SMITH: It’s Time to Stop Rewarding Bad Behavior

I know the Senate is in recess and it’s a holiday weekend, but I think I’m barking up the correct tree emailing Senator Gray, who chairs the committee most likely to receive my fantasy bill. He usually replies with a “thank you for your email” within a few hours, sometimes on weekends, and sometimes with even a few more words, though not necessarily the reply that I want.

One example was in November 2023, right after Paula Johnson was removed from the school board by a sham recount of all of Nashua that turned up 14 “emergency Democrat votes,” as the meme caption says. I asked Senator Gray for a bill that relocates all citywide recounts to the archives and thoughtfully cited my list of reasons. Unfortunately, he declined my request, but I give him credit for actually replying, replying on a weekend, and taking the time to explain the reasons for his answer. There’s now a new email in his inbox, and it’s about the paid administrative leave. I’ve decided to share it below with the readers, with the hope that more people will tell their own legislators or House Municipal members that they want such a bill.

Senator Gray:

I am emailing you, as I have in the past, because you’re the chair of Election Law and Municipal Affairs.  My bill idea has to do with municipal affairs, and I tried in the past to get Daryl Abbas, a former member, interested because he’s an intelligent lawyer who writes his own bills.  Unfortunately, he has been clearly uninterested in my emails, which have been ignored, and my efforts to discuss in person have been cleverly diverted by him or a 3rd party, changing the subject.  It just makes sense to start as high up the food chain, and there might be some Rochester examples you’ve observed over the years as an alderman and/or school board member that would support my request.

There is no shortage of embattled public servants, many with six-figure price tags, who get put on PAID administrative leave.  I capitalize that word because it’s the operative word, akin to what the IRS would think of the signature of the person who prepared one’s 1040.  Being PAID matters, especially when the people paying our public servants are ultimately taxpayers like you and me.  Whether it’s the Claremont superintendent, the Brentwood police chief, the town administrator, or any ordinary staff member of any department on public payroll, it’s time to end the institution of paid administrative leave because it amounts to a free vacation at the expense of one’s fellow members of their community. 

It’s time to stop rewarding bad behavior, regardless of whether many people perceive it that way.  One could study the works of BF Skinner and clearly see that there’s a contingency in the handling of disciplinary affairs of public servants that’s not serving the public.  I would surmise that most embattled public servants are guilty of the wrongdoing that they are suspected of, as many of them resign, get terminated, or choose not to seek reelection/reappointment.  But first, they utilize the opportunity to milk the public treasury for varying lengths of time as their days are numbered.  

Most private sector employees who do things they shouldn’t be doing get suspended without pay pending the outcome of an investigation (by HR or security) or get put on probation.  It’s time to align public sector employment with that of the private sector rather than carry on this two-tier system.  After all the Committee of Conference talk (behind closed doors and what was livestreamed), the Group 2 retirement issue exemplifies the disparity in today’s workforce between haves and have-nots regarding privileges.  Let’s stop allowing bad public servants to receive extra pay on their way out the door through paid administrative leave.

“But what if the accused is found to be innocent?” would be an expected question.  Such situations are uncommon, but not unheard of, and the language of the bill could be crafted such that back pay is paid in the event of an acquittal by the investigative body (internal affairs, school board, HR, etc.).  One recent NH Journal article about Claremont made a comment about the school board’s hands being tied because of the contract’s language.  A bill to abolish the paid administrative leave could also ban contracts with such provisions, or “loopholes,” if that’s a better word choice.

“Local control” is another talking point that people often oscillate over, myself included, and I’m sure you would agree.  Just look at the barrage of this year’s zoning-related bills, including SB 84, and the school mask bill that finally crossed the finish line on its 3rd try.  You voted the right way on both SB 84 and HB 361, so to any person, lobbying entity, or ultimately fellow senator, you have the mental tools to push back in an executive session and in the senate chamber.

Please consider sponsoring a bill to end the paid administrative leave for ALL public servants.

Julie Smith

Stay tuned for his reply, even if it’s just a “thank you for your email.”

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