Current through Register No. 40, October 3, 2024
(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.
