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Board of Aldermen 3-10-2020 Page 24
President Wilshire

No, | suspended the rules for a second reading of O-22 this evening. That's the money that the Mayor had
asked for at the beginning of the meeting, the supplies for the Coronavirus and all the additional materials
that the City is going to need.

Alderman Lopez
OK | thought 23 was for that.

President Wilshire

That’s coming.

Alderman Lopez

Can | just object then so we vote?
President Wilshire

Can you object to what?

Alderman Lopez

To not voting on it. Frankly if we are going to talk about setting aside our responsibilities as Aldermen to
oversee budgetary items, for an emergency, we should it make it very clear that we know what we are
doing when we do it rather than there being confusion among Board members about whether we just
suspended the rules or didn't.

Alderman O’Brien

Thank you Madam President. | would like to be recognized with a motion of final passage of R-20-022 and
if | may speak to my motion?

MOTION BY ALDERMAN O’BRIEN TO RECOMMEND FINAL PASSAGE OF R-20-022
ON THE QUESTION
Alderman O’Brien

Thank you. And | appreciate my colleague, Alderman Lopez, but | think as we all watch the news, we are
living in very unique times right here with this Coronavirus and | think what the Mayor is asking, not to put
words into your mouth on this, but | think the citizens of Nashua want us to be prepared if something should
happen. Looking at the dollar amount, it’s $50,000.00 but that’s short money if it should ever really hit in
force into the City of Nashua. So | think in order to prepare for this, | am willing to support the Mayor to
delegate this and to have it at the ready in case we need to get in to defeat the Coronavirus. If we posture
on this, by the time we meet as a Board and try to approve it, it may be too late. So I’d much rather think
like a Boy Scout and be prepared and get ready for this and approve this right now and have it ready in
case it —| hope it never happens. But if it manifests, | want to be prepared. Thank you.

Alderman Klee
Thank you. | just had a quick question. The money that we are going for this, the account the contingency

account that has $84,750.00, do we take this $50 out and then we also support another that is going
forward, the $25,000.00 out of the same account would leave us $9,750.00.

Board of Aldermen 3-10-2020 Page 25

If we need more, I’m sure the Mayor could write us a check for it. | just want to make sure that this
$50,000.00; | guess | have a little anxiety that it’s not going to be enough, especially hearing all the things
that you were talking about.

Mayor Donchess

Well if we need more, we will have to come up with another place, for example, you know we haven't had a
tough winter. So there are various places where we probably would have money, that we could potentially
possibly use.

Alderman Klee

Thank you.

Alderman Lopez

So in response to the comment about posturing, | was trying to point out that we hadn’t actually made it
clear what we were doing and | was concerned that members of the public might see as not having done
this clearly, given that other Aldermen had asked the question. So from my perspective | would say
posturing is just driving right past that. So Madam President, Mr. Vice President, if you guys want to run
the meeting that way that’s fine. | just want to make it clear, | just want to make sure that we are following
the procedures, because | would hate for us to do this and then somebody to challenge us on how we did
it. That’s going to be Attorney Bolton’s issue to deal with. | consider it just a matter of protocol within the
meeting. When it comes to the actual support for keeping the City functioning during a potential outbreak
or impairment of services, | don’t have any objections.

President Wilshire
What do you think | did | wrong over here?

Alderman Lopez

| think it would have been good if you had said “without objection we will suspend the rules” instead of just
saying, “we are suspending the rules” and then when | pointed that we didn’t do that, we could have just
had a vote, you both just drove right past it. So it is clear now that what we are doing is what we are doing,
but by not making the vote on the procedural part, anybody who objects to it on procedural grounds is now
being positioned as though they object to being ready for the Coronavirus, instead of just saying “wait we
should have made sure we all agreed to suspend the rules’.

President Wilshire

OK.

Alderwoman Lu

| think | understand Alderman Lopez correctly, you are just asking for a vote on moving it to having the
second reading, am | correct?

Alderman Lopez
That’s what | was asking for before, but we’ve driven past that point.
Alderwoman Lu

How did we get past it so quickly.

