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E AGRERMENT

This Amendment to the Settlement Agreement, dated as of Mev 22 2N?f ithe.

“Agreement”) made by and between Greg B. Turgiss, with an address of

BE “Assessor") and the Commissioner of the Department of Revenue

Administration (“Department”), with her principal office at 109 Pleasant Street, P.O. Box 457,
Concord, NH 03302-0457, is made as of the date last set forth below (“Amendment”).

WHEREAS: The Assessor is certified by the Department as a Property Assessor
Supervisor pursuant to RSA 21-J:14-f; and

WHEREAS: Pursuant to RSA 21-J:14-g, “The commissioner may decertify, suspend, or
take other disciplinary action against any person for failure to comply with the rules of the
assessing standards board adopted pursuant to RSA 21-J:14-f, II;” and

WHEREAS: The Assessing Standards Board (“ASB”) has defined assessor misconduct
to include the “Violation of any applicable NH property assessing statutes, Asb 300 or Rev 600;”

and

WHEREAS: The Assessor had a duty to perform his assessing work for the City of Nashua
in a way that wag not a conflict of interest or did not crcate the appearance of a conflict of interest
but on or about October 8, 2018, he was derelict in that duty when he reviewed the previous
assessment work of his brother, another assessor for the City of Nashua; and

WHEREAS: on or about various dates during the month of April 2019, the Assessor was
derelict in his duty and violated ASB ethical standards by submitting false and misleading ficld
logs to his employer that concealed the fact that instead of conducting the activities described on
them, he was napping or resting in his car; and

WHEREAS: in order to avoid the deluy and expense of further disciplinary proceedings
while imposing discipline in compliance with N.H. Admin, R., Asb 308.05 and 308. 09, the

parties entered into the Setticment Agreernent;

WHEREAS; the Settlement Agreement provided that the Asscssor would be demoted
trom his level of certification by the Commissioner for a pcriod of one (1) year from the date
thercof; and

WHEREAS: duc to unforeseen circumstances the partics wish to amend the Settlement
Agreement to change the effective date to July 1, 2020, to the effect that the demotion of
certification begins on that date and runs for a period of one (1) year to July 1, 2021.

NOW, THEREFORE. in consideration of the foregoing recitals which are an integral purt

hereof, and the promises and mutual covenants contained herein and in the Settlement Agreement,
the reccipt and sufficiency of which are hereby acknowledged the parties hereby agrec as follows:

RECEIVED

JUN 24 2020

NH DEPi OF REVENUE ADMIN
MUNIPAL R PROPERTY DIV

1, Amendment to Settlement Agreement. The parties hereby agree to amend the

Settlement Agreement to provide that the effective date thereof shall be July 1, 2020. All of the
other terms and conditions of the Settlement Agreement shall remain un-modified as previously

written.

GREG B. TURGISS

Dated

STATE OF NEW HAMPSHIRE
DEPARTMENT OF REVENUE ADMINISTRATION

tol 25 | 2020 Apna, 1A. Bread
Dated® * Lindsey M. Stepp, Commissiona”

RECEIVED

JUN 24 2020

NH OE?) OF REVENUE ADMIN
MUMCIPA! & PRADERTY IV

This Agreement (“Agreement”) is made by and between Greg B. Turgiss, with an address
of ERAN (Asc) and the Commissioner of the
Department of Revenue Administration (“Me arment”), with her principal office at 109 Pleasant
Street, P.O, Box 457, Concord, NH 03302-0457,

WHEREAS: The Assessor is certified by the Department as a Property Assessor
Supervisor pursuant to RSA 21-J3:14-f: and

WHEREAS: Pursuant to RSA 21-J:i4-g, “The commissioner may decertify, suspend, or
take other disciplinary action against any person. for failure to comply with the rules of the
assessing standards board adopted pursuant to RSA 21-J:14-f, IT,” and

WHEREAS: The Assessing Standards Board (“ASB”) has defined assessor misconduct
to include the “Violation of any applicable NH property assessing statutes, Asb 300 or Rev 600;”

and

WHEREAS: The Assessor had a duty to perform his assessing work for the City of Nashua
in a way that was not a conflict of interest or did not create the appearance of a conflict of interest
but on or about October 8, 2018, he was derelict in that duty when he reviewed the previous
assessment work of his brother, another assessor for the City of Nashua; and

WHERRAS: on or about various dates during the month of April 2019, the Assessor was
derelict in his duty and violated ASB ethical standards by submitting false and misleading field
logs to his employer that conceuled the fact that instead of conducting the activities described on
them, he was napping or resting in his car; and

WHEREAS: The parties desire to avoid the delay and expense of further disciplinary
proccedings while imposing discipline in compliance with N.H. Admin. R., Asb 308.05 and 308.

