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
