HB 380 – AS INTRODUCED
2007 SESSION
08/10
HOUSE BILL 380
AN ACT relative to the forms of government under town charters.
SPONSORS: Rep. M. Smith, Straf 7; Rep. Hopfgarten, Rock 5; Rep. Irwin, Hills 3; Rep. Patten, Carr 4; Sen. Burling, Dist 5
COMMITTEE: Municipal and County Government
This bill provides for 5 distinct forms of local government which may be adopted in a town charter.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0419
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the forms of government under town charters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Adoption of Town Charter. Amend RSA 49-D:2 to read as follows:
49-D:2 [Town Council - Town Manager] Adoption of Town Charter.
I. As distinguished from adopting a city form of government described in RSA 49-C, a town may adopt a charter pursuant to RSA 49-B [which abolishes the open town meeting and vests all legislative authority in a town council as the elected body or, in the alternative, vests authority to make appropriations in a budgetary town meeting. A charter establishing this form may reserve authority by the voters, at a referendum, over amendments to land use ordinances pursuant to RSA 675 and approval of bond issues consistent with RSA 33.
II. A charter establishing this form of government shall:
(a) Establish a legislative body as described in RSA 49-D:3.
(b) Provide for either the direct election by the voters or the selection by the elected body of a chair of the elected body and prescribe the term of office, powers and duties and other matters relative to the position.
(c) Provide for the appointment by the town council of a chief administrative officer to be called a town manager or similar title. This position shall head the administrative services of the town and shall be selected on the same basis, possess the same qualifications, be vested with the same authority, be charged with the responsibility and enjoy similar job security as town managers under RSA 37] that provides for one of the forms of government described in RSA 49-D:3.
II. A town charter adopted under this chapter may provide for the appointment by the governing body of a town manager subject to RSA 37, and adoption of a charter containing such a provision shall have the same effect as adopting the provisions of RSA 37 as provided therein. Alternatively, a charter may provide for the appointment of a town administrator or other chief administrative officer, whose authority and responsibilities shall be stated in the charter. The absence of such a provision in the charter shall not prevent the governing body from appointing, in its discretion, a town administrator or such other officers as the governing body is otherwise authorized by law to appoint.
2 Optional Forms of Legislative Body. Amend RSA 49-D:3 to read as follows:
49-D:3 Optional Forms of Legislative Body. Town charters adopted under RSA 49-B and patterned as prescribed by this chapter may [adopt a charter providing] provide for one of the following [types of legislative bodies] forms of government:
I. Town council. Under the town council form of government, the town council shall be an elected body which serves as the legislative and governing body of the town. Any charter providing for a town council shall be guided by the following:
(a) Notwithstanding any other provision of law, if a town should adopt a charter which provides for a town council form of government and no other form of legislative body, all powers and duties of selectmen, city councils and boards of aldermen, conferred by statute or the constitution, shall be conferred on the town council. The town council shall be empowered also to address all matters that general law requires to be addressed at the annual or a special meeting of a town, except those matters which by statute or charter must be placed upon the official ballot of the town. All procedural requirements prescribed by law relative to the actions of a city shall also apply to the actions of a town council.
(b) The charter shall provide for up to 15 members of the town council with an odd number chosen unless the vote of the chair is reserved for the purpose of breaking ties.
(c) Councilors may be elected for coterminous terms or terms may be staggered to assure continuity of experience and familiarity with issues, laws and procedures.
(d) Using the guidelines established in RSA 49-C, the charter shall specify at-large or district representation or a combination thereof; the manner of filling vacancies; powers of nomination, appointment, and confirmation; requirements for attendance and quorum; any domicile or eligibility requirements of up to one year in the town or district and continued domicile during a term; specific procedures for the preparation, presentation, public hearing, and adoption of annual budgets and designation of a fiscal year; procedures for issuing bonds and notes pursuant to RSA 33:8-e; an annual municipal election date pursuant to RSA 669:1; bonding of certain town officials and employees where not required by general law; and requirements for periodic independent audits of all town financial matters by a certified public accountant.
[(e) Other matters of local concern may be included in a charter including, but not limited to, conflict of interest provisions which shall be at least as strict as those established in the general laws, citizen powers of initiative, referendum and recall as described in RSA 49-C, and adoption and periodic review of an administrative code, a merit personnel system, a purchasing system, and a town investment policy.]
