Q: Could you clarify how NH RSA 95:1 applies to town employees, and if they are considered under “public office”?
Could you provide clarification on how NH RSA 95:1 applies to municipal employees who hold decision-making authority but may not be classified as elected officials? In a recent Select Board meeting, it was argued that this RSA only applies to “public officials,” and that employees like the Town Administrator, Finance Director, and DPW Foreman were excluded. However, my interpretation of the statute suggests that any town employee in a position of authority who participates in decisions impacting financial interests could fall under this statute’s provisions. Is there case law or precedent that supports RSA 95:1’s application to town employees who handle contracts or procurement processes? Understanding how “public office” is legally defined in this context would be immensely helpful. Thank you for your expertise!
A: Someone like a town administrator is a public official as their authority to exercise significant discretion comes from the people who hired him/her to act on their behalf: the elected body of the Board of Selectmen. As such, their significant authority is delegated from an elected body. That would make them a public official. There is a conflict of interest when a public officer votes on a matter in which he has a direct personal and pecuniary interest. See Rider v. Portsmouth, 67 N.H. 298, 299, 38 A. 385; Rollins v. Connor, 74 N.H. 456, 69 A. 777." Opinion of the Justices, 183 A.2d 909, 104 N.H. 261 (N.H. 1962).
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