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Board of Aldermen 05-11-2021 Page 24

R-21-142
Endorser: Mayor Jim Donchess
Alderman Linda Harriott-Gathright

RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2022 PROPOSED BUDGET FOR THE CITY OF

NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE and schedule a SPECIAL BOARD OF
ALDERMEN PUBLIC HEARING for Wednesday, June 17, 2020, at 7:00 p.m. to be held AT NASHUA HIGH
SCHOOL NORTH IN THE AUDITORIUM, by President Wilshire

R-21-143
Endorsers: Mayor Jim Donchess

Alderman Thomas Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
Alderman Jan Schmidt

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE MANNER OF

APPOINTMENTS TO THE NASHUA BOARD OF POLICE COMMISSIONERS

Given its first reading;

MOTION BY ALDERMAN LAWS THAT RESOLUTION R-21-143 IS NECESSARY AND IS ASSIGNED TO
THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE AND A SPECIAL BOARD OF ALDERMEN
PUBLIC HEARING IS SCHEDULED FOR MONDAY, JUNE 7™, 2021 AT 7:00 P.M. BY ROLL CALL.

ON THE QUESTION

President Wilshire

Is there discussion on that?

Alderman Jette

| have, | guess this would be a parliamentary inquiry to Attorney Bolton if | may.

President Wilshire

You sure can.

Alderman Jette

So this motion is to - is that this Resolution is necessary. So | am wondering is that just a procedural matter? A
question of whether it is necessary or not, isn’t that something that we are going to determine after the public
hearing and the Personnel & Administrative Affairs has a chance to weigh in on it and make a recommendation
and then we vote on it finally. That’s my first question. And secondly, this Resolution is not to change anything
about how the Police Commission is selected, it is to place before the voters the question whether or not the

voters would like a change to occur. So | think if Attorney Bolton could clarify that for us, | appreciate it. Thank
you.

President Wilshire

Attorney Bolton.

Board of Aldermen 05-11-2021 Page 25

Steve Bolton, Corporation Counsel

Yes, Alderman Jette, you are correct that the declaration of “necessary” is just because of the way the State
Statute on how municipalities amend a charter is written. So the relevant provision is RSA 49B:5 which begins
the municipal officers, which in our case in Nashua is the Board of Aldermen. So the municipal officers may
determine that one or more amendment to the Municipal Charter are necessary and shall by order provide for
notice of a public hearing thereon. And the statute goes on to go through all of the other necessary steps. The
last step is a vote by the voters. Preliminary to that working backwards is the determination by the Board of
Aldermen to place the question on the ballot and submit it to the voters. But before you ever get to that, you
have to have a public hearing, you have to determine whether or not you want to modify the proposed
amendment. If after the public hearing, you are satisfied with the wording, you make that known. If you are
unsatisfied with the wording and you make modifications to the proposed amendment, a further public hearing
must be held.

Once the wording is finalized by the Board, the proposed amendment is submitted to three State Officers; the
New Hampshire Attorney General, Secretary of State and Commissioner of the Department of Revenue
Administration for their determination as to whether the proposed amendment conflicts with any general laws
of the State of New Hampshire; that is the statute for the New Hampshire Constitution. Following basically the
green light from those three State Officials, assuming we get to that stage, then the Board could vote at that
point as to whether or not to place it on the ballot and submit it to the voters. You never get to any of those
steps unless there’s a preliminary finding that it is necessary. So it is necessary in the sense that if you are
even going to consider it further, you have to make the determination that it is necessary at least to study the
situation.

Alderman Jette

Thank you.

President Wilshire

You're all set Alderman Jette.

Alderman Jette

Yes, | appreciate the clarification from Attorney Bolton. So as | understand it, our voting in favor of this tonight,
all that means is that we are allowing it to proceed for all of those further steps that have been explained by
Attorney Bolton. This is just the beginning, it just allows us to even consider whether or not a Charter change
is warranted or not. By voting in favor of this, we are not voting to change anything; at least not at this point. If
| understood him correctly.

President Wilshire

| think you did.

Alderman Jette

Thank you.

President Wilshire

That’s what | understood too. Thank you. Alderman Lopez.

Alderman Lopez

Just for my part, | am voting in favor of the public having a chance to weigh in on this due to public hearing and

Board of Aldermen 05-11-2021 Page 26

then again if it proceeds to the referendum | think this is an issue that needs to have citywide accurate polling
in the form of voting.

President Wilshire
Alderman Lu?
Alderwoman Lu

Thank you Madam President. | have been following the Agenda along and | didn’t think we were voting on this
tonight.

