I.
Code
Provisions
A.
No
Conflicts
of
Interest
Officials,
board
members
and
employees
of
the
Town
of
Dunbarton
shall
avoid
conflicts
of
interest
or
even
the
appearance
of
a
conflict
of
interest.
As
a
town
official,
board
member
or
employee,
you
shall
not
participate
in
any
matter
in
which
you,
or
a
member
of
your
family,
have
a
personal
interest
which
may
directly
or
indirectly
affect
or
influence
the
performance
of
your
duties.
In
such
instances,
you
shall
recuse
yourself
from
discussion
and
decision-making.
Recusal
means
to
remove
yourself
completely
from
all
further
participation
in
the
matter
in
question.
Officials,
board
members
or
employees
who
have
been
recused
shall
immediately
leave
the
room
or
shall
seat
themselves
with
the
other
members
of
the
public
who
are
present.
When
recused,
you
shall
not
participate
in
further
discussions,
unless
you
clearly
state
for
the
record
that
you
are
doing
so
only
as
general
member
of
the
public.
As
a
recused
person,
you
shall
not
deliberate
or
vote
on
the
matter
in
question.
B.
A
Duty
to
Recuse
in
Quasi-Judicial
Actions
A
“quasi-judicial
action”
is
any
action
where
the
board
or
committee
you
are
a
member
of
is
acting
like
a
judge
or
a
jury.
For
example,
when
your
board
or
committee
has
a
duty
to
notify
the
potential
parties,
hear
the
parties,
and
can
only
decide
on
the
matter
after
weighing
and
considering
such
evidence
and
arguments
as
the
parties
choose
to
lay
before
you,
you
are
involved
in
a
quasi-judicial
action.
The
work
of
the
planning
and
zoning
boards
is
largely
quasi-judicial.
Not
only
do
officials,
board
members
and
employees
of
the
Town
of
Dunbarton
have
a
duty
to
recuse
themselves
as
outlined
in
the
section
above,
you
must
recuse
yourself
in
a
quasi-judicial
action
if
you
would
not
be
qualified
to
sit
as
a
juror
in
that
case.
For
example,
jurors
are
not
qualified
to
sit
in
a
case
if
they
have
advised
or
assisted
either
party
in
a
matter
being
decided,
are
prejudiced
to
any
degree
regarding
the
pending
matter,
or
believe
they
cannot
for
any
reason
be
totally
fair
and
impartial.
As
a
representative
of
the
Town
of
Dunbarton,
you
are
expected
to
hold
yourself
to
this
same
standard.
C.
A
Duty
to
Disclose
As
an
official,
board
member
or
employee
of
the
Town
of
Dunbarton
you
shall
not
participate
in
the
conduct
of
business
on
behalf
of
the
town
or
enter
into
discussion
or
deliberation
of
any
matter
without
first,
publicly
and
on
the
record,
stating
all:
·
dealings
·
interests
·
relationships
·
friendships
·
and
possible
conflicts
which
may
exist
between
you
and
your
family,
and
the
principals
or
the
issue
under
consideration.
D.
No
Unfair
Personal
Use
of
Town
Property
No
official,
board
member
or
employee
of
the
Town
of
Dunbarton
shall
use
town
property,
services,
or
labor
personally,
or
make
the
same
available
to
others
unless
such
use
is
available
to
other
residents
upon
request
on
equal
terms.
E.
No
Misuse
of
Confidential
Information
No
official,
board
member
or
employee
of
the
Town
of
Dunbarton
shall
use
any
confidential
information
acquired
by
virtue
of
that
individual’s
official
position
for
personal
benefit,
or
for
the
benefit
of
any
other
person
or
business.
This
does
not
apply
to
information
which
is
readily
available
to
the
general
public.
In
addition,
no
official,
board
member
or
employee
of
the
Town
of
Dunbarton
shall
violate
the
privacy
of
others
by
publicizing,
gossiping,
or
discussing
information
confidentially
acquired
in
the
course
of
official
duties
without
a
legitimate
reason
to
do
so.
F.
No
Improper
Gifts
No
official,
board
member
or
employee
of
the
Town
of
Dunbarton
shall
accept
a
gift
(or
allow
acceptance
of
such
gift
by
a
family
member)
from
any
individual,
group,
or
corporation
which
has
or
is
likely
to
have
a
matter
pending
before
the
board,
committee,
or
commission
on
which
the
official
or
employee
serves.
This
provision
of
the
code
is
not
meant
to
apply
to
gifts
traditionally
exchanged
between
family
members
-
at
holidays
or
birthdays,
for
example.
G.
A
Duty
to
Cooperate
All
officials,
board
members
and
employees
of
the
Town
of
Dunbarton
shall
cooperate
with
the
Ethics
Committee
regarding
any
complaint
or
inquiry
alleging
violation
of
this
Code
of
Ethics.
