer or employee
on a temporary basis, and the temporary officer or employee shall
have all the powers and duties of the officer or employee suspended.
A temporary officer or employee who is appointed as a member of a
board, commission or agency may be designated as Chairman.
E.
If the criminal proceedings against the person suspended
are terminated without a finding or verdict of guilty on any of the
charges on which he was indicted, his suspension shall be forthwith
removed, and he shall receive all compensation or salary due him for
the period of his suspension, and the time of his suspension shall
count in determining sick leave, vacation, seniority and other rights,
and shall be counted as creditable service for purposes of retirement.
[NRO 1975, T. 4, § 3412; NRO 1987,
§ 2-283; amended 3-12-1985 by Ord. No. O-84-79; 12-28-1993 by Ord. No.
O-93-26]
B.
In addition to any other remedies provided by law, any violation of §§ 5-95 through 5-100 which has substantially influenced the action taken by any municipal agency in any particular matter shall be grounds for avoiding, rescinding or canceling the action on such terms as the interest of the City and innocent third persons require.
C.
The City may bring a civil action against any person who has acted to his economic advantage in violation of §§ 5-95 through 5-100 and may recover damages in the amount of such economic advantage or $500, whichever is greater. If there has been no final criminal judgment of conviction or acquittal of the violation, the City may in the discretion of the court recover additional damages in an amount not exceeding twice the amount of the economic advantage or $500, whichever is greater, and a judgment for such damages shall bar any criminal prosecution for the same violation.
[NRO 1987, § 2-285; amended 10-23-2001 by Ord. No.
O-01-193]
No incumbent member of the Board of Aldermen,
Board of Public Works, Board of Education, or Board of Fire Commissioners
shall be eligible for nomination or appointment to any position requiring
confirmation by the Board of Aldermen if such position pays a salary
or other emolument.
[NRO 1987, § 2-286; added 9-17-2007 by Ord.
No. O-07-124]
Any person that held an elective office in the
City of Nashua after January 2002, until the creation of such an authority
or division for a period of five years shall be ineligible for any
position to operate the water system under City ownership or the ownership
of any entity in which the City exercises a controlling interest.
Any contract to operate or consult on the system that the city is
party to shall include a provision that is similarly prohibited.
[NRO 1987, § 2-287; added 9-17-2007 by Ord. No.
O-07-123]
The City shall not enter into any contract with
a person or entity which employed the Mayor within the year before
the Mayor took office. The continuation or renewal of existing contracts
is permitted.