President Wilshire

We are voting on sending it forward to the Personnel Administrative Affairs Committee and for them to
schedule a public hearing.

Alderwoman Lu

OK just if you could help me. This is kind of unusual right, for a new business to actually be voted upon to
send it to Committee?

President Wilshire

It is a Charter Change so | believe we have to have a public hearing and in order to do that we have to pass
this along.

Alderwoman Lu

Ok so we don’t just send it to a Committee, we have to vote to send it to the Committee.
President Wilshire

Because it is a Charter Change, yes.
Alderwoman Lu

OK.

President Wilshire

Anyone else?

Alderwoman Kelly

Alderwoman Kelly.

President Wilshire

Alderwoman Kelly.

Alderwoman Kelly

| also just wanted some clarification. This would be if it were to go through all those steps Attorney Bolton,
through Madam President, this would be binding ballot question, correct?

Board of Aldermen 05-11-2021 Page 27

Attorney Bolton

Yes, the voter’s decision is determinative. It is binding, it is yes or no by the voters.

Alderwoman Kelly

Thank you.

President Wilshire

Alderwoman Lu?

Alderwoman Lu

Thank you. Since we are going to vote today, | do have a question. Could one of the endorsers or the person
who brought this motion forward explain why there might be a need because if that’s what we are voting on
whether there’s a need....

President Wilshire

Well we vote on that only after the public hearing. | mean we are voting to send this to the Committee and for
them to hold a public hearing. We are not voting and saying “yes we agree with this process with the Charter
Change’.

Alderwoman Lu

So | apologize. | think this is the first time a Charter Change has come before me and it didn’t look any different
on the Agenda so | wasn’t aware that ... OK so we are going to vote whether we want to even pay attention to
this, correct?

President Wilshire

Yes.

Alderwoman Lu

Thank you.

President Wilshire

You’re welcome. Alderman Lopez?

Alderman Lopez
| mean | think the Legislation is here so personally | am voting in favor of having the public comment in order

to, if we need to have it go before the referendum and | would like to go on record as voting in favor of
following the law in order to change the Police Commissioners if we choose to do that since this is all due to
State’s Statutes governing this process.

President Wilshire

Anyone else? Alderman Lu.

Alderwoman Lu

Well it sounds like quite a protracted process. And | wonder since there has been some type of a polling done,

Board of Aldermen 05-11-2021 Page 28

could we know how the polling turned out. | understand it seems to be a poll sent out to perhaps Mayor
Donchess’ email list but that would help me if | knew. Apparently Mayor Donchess thought it was a good idea
to get that information. Could we have the results of the poll from your chosen list?

President Wilshire

Mayor, did you wish to speak on that?

Mayor Donchess

In thinking about this and talking with some of the Aldermen who contacted me about it, | thought it be worth
sounding out the people | am in contact with at least regarding what they thought. So about 1,900 and some
people got the email and opened it. About 600 people voted, the two questions, now we are in a history where
there had been 130 years of the Nashua Police Commission and there’s only been one woman appointed in
130 years. So | asked the question, should there be a mandatory number of women on the Commission. And
that sort of tracked the current requirement that there has to be a party balance; you can’t have more than two
members of the same party on the Commission now according to the Charter. And that came out fairly close,
it was in favor of mandatory female members but it was 51/49 or so.

The other question was asked, well who should make the appointment, should it continue to be the Governor
and a Council up in Concord or should it be local appointments, the Mayor and the Board of Aldermen. Now
that came out quite decidedly in favor of local appointments; more than 2 to 1. And | think the exact numbers
were at about 600 people voted so it was like 410 to 194 of the people who decided to express an opinion.

President Wilshire
Are you all set Alderman Lu?
Alderwoman Lu

Yes, but actually a follow up. Have there been a lot of females that have been overlooked, presented as a
candidate and overlooked?

Mayor Donchess

Well | don’t know, this is a very political and secretive process. So what happens is there’s something that
goes on between the councilor and the governor, usually as I’ve heard it over the decades, often it is a friend of
the governor's councilor who gets, not in every case, it depends on the relationship between the governor’s
councilor and the governor. But somehow, I’ve never heard of an application process or any kind of vetting
process or anything like that. And someone proposes a member and then the council votes on it. So | don’t
know if women have been considered. | don’t know who has been considered, | don’t know who has applied, |
have no idea of who has expressed an interest.

