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The duties of board members serving NH Charities

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The duties of board members serving NH Charities


New Hampshire is home to thousands of charitable organizations that provide essential services and resources to those in need such as food, shelter, healthcare, and education. Although many support charities by serving on their boards of directors, not all are aware of the legal duties that apply to their board service.  The Charitable Trusts Unit of the NH Office of the Attorney General’s Guidebook for New Hampshire Charitable Organizations (5th ed. 2022) (the “Guidebook”) explains these legal duties in detail and is essential reading for new and experienced board members.  This article summarizes the three primary legal duties of charitable board members as described in the Guidebook. 

Duty of Care: The duty of care requires board members to be active and well-informed in order to make decisions that are in the best interests of the organization. To satisfy this duty, among other things, board members must attend board and committee meetings; read board materials, agendas, minutes, and documents; engage in board discussions and votes; and make decisions based on their independent judgment.  In addition, board members must engage in the budget process to ensure that the organization is operating in a fiscally-responsible manner in compliance with state and federal law, and the charity’s internal policies and procedures.  Suffice it to say, appearing at board meetings without having read the agenda or understanding the issues to be addressed does not satisfy the duty of care.

Duty of Loyalty: The duty of loyalty requires board members to always act in the best financial interests of the charity and to avoid conflicts of interest that may result in personal financial gain unless pecuniary benefit rules are followed.  In other words, a board member should not enrich themselves at the expense of the charity they serve.  Each charity should have a conflict-of-interest policy and associated conflicts questionnaire that requires new and existing board members to disclose any existing or potential, direct or indirect, conflicts of interest and to actively monitor and disclose future conflicts.

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If the charity is contemplating entering into a transaction in which a board member has a financial interest (e.g., charity contracts with a company owned by the board member), the board member should recuse themselves from the board discussion and voting processes and the charity should disclose the transaction to the Charitable Trusts Unit and the public in accordance with RSA 7:19-a, New Hampshire’s pecuniary benefit transaction law.  The dollar amount of the transaction governs the charity’s reporting obligations and voting procedures.  Because the pecuniary benefit law will be triggered based on “direct and indirect” financial interests of board members, those serving on a board should carefully review their organization’s conflict of interest policy and timely disclose conflicts to avoid violating the duty of loyalty.  

Duty of Obedience: The duty of obedience requires board members to ensure that the charity fulfills its mission, complies with all applicable laws and reporting obligations, and honors donor restrictions on donated funds.  Board members should scrutinize uses of funds that do not support the mission or purpose of the organization as stated in its foundational documents (e.g., Articles of Agreement).  Board members should also educate themselves on the laws and reporting obligations applicable to their organization and monitor compliance (e.g., IRS Form 990 filing, NH nonprofit report filing).  Ultimately, if laws are violated or mandatory reports are not filed, the board—not the organization’s executive director—will be required to answer to legal authorities.  Ask questions, educate yourself, and speak up if you see something wrong. 

Service on a charitable board can be a rich and rewarding experience.  Before joining a board, honestly assess whether you have the time necessary to fulfill the important duties described above.  If not, do not join the board and support the organization in other ways like donations, volunteering, or service on a board committee.  If you join the board, comply with these legal duties as explained fully in the Guidebook, which can be accessed at https://www.doj.nh.gov/charitable-trusts/documents/guidebook-non-profit-organizations.pdf.  The Charitable Trusts Unit, the NH Center for Non-Profits, Guidestar, BoardSource, and other organizations have free online resources covering these and other charitable and non-profit governance topics for those looking to become better informed, more effective board members.

Jason Gregoire serves as Chair of the Healthcare Group at SheehanPhinney. He assists physicians, dentists, optometrists, and other health care practitioners in employment and professional practice transitions including negotiating employment contracts, shareholder buy-ins, and practice sales and acquisitions. He has represented physician practices in sales to hospital systems and dental practices in sales to Dental Service Organizations (DSOs).

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CAUGHT ON CAMERA: Driver seen driving across Windham, NH lawn late at night – Boston News, Weather, Sports | WHDH 7News

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CAUGHT ON CAMERA: Driver seen driving across Windham, NH lawn late at night – Boston News, Weather, Sports | WHDH 7News


WINDHAM, N.H. (WHDH) – Police are searching for a person seen on camera driving across a lawn in Windham, New Hampshire.

Windham police say on April 25, around midnight, a driver plowed across a lawn on Trails Edge Road in Windham.

Police say the vehicle is believed to be a late 1990s-early 2000s Chevrolet Silverado, but the color in unknown due to the video being black and white.

A next-door neighbor says their driveway was just redone one day before the incident.

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“The boys came in the other morning. I was surprised I didn’t hear anything,” she said. “That’s not that bad but kind of scary, though. I just hope it never happens again.”

The incident is still under investigation.

(Copyright (c) 2026 Sunbeam Television. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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Commission sets sights on UNESCO recognition for Mount Washington – NH Business Review

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Commission sets sights on UNESCO recognition for Mount Washington – NH Business Review


Ice coats instruments, buildings and rock fields atop Mount Washington. The peak’s extreme weather is one reason members of the Mount Washington Commission say they are seeking potential UNESCO World Heritage Site status for the peak. (Photo by Charlie Peachey, courtesy of the Mount Washington Observatory)

Australia’s Great Barrier Reef, Egypt’s Great Pyramids, Arizona’s Grand Canyon … and New Hampshire’s own Mount Washington?

