Legal Q&A: Be Aware of Traps at Town Meeting

You've reviewed the calendar, looked at the warrant, and booked the room. Notices are ready to post, the budget is almost ready, and everyone is gearing up for what promises to be a great annual meeting. We hope that it is! However, even the most experienced local officials miss something now and then. Here are a few traps of which to beware, both golden oldies and new ones.

Post-Issuance Tax Compliance for NH Municipal Bond Bank Borrowers

Post-Issuance Tax Compliance has become a common topic at seminars recently because the Internal Revenue Service has increased their examinations pertaining to post-issuance tax compliance of municipal borrowers. Municipal borrowers, including towns, cities, counties, schools and village districts sign documents promising to abide by the rules of the Internal Revenue Code. This is relative to all municipal borrowers whether they issue bonds in the market on their own or through the New Hampshire Municipal Bond Bank (Bond Bank).

Municipal Bond Financing: Post-Issuance Tax Compliance Policies and Procedures

Municipal borrowers such as New Hampshire towns, cities, counties and village districts can borrow money at tax exempt rates which are lower than rates offered to most commercial borrowers since they are "favored borrowers" under the Internal Revenue Code of 1986, as amended (the "Code"). Such municipalities can borrow at these low rates for both capital purposes (bonds) and operating purposes (tax anticipation notes).

Bond Coverage for Public Employees: What Every Government Entity Needs to Know

On a fairly regular basis you can read a newspaper article or watch a television news report documenting an account of misappropriation of a private employer's money by one of his or her own employees. Sometimes these accounts involve small amounts of money. At other times, they involve significant amounts used by employees to take expensive trips or to purchase luxurious vacation homes, all on the employer's dime. This also happens in the public sector, but probably less frequently.

Lapse of Subdivision Performance Bond or Letter of Credit

By David R. Connell, legal services counsel with the New Hampshire Local Government Center's Legal Services and Government Affairs Department

Bid, Performance and Payment Bonds

By Daniel M. Deschenes

We have all heard the stories regarding construction projects that have run well over budget, did not finish on time and caused municipalities great grief, anxiety and expense. Now more than ever, municipalities are on tight budgets with their resources stretched thin. In this economic climate, how can a town know whether the contractor bidding on its construction project is competent and financially able to complete the work? How can a town protect itself if a contractor doesn't finish and simply walks away?

Performance Bonds and Letters of Credit for Regulatory Permits

By David R. Connell

Municipalities administer a variety of licensing and permitting programs that regulate private construction activity. An important tool is the authority to require applicants for permits to post performance bonds or other forms of security to assure installation of public infrastructure or improvements to privately-owned land. Three major regulatory roles rely on bonds and other forms of security:

New Hampshire Municipal Bond Bank Celebrates 30 Years

The New Hampshire Municipal Bond Bank has provided loans to Granite State local governments for three decades. Turning 30 is a good time to look back and reflect, so we turned to the archives to learn how the Bond Bank first got its start. Fortunately, minutes from the early years noted the frequent presence of one local government figure in particular: John B. Andrews. And, as it turns out, John was able to fill in many of the details and help us share our story.

Don’t Get Caught on a Technicality: Tips for Avoiding Town Meeting Problems

Voting at next month’s town meetings will result in the culmination of many months of preparation on the part of the board of selectmen, budget committee, moderator and other municipal officials to budget and set the agenda for the year ahead. That’s why it can be awfully frustrating when these best-laid plans get tripped up on a technicality. Hopefully this checklist will help avoid town meeting problems.