Board of Aldermen 3-10-2020 Page 26

Attorney Bolton

| mean | may have missed it, but apparently Alderman Lopez believes that the President didn’t say words to
the effect of “unless there’s any objection the rules will be suspended”. | thought that’s what she said, at
least I’m pretty sure that’s what she meant to say. What would have been proper, whether she said that or
not, if someone did not want the rules to be suspended, someone of the members of the Board to at that
point, say, “point of order, | would like us to vote on the suspension of the rules”. No one did that then. If
you don’t speak up timely, you have acquiesced and that acquiescence is the equivalent of a unanimous
vote to go along with what the President is proposing. So that happened. Meanwhile, the second reading
occurred and then a motion for final passage was made. That’s where you are now to go back a couple
steps now to when the rules were suspended, as | say rightly or wrongly at the time, you’ve got to raise it
immediately, you can’t raise it a couple steps down the road.

Alderman Lopez

Point of order at the risk of interrupting, | did say “objection” and that was my purpose. If | used the wrong
phrase and it wasn’t clear to the President what | was trying to do then | apologize but | was literally trying
to say we should object to just having the rules suspended without actually having a vote on it.

Attorney Bolton

These things happen and | am sure the President will be more careful and more aware in the future.
President Wilshire

Absolutely.

Attorney Bolton

But if you are trying to follow the rules, what’s before you right now is the motion for final passage of this
Resolution.

Alderman Lopez

And if | might interrupt one more time | would just, | was trying not to interrupt so that’s why | didn’t push it
any harder. | should have probably better terminology.

Alderwoman Lu
My recollection was simply that Alderman Lopez asked and noted at that point the motion was made or

after that point the motion was made so it doesn’t seem to me that the motion had been made yet when the
objection had come up.

Attorney Bolton

My recollection is the second reading had occurred before either Alderman Lopez or Alderman Jette
indicated any objection. Now that may be wrong, but! don’t really think it matters at this point.

Alderman Dowd
Relative to what we are doing, relative to this Ordinance, it was explained in detail by the Mayor at the

beginning of the meeting on this particular Ordinance. So when this came up, it should have been
anticipated what we were going to do.

Board of Aldermen 3-10-2020 Page 27

That we were going to suspend the rules, get a second reading and pass this so he could fulfill wnat he
asked to do at the beginning of the meeting. So | don’t think there was any ambiguity as to what we were
trying to do with this Ordinance.

President Wilshire
The motion on the floor is for final passage of Resolution 20-020.
Alderwoman Lu

Thank you. When | have been listening to the Mayor, | don’t take that as instructions of what we are going
to do. So | was not prepared for the instructions that will be suspending the rules. | understood it was a
request but | thought it was something that could or would be voted on. Thank you.

Alderwoman Kelly

| apologize, | actually just want some clarity from Attorney Bolton. So if this were to happen again and
someone objects do we not need to wait to be called on do we just interrupt and say, “I object” in order to
get the timing you are talking about.

Attorney Bolton

The strictly correct way is to say, “point of order’. Any time that you hear “if there are no objections’ it is
proper to say “I object, | do object” or words to that effect. And you don’t have to be recognized and the
same thing if you want to raise a point of order, you can raise that without being recognized. In this case
the President or in Committee it would be the Chairman, Chairperson, Chair, interrupt the speaker and ask
the person who called out “point of order’, “what is the point of order’ and a point of order should be
something that has been done or is being done in violation of the rules. It should not be used just “l
disagree”. It should be calling the attention of the Chair to a transgression of the rules.

Alderwoman Kelly

Thank you very much.

President Wilshire

The motion before us is for final passage of Resolution 20-022. Further discussion on that?
MOTION CARRIED

Resolution 20-002 is declared duly adopted.

