Search

Mr. R. Jonathan Duhamel
January 24, 2020
Page | 4

to in a complete and timely fashion pursuant to RSA 91-A:4. The table below describes four
different émailed requests for government records to which you did not respond in a timely
fashion as required by RSA 91-A::4.

| Date Subject Docs requested
1 | 9/27/18 “Process and | The taxpayer requested “comparable old homes that you
BFB” have adjusted to 1990 or above for EYB. Data produced
by the City and not KRT...” You did not respond.
2 | 10/42018 | “KRT The taxpayer requested “a list of properties that were

Appraisal” | changed and what their new values are” (from the KRT
North End review). You did not respond.

3 | 10/31/2018 | “Assessing | The taxpayer requested “copies of the 25 letters that you
Office” requested from the assessing office sent to residents for
assessment changes.” And also asked if there were
policies concerning the internal workings of the assessing
department. You did not respond.

4 | 11/16/2018 | “39 Stark The taxpayer requested a policy whereby a resident doing
Street —a a renovation on a home would know of a “discount”
good when the owner did not occupy the property.

training and | You responded the same day saying you would get back
policy case” | to her on Monday (which would have been 11/19). On -
11/26 you responded again and said that there were “no
documents”,

Under Asb 301.36 misconduct includes dereliction of duty, in addition to
nonfeasance, misfeasance and malfeasance, as well as failures to act when there is a duty to
act in reckless disregard of another’s rights committed voluntarily and intentionally. Under
Asb 307.02 misconduct includes non-compliance with RSA 91-A. When you did not respond
to the taxpayer's requests for government records you violated RSA 91-A which constitutes
sanctionable misconduct. The sanction for non-compliance with RSA 91-A under Asb

308.09 is up to 6-months suspension.

3. While we do not intend to bring a charge due to the limitations imposed by
Asb 307.01, we must address your role in attending to the proper execution of the 2018
revaluation by KRT. You held the position of chief assessor for the City and yet had
apparently no meaningful role in carrying out or overseeing the work. As an assessor
supervisor, however, you had a duty to ensure that the KRT contract was performed
according to its terms. Asb 304.04(c)(2). From the outset, it became clear that KRT was not
performing the measure and list of the sales properties as the contract unmistakably required.
This may in fact have been because of a misrepresentation made by you or a

Mr. R. Jonathan Duhamel
January 24, 2020
Page| 5

ee ee

misunderstanding perpetuated by you and never corrected. At a minimum, we have seen no
evidence in the ensuing months until your departure in March 2019 that you took any steps to
remedy the situation, As a result, the City and its taxpayers paid for a service that was not
performed and the resulting revaluation was not conducted according to the contract.

Recommended charges

As a result of your misconduct as summarized above, we are prepared to bring a
petition against you seeking to discipline you before a DRA hearing officer with the

following charges:

1. Asb 301.36, Asb 307.02, Asb 304.04(b)(7) for dereliction of duty by assigning one
brother to review the work of another relating to the informal review of a taxpayer’s

property.
2. Asb 301.36, Asb 307.02, Asb 308.09 for dereliction of duty by failing to respond to a

taxpayer’s right to know requests ## 1,2,3 & 4.

Before we initiate such a petition we would like to provide you an opportunity to
meet with us to discuss a resolution of the charges which will include some form of
discipline. Please let me know by January 31, 2019, if you would like to discuss this

possibility.
Sincerely,

reg

Aames P. Gerry — cy
Director

cr ore oe es ee Ot ee ete a tr

mrt ee ete oe

This Agreement (“Agreement”) is made by and between R. Jonathan Duhamel, with an
address of eee (“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.

WHEREAS: The Assessor is certified by the Department as a Property Assessor
Supervisor pursuant 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 2)-3:14-f, T];” and

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

WHEREAS: The ASB has also defined assessor misconduct to include “non-compliance
with an individual’s right to know pursuant to RSA 91-A,” N.H. Admin. R., Asb 307.02(i); and

WHEREAS: On or about October 3, 2018, October 9, 2018, November 5, 2018 and
November 26, 2018, the Assessor violated RSA 91-A;:4, IV, and N.H. Admin. R., Asb 307.02(i)
by failing to make timely responses to requests from a Nashua resident for governmental records;
and ‘

- WHEREAS: On or about October 8, 2018, the Assessor violated N.H. Admin. R., Asb
304.04(b) which constituted a dereliction of duty by assigning one brother to review the work of
another brother contrary to ASB Code of Ethics and Standards of Professional Conduct ER 1-1,
ER 3-1 and ER 3-3; and

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

09.