09.

NOW, THEREFORE. in consideration of the foregoing recitals which are an integral part
hereof, and the promises and mutual covenants contained in this Agrecment, the receipt and
sufficiency of which arc hereby acknowledged the parties hereby agree as follows:

1. Settlement Agreement

A. The Assessor is demoted in his certification level to that of property assessor for a
period of one (1) year from the date hereof. At the end of the period, the Assessor
may have his certification status as property assessor supervisor restored by
requesting such in writing of the Director of the Municipal and Property Division,
certifying that he has complied with the terms hercof and establishing to the
Director's reasonable satisfaction his readiness to resume certification as property

assessor supervisor.

RECE VED
MAY 24 2020
VA UEP: OF REVERUE ADK

SMINITIDE! © NNOPEOTY NEF

B. Prior to seeking recertification as property assessor supervisor, the Assessor is
required to participate in the following continuing education classes and provide
the Director satisfactory evidence of successful completion of each course:

a. 15 Hour Uniform Standards of Professional Appraisal Practice.
b. NH State Statutes Part II.

c. New Hampshire Right to Know (subject to DRA prior approval}.
d. Ethics (subject to DRA prior approval).

C. Except as provided herein, this Agreement shall bar the commencement of further
disciplinary action by the Commissioner based upon the actions described above.
However, the Commissioncr may consider the above described actions as
evidence of a pattern of conduct in the event that the Assessor is subject to the
provisions of RSA 21-J:14-g in the future. In addition, the Director may audit the
work of the Assessor during the year of demotion to ensure compliance with this
Agreement.

2. Breach. The Assessor’s Breach of any of the terms or conditions of this Agreement,
shal] result in the imposition of the decertification provided above and shall entitle the Department
to commence disciplinary proceedings pursuant to RSA 21-J:14-g.

3. Waiver of Appeal. The Assessor agrees that this Agreement is not subject to
reconsideration or judicial review or appeal.

4. Mutual Releases.

A. The Commissioner, on behalf of herself and the State of New Hampshire, hereby
releases and discharges the Assessor, from all charges, complaints, liabilities.
obligations, penalties, promises, agreements, disputes, damages, actions, causes of
action, suits, rights, demands, costs, losses, debts, and expenses (including
attomeys’ fees and costs) and claims of any nature whatsoever that were or could
have been asserted pursuant to RSA 21-J:14-g.

B. Assessor, on behaif of himself and his successors and assigns, hereby rcleases and
discharges the Commissioner and the Department, the State of New Hampshire,
along with its employees and agents, from all charges, complaints, liabilities,
obligations, penalties, promises, agreements, disputes, damages, actions, causes of
action, suits, rights, demands, costs, losses, debts, and expenses (including
attorneys’ fees and costs) and claims of any nature whatsoever, that were or could
have been asserted in relation to this Agreement.

Bi Representations and Warranties. The Commissioner and Assessor hereby mutually

represent and warrant that the execution and delivery of this Agreement by each party has been
duly authorized and that this Agreement, when so executed and delivered, will constitute the
voluntary, informed und legally binding obligation of such party, enforceable against such party
in accordance with its terms.

6. Modification, Amendment and Termination. This Agreement may not be modified,
amended or terminated except with the express written consent of all partics.

7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and their successors or assigns.

8, Entire Agreement. This Agreement constitutes the complete understanding
between the Parties and supersedes any and all prior agrecments, promises, or inducements, no
matter what form, concerning its subject matter. No promises or agreements made subsequent to
the execution of this Agreement by the parties shall be binding unless reduced to writing and signed
by authorized representatives of all parties.