R-20-023
Endorser: Mayor Jim Donchess
RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2021 PROPOSED BUDGET FOR
THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
Given its first reading;

There being no objection, President Wilshire accepted the first reading of R-20-023, referred it to the
Budget Review Committee and scheduled a Special Board of Aldermen public hearing for
Wednesday, May 20, 2020, at 7:00 p.m. at NHS-North Auditorium

Board of Aldermen 3-10-2020 Page 28
Alderman Lopez

Point of order? What is O-20-023.

Alderman Dowd

The budget.

Alderman Lopez

OK because | have 20-020 that’s why | was confused.

NEW BUSINESS — ORDINANCES - None

President Wilshire

Without objection, would suspend the rules to accept a communication placed on our desk this evening
from Larry Budreau, H.R. Director, regarding UAW Professional Work Schedule & Pay Practices.

From: Larry Budreau, Human Resources Director
Re: UAW Professional Work Schedule & Pay Practices

There being no objection, President Wilshire suspended the rules and accepted a communication
from Larry Budreau regarding UAW Professional Work Schedule & Pay Practices

PERIOD FOR GENERAL PUBLIC COMMENT

Stacie Laughton Honorable Board | am Selectman Stacie Marie Laughton, Ward 4, 80 Elm Street, Unit 1. |
come before you tonight, that was a very interesting meeting. Not bad for this type of statement | have to
make. My statement is kind of mixed. A little over a week ago, my wife, who is a former Selectman in the
City, she passed away. And she was kind of looking forward to seeing some of the stuff | might do going
forward and | have been in contact with the Chief of Police, Fire Department, some member of the Board,
the Mayor. She loved this City, she loved this Board and she loved the fact that the one time she was,
excuse me, | have a little cough, she loved the fact that one time when she was a Selectman we called her
the “Ballot Box Girl’. Interestingly enough in the last primary when | started my work again as a Selectmen,
| was placed at the ballot box because | have an achilles / tendon issue. And you know, it’s really sad that |
come and | have to tell you that.

Also | just want to thank the City and Bob Mack and other people at my church. | have a copy of cremation
ledger. There were not people of very much money, the City of Nashua was there for us in this time. And |
just want to thank the Welfare Department and the City for making such services available to people like
myself. With that, | always try to remain as non-partisan but | do want to say that she would be happy that |
am serving as a Selectman with the City. She’d also be happy that | am also going to run again for State
Representative. And | am going to run for her and | am going to keep my head clear. | have been very
fortunate to be offered a second chance to be a Selectman. You know, people recall my past, and | will just
say in the past | did call in a bomb threat unfortunately to the local hospital. In my past | committed felonies
and | am sorry. | have never got a chance to say I’m sorry for 2012 and I’ve never got a chance to say | am
sorry for the bomb threat. | am sorry. But! thank you for the opportunity to be able to serve within this
government again. And hopefully we can take it to the next level. And | have to shout out to all the City
services who helped my wife and | during this time, the Fire Department, all the personnel from Engine 4
and the Ladder Company and the various Police Officers who have helped with different things.

Board of Aldermen 3-10-2020 Page 29

Also, a big shout out to Hearts Peer Support Center in Nashua. | am member there, | am on the Board of
Directors and hopefully | will be running for that Board’s president soon. I’ve also been a guest in their
respite center. Because of my past, | didn’t want to fall apart again. | didn’t want to see the news come out
where | was going to break the law again or be stupid. But | am here today strong and | am here ready to
continue to serve this City because that’s what my wife Lisa Laughton would want me to do. | know this is
an odd statement for this Board but | am not just any individual. So | appreciate this opportunity and |
appreciate this government, the City, all of its services, Bob Mack, Hearts Peer Support Center and coming
up in May we are going to have an awesome celebration of life service for her. Selectman Lisa Laughton
would only want the best for her service to remember who she was. Though her and | made mistakes, we
are good people and | appreciate the second chance that I’ve been given to serve the City and hopefully a
second chance at the State position that | lost, that | made history on in 2012. But my hope is that | can try
to you know get to serve in that capacity.

I'll shut my mouth and | will let you finish your meeting and you have a great night and thank you for, again,
a second chance to serve within this City. Thank you.