NOW. JTEREEORE, in consideration of the foregoing recitals which are an integral part

hereof, and the promises and mutual covenants contained in this Agreement, the receipt and
sufficiency of which are hereby acknowledged the parties hereby agree as follows:

1. Settlem gece

A. The Assessor is decertified for a period of thirty (30) days pursuant.to Asb 308.05
and 308.09. Such decertification is hereby suspended for a period of one (1) year
from the date hereof upon the condition that (i) there shall be no further instances
of sanctlonable misconduct pursuant to Asb 307.02 during that time; (ii) the
Assessor shail timely perform the requirements stated in paragraphs (B) through

(D) herein below; or (iii) the Commissioner does not discover any reason to
believe that the Assessor has committed fraud in securing the benefits of this
Agreement.

B. 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 course.
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. The Assessor agrees that he will fully cooperate without compulsion in any
investigation by the Commissioner of charges of misconduct by any individuals in
the Nashua assessing office or with regard to the performance of the 2018 Nashua
revaluation. The Assessor further agrees to provide truthful testimony upon
subpoena, which the Assessor wlll not challenge, in any proceeding brought by
the Commissioner relating to such misconduct, or any appeal thereof.

D. On or before the one-year anniversary of this Agreement, the Assessor shall
report to the Commissioner and certify in writing that he has fulfilled cach of the
conditions set forth above.

E. 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 Commissioner 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 juture.

2 Breach. The Assessor's Breach of any of the terms or conditions of this Agreement,
shall 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 uf Anpieal. 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, casts, losses, debts, and expenses (including
attorneys’ 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 behalf of himself and his successors and assigns, hereby releases and
discharges the Commissioner and the Department, the State of New Hampshire,
along with its employees and agests, 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 in relation to this Agreement.

5. Representelions atid Warrstities. The Commissioner and Assessor hereby utually

represent and warrant that the execution and delivery of this Agreement by cach party has been
duly authorized and that this Agreement, when so executed and delivered, will constitute the
voluntary, informed and 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 parties.

7, . Padding Fflect, This Agreement shall be binding upon and inure to the benefit of
the parties and their successors or assigns.

. 8 Bplite Agreement. This Agreement constitutes the complete understanding
between the Parties and supersedes any and all prior agreements, 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, Governing Law. This Agreement shall be governed by the laws of the State of New
Hampshire, regardless of the choice of law rules of this State or any other State.

10. Execution in Counterparts. This Agreement may be executed in counterparts, each
of which shall 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.

R. JONATHAN DUHAMEL

STATE OF NEW HAMPSHIRE
DEPARTMENT OF REVENUE ADMINISTRATION

6|1\ 22 aE ;
Date F Linatey WM; Stenp; Cémiitssioner. >

10.

If after termination for the failure of DesignLAB to adhere to any of 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, it is determined that DesignLAB had not so failed, the termination shall be deemed
to have been a termination at will. In that event, the City of Nashua shall, if necessary,
make an adjustment in the compensation paid to DesignLAB such that DesignLAB
receives total compensation in the same amount as it would have received in the event of
a termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City
of Nashua may take over the work and prosecute it to completion by agreement with
another party or otherwise. In the event DesignLAB shall cease conducting business, the
City of Nashua shall have the right to solicit applications for employment from any
employee of the DesignLAB assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder
to the extent that performance of such obligations is prevented or delayed by any cause,
existing or future, which is beyond the reasonable control of such party. Delays arising
from the actions or inactions of one or more of DesignLAB's principals, officers,
employees, agents, subcontractors, consultants, vendors, or suppliers are expressly
recognized to be within DesignLAB's control.