9. Goveming Law. This Agreement shall be governed by the laws of the State of New
Hampshire, regardless of the choicc of law rules of this State or any other State,

10. Execution in Counterparts. This Agreement may be exccuted in counterparts, each
of which shal] constitute one agreement, and such execution may be evidenced by signatures

delivered by facsimile or other electronic transmission.

IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the
date below.

GREG B. TURGISS

SS
v= :
=s ige Le Laz 2)
Dated ee ~
STATE OF NEW HAMPSHIRE

DEPARTMENT OF REVENUE ADMINISTRATION

s| 22] 2020 apg, St.
Dated Lindsey M. Stepp, Commissioner

4. Not resume work after the effective date of a notice of suspension until receipt of
a written notice from the City of Nashua to resume performance.

In the event of a termination, abandonment, or suspension at will, DesignLAB shall receive
all amounts due and not previously paid to DesignLAB for work satisfactorily completed
in accordance with the contract prior to the date of the notice and compensation for work
thereafter completed as specified in the notice. No amount shall be allowed or paid for
anticipated profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on
10 calendar day’s written notice to DesignLAB in the event of a failure by DesignLAB to
adhere to any or all the terms and conditions of the contract or for failure to satisfactorily,
in the sole opinion of the City of Nashua, to complete or make sufficient progress on the
work in a timely and professional manner. DesignLAB shall be given an opportunity for
consultation with the City of Nashua prior to the effective date of the termination.
DesignLAB may terminate the contract on 10 calendar days written notice if, through no
fault of DesignLAB, the City of Nashua fails to pay DesignLAB for 45 days after the date
of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, DesignLAB shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the City of Nashua with a list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or sub contracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City of Nashua any orders or sub contracts specified in the
notice, and revoke agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and
until receipt of a written notice from the City of Nashua to resume performance.

In the event of a termination for cause, DesignLAB shall receive all amounts due and not
previously paid to DesignLAB for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work.
Any such payment may be adjusted to the extent of any additional costs occasioned to the
City of Nashua by reasons of DesignLAB's failure. DesignLAB shall not be relieved of
liability to the City of Nashua for damages sustained from the failure, and the City of
Nashua may withhold any payment to the DesignLAB until such time as the exact amount
of damages due to the City of Nashua is determined. All claims for payment by the
DesignLAB must be submitted to the City of Nashua within 30 days of the effective date
of the notice of termination.

GC 5 of 13

State of New Hampshire
Department of Revenue Administration

109 Pleasant Street
77" * PO Box 487, Concord; NH 03302-0487
Telephone (603) 230-5000

Lindsey me Stepp wvew. revenue nh.goy MUNICIPAL AND PROPERTY
Commissioner DIVISION
forsee January 24, 2020 arias P Garry
Aselstant Commissioner Director
Samuel T, Greene
Personal & Confidential Asalstant Director
a
Re: of Misconduct Against DRA ified Assessing Personnel

Dear Mr. Duhamel

On February 19, 2019, we received a Charge of Misconduct Against DRA-Certified
Assessing Personnel ASB 307 (Form PA-71) against you. On August 19, 2019, we received
a second Form PA-71 against you. Since the time of receiving those charges we have
concluded a preliminary investigation of the allegations. We are now prepared to bring a
petition forward with the Department of Revenue Administration's Heating Officer to seek
the imposition of discipline by the Commissioner. Below is & summary of the charges of

misconduct which the Department is prepared to pursue.

Pursuant to RSA 21-J:14-f, you were certified by the Department as a Property
Assessor Supervisor on March 30, 2016, Pursuant to RSA 21-J:14-g, the Commissioner may
decertify, suspend or take other disciplinary action against you for failure to comply with the

ASB Rules.
Pursuant to Asb 301.36 “Misconduct” means:

(a) A dereliction of duty;

(6) A violation of appraisal practice ethical standards, such as,
but not limited to:

(1) New Hampshire assessing standards board (ASB);

(2) International Association of Assessing Officers
(IAAQ);

(3) New Hampshire Association of Assessing Officials
TDD Access: Relay NH 1-800-795-2004

individuas who need aiodilary aids for effective communication in programs and services of the
Department of Revenue Administration are invited to make their needs and preferences known to the Department.

