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CONCORD, NH- A recent performance audit of the New Hampshire Commission for Human Rights (NHCHR) has identified significant inefficiencies in case processing, administrative oversight, and financial management. The audit, conducted by the Legislative Budget Assistant, reviewed the Commission’s operations from fiscal years 2020 to 2023 and found that delays in case investigations, unclear regulations, and resource allocation challenges have affected the agency’s ability to meet its responsibilities. The findings raise important questions about government efficiency, regulatory clarity, and fiscal responsibility.
Persistent Case Backlogs and Slow Processing Times
One of the primary concerns raised in the audit is the backlog of unresolved cases, some dating back decades. The Commission reported 237 cases in backlog status as far back as 1984, a number that increased to 259 by mid-2023. Many cases remained unresolved for extended periods, and more than a quarter of cases closed in 2023 exceeded the three-year statute of limitations for judicial review. This resulted in some complainants losing the option to seek relief in court.
The audit found that processing delays were common at every stage. While the Commission is expected to resolve cases within two years, the average time to close a case in 2023 was 2.3 years (about 840 days), surpassing statutory guidelines. Assigning a new complaint to an investigator took an average of 1.5 years, meaning investigations did not begin for eighteen months after filing. Delays were further extended by unrestricted procedural extensions and amendments to complaints, which often required additional time for review.
Staffing shortages also contributed to these delays. At the time of the audit, only 9 of 21 authorized positions were filled, requiring investigators to take on additional administrative responsibilities. This limited their ability to focus on case investigations, contributing to slower resolution times. Additionally, the Commission fell short of meeting its obligations under a federal contract with the Equal Employment Opportunity Commission (EEOC), closing fewer cases than required in 2023.
Regulatory Ambiguity and Administrative Gaps
The audit found that the Commission lacked clear and updated administrative rules, contributing to inefficiencies and inconsistencies in case handling. Some key legal terms, such as “probable cause,” “sufficient evidence,” and “reasonable belief,” were not formally defined in current rules or policies. This lack of clarity may have contributed to inconsistencies in decision-making and prolonged investigations.
Another concern was the expiration of the Commission’s administrative rules in 2015, which were not re-promulgated for nearly a decade. Without current rules in place, procedural inconsistencies may have arisen, affecting the efficiency and transparency of investigations. The audit also noted that some complaints may have been dismissed before being formally docketed, raising concerns about how initial reviews were conducted.
The Commission has been slow to implement modern case management technology, further complicating efforts to track case progress. The agency relied on manual spreadsheets and a federal database (ARC) operated by the EEOC, which did not allow full access to key performance metrics. The audit suggested that a dedicated case management system could improve efficiency and reduce processing times.
Budgetary and Resource Allocation Challenges
The audit also examined the Commission’s financial operations, highlighting a significant funding gap between revenues and expenditures. From 2020 to 2023, the Commission’s total revenues, primarily from federal contracts, were $717,000, while expenditures totaled $3.1 million, leaving a $2.4 million shortfall covered by the state’s General Fund. In 2023, 88% of the Commission’s $882,000 budget was allocated to salaries and benefits.
Despite recent legislative approval for additional staff positions, hiring challenges remain, which may impact the agency’s ability to reduce the backlog. The audit also identified areas where administrative fees were charged without clear statutory authorization, recommending that all fees be formally adopted in administrative rules.
Potential Solutions and Considerations for Reform
The audit provides a framework for addressing these challenges. The Commission has agreed to implement all 25 recommendations, including adopting a modern case management system within six months, updating administrative rules, and improving investigator training. Additional measures could include:
Process improvements to establish clear timelines for case handling, reducing procedural delays.
Better oversight and accountability, including performance tracking and compliance with statutory reporting requirements.
Efficient resource management, ensuring that taxpayer funds are spent effectively while improving service delivery.
Addressing these issues will require sustained commitment from agency leadership and legislative oversight. The Commission’s role in enforcing anti-discrimination laws is important, and ensuring timely and effective case resolutions should be a priority. The audit highlights areas for improvement and provides a roadmap for reforms that can enhance efficiency, transparency, and fiscal responsibility in the Commission’s operations.
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