Aylward: Wow! What A Day In Concord, And Beyond...

When there is a catastrophe: Sending condolences and solace through silence

Offering “thoughts and prayers” doesn’t seem like enough when tragedy strikes, and their use is criticized as a substitute for taking action, but when there is nothing we can do in the aftermath, please take a moment to engage in silence, and in memory of those who lost their lives, and the loved ones left behind. Thank you.

Letter to the Editor/Andover-Beacon/May Issue Submission

According to the NH Fiscal Policy Institute:” The total amount of property tax charged to residents totaled about $2,800 for every person in the state.” With tax rates climbing at an alarming rate, individuals may not know where to turn if behind in their property taxes. If suffering from financial distress, according to the Department of Revenue Administration (DRA) website, taxpayers may be eligible to make installment payments under the Taxpayer Assistance program at Granite Tax Connect or contact the Taxpayer Services Division at (603) 230-5920.
Under RSA 198:57, and though having relatively limited financial benefit, taxpayers may qualify for “Moderate to Low-Income Homeowners Property Tax Relief”. To learn more about the program, read frequently asked questions on the Department’s website.

Recipients of SNAP, Medicaid, or other assistance (or if having an income that is at or below 135% of the 2024 Federal Poverty Guidelines) may qualify for a free phone and a generous amount of free minutes per month through a federally funded program called Lifeline Support at 1-800-234-9473. Internet access is not required to receive a phone and minutes, and applications can be received by mail.

Having compassion means passing this information along to those possibly in need, and lending assistance with filling out and returning applications, if necessary. Poverty-level guidelines are found at Council on Aging: https://www.medicaidplanningas...

In addition, all persons in NH are ‘mandated reporters’ regarding vulnerable adults. According to DHHS’s website the "Adult Protection Law" requires any person who has a reason to believe that a vulnerable adult has been subjected to abuse, neglect, exploitation or self-neglect to make a report immediately to the Bureau of Elderly & Adult Services (BEAS) at 603-271-7014.” Reports are confidential and can be anonymous and there will be no further responsibility to investigate the matter further.

View from Concord/Andover-Beacon/May Issue Submission
Compassionate care of vulnerable adults

What happens when you suspect or believe in good faith that an adult is having difficulty to the extent they are, for example, vulnerable to losing their home; not getting enough to eat; living in unsafe conditions; unable to manage finances; are refusing to seek out medical care, or appears to have cognitive impairment that is adversely affecting their quality of life?

It turns out that ‘self-neglect’ is the most commonly reported type of adult abuse, and believe it or not, every person in NH is required, or mandated by law to report their suspicions to the Bureau of Elderly and Adult Services (BEAS) under RSA 161-F:46.

Some people are so uncomfortable they find themselves reluctant to make a report, especially when involving a neighbor, friend, or relative, however, as a mandated reporter, there is a legal obligation to report suspicions. On one hand, we want to respect adults’ privacy and protect their dignity, on the other hand, when not taking action to report the matter, one can be charged and convicted of a misdemeanor under RSA 161-F:50.

Reports can be made online or by phone, they are confidential and can be anonymous, and there is no need to submit proof of claims made. Once reported in good faith, there is no responsibility to investigate further, and one becomes immune from liability. On the bright side, vulnerable adults could end up benefiting from a variety of services for which they did not know they qualified.

Contact BEAS from 8:00 to 4:30 PM Monday through Friday at (800) 949-0470 or (603) 271-7014. Website: https://www.dhhs.nh.gov/bureau... The most comprehensive source of information I’ve found on this topic is at: https://havennh.org/adult-prot...

A former mandated reporter of child abuse and neglect as a Court Appointed Special Advocate and investigating vulnerable adult cases when I was a private investigator, and just recently making a report, if you know of a vulnerable adult, but just can’t bring yourself to make the call to BEAS, please feel free to contact me to discuss the situation, and after discreet fact-checking, in good faith, I would be willing to make the report. 603-217-7842.

Behind on your property taxes?

If you, or someone you know is struggling to pay overdue taxes, the Department of Revenue Administration has an ‘Installment Payment Agreement’ program. For taxpayer assistance, call 603-230-5920 or visit: https://www.revenue.nh.gov/ass...

Medical Aid in Dying

HB 1283, the controversial, ‘medical aid in dying’ bill “. . .[r]elative to end-of-life options, establishes a procedure for an individual with a terminal illness to receive medical assistance in dying through the self-administration of medication.” In some circles, the treatment is also known as “legally assisted suicide”.

Otherwise known as MAID, the bill establishes criteria for the prescription of medication and establishes reporting requirements and penalties for misuse or noncompliance. Opponents expressed concerns that the bill would affect vulnerable individuals such as those with disabilities, however, this is purely speculative, as the bill does not address that segment of the population as being eligible for the treatment.