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
President Wilshire

Do you mind if | let the Mayor say a few things first?

Mayor Donchess

Very quickly.

Alderman Jette

Only one bite at the apple.

Mayor Donchess

We changed the presentation of the Budget this year making it book-like rather than this and including a lot
more information with even some pictures and stuff and it is easier for everybody to get it to it and
understand it and understand what the money is spent on. It’s a lot easier to understand now, even
Alderman Lopez will be able to follow it.

Alderman Lopez

No he can't.

President Wilshire

Are you all set Mayor?
Mayor Donchess

Yes.

President Wilshire

OK, Alderman Tencza, | am going to start down your end.

Board of Aldermen 3-10-2020 Page 30
Alderman Tencza

I’m all set thank you.

Alderman Lopez

| want to express my condolences to Selectman Laughton. Lisa was a very strong presence in the
community, she was well-liked. There were many, many community events where she was parked there
with her wheelchair, she had the little dog, she’s going to be greatly missed.

| also want to say | appreciate the courage that it took to come forward. | know for some of us politicians
you might be like “what” all of these things just got thrown at us at once. But it takes a lot to open yourself
up in that particular way. It takes a huge amount of courage to admit publicly that you did some things you
aren’t proud of and | respect that. | respect that you did apologize and | admire the strength that you are
demonstrating here and your commitment to moving forward. | also appreciate your advocacy for people
who are struggling with mental health issues because sometimes it is difficult, especially wnen we are
dealing with a sudden loss or we don’t know exactly what is going on around us, to act the way that the
public expects us to. | think you are a very good champion for that; you are wearing my heart on your
sleeve. | don’t think this Board appreciates that.

Alderman Clemons

My colleague Alderman Lopez said it probably better than | could. But let me give you my deepest
condolences and | accept your apology.

Alderwoman Kelly

| also wanted to thank you for your comments, it definitely is a lot of courage to get up share what is going
on and that you are hopeful for the future. | am sorry for the loss of your wife. But | also appreciated your
comments in the beginning around the title change it’s a small victory (inaudible).

Alderman Klee

| am sorry for your loss. | know it’s not easy to lose someone. | also just want to make a comment about
the budget and everything that the Mayor shared with us. | know that the Administrative Director has been
working very hard on the health care issues, and trying to do everything she can to get that cost down. |
look forward to the Budget Hearings and | look forward and to see what changes we need to make and |
know everybody is trying to cut their budget as much as possible and it'll be our job to kind of look at it.
Thank you so much.

Alderman O’Brien

| would just like to again express my condolences. | knew Lisa as you know over the years from the
O’Brien Family, our deepest condolences.

Alderman Harriott-Gathright

Same here Stacie, you’ve got my deepest condolences. | knew Lisa as well and | remember sitting in the
car together and making it up to Portsmouth and other places that we’ve been. | wasn’t aware that she had
passed so | just heard this tonight, so | am truly sorry.

Alderman Schmidt

A loss is hard, thank you for sharing it with us.

Board of Aldermen 3-10-2020 Page 31
Alderman Jette

| know that some people will be celebrating the Feast Day of a Minor Saint. But also next week we will be
celebrating the Feast Day of a giant of the Church, a patron of the Church, of course | am speaking of St.

Joseph. So to all of the people who will be celebrating the Feast Day of the Minor Saint and for the Great
Patron Saint, St. Joseph my best wishes.

Alderwoman Lu
Stacie | am very sorry for your loss. | didn’t know your wife but | am sorry.

| just want to share with you just that the Arts Commission met today and they are, a couple thing things,
they are sponsoring a workshop at Nashua Public Library April 1° and it is being run by Ginnie Lupi who is
the Director of the New Hampshire State Council on the Arts. It is how to advocate for arts in your
community. They are re-doing their arts (inaudible) plan. And Community Music School is also holding a
great concert with their staff and students. And also Oasis meets at Alpine Grove on April 18".

