Ethics Committee

Michelle Allison-Galligan	Member - Elected in 2008 - 3 yr. term - Expires 2011
Lynne Crevoiserat	Secretary - 3 yr. term - Expires 2009
Frank Fuggetta	Member - Expires 2010
VACANT	2 Year Term
VACANT	3 Year Term

This committee will consist of five volunteer members, non of whom serve on any other town committee, commission or department.

The goal of the ethics committee is to research and develop a workable code of ethics for the Town of Weare which shall

* establish standards of conduct
* address who the code of ethics applies to
* put in place a processes and procedures to make the code
   workable
* establish a plan to educate and train those to whom the code
   applies
* develop rules for enforcing the code
* establish procedures to avoid abuse of the code
* establish the process by which future members of the ethics
   committee are to be elected or appointed
* develop a warrant article to be placed on the town warrant
   in 2006

This information is to be presented to the Board of Selectmen by December 5, 2005.

The Town of Weare has established an Ethics Committee
to:
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.

hear and resolve ethics complaints that are filed against officials,
board members and employees of Town government.

1)    The Ethics Committee shall consist of five residents of the Town
       of Weare. A quorum of three or more committee members shall
       be necessary to hear any complaint that is filed.

2)    Initially, the Town Moderator shall appoint five residents to serve
       on the Ethics Committee as follows:
       a)    one member for a one-year term,
       b)    two members for a two year term, and
       c)    two members for a three-year term.

3)    Beginning in March 2007, the voters of the Town of Weare shall
       elect residents to fill open positions on the Ethics Committee for
       three-year terms.

4)    Should a vacancy in the committee arise, the remaining
       members of the Ethics Committee shall elect a town citizen to
       serve out the remainder of the term. Any tie shall be resolved by
       the vote of the Town Moderator.

5) The members of the Ethics Committee shall elect a chairperson
on an annual basis.

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 that 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 familiarize
         themselves with the provisions of this code.

The Ethics Committee shall establish a mechanism by which officials, board members, employees and residents of the Town of Weare 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.

         a)    have the power to investigate all written complaints that are
                filed;
         b)    establish forms by which officials, board members,
                employees, and residents of the Town of Weare may file
                complaints or request that any inquiry be made;
         c)    only review complaints based on alleged violations of this
                code.

         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
         Weare.

         When signing the complaint, the complainant shall certify that
         s/he has read the Code of Ethics, believes the matter within
         the complaint is a fair subject of inquiry, and has 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 any
          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 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 thirty (30) days of concluding an investigation into a
           written complaint, the Ethics Committee shall issue a written
           statement setting forth its findings,

6)        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.

7)        Where any statute of the State of New Hampshire conflicts
           with a provision of this code, such statute shall take
           precedence.

This ordinance shall become effective sixty (60) days after its adoption by the voters of the Town of Weare.

The citizens of the Town of Weare are entitled to responsible, fair, honest and accountable town government that operates in an atmosphere of mutual respect and civility. Accordingly, the Town of Weare has adopted this code to:

1. Describe the standards of behavior to which its leaders and staff
should aspire.
2. Provide an ongoing source of guidance to elected officials,
volunteers and staff in their day-to-day service to the town.
3. Promote and maintain a culture of ethical conduct.

On (date adopted), the voters of the Town of Weare adopted this Code of Ethics, which applies to all Town employees, officers, committee members, and elected or appointed officials, and is contained in the following pledge:

I serve the community with dignity and respect, as well as being an
agent of the democratic process.

I consider carefully the impact of my actions on public confidence. I maintain integrity at all times and consistently do what I believe is in the best interests of the community.

I am a prudent steward of public financial, natural, and cultural resources, and actively consider the impact of my decisions on the fiscal and social stability of the Town and its citizens.

I do not use my office or the resources of the Town for personal or political gain of myself, my family, friends, or associates.

I promote consistency, equity and non-discrimination in public agency decision-making, which I base on the merits of an issue, including facts, research, reasoned opinions, etc.

I encourage diverse public engagement in our decision-making processes, and support the public's right to know.

I treat my fellow town officials, staff, committee members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens.

I encourage public input and listen to all sides. I am sensitive about other people's time.

I am honest with all with whom I interact in my official capacity. I will disclose any matters that might present a conflict of interest and will recuse myself when appropriate. (Recuse means to withdraw from discussion and voting.)

