Reference Library

Conflicts of Interest/"Ex-parte" Contacts

• Ex Parte Communications and Land Use Boards, October 2007, LGC Legal Q&A
• Disqualification and "Ex-parte" Contacts, Benjamin Frost, Esq., and Clayton Mitchell, Esq., Law Lecture #3: Getting the Facts Straight, NHMA Law Lecture Series , Fall 1999
• "Chapter 12. Public Official Ethics and Conflicts of Interest" from Knowing the Territory - A Survey of Municipal Law for NH Local Officials, NHMA Spring 1999
• "§ 27.09 Removal of Members" from Land Use, Planning and Zoning, NH Practice Vol. 15, Atty Peter J. Loughlin, Second Edition
• "Conflicts of Interest and Disqualification of Board Members" Part Nine from Harmonious Land Use Regulation: Are We all Singing in the Same Key?, NHMA Law Lecture #1, Fall 1997 by Attorneys Bates and Mitchell
• Local Officials Making Decisions: Understanding Conflicts of Interest and Disqualifying Bias
  New Hampshire Town and City, January 2011
• 2005 Municipal Law Lecture #2: "Ethics for Land Use Board Members"
  Land use board members must be aware of potential conflicts of interest during the application process. This lecture reviews case law and real life scenarios that will help municipal officials avoid the pitfalls of prejudgment, bias, ex parte contacts and other potential ethical difficulties in the regulation of land use.
  Cordell A. Johnston, Esq., Government Affairs Attorney, New Hampshire Local Government Center Jae Whitelaw, Esq., Mitchell & Bates, PA (available from the Local Government Center)
• No Strings Attached? , by C. Gregory Dale, AICP, Planning Commissioners Journal
  Has anyone ever offered you a gift or favor because you're a planning commissioner?
• Statutes
  • RSA 31:39-a Conflict of Interest Ordinances
  • RSA 500-A:12 Examination (The "juror standard")
  • RSA 673:13 Removal of Members
  • RSA 673:14 Disqualification of Member
• Local Ordinances
  • Belmont Code of Ethics 
  • Brookline Code of Ethics presented and approved at the 2005 town meeting
  • Danbury Planning Board Rules of Procedure
  • Dunbarton Ethics Committee
  • Lebanon Planning Board Rules of Procedure
  • Pittsfield Ethics Committee
  • Salem Planning Board Rules of Procedure
  • Sandown Ethics Policy - January 25th, 2008

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