H.
Fair
and
Equal
Treatment
Acting
in
their
official
capacity,
all
officials,
board
members
and
employees
of
town
government
shall
give
each
and
every
person
fair
and
equal
treatment.
No
official,
board
member
or
employee
shall
in
the
course
of
their
official
duties
give
or
deny
any
person
special
consideration,
advantage,
or
treatment
as
a
result
of
the
person’s
public
status,
position,
sex,
race,
religion,
creed,
sexual
orientation,
or
national
origin.
ii.
Definitions
As
used
in
this
ordinance,
the
following
terms
shall
have
the
meanings
indicated:
Board:
Any
board,
committee
or
commission,
permanent
or
special,
established
by
the
Selectmen
under
New
Hampshire
law.
Complainant:
A
resident
of
the
Town
of
Dunbarton
who
has
submitted
a
petition
to
the
Ethics
Committee
requesting
an
inquiry
or
alleging
a
violation
of
the
Code
of
Ethics.
Conflict
of
Interest:
A
situation,
circumstance,
or
financial
interest
which
has
the
potential
to
cause
a
private
or
personal
interest
to
interfere
with
the
proper
exercise
of
a
public
duty.
Employee:
A
person
who
is
paid
by
the
Town
of
Dunbarton
for
his/her
services,
but
who
is
not
an
independent
contractor.
Ethics
Committee:
The
committee
established
by
Section
IV
of
this
ordinance.
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.
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.
Official:
Any
elected
or
appointed
officer,
board
member,
or
agent
of
the
Town
of
Dunbarton.
Principals:
Those
people
who
are
the
subject
of
the
action
or
application
which
is
before
the
board.
Public
Servant:
A
person
who
serves
the
town
of
Dunbarton
in
an
official
capacity,
whether
elected
or
appointed,
paid
or
unpaid.
A
town
official,
board
member
or
employee.
Recuse:
Officials,
board
members
or
employees
who
have
been
recused
from
a
matter,
shall
remove
themselves
completely
from
all
further
participation
in
the
matter
in
question.
Officials,
board
members
or
employees
who
have
been
recused
shall
immediately
leave
the
room
or
shall
seat
themselves
with
the
other
members
of
the
public
who
are
present.
The
recused
persons
shall
not
participate
in
further
discussions,
unless
they
clearly
state
for
the
record
that
they
are
doing
so
only
as
general
members
of
the
public.
Recused
persons
shall
not
deliberate
or
vote
on
the
matter
in
question.
Respondant:
An
official,
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.
Resident:
A
resident
of
the
Town
of
Dunbarton.
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.
Town:
The
Town
of
Dunbarton,
including
all
of
its
departments,
boards,
commissions,
and
committees.
III.
Exclusions
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
Dunbarton
from
fully
participating
in
any
Town
Meeting;
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
which
pertain
to
such
donations;
C.
Participation
in
a
matter
which
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,
fire
fighters,
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.
Iv.
dunbarton
Ethics
Committee
The
Town
of
Dunbarton
shall
establish
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
which
are
filed
against
officials,
board
members
and
employees
of
town
government.
A.
The
Formation
of
the
Ethics
Committee
1)
The
Ethics
Committee
shall
consist
of
five
residents
of
the
Town
of
Dunbarton.
A
quorum
of
three
or
more
committee
members
shall
be
necessary
to
hear
any
complaint
which
is
filed.
2)
Initially,
the
Town
Moderator
shall
appoint
five
residents
to
serve
on
the
Ethics
Committee.
At
their
first
meeting,
the
appointed
committee
members
shall
determine
by
lot:
a.
which
two
members
will
serve
for
a
one-year
term,
b.
which
two
members
shall
serve
for
a
two
year
term,
and
c.
which
member
shall
serve
for
a
three-year
term.
3.
Beginning
in
March
2002,
the
voters
of
the
Town
of
Dunbarton
shall
elect
residents
to
fill
open
positions
on
the
Ethics
Committee.
All
future
members
of
the
committee
shall
serve
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.
B.
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.
C.
Inquiries
The
Ethics
Committee
shall
establish
a
mechanism
by
which
officials,
board
members,
employees
and
residents
of
the
Town
of
Dunbarton
may
obtain
advice
and
counsel
from
the
committee
regarding
ethical
issues
which
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.
D.
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
Dunbarton
may
file
complaints
or
request
that
an
inquiry
be
made;
c.
only
review
complaints
based
on
alleged
violations
of
Section
I
of
this
ordinance.
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
Dunbarton.
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
respondant
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
thirty
(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.
VI.
Effective
Date
This
ordinance
shall
become
effective
sixty
(60)
days
after
its
adoption
by
the
voters
of
the
Town
of
Dunbarton.
Thursday,
January
25,
2001