N.H. Admin. Code § Eth 203.02

Current through Register No. 35, August 29, 2024
Section Eth 203.02 - Complaint Form
(a) The complainant shall supply the following information on the "Executive Branch Ethics Committee Complaint Form":
(1) The complainant's name, address, daytime phone or cell number, and email;
(2) The complainant's title, position, and agency, if applicable;
(3) The name of the executive branch official (s) against whom the complaint is being filed;
(4) The executive branch position that the respondent(s) held at the time of the alleged violation;
(5) The work address, email, and phone number of the respondent(s); and
(6) Whether the respondent is or is not a classified employee.
(b) The complainant shall identify the nature of the ethical violation by indicating which of the following statements applies:
(1) The executive branch official participated in a matter in which he or she, or a spouse or a dependent, had a personal interest that might have directly or indirectly influenced the performance of his or her duties, pursuant to RSA 21-G:22;
(2) The executive branch official disclosed or used confidential or privileged information acquired in the course of his or her official duties for personal benefit or gain, pursuant to RSA 21-G:23,I;
(3) The executive branch official used his or her position with the State to secure privileges or advantages for himself or herself that are not generally available for State employees, pursuant to RSA 21-G:23, II;
(4) The executive branch official, who is, or was, a candidate for a political office that is not subject to the reporting requirements of RSA 664, accepted a contribution from a person or entity that is, or is likely to become, subject to that executive branch official's duties, and the contribution was not disclosed to the secretary of state within five days, pursuant to RSA 21-G:24;
(5) The executive branch official violated the provision of RSA 21-G:25, which specifies and prohibits certain types of per seconflicts of interest, and which may be viewed at http://www.gencourt.state.nh.us/rsa/html/l/21-G/21-G-25.htm;
(6) The executive branch official directly hired, evaluated, supervised, set compensation for, or terminated any full-time or part-time employee or member of any state board or commission who is a spouse, a parent by birth or adoption, a child by birth or adoption, a step-child, a sibling or half-sibling by birth or adoption, or an in-law, pursuant to RSA 21-G:26-a;
(7) The executive branch official violated a supplemental ethics code adopted by an agency, pursuant to RSA 21-G:27;
(8) The executive branch official failed to make complete and timely financial disclosures as required by RSA 15-A, which may be viewed at http://www.gencourt.state.nh.us/rsa/html/l/15-B/15-B-mrg.htm;
(9) The executive branch official received a gift of more than insignificant economic value that is prohibited by RSA 15-B, or
(10) Other, with an explanation when the complainant believes the conduct violated RSA 21-G:21-27, RSA 15-A, RSA 15-B, or is otherwise within the jurisdiction of the committee.
(c) The complainant shall provide the following information:
(1) A concise narrative description of the conduct being complained of, including the date(s) or time frame when the conduct took place;
(2) Whether the complained of conduct has been or is the subject of any lawsuit, administrative adjudicatory proceeding, complaint to any regulatory body or criminal proceeding and, if so, a description of the type of proceeding; and
(3) The name and contact information of any witness(es) to the complained of conduct.
(d) The complainant shall place his or her notarized signature, printed full name, and the date of signing below the following preprinted statement: "By signing and filing this complaint, you are stating under penalty of law that the information you are providing is true and correct to the best of your knowledge."
(e) A complaint form that is not in compliance with any of the requirements above shall be considered deficient and will not be considered by the committee. Within 60 days of receipt of the complaint, the committee shall inform the complainant of the deficiency or deficiencies and how they can be corrected.

N.H. Admin. Code § Eth 203.02

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