I. Each council member, prior to taking his or her position on the council, shall submit to the chairperson a written statement of all businesses and other organizations of which he or she, or his or her immediate family member, is an officer, director, trustee, member, owner (including sole proprietor, partner, or shareholder), or employee. The member’s statement may be limited to businesses or organizations that enter into, or might reasonably enter into in the future, a relationship or a transaction with the council. Thereafter each council member shall submit an updated statement quarterly. The chairperson of the council shall become familiar with the statements of all council members in order to guide his or her conduct should a conflict arise.
II. If a matter comes before the council that gives rise to a conflict of interest, the affected council member shall make known the potential conflict, whether disclosed by his or her statement or not, and after answering any questions that might be asked of him or her, shall withdraw from the meeting for as long as the matter shall continue under discussion. In addition, any other council member who had a pecuniary benefit transaction with the business or organization under consideration within the same fiscal year shall not be present nor participate in the discussion. Should the matter be brought to a vote, neither the affected council member nor any other council member with a pecuniary benefit transaction with such organization in the same fiscal year shall vote on it. The council shall comply with all the requirements of New Hampshire law pertaining to conflicts of interest. A two-thirds vote of a quorum of disinterested council members shall be required and any financial benefit exceeding $5,000 in a fiscal year shall be recorded in the council meeting minutes.

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Terms Used In New Hampshire Revised Statutes 238-A:6

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Quorum: The number of legislators that must be present to do business.
  • Trustee: A person or institution holding and administering property in trust.