Charter Options under New Hampshire Law

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Charter Optionsunder New Hampshire Law

• Prepared by Tom Mahon, Chair
• Merrimack Charter Commission
• July 26, 2005

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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.

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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

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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

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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, lets look at what
  can be done at the municipal level to establish a
  local form of government -

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RSA 49-BHome Rule Municipal Charters

• Purpose is to implement the home rule powers
  recognized by article 39, part first of the state
  constitution

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• 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

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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

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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

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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

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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

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RSA 49-CLocal 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

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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

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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

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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

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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

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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

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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

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RSA 49-C

• Charters may include
• Referendum provisions
• Initiative provisions
• Conflict of interest provisions

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RSA 49-DLocal Option Town Charters

• Provides an outline of the optional forms of town
  government which may be adopted

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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)

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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

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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.

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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

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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

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Town Council

• Same non-interference provision as the city forms
  of government
• Must provide transition provisions to the new form

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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.

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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

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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

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OFFICIAL BALLOT TOWN COUNCIL

• Nonbudgetary items may be placed on the official
  ballot

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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.

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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

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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.