N.H. Admin. Code § Eth 216.01 - Grounds for Discipline of Committee Members

(a) A committee member shall not:

(1) Fail to disclose a conflict of interest justifying good cause for recusal, as set forth in Eth 204.02(d) as soon as the member becomes aware or should have been aware of its existence;

(2) Engage in any of the activities prohibited by RSA 21-G:29, VI;

(3) Fail to attend more than 3 scheduled committee meetings within a calendar year without good cause which shall include:

a. Illness;

b. A scheduling conflict brought to the attention of the chair as soon as the member realizes that such scheduling conflict exists; and

c. Any other circumstance beyond the control of the member which prevents the member from attending a meeting; or

(4) Breach confidentiality provided for by RSA 21-G:30, RSA 21-G:31, and RSA 91-A.

(b) Allegations that a committee member failed to comply with (a) above shall be submitted in writing to the committee. The committee shall provide a copy of the written allegation to the respective committee member.

(c) The committee, without the member who is the subject of the allegation, shall investigate allegations submitted to it.

(d) If the committee's investigation pursuant to (c) above reveals that the allegation is founded, the committee shall take one of the following actions:

(1) Issue a private reprimand;

(2) Impose a corrective action plan;

(3) Issue a public reprimand; or

(4) Recommend to the governor and executive council that such member be removed from the committee pursuant to RSA 4:1.

(e) In determining the appropriate action to take pursuant to (d) above, the committee shall consider:

(1) The egregiousness of the conduct;

(2) Whether the committee member acknowledged his or her wrongdoing; and

(3) Any other factor that indicates the committee member disregards the need to maintain high ethical standards as a member of the committee.

(f) In evaluating the egregiousness of the conduct, the committee shall consider the following:

(1) Whether the conduct adversely impacted the fairness of any proceeding before the committee, or any action of the committee;

(2) The extent to which the conduct poses a serious adverse impact on public confidence in the committee; and

(3) The purpose of the rule or statute violated.

Notes

N.H. Admin. Code § Eth 216.01

Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-B, Effective 9/6/2018, Expires 9/6/2028.