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Charter Options under New Hampshire Law

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.

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Charter Options under New Hampshire Law

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  1. Charter Optionsunder New Hampshire Law Prepared by: Tom Mahon, Chair Merrimack Charter Commission July 26, 2005

  2. 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.

  3. 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

  4. 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

  5. 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 -

  6. RSA 49-BHome Rule – Municipal Charters • Purpose is to “implement the home rule powers recognized by article 39, part first of the state constitution”

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. RSA 49-C • Charters may include: • Referendum provisions • Initiative provisions • Conflict of interest provisions

  20. RSA 49-DLocal Option – Town Charters • Provides an outline of the optional forms of town government which may be adopted

  21. 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)

  22. 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

  23. 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.

  24. 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

  25. 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

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

  27. 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.

  28. 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

  29. 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

  30. OFFICIAL BALLOT TOWN COUNCIL • Nonbudgetary items may be placed on the official ballot

  31. 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.

  32. 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

  33. 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.

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