But | do know that there are many qualified women in Nashua who could be appointed and serve very
competently on the Nashua Police Commission. But because there seemed to be a divided opinion on that,
this does not mandate women. It just says that — it expands the number of appointments from 3 to 5 and says
that the membership should reflect the citizenship of the community. And it says that merit, qualifications and
a history of community service should be considered. | think that using that procedure we could arrive at a
group of appointees that would serve the community and the Police Department very well.

| would point out that there used to be many other cities, a number of other cities, Manchester, Laconia, Berlin
and other cities who had the governor appoint the Police Commissioners. All but Nashua have abandoned
that process. Portsmouth was the last one about 20, 25 years ago opted for a local procedure as have all the
other cities. So of the 200 and some communities in New Hampshire, we are the only one where — whoever
supervises the Police Department is not selected locally.

Board of Aldermen 05-11-2021 Page 29
Alderwoman Lu

Thank you.

President Wilshire

Anyone else.

Alderwoman Kelly

Alderwoman Kelly.

President Wilshire

Alderwoman Kelly and then Alderman Harriott-Gathright.

Alderwoman Kelly

Thank you. I'll Keep my remarks to the issue at hand which is whether we should take this up. And | think that
the conversation from the Mayor, the study that he put out, we won't call it a study; brief survey. And the idea
that a woman had never been appointed but also nobody of color that | am aware of has ever been appointed |
think is enough to merit at least a conversation on this. As the Mayor just pointed out, the new wording talks
about having it be reflective of our community. And one of the things | talk about all of the time about our
current Board of Aldermen is how proud | am on how we are a really good swath of our City; people of color,
people who are under the age of 40; we are almost exactly half men and women. And so | think that kind of
representation allows for different experiences and ideas to come forward. So at the very least | think we need
to consider this and move forward.

President Wilshire

Alderman Harriott-Gathright.

Alderman Harriott-Gathright

Thank you Madam President. First of all | am going to say ditto to my colleagues that spoke. But through you
to Mr. Mayor, did the survey only go out to women?

Mayor Donchess

No, no it went to everybody. But it asked the question, should there be a minimum number of women on
the....

Alderman Harriott-Gathright

Right, | understood that. That’s what | thought but | understood my colleague to say that the survey that you
sent out to women friends. | didn’t think it was appropriate.

Mayor Donchess
No, no both genders, people of all political parties.

Alderman Harriott-Gathright

OK | just thought | would ask. Thank you.

Board of Aldermen 05-11-2021 Page 30
President Wilshire

Alderman Lu?

Alderwoman Lu

Thank you, | may have been misheard. | think | said a curated list. But no, | didn’t mean to say that it was
females only.

President Wilshire

Anyone else, before we vote on that this necessary and we will schedule a public hearing for Monday, June 7",
at 7:00 p.m. Any further discussion on that. Seeing none, would the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderwoman Kelly,
Alderman Caron, Alderman Lopez, Alderman Tencza,
Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright 10
Nay: Alderman Dowd, Alderwoman Lu, Alderman Wilshire 3
MOTION CARRIED
President Wilshire
Alderman Caron?
Alderman Caron
Madam President, yes, | would ask that R-21-123 also be sent to the Police Commissioners please.
President Wilshire
| don’t know. Can you weigh in on that Attorney Bolton?
Attorney Bolton
It’s up to the Board, there’s nothing legal or illegal about doing it or not doing it.
President Wilshire
| am not inclined to do so. | think it’s self-serving if we send this to the Commissioners. Alderman Lu?
Alderwoman Lu
| was going to ask what you meant by that. | see, OK.

President Wilshire

Alderman Caron, | am not inclined to do so unless the Board feels otherwise.

Board of Aldermen 05-11-2021 Page 31
Alderman Caron

| just feel they should have a chance to look it over.

President Wilshire

They will have a chance to weigh in; | am sure they will be following this very closely.

Alderman Caron

OK that’s fine. Thank you.

President Wilshire

Alderman Dowd.

Alderman Dowd

| am sure they will weigh in; there’s no doubt about in my mind. However, if we want a formal response from
them we would have to refer it to them, but that’s up to you. The other thing | might point out is that the current

Board of Commissioners were all appointed by Maggie Hassan, reappointed by the current Governor.

Alderman Harriott-Gathright

What does that have to do with it?

Alderman Dowd

Well | mean if there was an issue with somebody being appointed. | will say | believe there should be a woman
on there. | also think that it’s probably not a problem expanding it to five. But as I'll discuss when we send it to
Committee | don’t believe it should be under local control because there’s a lot of reasons which | am sure we

will hear in the Committee.

President Wilshire

Alderman Lopez.