Listening to compelling testimony offered from the floor, including from former NH Supreme Court Judge, Representative Bob Lynn, a Republican co-sponsor; not receiving an indication of overwhelming ‘on the record’ support nor opposition to the bill as written from constituents, and believing ‘silence means consent’, I also relied upon a survey taken by UNH that showed 70% of Merrimack County participants were in favor of the bill, and voted ‘Yea’ in favor of Ought-to-Pass. Though asked to file a ‘Motion to Reconsider’, I stood firm and resisted political pressure to do so. A motion was subsequently filed by another member, and the matter will be taken up again on 3/28/24.

From WMUR: “ HB1283 would allow a terminally ill adult patient of sound mind with fewer than six months to live to be prescribed a lethal cocktail of drugs, which they would self-administer to commit suicide.”

"Two health care providers must evaluate the terminally ill person independently to confirm that they are eligible for medical aid in dying," said Rep. Marjorie Smith (D-Durham).
HB 1283: https://www.gencourt.state.nh....

Merrimack, District 5 Towns Selectmen

Re: New Officials Workshop

Dear Board Members:

In the Municipal and County Government Committee, of which I am a member, members heard testimony regarding local officials and board members who have engaged in conduct that negatively impacted citizens.

This has prompted interest in proposed legislation that would require officials and board members to obtain free training relative to the positions held.

Reaching out to the Office of Planning and Development (OPD) and NHMA, it was learned that various training (often free of charge) is offered by these organizations to assist public servants with navigating the ins and outs of their positions.

For example, according to the Town of Enfield, Planning Board Chairman, Representative David Fracht, he, and his board members voluntarily obtained free training, took tests, and received certificates of completion from OPD. This credentialing provides citizens with the assurance that their local land use board members strive to self-educate to better serve their constituents.

Below are upcoming, free workshops offered by NHMA. As a matter of legislative research and otherwise, it is hoped that those officials and board members who would benefit from the workshops would participate.

I’m requesting that this workshop information be timely provided to current and all newly installed officials and board members. Whereas participation is voluntary, I believe public officials and board members should strive to participate in these free training opportunities to become informed for citizens’ benefit.

Thank you for your kind consideration of this request.

Sincerely,

Representative Deborah Aylward

April 3 Workshop: https://www.nhmunicipal.org/ev...

May 7 Workshop: https://www.nhmunicipal.org/ev...

NHMA Workshops

Just by registering, one may obtain a recording of the NHMA workshop that can be reviewed at one’s convenience if participating in person or real-time online is not possible. So there is no excuse for not being the best of the best!

NH is a “Dillon’s Rule’ state, which allows for local control, but in essence, only to the extent the legislature allows municipalities to act under state law, so officials and board members can’t just ‘make it up as they go’, and public servants need to be educated as to the ethical and legal obligations of their positions. Asking a Representative (who serves as a Planning Board chairman of a larger municipality) if members abide by all applicable laws and rules, he stated “To the letter!”.

Training helps officials and board members avoid acting improperly, or worse, unlawfully, which could result in the Town being sued, or making decisions that are not based on fact and law, with applicants having to engage in unnecessary, and often expensive appeals processes.

Catching Government Doing It Right!

Closely following the Zoning Board of Adjustment's (ZBA) activities in Danbury, I would like to take this opportunity to publicly acknowledge board members on their handling of a matter of concern brought to the board’s attention that resulted in a member’s resignation.

From a public record request, it was discovered that a ZBA member left a voicemail message for the Planning Board’s (PB) chairman, who remarkably transcribed the message and distributed it to other members of the PB.

The message appeared to contain highly biased language adverse to an applicant who had appealed a PB decision to the ZBA that involved the PB’s misinterpretation of the zoning ordinance. The ZBA granted the applicant's appeal 4-1, with the [now former] member voting in the negative. The message was left for the PB chairman within the 30-day appeal period that followed the ZBA’s decision, and, during which, ZBA members must remain ’neutral’ or ‘impartial’.

Curiously, the PB chairman condoned the bias indicating it was a "very nice" message in his email to board members. This, instead of immediately bringing the questioned matter to the ZBA’s attention despite having an ethical and moral duty to do so, in my opinion.

The ZBA held a business meeting, and after being presented with the message content, and the fact the member had, just weeks before signed the board’s "Rules of Procedure" that prohibited conduct that was ‘disqualifying’, the member chose to resign versus recusing himself, stating that if recusing himself he would be ‘ineffective’.

If wanting to become involved in local government, I highly recommend running for a seat on the ZBA or applying to become an alternate. From observations, the ZBA chair is extremely dedicated, and knowledgeable, as are the other hard-working members, and one will learn proper board procedure, and the law as it applies to ZBA decision-making.

Just as importantly, there is the opportunity to emulate members’ high ethical standards which are expected of all public officials who have taken an Oath of Office, and who serve in a quasi-judicial and judicial capacity to make determinations about citizens' property or other rights.

Deborah Aylward resides in Danbury, NH, is a Right-to-Know advocate, and a state lawmaker.