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Untitled - Town of Windham

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ANNUAL SENATE BILL 2 SESSIONSThe provisions set forth above shall not prohibit a Covered Person from applying for real estate taxabatements with respect to a Covered Person’s real estate interests.A Covered Person shall not, with respect to a business or entity in which the Covered Person has aninterest, be prohibited from applying for electrical permits, plumbing permits and such other permits orlicenses issued as part <strong>of</strong> and pursuant to the <strong>Town</strong>’s administrative function, but such Covered Personshall be prohibited from bringing any matter regarding such business or entity before the Zoning Board <strong>of</strong>Adjustment, Planning Board, Board <strong>of</strong> Selectmen, or any <strong>Town</strong> Commission.It shall be the affirmative responsibility and duty <strong>of</strong> any and all <strong>Town</strong> <strong>of</strong>ficials and/or <strong>Town</strong> employees toreport, in writing, a violation <strong>of</strong> the above by a Covered Person directly to the Board <strong>of</strong> Selectmen.A violation <strong>of</strong> this ordinance by a Covered Person shall be deemed a violation <strong>of</strong> the <strong>Town</strong>’s Code <strong>of</strong> Ethics(with respect to <strong>Town</strong> employees) and shall be grounds for removal from <strong>of</strong>fice or employment with the<strong>Town</strong>.Any permit, permission, license, variance, grant, approval or action obtained from the <strong>Town</strong> through thedirect or indirect actions <strong>of</strong> a Covered Person during the Covered Period shall be void.The provisions contained in this ordinance shall be in addition to and shall supplement any and all other laws,ordinances, codes, rules or regulations now or hereinafter in force and effect.The provisions contained herein cannot be waived, suspended or overridden.Covered Persons who are now in <strong>of</strong>fice, employed by, or who are under contract or arrangement with or onbehalf <strong>of</strong> the <strong>Town</strong> at the time <strong>of</strong> adoption <strong>of</strong> this ordinance shall be exempt from the provisions here<strong>of</strong> for aperiod <strong>of</strong> 180 days following the date <strong>of</strong> adoption <strong>of</strong> this ordinance.The amendments were SECONDED by Selectman Breton.M. Scholz wanted to know if these amendments were improvements from the original Article in AttorneyCampbell’s opinion.Attorney Campbell apologized that he couldn’t follow line for line, but as far as the sound <strong>of</strong> the amendmentsgo there is somewhat <strong>of</strong> an improvement, but again like the previous Article, failure for a business owner todo business within the town mechanics, i.e. going before a board for an approval. These amendments don’tremedy the concerns. He specifically sees tax abatement, but wonders about other town business that one canseek.M. Sneider has concerns that people who sit on <strong>Town</strong> boards can do get approvals for their own businessconnections. This ordinance specifically clears this up.T. Case wants to know the difference between both Articles as amended. J. Belair answered that Article 18speaks to conflicts <strong>of</strong> interest in terms <strong>of</strong> covered persons from making decisions that would conflict with apersonal matter. Article 19 speaks to conflicts <strong>of</strong> interests more generally, not so much with decision makingcapability. T. Case the woman (D. Hume) that said she signed the petition before with wording in the priorstate, wouldn’t her rights be violated.M. Scholtz theorized that he had an opportunity to come before the <strong>Town</strong>, just like any other participants. Atthis meeting amendments can be proposed, just like any other right or intention.D. Senibaldi had opportunities as elected <strong>of</strong>ficial, committee member, and employee. He feels like there is anunderlying tone that there is something wrong. He went on saying that sometimes people don’t like howdecisions are made near their properties or if it affected them in some way. Doesn’t feel it’s appropriate thatpeople are assuming that there are wrong doings in <strong>Town</strong>. Disagree with both warrant Articles and won’t bevoting for them.2012 ANNUAL REPORTS 26 TOWN OF WINDHAM, NH

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