Alderman Lopez

As | under the Legislation it is basically just to open the discussion and to have public comment and the
ultimate act, if all things move in that direction, is to have a referendum. So | am never oppose to let the voters
have a chance to vote on things, and | think more than the Police Commission, more than the Aldermen, they
are probably the ones who should be weighing in on this. | don’t think it would be a bad idea for any
modifications or recommendations that they suggest or that the Alderman, in reviewing what is going to be on
the referendum, be considered as well. So there’s a lot of room for discussion here.

President Wilshire
Anyone else. OK would the Clerk please call the roll?

City Clerk Lovering

That motion passed 10 to 3.

Board of Aldermen 05-11-2021 Page 32
President Wilshire

Oh I’m sorry, you’re right.

City Clerk Lovering
The first reading, if | may of Resolution R-21-144.

R-21-144

Endorsers: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Tom Lopez
Alderman-at-Large Lori Wilshire

AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT “L” PINE STREET (MAP 77, LOT 5)

Given its first reading; assigned to the PCANNING AND ECONOMIC DEVELOPMENT COMMITTEE and
NASHUA CITY PLANNING BOARD, by President Wilshire

R-21-145
Endorser: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Lori Wilshire
AUTHORIZING THE INTERFUND TRANSFER OF $325,000 FROM THE BROAD STREET PARKWAY
CAPITAL PROJECT ACTIVITY TO THE NASHUA MILLYARD DOG PARK CAPITAL PROJECT ACTIVITY
FOR THE PURCHASE OF PROPERTY LOCATED AT “L” PINE STREET (MAP 77, LOT 5)

Given its first reading; assigned to the BUDGET REVIEW COMMITTEE, by President Wilshire
NEW BUSINESS — ORDINANCES

O-21-062
Endorser: Alderman June M. Caron
Alderman Richard A. Dowd
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.
ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 3 CROWN STREET
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE, by President Wilshire

O-21-063
Endorser: Alderman Jan Schmidt
ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF NEWTON DRIVE
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE, by President Wilshire
Alderman Schmidt
Madam President, if | may, did we actually vote on 21-143?

City Clerk Lovering

You voted 10 in favor and 3 against.

Finance Committee — 02/02/2022 Page 3

even have any idea? | can see how this would be beneficial to them.

Kim Kleiner, Administrative Services Director

Absolutely. | think it is beneficial. | think especially when you’re dealing with a large vendor like Anthem. It’s early in our
process. Generally we'll have the renewal conversations with Anthem in March. | am very hopeful that they will. It has a
lot of benefits on their side and it’s not uncommon in the industry for your vendors to help you with your benefits
administration packaging.

Alderman Klee

Just a quick follow up. Is this a permanent help or is it just a one-shot deal to get us onto the system?

Kim Kleiner, Administrative Services Director

Great question. With Hartford, it’s a one-shot deal for now. What we hope — now we're dealing with an incredibly short
window here. So our open enrollment is mid-April. That means that our information technology team which loves me
right about now for this has about eight weeks to get this implemented. Alight has assured us that that can happen and
we are due to start Friday if you see it fit to approve. It does have to go to the Board of Aldermen so we won't start any
initial real but we’ll start putting together plans of action and things of that sort — things that we can pull until the Mayor
signs the contract.

| think that we need to look not only to the benefit to the city but the benefit to the employees. It was incredibly difficult for
these employees to enroll in their benefits. We heard it loud and clear that they were confused, confusion creates errors,
they didn’t feel well informed, and that’s just not a good place to put our employees in. The benefits team is really excited
about this. | think it’s a huge step forward for the city.

Alderman Klee

Thank you.

Alderman Gouveia

Thank you Mr. Mayor. Just one quick question. So this would eliminate the paper enrollment for the most part, correct
and that would move that onto more of an online portal kind of system to enroll in the benefits?

Kim Kleiner, Administrative Services Director

Yes that’s correct. The only time that we would have to see if someone came to us and said they didn’t have access, we
could supply them access to a computer. We're trying to work through now with some of our departments like DPW.
Some of us going over and actually bringing laptops and doing sessions with the employees. Some that may have more
challenges than others with technology. So we'll certainly put every step forward to do that but if push comes to shove
and they haven’t been able to sign on, then we'll always hand them a paper enrollment and walk them through it.

Alderman Gouveia

Okay, thank you.

Mayor Donchess

Anybody else?
Alderman Klee
Thank you. Just a quick question Director Kleiner. Would the employees not have access to like an electronic EOBs and
that type of thing so they can see what got paid, what didn’t get paid, or what portion and so on that they would have to be

responsible for?

Kim Kleiner, Administrative Services Director

Another great question. So this software has the technology to do electronic statements, to hook onto Anthem which