I am prepared to make decisions when necessary for the public's best interest, whether those decisions are popular or not.

I cooperate with the Ethics Committee when it is acting upon any complaint or inquiry alleging violation of this Code of Ethics.

I will not disclose any confidential information acquired by virtue of my position for personal benefit, or for the benefit of any other person or business. This does not apply to information that is readily available to the general public.

I will not violate the privacy of others by disclosing information confidentially acquired in the course of my duties without a legitimate reason to do so.

    participating in matters relating to persons or businesses from
    which I have merely purchased good or services with no other
    conflict of interest

_______________________ _________________________ _______
Please Print Name Signature Date

Request for Written Advisory Opinion
Weare Ethics Committee
Town of Weare, NH 03281

Your name:__________________________________
Title of Office Held, or Position:__________________
Address:____________________________________
Telephone No.:_______________________________
Applicable Provision of Ethics Code:_____________

Please describe the specific issue on which you wish to have the Ethics Committee write an advisory opinion pursuant to Section II.C of the Weare Ethics Code. Please be as specific as possible. If necessary, attach additional pages.
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

I hereby certify that:
√ I am a Weare town official, board member, or employee;
√    I have read the Weare Ethics Code;
√    I believe that this matter is a fair subject of inquiry for the Ethics
      Committee; and,
√    I will cooperate with the Ethics Committee in its investigation of
      this matter, and will appear at a hearing on this issue if requested
      to do so.

Dated:_____/_____/_____ Signature:_________________________
Revised 10-1-06

Your name:________________________________________________
Address:__________________________________________________
Telephone:_________________________________________________

Person(s) against whom you are filing this complaint:______________
Town office or position this person(s) holds:______________________
Applicable provisions(s) of Ethics Code:_________________________

Please describe the specific conduct that is alleged to be a violation of the Weare Ethics Code. Be as specific as possible. Include dates, times, places and actions, and a list of any witnesses, and/or supporting documentation or other evidence. If necessary, please attach additional pages.
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________

Please describe what actions you have taken to resolve this situation within Weare Town Government before bringing it before the Ethics Committee. These might include (but are not limited to):
√    Bringing the matter of the complaint to the attention of the
      individual (s) involved
√    Bringing the matter of the complaint formally before the board of
      committee involved
√    If you're a town employee, bringing the matter of the complaint to
      the attention of your supervisor.
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________

I believe that the person listed above has violated the Weare Ethics Code, and request that the Ethics Committee conduct an investigation of this matter. I hereby certify that:
√    The facts set forth above are true and correct to the best of my
      knowledge and belief
√    I have read the Weare Ethics Code
√    I believe that this matter is a fair subject of inquiry for the Ethics
     Committee
√    I will cooperate with the Ethics Committee in its investigation of this
     matter, and will appear at a hearing on this complaint if requested to
     do so; and,
√   I have exhausted all other avenues to resolve this situation that are
     available within Weare Town Government.

Dated:____/____/______Signature_______________________________
Revised 10-1-06

Any person may submit a complaint to the Ethics Committee alleging a violation of the Town's Ethics Code by an elected or appointed town employee. The Committee may not consider any alleged violations that occurred before the adoption of the Town's Ethics Code (March, 2006) or more than one year before the date of the filing of a complaint. If the violation is alleged to have begun more than a year before the filing of the complaint and to have continued to a time within the one-year period, the Committee may consider the complaint.

Within a reasonable time from receipt of a complaint, the Ethics Committee shall forward a copy of the complaint and supporting materials to the subject of the complaint. The Committee shall make a preliminary evaluation of the complaint and any response provided by the subject of the complaint, and shall make a determination as to whether the Committee has jurisdiction over the alleged incident, whether the complaint establishes probable cause, and whether it should be dismissed or there should be further proceedings. If the Committee determines that there is probable cause to believe that there has been a violation of the Ethics Code, the subject of the complaint shall be offered an opportunity for a hearing before the Committee.

The existence and status of a complaint has public data. In accordance with the provisions of NH RSA Chapter 91-A:3, II (c), all other information regarding the complaint shall be nonpublic while under consideration by the Committee, and until dismissed or transferred to the Board of Selectmen for potential action, or until it's determined the provisions don't or no longer apply. The person making the complaint will be notified of the Committee's findings and recommendations.

A copy of the Ethics Code may be obtained at the Weare Town Offices, or at http://weare.nh.gov.

Meetings are to be determined each month.

MEMBERS