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ORDINANCE Q-21-077

choose to receive one of these devices. Such devices shall remain the
property of the City of Nashua, and must be surrendered at the end ofithe
individual’s term of office, unless the individual elects to purchase the
device at its current value at the time, as determined by the Information
Technology Department Director Chief Information Officer.

2. Use of @ personally owned device. A member may choose to purchase a
device individually and use it for access. In such case the device must
conform to any constraints the Information Technology Department
Director Chief Information Officer may develop for such devices.

2. In Chapter 5 “Administration of Government”, Part 3 “Administrative Code”, Article VI
“Administrative Services Division’, Section 5-39 “Director”, subsections B and C:

“§ §-39. Director.

B. The Director of the Administrative Services Division shall have the responsibility
to administer the programs and functions of the Division. Specifically, the
Director shall assure that the functions delineated in § 5-40 are carried out
efficiently and completely so that the fiscal responsibilities and the statistical
responsibilities of the Division are met. The Director, in conjunction with the
Mayor and Director of Financial Services, shall be responsible for short- and
long-term budget planning, short- and long-term property tax rate planning, and
shall have an integral role in the development of the City's fiscal policy. The
Administrative Services Director’s duties shall include the maintenance ofithe
City’s self-insurance programs for unemployment, health/dental benefits and life
insurance programs. The Director shall also perform such other duties as assigned
by the Mayor.

C. The Director, in conjunction with the Mayor and Director of Financial Services,
shall be responsible for liaising with autonomous/semiautonomous departments in
the areas ofishort- and long-term budget planning. The Director shall serve-as-a
liaisen-with respeet-te-the-other have responsibility for the satisfactory
performance of the functions of the Administrative Services Division, i.e.,
purchasing, human resources, payroll. benefits. insurance and risk management,
assessing, geographic information systems, and information technology. The
Director shall be responsible for the maintenance and repair of all City buildings,
including the hiring of necessary personnel. This shall not include buildings under
the control of the Board of Education, the Board of Public Works, the Board of

ORDINANCE O-21-077

Police Commissioners, and the Board of Fire Commissioners. The Director shall
participate in making recommendations for and coordinating necessary capital
improvements to all City buildings with the Capital Improvements Committee and
the Board of Aldermen.”

3. In Chapter 5 “Administration of Government”, Part 3 “Administrative Code”, Article VI
“Administrative Services Division”, Section 5-40 “Departments”:

Ҥ 5-40. Departments.

The Administrative Services Division shall be comprised of the following departments:

B. Human Resources Department. The Mayor, in consultation with the Director of
Administrative Services, shall appoint a Human Resources Direeter Manager. The
Human Resources Diteeter Manager shall have the responsibility and duties
described in Chapter 50, Personnel. In-addition, the Human-ReseurcesDirecter's
duties-shallinelude-the maintenance of the City's-selfinsutance programs for
unemployment health/dentel benefits-and life insuranee-programs. The
departmentthead Human Resources Manager shall perform such other related
duties as requested by the Mayor or the Director of Administrative Services.

C. Benefits Department. The Mayor, in consultation with the Director of
Administrative Services, shall appoint a Benefits Manager. The Benefits Manager
shall administer the benefit programs for the City of Nashua and Nashua School

District. The department head shall perform such other related duties as requested

by the Mayor or the Director of Administrative Services.

D. Payroll Department. The Mayor, in consultation with the Director of
Administrative Services, shall appoint a Payroll Manager. The Payroll Manager

shall have the responsibility for all aspects of payroll management, including
compliance with local, state and federal regulations. The department head shall
perform such other related duties as requested by the Mayor or the Director of

Administrative Services.

G-E. Insurance and Risk Management Department. The Mayor, in consultation with the
Director of Administrative Services, shall appoint an Insurance and Risk Manager
who shall be responsible for the daily operations of the City's commercial and
self-insurance programs to include workers' compensation, long-term disability,
and vehicle accident; management of the safety and loss prevention programs;
and property and personal liability insurance programs. The department head shall
perferm such other related duties as requested by the Mayor or the Director of
Administrative Services.

ORDINANCE O-21-077

4.

5.

EG,

1. Custodial services. The Insurance and Risk Manager shall also be
responsible for the custodial staff, whose duties include the repair, heating,
maintenance and upkeep of the City Hall, its grounds, and the comfort
stations located thereon.

Assessing Department. The Mayor, in consultation with the Director of
Administrative Services, shall appoint a Chief Assessor. The Direeter-of
Administrative-Serviees Chief Assessor shall be responsible for the assessing
duties as delegated by the Board of Assessors (see City Charter, Section 42 and
Sections 69 through 71), which duties shall be performed by the First Assistant
Assessor who shall perform such other related duties as requested by the Mayor
or the Director of Administrative Services.

Geographic Information Systems. The Director of Administrative Services shall
be responsible for the City's geographic information systems.