(e) A town adopting the town council form of government shall not be subject to the provisions of RSA 32:14 through RSA 32:23 regarding budget committees. If a town has previously adopted the provisions for a budget committee, it shall be deemed to have rescinded such adoption upon the approval of a charter providing for a town council form of government.
I-a.] II. Official ballot-town council. The official-ballot town council form of government shall be a variation of the town council form which provides for voting by official ballot, by the registered voters of the town, 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] including but not limited to the adoption and amendment of land use ordinances pursuant to RSA 675 and approval of bonds and notes pursuant to RSA 33. In such event, the town council shall be vested only with the limited authority to vote on all matters not voted on by official ballot.
(a) When an official ballot-town council form of government is included in any charter, the provisions of RSA 49-D:3, I, relative to town councils, shall apply in all respects, except with respect to those matters to be voted on by official ballot.
(b) When a charter provides for an official ballot-town council form of government it shall also specify with precision the budgetary and other 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 to be placed on the official ballot, the procedures for the transfer of funds among various departments, funds, accounts, and agencies as may be necessary during the year, and the applicability of the official ballot procedure to special elections. The majority vote required to approve bonds or notes shall be either 2/3 or 3/5 as adopted and provided for in the charter. If a charter does not specify which majority vote is required, [than] then the required majority vote shall be 2/3. All voting by official ballot shall be in accordance with the procedures established in RSA 669:19-29, RSA 670:5-7 and RSA 671:20-30, including all requirements pertaining to absentee voting, polling places, and polling hours. Nonbudgetary items may be placed on the official ballot pursuant to this section notwithstanding the provisions of RSA 40:4-e and RSA 39:3-d.
(c) If approval of the town’s annual budget is one of the items to be included on the official ballot, the charter shall provide a method for adoption of a budget in the event that the budget is defeated on the official ballot. Such methods may include, but are not limited to, the automatic adoption of a default budget as defined in the charter, resubmission of the same or a different budget to another official ballot vote, or the calling of a special town meeting to approve a budget. If approval of the annual budget is one of the items to be included on the official ballot, the town may adopt the provisions of RSA 32:14 through RSA 32:23 regarding budget committees; if it has previously adopted such provisions, the adoption of such provisions shall remain in effect until rescinded as provided therein.
[II.] III. [Budgetary] Town meeting–town council. The town meeting-town council form of government shall be a variation of the town council form which provides for an open town meeting [but] vested with the [limited] authority to vote on [the annual town operating budget as presented by the governing body] some or all matters that general law requires to be addressed at the annual or a special meeting of the town. A charter establishing this form of government may also reserve authority to the voters over the adoption and amendment of land use ordinances pursuant to RSA 675. When this form of government is included in any charter, the provisions of general law relative to town meeting, their warning, the right for petitioned articles at such meetings and conduct of such meetings shall apply to [a budgetary town] the meeting in all aspects [relative to the appropriation of funds, including the approval of bond issues. When a charter provides for a budgetary town meeting it shall also delineate procedures for the transfer of funds among various departments, funds, accounts and agencies as may be necessary during the year].
[II-a.] IV. Official ballot-town meeting. The official ballot-town meeting form of government shall be a variation of the open town meeting form in which the legislative body is the town meeting and which provides for voting on some or all warrant articles, including part or all of the annual town [operating] budget, by official ballot. [In such event,] The open town meeting shall be vested only with the limited authority to vote on all matters not voted on by official ballot. If a town adopts the official ballot-town meeting form of government, the town’s governing body shall be a board of selectmen subject to the general laws regarding selectmen.
(a) When an official ballot-town meeting form of government is included in any charter, the provisions of general law relative to town meetings, their warning, the right for petitioned articles at such meetings, and the conduct of such meetings shall apply to the official ballot and open town meeting in all respects. The majority vote required to approve bonds or notes shall be either 2/3 or 3/5 as adopted and provided for in the charter. If a charter is silent with regard to such required majority, then the majority vote shall be 2/3. When a charter provides for an official ballot town meeting it shall also specify with precision the budgetary and other 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 to be placed on the official ballot, the procedures for the transfer of funds among various departments, funds, accounts, and agencies as may be necessary during the year, and the applicability of the official ballot procedure to special meetings. All voting by official ballot shall be in accordance with the procedures established in RSA 669:19-29, RSA 670:5-7 and RSA 671:20-30, including all requirements pertaining to absentee voting, polling places, and polling hours. Nonbudgetary items may be placed on the official ballot pursuant to this section notwithstanding the provisions of RSA 40:4-e and RSA 39:3-d.
