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GENERALCOURT
LEGISLATIVE ETHICS COMMITTEE
S t a t eH o u s e- R o o m l 1 2 C o n c o r dN H 0 3 3 0 1 - 4 9 5 1 .

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DouglasGarland Board of Selectmen RR 1, Box 49 Intervale,NH 03845 R e : C o mp l a i n t # 2 011- 1 Dear N{r. Garland: The Legislative Ethics Committee is in receipt of a sworn complaint and accompanying materiais, a copy of which is transmitted herewith to you. The in complaint has been docketedand will be considered due course in accordance governingstatutesand proceduralrules. SeeRSA 14-B:3and with the Committee's 4; Procedural Rule 4. Pleasebe advisedthat until the Committeecompletesits initial revrew and determinesto pursue a preliminary investigationof the complaint,the statute and proceduralrules governingthe Committeerequire that the filing of the complaint, its disposition and all associatedmaterials (including this letter) shall remain confidential. However,you are at liberty to waive such confidentialityat the initial review Rule 4, II, which reads: stagepursuant to CommitteeProcedural IL Except in complaints relating to sexual harassment, a legislator, againstwhom a complainthas legislativeofficer,or legislativeemployee and requestthe been filed may waive his or her right to confidentialit5' In committeeto conductits initial review of the complaint publicl5'. such proceedingsrelated to the committee'sinitial review of the case, all shail be open to the public and complaint, other than its deliberations, the committee shall make available for public inspection all records other than its work product and internal memoranda.The respondent must notify the committeewithin 7 days of the date on the notice sent by decisionto waive the committeewith the complaintof the respondent's

confidentiality. The committee shall promptly notify the complainant of any waiver of confidentiality and no proceeding may take place prior to 7 calendar da5'stgthe date of the notice sent by the committee. Accordingly, if you wish to rvaive confidentiality, you must notify the Committee in writing within 7 days of the date of this notice. In the absenceof such notification, all matters pertaining to this proceeding will remain confidential durins the initial review stage.

Further information about the Committee'sproceduresis available at the nh. fault.htm. st website, http ://sencourt. ate. us/ethics/de Committee's
If you have any questions regarding this matter, Committee's Executive Administrator, Richard Lambert. please contact our

\rery truly yours,

,P^(f"

N{artin L. Gross Chairman Enclosure

cc:Edward C. Furlong, III (w/out enclosure) Members of the Leeislative Ethics Committee

Section 673:13Removal Members. of

http://www.gencourt.state.nh.us/rsaihtml I 673I 673- I 3.htm I I-;r'JV

TITLE LXIV PLANNING AND ZONING

CHAPTER 673 LOCAL LAND USE BOARDS GeneralProvisions
Section673:13
673:13Removalof Members.I. After public hearing,appointedmembersand alternatemembersof an appointedlocal land use board may be removedby the appointingauthorityupon written findingsof inefficiency,neglectof duty, or malfeasancc office. in II. The boardof selectmen may, for any causeenumerated paragaph I, removean electeci in member or alternate memberafter a public hearing. III. The appointingauthority or the planningboard shallfile with the city or town clerk, the village district clerk, or the clerk for the county commissioners, whicheveris appropriate, written statement a of reasons removalunderthis section. for lV. The council,seleotmen, with countycommissioners the approvalof the countydelegation, or districtcommissioners for anv cause in mav enumeratcd this section removethe members bv selected them. S o u r c e 1 9 8 3 , 4 4 7 : 1 .9 8 9 , 2 6 6 : 1 1 ,f f . . l u l y1 , 1 9 8 9 . . 1 e

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Section 673:14Disqualification Member. of

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TITLE LXIV PLANI{ING AND ZONING

CHAPTER 673 LOCAL LAND IJSE BOARDS GeneralProvisions
Section673:.14
673214 Disqualificationof Member. planning I. No member a z-oning buildingcodc boardof appeals, board, of boardof adjustment, shall heritage commission commission, historicdistrictcommission, agiculturalcommission, housing or participate deciding shallsit uponthe hearing any question in of which thc boardis to decidein a or judicial capacityif that memberhasa direct pcrsonalor pecuniaryinterestin the outcomewhich differs from the interestof other citizens,or if that memberwould be disqualifred any causeto act as a fbr juror upon the trial of the samematter in any action at law. Reasons disqualification not include for do of exemptionfrom serviceas aiuror or knowledgeof the facts involved gaincdin the performance the member's official duties. I IL When uncerlaintyarisesas to thc applicationof paragraph to a board membcrin particular request that member anothcrmemberof the board,vote of or circumstances, boardshall,uponthe thc on the question whetherthat membershouldbe disqualilicd. Any suchrequest and vote shallbe of prior to or at the commencement any requiredpublic hearing.Sucha vote shallbe advisory made of exceptas provided by other than board members, and non-binding, and may not be requested persons rule adopted underRSA 676:1 . by localordinance by a procedural or IIL If a memberis disqualified unableto act in any particular casependingbeforethe board,the or place,as providedin RSA 673:11. to chairperson shalldesignate alternate act in the member's an S o u r c e1 9 8 3 , 4 4 7 : 1 . 8 8 , 2 6 : 1 . 1 9 9 2 , 6 4 : 9 . 1 9 9 6 , 4 2 : 1 1 . 2 0 0 7 ,e f6.6 :u g .2 8 , 2 0 0 7 . 2 0 0 8 , 3 9 1 : 6 , . 9 2 f A 6. e f f .S e p t 1 5 , 2 0 0 8 . .

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