Information Technology Department. The Mayor, in consultation with the
Director of Administrative Services, shall appoint an Information Technology
Director Chief Information Officer, who shall assist the Director of
Administrative Services kaye with the overall responsibility for the satisfactory
performance of providing information technology to the City and other functions
and duties assigned to this department. The information technology department
shall assess the City's data processing needs and shall develop and implement the
data processing capabilities required.”

In Chapter 5 “Administration of Government”, Part 4 “Officers and Employees”, Article
XIII “Generally”, Section 5-59 “Joint Employee/Administration Health Insurance Advisory
Committee”, subsection B:

Ҥ 5-59. Joint Employee/Administration Health Insurance Advisory Committee.

The Committee shall consist of 24 members as follows: Mayor or designee;
Director of Administrative Services or designee; the Insurance and Risk Manager
or designee; the City Solicitor/Corporation Counsel or designee; the Chief
Financial Officer or designee; the Human Resource Direeter Manager or
designee; the Superintendent of Schools or designee; and the presidents of each of
the City's collective bargaining units (17 units) or designees.”

In Chapter 12 “Boards, Committees and Commissions”, Article VI “Cable Television
Advisory Board”, Section 12-20 “Membership”, subsection G:

ORDINANCE O-21-077

Ҥ 12-20. Membership.

G. The Directer-ofthe Information Technology Department Chief Information
Officer or his or her designee.

6. In Chapter 50 “Personnel”, Article III “Employment of New Personnel”, Section 50-9
“Human Resources Department and Human Resources Manager”:

Ҥ 50-9. Human Resources Department-and-Human-Reseurees-Manager.
C. The Human-Resources Administrative Services Director, with the approval of the

Mayor-and-+the Directer ef Administrative Services, shall issue policies needed to
implement this chapter.”

7. In Chapter 50 “Personnel”, Article IV “Self-Insurance Funds”, Section 50-10 “Self-
insurance funds”, subsection C:

Ҥ 50-10. Self-insurance funds.

C. The employee benefits fund shall be managed by the human-resources-department
Administrative Services Director and the property and casualty fund shall be
managed by the risk management office. The financial affairs division shall
provide audit and financial services to both funds. Administration of the funds
shall be based upon actuarial determinations of the amounts needed for self-
insurance purposes to include a financial reserve for outstanding claims,
contingencies, unforeseen expenses and random claim fluctuation and shall also
include a sufficient appropriation to provide payments for self-funded or
commercially contracted programs, as the insurance needs of the City may be met
from time to time. Retained earnings, under generally accepted accounting
principles, will be reviewed annually by the Administrative Services Director.
Human Resource Manager, Risk Manager and Chief Financial Officer. The Risk
Manager shal] be authorized to settle claims for liability against the City, its
officers, employees or agents, either before litigation or while litigation is
pending, by payment of sums not exceeding $45,080 $25,000 per occurrence. The
authorization of the finance committee shall be required for settlement of any
such claim by payment of a sum in excess of $45,000 $25,000 per occurrence.”

This ordinance shall become effective upon passage.

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-077

PURPOSE: Updating the Administrative Services Division and Personnel
Ordinances

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Personnel/Administrative Affairs Committee

FISCAL NOTE: None.

ANALYSIS

This legislation updates the Administrative Services Division and Personnel ordinances.

Approved as to form: Office of Corporation Counsel

Date: (") Monon, Pony

O-21-078

ORDINANCE

AUTHORIZING A STOP SIGN ON DENISE STREET AT ITS
INTERSECTION WITH MARIE AVENUE

CITY OF NASHUA

In the Year Two Thousand and Twenty One

The City of Nashua ordains that Part II “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Article III “Stop and Yield Intersections”, Section 320-4 “Stop intersections”,
subsection D of the Nashua Revised Ordinances, as amended, be hereby further amended by
adding the following new underlined language in the appropriate alphabetical order:

Ҥ 320-4. Stop intersections.

D. The following intersections are hereby designated as stop or through streets, and
authority is hereby granted for the erection of a stop sign at the corner so
designated in accordance with the tenor of this chapter:

Stop Sign on Sign Location At Intersection of

Denise Street Northwest corner Marie Avenue”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective at the time of removal and/or installation of the necessary
sign(s) and/or device(s).

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-078
PURPOSE: Authorizing a stop sign on Denise Street at its intersection with

Marie Avenue

ENDORSER(S): Alderman Jan Schmidt

COMMITTEE

ASSIGNMENT: Committee on Infrastructure

FISCAL NOTE: Materials, Labor and Vehicle Overhead: $166.00
ANALYSIS

This legislation authorizes a stop sign on Denise Street at its intersection with Marie Avenue.
The erection, removal and maintenance of all traffic control devices must conform to applicable
state statutes and the latest edition of the Manual on Uniform Traffic Control Devices. RSA

47:17 VIII (a). The Board should consult with the city’s Traffic Engineer to determine if this
ordinance is in compliance.