At their April meeting, the group of institutions that steward the Northeast’s tallest mountain voted, 9-1, to take a preliminary step toward pursuing UNESCO World Heritage Site designation for the peak. The process may take years to decades, but if it is successful, Mount Washington could become the first site in New England to rank on the internationally recognized list.

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The possibility requires unique considerations, commission members said, including the need it would create to manage increased visitation that is already straining the summit’s alpine ecosystem and infrastructure.

Mount Washington Commission Chair Rob Kirsch believes the designation would be a boon for the mountain, bringing in not only more visitors but also more funding to invest in making the peak more resilient to traffic. Kirsch said he sees the application as a chance to showcase the wonder of Mount Washington at a grander scale.

“It will lead to an improved experience for people, generally,” Kirsch said. “It will give the state something to really be proud of.”

A property must meet at least one of 10 criteria to be considered for World Heritage Site status, according to the United Nations Educational, Scientific and Cultural Organization (UNESCO). Mount Washington could invoke several categories in its application, including one for sites that “contain superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance.”

There are many steps before Mount Washington could potentially be added to that list. The motion approved at the April 17 meeting of the Mount Washington Commission was the first: At that meeting, the commission approved pursuing “Tentative List” status for the mountain. One site is selected from that national list each year for submission to the United Nations World Heritage Committee.

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To move ahead, the application must receive support from the federal government. The commission has engaged with federal officials, and U.S. Sen. Jeanne Shaheen has been supportive of the project, commission members said.

“Mount Washington’s unique natural environment, scientific significance and rich history deserve global recognition,” Shaheen said in a statement to the Bulletin. “I am proud to support the Commission as they work to have our region’s most iconic peak designated a UNESCO World Heritage Site.”

From here, Kirsch said, the process may take decades. UNESCO designation typically boosts visitorship to a site, and proponents generally point to the associated regional economic boost as a benefit of the status. But the list has also been criticized as contributing to overtourism that can degrade sites or harm the communities around them. While it can boost public awareness of a place, there is no funding attached to the status itself.

The Mount Washington Commission is guided by a 2022 master plan for the mountain’s stewardship and conservation. In November 2025, the commission reviewed preliminary results from an assessment conducted as part of that plan, showing that crowds and climate change were large factors in the strain on the summit’s delicate natural environment and aging infrastructure.

With significant investment, the summit could readily accommodate significant crowds, said Kirsch, who is also an environmental lawyer, former weather observer at the Mount Washington Observatory, and a member of the observatory’s board of trustees. It’s not clear yet where the money for those investments will come from, but Kirsch said he hoped the UNESCO designation would help.

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“You can bring as many people as you want to Mount Washington as long as you make sufficient infrastructure investment to protect the environment,” he said.

The commission is still waiting for more results from the summit’s environmental assessment, but Kirsch said the boost to visitation would not affect the environment if the commission adheres to the guidelines laid out in the Master Plan. Rather, he said, the investments he hopes designation would help secure could help prevent any danger from overcrowding and ensure the mountain’s environment is protected.

He added that the benefit of a UNESCO designation would go beyond the businesses operating on the mountain — which include the Mount Washington Auto Road and the Mount Washington Cog Railway — to boost others throughout the North Country.


This story was originally produced by the New Hampshire Bulletin, an independent local newsroom that allows NH Business Review and other outlets to republish its reporting.

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Investigation into woman’s 2007 death resolved, NH officials say

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Investigation into woman’s 2007 death resolved, NH officials say


New Hampshire authorities said Thursday that they have resolved their investigation into the death of a woman nearly 20 years ago.

On Feb. 24, 2007, 25-year-old Carrie Hicks was found dead from two gunshot wounds to the head at the Acworth home of Wayne Ring, who was found alive in the same room with a single gunshot wound to the head.

Ring died at the age of 57 on May 26, 2012.

Investigators officially determined Ring fatally shot Hicks before attempting to take his own life.

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People who knew Hicks and Ring told authorities that they had formed a suicide “pact” and openly discussed suicide.

“Witness testimony revealed that Ms. Hicks had specifically instructed Mr. Ring to shoot her twice so she would not be left alive,” the office of Attorney General John Formella wrote in a press release.

A review of the autopsy report this year, along with a forensic reconstruction of bloodstain patterns, demonstrated that it was “medically and physically impossible” for Hicks to have fired the second shot she sustained, officials said. They added that, beyond a reasonable doubt, she could not have inflicted either injury on herself, and that Ring fatally shot Hicks before turning the gun on himself.

Formella said that if Ring were alive, there would be sufficient evidence to prosecute a first-degree murder case against him.

“We hope that the conclusion of this investigation brings a measure of clarity and peace to the loved ones of Carrie Hicks,” he said in a statement. “This resolution underscores the commitment of the New Hampshire Cold Case Unit. By thoroughly re-examining the forensic evidence, witness statements, and autopsy records, our investigators have finally established the truth behind this tragic loss of life.”

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