DISPUTE RESOLUTION The parties shall attempt to resolve any dispute related to this
contract as follows. Either party shall provide to the other party, in writing and with full
documentation to verify and substantiate its decision, its stated position concerning the
dispute. No dispute shall be considered submitted and no dispute shall be valid under this
provision unless and until the submitting party has delivered the written statement of its
position and fuil documentation to the other party. The parties shall then attempt to resolve
the dispute through good faith efforts and negotiation between the City of Nashua
Representative and a DesignLAB Representative. At all times, DesignLAB shall carry on
the work under this contract and maintain and complete work in accordance with the
requirements of the contract or determination or direction of the City of Nashua. If the
parties are unable to resolve their dispute as described above within 30 days, if requested
in writing by either the City of Nashua or the DesignLAB within 14 days after the 30 days
described above , the parties shall attempt to resolve the dispute by entering into structured
non-binding negotiations with the assistance of a mediator on a without prejudice basis.
The mediator shall be appointed by agreement of the parties, which agreement shall not be
unreasonably withheld. If the parties cannot agree to a mediator within 30 days or the
dispute cannot be settled within a period of thirty (30) days with the mediator, the parties’
reserve the right to pursue any available legal and/or equitable remedies for any breaches
of this contract except as that right may be limited by the terms of this contract.

NO DAMAGES FOR DELAY Apart from a written extension of time, no payment,
compensation, or adjustment of any kind shall be made to DesignLAB for damages because
of hindrances or delays in the progress of the work from any cause, and DesignLAB agrees
to accept in full satisfaction of such hindrances and delays any extension of time that the
City of Nashua may provide.

GC 6 of 13

EAGLE ROCK

eat! ADVISORS LLC
July 22, 2022
The Board of Aldermen

Nashua City Hall
229 Main Street
Nashua, NH 03060

Re: Excessive Speeding at the intersection of Flagstone Drive and Cypress Lane

To Whom It May Concern,

I] am writing to inform you that over the past several weeks, multiple drivers have been observed
speeding well above the posted speed limit at the intersection of Cypress Lane and Flagstone
Drive. This presents an imminent danger not only to our residents, but also our neighbors, other
drivers and citizens who utilize the City’s bus stop on this corner. As such we would like to

implore you to increase police patrols in this area as well as adding speed bumps to prevent risk
of any incidents in the future.

Thank You for your prompt attention to this matter.
ee

Janés Hausman, President

Cc: Mayor James Donchess, Chair of the Police Commission Matthew E. Plante

EAGLE ROCK ADVISORS LLC
125 PARK AVE 7"4 FLOOR
NEW YORK, NY 10017

Graham, Donna

a es
From: Laurie Ortolano Qe

Sent: Wednesday, July 27, 2022 10:32 AM

To: Graham, Donna

Ce: Board of Aldermen

Subject: Can you place this in public Board Packet for the next BOA meeting

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

How much are Nashuans willing to pay for Secrecy?

Citizen’s participation in their local government depends on the good will of those serving. Laws
exist that permit citizen access to meetings and records but without the good will of those serving
to provide access and records, it all falls apart.

Nashua’s officials lack the good will expected of public servants. The City is undergoing a major
expansion and redevelopment effort of our Downtown. Many of these high cost projects are not
open to public participation. Public records of meetings and minutes are not maintained and
provided to the public per the law. Tracking what is really going on is nearly impossible and
extraordinarily frustrating. One such project is the Nashua Performing Arts Center (NPAC}.

The secrecy surrounding this project is so high that the Corporate Attorneys Bolton and Leonard
and Economic Development Director Tim Cummings are not willing to state whether the NPAC
joint committee or the three corporations that comprise the joint committee are public entities.
More to come on this.

The secrecy surrounding this project is so high that the Board of Aldermen did not identify this
committee on the city website. The Board approved 2 of the Corporate entities that make up this
joint committee through Omnibus Resolution O-20-094. They appear to be public entities but the
City will not confirm this.

The secrecy surrounding this project is so high that minutes and agendas have not been posted on
the City website. Citizens had no way of knowing that this joint entity even existed.

The secrecy surrounding this project is so high that the project costs are being withheld from the
public. There is no publicly available history of the change orders approved for the construction of
this downtown facility. This $25 millions dollar project is heading for cost increases. But that too,
is shrouded in secrecy.

The secrecy surrounding this project is so high that the meeting minutes recorded by the Board do
not meet the requirements of the law. These legal requirements are minimal. It is inexcusable to

1

not record the motions of the Board and provide a brief explanation of the items discussed. A
review of the May 9, 2022 meeting minutes will show that the Board provided no update on the
financial and construction project. How could the board skip these major agenda items? The
meeting has no motion to adjourn. Did the meeting last 5 minutes or 2 hours?

| don’t want to pay any more of my money for secret projects that are supposed to be public. How
much more do you want to pay?

Laurie Ortolano
41 Berkeley St
Nashua, NH 03064