Approved as to form: Office of Corporation Counsel

By: ates Cla. He
Date: [ N yventoenr Gon

O-21-079

ORDINANCE

REVISIONS TO ORDINANCES REGARDING GRIEVANCE PROCEDURES
FOR PERSONS WITH DISABILITIES

CITY OF NASHUA

In the Year Two Thousand and Twenty One

The City of Nashua ordains that Part 1 “Administrative Legislation,” Chapter 50
“Personnel”, Article V “Grievance Procedures for Handicapped Persons” of the Nashua
Revised Ordinances, as amended, be hereby further amended by deleting the struck-through
language and adding the new underlined language as follows:

“Article V “Grievance Procedures for Handicapped Persons with Disabilities

§ 50-11. Basis of grievance procedure.

The City hereby adopts an internal grievance procedure providing for prompt and equitable
resolution of complaints alleging any action prohibited by the Office-of Revenue-Sharing's
ORS} regulations (2 1CER $1 5543} implementing Section 504 of the Rehabilitation-Act
of 1973, as- amended 290-LLS.C_§ 704), Section $04 states -in-part that ne othemwvise
qualified handicapped-individual.— shall saleby reasen-of his -haadisap,be-oneluded
from-the participation-in, be denied the benefits-of- or be-subjectedte-diserimination-under
any-program-or activity receiving federal-finaneial-assistance———“Department of Justice’s
(DOJ) regulations [28 CFR Part 35] implementing Title II of the Americans with Disabilities
Act (ADA). as amended [42 U.S.C. 12101 et seql. Title II states. in part, that "no qualified
individual with a disability shall, on the basis of disability, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination by any public entity.”

§ 50-12. Filing of complaints.

A. A complaint pursuant to this chapter shall be filed in writing, and contain the name,

and address, phone number, email, or other pertinent contact information of the
person filing it, and briefly-deseribe a description of the alleged violation of the
regulations described in section 50-11. Any individual having difficulty in making
filing a complaint in writing may contact the Seetien 594 ADA Coordinator for
assistance. An ADA Grievance Form will be made available, or a written document

that complies with this section may be submitted.

ORDINANCE O-21-079

B. Complaints shall be addressed to the Seetion-504 ADA Coordinator, Community
Serices Division, Cit-of Nashua, 18 Melberry Street, Nashua, NH 02060 telephene
£603} 880-3357 Risk Management Department, 229 Main Street. Nashua. NH 93060,
(603) 589-3350 whe-has-been-designatedte-coordinate Section 504 ADA -complanee
efferts.

C. A complaint shall be filed within 10-werking 180 calendar days after the complainant
becomes aware of the alleged violation. The Seetion 304 ADA Coordinator may
waive the ten-day 180 day requirement when in the exercise of his the ADA
Coordinator’s discretion he-concludes it is concluded that any delay was justified and
not in bad faith and that justice will be served thereby.

§ 50-13. Investigation of complaints.

An investigation, as may be appropriate, shall follow the filing of a complaint pursuant to this
chapter. The investigation will be conducted by the Seetion 5904 ADA Coordinator or his the
ADA Coordinator’s designated representative. These rules contemplate informal but
thorough investigations, affording all interested persons and their representatives, if any, an
opportunity to submit evidence relevant to a complaint. Under31-CFR 5155} QHhe-City
need net-precess-complaints front applcantsfer emple;ment-or frantapplicantsfor
admissiente-pestsecondaryeducationalinstitutions.

§ 50-14. Resolution of complaints.

A written determination as to the validity of the complaint under this chapter and a
description of the resolution, if any, shall be issued by the Seetion-504 ADA Coordinator and
a copy forwarded to the complainant no later than 3¢ 15 days after a written complaint which
meets the requirements of section 50-12, A, has been filed its-filing, The time period for a

determination may be extended if such time is reasonable, justified. and not in bad faith.

§ 50-15. Appeal procedure.

A complainant under this chapter can request a reconsideration of the case in instances where
ke-or-she the complainant is dissatisfied with the resolution. The request for reconsideration
shall be made within 40 15 calendar days to the Mayor of the City.

§ 50-16. Recordkeeping.

The Sectien-504 ADA Coordinator shall maintain the files and records of the City relating to
complaints filed under this chapter.

§ 50-17. Rights of individuals.

A. The right of a person to a prompt and equitable resolution of the complaint filed under
this chapter shall not be impaired by the person's pursuit of other remedies-sueh-as-the
filing-of a Section 504 complaintwiththe Office of Revenue-SharingUnited States

ORDINANCE O-21-079

B. Department-of the-Freasury. Utilization of this grievance procedure is not a
prerequisite to the pursuit of other remedies.

C. These This chapter rules shall be construed to protect the substantive rights of
interested persons, to meet appropriate due process standards and to assure that the
City complies with Seetion-504-andthe-ORS-regulations the ADA. This chapter is not

intended to be the exclusive grievance procedure for complaints regarding the ADA to
the City so long as any other ADA complaint procedures established within the City
require that the complaint be filed in writing, and contain the name, address. phone

number, email. or other pertinent contact information of the person filing. and a
description of the alleged violation of the regulations described in section 50-11.”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This legislation shall take effect following its passage.