(b) If approval of the town’s annual budget is one of the items to be included on the official ballot, the charter shall provide a method for adoption of a budget in the event that the budget is defeated on the official ballot. Such methods may include, but are not limited to, the automatic adoption of a default budget as defined in the charter, resubmission of the same or a different budget to another official ballot vote, or the calling of a special town meeting to approve a budget.
[III.] V. Representative town meeting. The representative town meeting form of government shall be a variation of the open town meeting, but with legislative authority vested in a group of individuals elected to represent districts within the town. If a town adopts the representative town meeting form of government, the town’s governing body shall be a board of selectmen subject to the general laws regarding selectmen. Any charter providing for a representative town meeting shall be guided by the following:
(a) Notwithstanding any other provision of law, all powers of the town meeting conferred by statute or the constitution shall be conferred on the representative town meeting. The representative town meeting shall be empowered to address all matters that the general law requires to be addressed at the annual or a special town meeting, except those matters which by statute or charter must be placed on the official ballot of the town. All procedural requirements prescribed by law relative to the actions of a town meeting shall also apply to the actions of a representative town meeting.
(b) The charter shall specify the manner of district representation; the manner of filling vacancies; powers of nomination, appointment, and confirmation; requirements for attendance and quorum; any domicile or eligibility requirements of up to one year in the town or district and continued domicile during term; specific procedures for the preparation, presentation, public hearing, and adoption of annual budgets and designation of a fiscal year; an annual municipal election date pursuant to RSA 669:1; bonding of certain town officials and employees where not required by general law; and requirements for periodic independent audits of all town financial matters by a certified public accountant.
(c) In addition to the elected members, the [board of] selectmen, town clerk, and chairman of the town budget committee, if any, shall be members-at-large. The members-at-large shall have the same rights, privileges, and duties with respect to representative town meeting as the elected members.
(d) The 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.
3 New Section; Additional Charter Provisions. Amend RSA 49 by inserting after section 3 the following new section:
49-D:3-a Additional Charter Provisions. Other matters of local concern may be included in a charter, including, but not limited to, conflict of interest provisions which shall be at least as strict as those established in the general laws, citizen powers of initiative and recall as described in RSA 49-C, and adoption and periodic review of an administrative code, a merit personnel system, a purchasing system, and a town investment policy.
4 Non-Interference by the Elected Body. Amend RSA 49-D:4 to read as follows:
49-D:4 Non-Interference by the Elected Body. The elected body shall act in all matters as a body, and shall not seek individually to influence the official acts of the chief administrative officer, if any, or any other official, or to direct or request, except in writing, the appointment of any person to, or his removal from, office; or to interfere in any way with the performance by such officers of their duties. Any member violating the provisions of this section, as determined through procedures established in the charter, shall forfeit his office.
5 Adoption of Charters. Amend RSA 32:14, I(a) to read as follows:
(a) By any town with a town meeting form of government, including those with a budgetary town meeting, official ballot-town meeting, or representative town meeting pursuant to RSA 49-D:3, [II] III, IV and [III] V and those with an official ballot-town council form of government pursuant to RSA 49-D, II if the town’s annual budget is one of the items included on the official ballot;
6 Method of Enactment. Amend RSA 675:2, I to read as follows:
I. In cities or in towns operating under the town council or official ballot-town council form of government, and in counties in which there are located unincorporated towns or unorganized places, the local legislative body shall determine the manner in which a zoning ordinance, historic district ordinance, or a building code is established and amended unless, in the case of a town operating under the official ballot-town council form of government, the town’s charter reserves authority for such matters to the voters; provided, however, that any question concerning the establishment and amendment of a zoning ordinance, historic district ordinance, or a building code may be placed on a ballot separate from the ballot used to elect city or town officers. The planning board shall forward to the town clerk all proposed amendments to a zoning ordinance, historic district ordinance, or building code not later than the fifth Tuesday prior to the date for electing city or town officers.
7 Scope of Authorization; Definitions. Amend RSA 49-B:2, IV(b) to read as follows:
(b) “Elected body” means the mayor and board of aldermen, mayor and council, and city council in a city adopting a charter under RSA 49-C and a town council, board of selectmen, or representative town meeting in a town adopting a charter under RSA 49-D.
8 Effective Date. This act shall take effect 60 days after its passage.