President Wilshire

Without objection, | would like to apologize to Alderman Lopez. Thank you Alderman Lopez, I'll try harder
next time. Stacie, | too extend my condolences to you. | know that it was a terrible loss for you but you
know we are proud of you getting up here and speaking about your future and | wish you well.

Committee announcements:
Alderman Dowd

Ok we have received the bible or the holy grail on the budget. You all should have received with a cover
memo the schedule for the Budget Review so the different departments. We will also be having other
Budget Meetings to discuss things referred to Budget, because these tend to be complete evenings. Also,
we are changing a few things this year. One thing is John Griffin, he and | put together some notes on,
especially for the new people on how to interpret the different colored pages in the book. The other thing
that is going to be done is Mr. Griffin and Mr. Fredette are going to discuss all the revenues at one time.

As you recall in the past, when we came to a Department we would talk to the appropriations and the
revenue separately on each Department. We are not doing that this year; we are only going to be talking
about the appropriations. There will be more coming out at the first Budget Meeting. Also, there should be
a date, because these change, you know? The City keeps moving and things happen and things change.
So always be sure that you have the latest version and it is fine to study the book. The other more
important thing is if you have a question that you want to ask one of the Department Heads from many of
the Departments in the City, please ask that question through Donna. When the answer comes back to
Donna, she will share it not only with Budget Committee but everybody on the Board. | would prefer and
sort of insist that you don’t go directly to those Departments individually because everyone should have the
same information as we go through the Budget, alright? And if you have any questions, just let me know.

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE MARCH 10, 2020, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 9:28 p.m.

Attest: Susan K. Lovering, City Clerk

City of Nashua

Human Resources Department
229 Main Street - Nashua, NH 03060

MEMORANDUM
To: Board of Aldermen
From: Larry Budreau, Human Resources Director
Ce: Mayor Donchess

Kim Kleiner, Administrative Services Director
Subject: UAW Professional Work Schedule & Pay Practices

Date: March 9, 2020

Nashua resident Laurie Ortolano addressed the Personnel / Administrative Affairs Committee on
Monday March 2. She expressed interest in a segment of the Police Department’s
intradepartmental Communication regarding the Nashua Assessing Department Investigation.

“As a salaried employee Turgiss is entitled to his salary regardless of the actual hours he works as
long as he works at some point during a pay period.”

Ms. Ortolano read a section of the UAW Professional Unit collective bargaining agreement.
Focusing on “the nermal work schedule shall consist of five (5) consecutive eight (8) hour work
days,” she questioned apparently conflicting information. Why does the union contract describe a
40-hour workweek and the Police memo state that “as a salaried employee Turgiss is entitled to his
salary regardless of the actual hours he works as long as he works at some point during a pay
period?”

Discussion

At the March 2 Committee meeting Alderman Tencza correctly cited the New Hampshire statute
that is the basis for the remark in the PD memo. Please note the first sentence of the statute.

275:43-b Payment of Salaried Employees. -
{. Asalaried employee shall receive full salary for any pay period in which such employee performs
any work without regard to the number of days or hours Worked ........:.sesceseceeeeeeeeees

Source. 1994, 290:4. 2004, 145:1, eff. Jan. 1, 2005.

-Mr-Furgiss-confirmed Ms: Ortolano’s-allegation that he frequently took a lunch break for more than

an hour in April 2019. Correspondingly, he generally arrived at work 45 minutes to an hour early

and sometimes worked beyond 5:00 PM. Neither the City’s administrative investigation nor the
Police Department's investigation concluded that Mr. Turgiss’s schedule constituted theft of wages.

Ms. Ortolano’s implied allegation or speculation that Nashua’s salaried employees don’t work a full
work week is not valid in general nor for Mr. Turgiss. The normal schedule for most of the City’s
administrative functions is comprised of five 8-hour days that coincide with the hours that City Hall
is open for business. (8 to 5, Monday through Friday.) That is generally, at minimum, when
Nashua’s salaried employees work. The City would not allow employees to routinely work less. In
fact, had either investigation concluded that Mr. Turgiss’ work performance or attendance was
inadequate, he may have been subject to disciplinary action.