Transcript Charter Options under New Hampshire Law Prepared by: Tom Mahon, Chair Merrimack Charter Commission July 26, 2005

Charter Options
under New Hampshire
Law
Prepared by: Tom Mahon, Chair
Merrimack Charter Commission
July 26, 2005
PLEASE NOTE:



The intent of this presentation is to give a
general overview of the forms of
government permitted under New
Hampshire law.
Language has been changed or omitted to
meet the needs for a brief presentation.
Please read the referenced laws in their
entirety in their original form.
Charter Process Controlled by:



RSA 49-B which establishes the adoption
and approval process
RSA 49-C which establishes the
parameters of the City forms of
government
RSA 49-D which establishes the
parameters of the Town forms of
government
Under New Hampshire Law




There is VERY Limited Home Rule in New
Hampshire law for municipalities
Municipalities are a creation of the
legislature
The legislature must grant powers to the
cities and towns
Every legal purpose that is used by a city
or town is granted by the legislature
Under New Hampshire Law


Cities and towns are restricted or can be
eliminated by legislative action at the state
level.
With these caveats in mind, let’s look at
what can be done at the municipal level to
establish a local form of government -
RSA 49-B
Home Rule – Municipal Charters

Purpose is to “implement the home rule
powers recognized by article 39, part first
of the state constitution”



Art. 39. Changes in Town and City Charters,
Referendum Required.
No law changing the charter or form of government of a
particular city or town shall be enacted by the legislature
except to become effective upon the approval of the voters
of such city or town upon a referendum to be provided for
in said law. The legislature may by general law authorize
cities and towns to adopt or amend their charters or forms
of government in any way which is not in conflict with
general law, provided that such charters or amendments
shall become effective only upon the approval of the voters
of each such city or town on a referendum.
November 16, 1966
RSA 49-B

Established three methods for adoption
1. By action of the municipal officers
2. By a petition of 20% of the number of
votes cast in the last municipal election
a. By action of a petitioners’ committee to
collect the required signatures
RSA 49-B



The law sets out a rigid process with
clearly defined deadlines.
Requires a vote to elect commission
members within 60 days after adoption
Requires notification of those elected
within 7 days of the election and set the
time and place of their first meeting
RSA 49-B



Requires a Public Meeting within 14 days
of its organizing meeting
Requires a preliminary report including the
text of a proposed charter within 180 days
after election
Must submit a final report to municipal
officials within 225 days after election
RSA 49-B

Upon filing the final report, the municipal
officers shall order, as determined by the
commission, the proposed new charter to
be submitted to the voters at the next
general municipal election
RSA 49-C
Local Option – City Charters


Purpose of this chapter to enable
municipalities to draft city charters without
the need for action of the general court
Only two options available under this
chapter:
 Mayor-Alderman
 Council-Manager
RSA 49-C

Mayor-Alderman


Mayor the chief administrative officer and the
head of the administrative branch
Mayor has the power to appoint and remove
all officers and employees of the
administrative services of the city
RSA 49-C




Elections by ward or at-large
Staggered or co-terminus terms
May require minimum residency to qualify
for office
Mayor to elected by the voters, at-large,
or by vote of the council
RSA 49-C



The alderman shall act in all matters as a
body
Shall not seek individually to influence the
official acts of the chief administrative
officer
Any member violating this part of the law
shall forfeit his office
RSA 49-C

Charter to provide for the appointment of
a city clerk, treasurer, one or more
assessors, fire and police chiefs, health
officer, city solicitor, welfare administrator
and such other officers as may be
necessary
RSA 49-C



Charter establishes departments, divisions
and bureaus
Chief administrative officer has 9 months
to prepare and present
Must include a merit plan for employees
RSA 49-C



Establish a Fiscal Year
Establish a budget process and financial
management system for the city including
budget submission dates, hearings,
transfers of funds and annual audits
Process for approving borrowing money
and special assessments for any public
improvement
RSA 49-C

Charters may include:



Referendum provisions
Initiative provisions
Conflict of interest provisions
RSA 49-D
Local Option – Town Charters

Provides an outline of the optional forms
of town government which may be
adopted
RSA 49-D

It is the intent of the general court to recognize that
while the pressures of growth, demand for services and
complexity of governmental issues may compel citizens
to consider alternative forms of governance of towns,
which forms have the same or similar structural
appearance and powers traditionally found in cities, that
the preservation of a community's unique sociological
and cultural heritage and history as a town be
encouraged by the provision of the optional forms of
town government described in this chapter. (August 23,
1991)
Town Council-Town Manager



Can abolish open town meeting and would
vest all legislative authority in a town council
Alternatively, vest authority to make
appropriations in a budgetary town meeting
May reserve authority by the voters, at a
referendum, over amendment to land use
ordinances and approval of bond issues
Town Council-Town Manager

A charter under this chapter has three
requirements:



Establish a legislative body using one of the
alternatives contained in the law;
Provide for direct election by the voters or the
selection by the elected body of a chair
Provide for the appointment of the town council of a
chief administrative officer to be called a town
manager or similar title with the same duties and
responsibilities contained in RSA 37.
OPTIONAL FORMS OF LEGISLATIVE
BODY



Town council which serves as the
legislative and governing body of the
town, except for matters which by statute
or charter must be placed upon the official
ballot
May be up to 15 members
Elected for co-terminous or staggered
terms
Town Council


The charter shall specify at-large or district
representation or a combination thereof
Other matters of local concern may be
included on the charter such as:
Conflict of interest provisions
 Citizen powers of initiative and referendum
 Periodic review of the administrative code
 A purchasing system
 A town investment policy

Town Council


Same non-interference provision as the
city forms of government
Must provide transition provisions to the
new form
Budgetary Town Meeting


A variation vested with limited authority to
vote on the annual town operating budget
as presented by the governing body
The right of petitioned articles shall only
apply to the appropriation of funds.
OFFICIAL BALLOT TOWN COUNCIL


Provides for voting on some or all matters
that general law requires to be addressed
at the annual or a special meeting of a
town, by official ballot.
Authority of a council to only vote on all
matters not voted on by official ballot
OFFICIAL BALLOT TOWN COUNCIL

Specify, with precision,





Budgetary items to be included on the official ballot
A finalization process for the annual budget
The process for public hearings, debate, discussion
and amendment of questions on the ballot
Transfers of money
Applicability of the official ballot procedure to special
elections
OFFICIAL BALLOT TOWN COUNCIL

Nonbudgetary items may be placed on the
official ballot
REPRESENTATIVE TOWN MEETING


Legislative authority vested in a group of
individuals elected to represent districts
within the town.
Specify the manner of district
representation including nomination, filling
vacancies, attendance and quorum,
eligibility, etc.
REPRESENTATIVE TOWN MEETING


Specific procedures for preparation,
presentation, public hearing and adoption
of annual budgets
Board of Selectmen, town clerk, and
chairman of the town budget committee
(if adopted) are members-at-large
REPRESENTATIVE TOWN MEETING

Charter may provide for referenda on
certain issues to the registered voters of
the town-at-large at special town meetings
called for the sole purpose of deciding
those issues.