Mr. R. Jonathan Duhamel

January 24, 2020
Page | 2
(NHAAO); or bon baie
(4) Uniform standards of professional appraisal practice
(USPAP);

(c) An affirmative act of misrepresentation or concealment of a
material fact;

(d) Violation of assigned duties by malfeasance, misfeasance or
nonfeasance; or

(e) An act or failure to act when there is a duty to do so in
reckless disregard of another’s rights, committed voluntarily and
intentionally,

Asb 307.02, provides in pertinent part,

Charges of misconduct shall include:

(e) Misconduct as defined in Asb 301.36 or violation of any
applicable NH property assessing statutes, Asb 300 or Rev 600;

4) Non-compliance with an individual's right to know pursuant
to RSA 91-A.

ASB Code of Ethics and Standards of Professional Conduct (March 9, 2018)

provides,

As a matter of fundamental principle, DRA Certified Personnel
should adhere to the highest ethical standards. Public trust in our
performance is the foundation of our credibility.

DRA Certified Personnel shall conduct themselves in a
professional manner that reflects favorably upon themselves, the
assessing profession, and the property tax system, and avoid any
action that could discredit themselves or these entities.

Canon 1: (Professional Duties Ethicat Rule)

ER 1-1 It is unethical for DRA Certified Personne! to conduct
their professional duties in a manner that could reasonably be

expected to create the appearance of impropriety.

Canon 3: (Conflict of Interest Ethical Rule)

Mr. R. Jonathan Duhamel

January 24, 2020

res | 3
DRA Certified Personnel shall not engage in any activities ir in
which they have, or may reasonably be considered by the public
as having, a conflict of interest.

i tt ee re on le eee

ER 3-1 it is unethical for DRA Certified Personnel to accept an
appraisal or assessment related assignment that can reasonably
be construed as being in conflict with their responsibility to their
jurisdiction, employer, or client, or in which they have an
unrevealed personal interest or bias. ER 3-2 It is unethical to
accept an assignment or responsibility in which there is a
personal interest without full disclosure of that interest and
showing mitigation of the conflict,

ER 3-3 It is unethical to accept an assignment or participate in
an activity where a conflict of interest exists and could be |

perceived as a bias, or impair objectivity.

1. Dereliction of Duty. During the fall of 2018 you served asthe chief assessor
for the City of Nashua. In that capacity you supervised the City assessing staff, including
DRA certified propesty assessor supervisor Greg Turgiss and his brother, DRA certified
property assessor Gary Turgiss. At the time, the City was working through a full statistical
revaluation of the property in Nashua under a contract with KRT. As past-of that revaluation
process, the City undertook an active role in performing the informal reviews of the
valuations of individual properties. In January 2014, Gary Turgiss assessed 41 Berkeley
Street. During the 2018 revaluation informal review process, the owner of that property, Ms.
Laurie Ortolano asked that the property be reviewed by KRT. Instead, you assigned Greg
Turgiss to review the assessment originally done by his brother Gary. Under Asb 304.04(f)
one of your duties was to “supervise informal reviews of property assessments with the
property owner.” In performing that duty, you assigned Greg Turgiss to review the work of
his brother Gary, and Greg visited the property on October 8, 2018. You were derelict in
your duty when you did that because your assignment created a conflict of interest or the
appearance of a conflict of interest. Your responsibility was to make work assignments in
conformity with standards of conduct and law applicable to the circumstances and the
persons involved. Assigning Greg Turgiss to review the work of Gary Turgiss resulted in a
situation where a taxpayer reasonably questioned and doubted the objectivity and fairness of
the City’s assessing process and the assessment of their property. You did not perform your
duty in accordance with Asb 304.04 and Rev 603.05, when you made a work assignment that
required Greg Turgiss to violate the Asb Code of Ethics. The sanction for these violations
under Asb 308.05 is decertification for up to 5 years.

2. Derelicti y — Violation of RSA 91-A. In’‘September and October
2018 you received a series of emailed requests for government records from a taxpayer. Jt
was your responsibility as the recipient of these requests to ensure that they were responded