Town of Merrimack

Charter Commission

COMPARISON OF CURRENT FORM

WITH CHARTER FORM

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PLEASE NOTE: This is a general comparison of the current form and the Charter form. This comparison is not intended to be an exhaustive analysis of the changes in the form of government. Not all provisions are noted because they often represent no change or are technical in nature with no comparable language in the current form. Interested parties should read the entire Charter to assess the changes that are contained in the Charter.

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FORM OF GOVERNMENT

Current Form Charter Form Reference

Town Form	No Change	Section 1-2
Board of Selectmen	Town Council	Section 1-2

ELECTIONS

Current Form Charter Form Reference

Board of Elections - Moderator, Supervisors of Checklist & Town Clerk	No Change	Section 3-1
Moderator - 2 year term	No Change	Section 3-2
Supervisors - 6 year term	No Change	Section 3-3,A
Non-Partisan Official Ballot	No Change	Section 3-4,A
Polling places determined by Town Meeting vote	Polling places determined by Town Council 30 days prior to vote	Section 3-4,B
Candidates must be a resident of Merrimack	Candidates must be a resident of Merrimack AND domiciled in the town	Section 3-4,C
No residency period for Board of Selectmen	Town Council candidates must have residency of one year at time of filing	Section 3-4,C
Candidates listed in alphabetical order as required by state law	No Change	Section 3-5
No deadline for taking oath of office after certification of election	Successful candidate must take oath within 30 days of election of election or vacancy declared	Section 3-7
Contested elections governed by NH State Law	No Change	Section 3-8

GOVERNING BOARD

Current Form Charter Form Reference

Board of Selectmen	Town Council	Section 4-1,A
5 Members	7 Members	Section 4-1,A
3 year staggered terms (2-2-1)	3 year staggered terms (3-2-2)	Section 4-1-B
Organizational meeting by custom	Organizational meeting required	Section 4-2
Registered voter	Registered voter and domiciled in town	Section 3-4,C; Section 4-4, A
Selectman cannot be removed except for specific matters contained in state law.	Councilor may be removed for certain causes contained in procedures adopted by the Council and for specific matters contained in state law.	Section 4-4, B
No Incompatible positions other than those delineated in NH State Law	Can hold no other Town position of remuneration	Section 4-4,C
No Incompatible Town Positions	Not hold any office or employment with the Town and not eligible to for appointment as a compensated town officer or employee until one year after expiration of their service	Section 4-4,D
Vacancies filled by appointment of remaining Board members	Vacancies filled by appointment of remaining Town Council members	Section 4-5
Compensation determined by Board. No restrictions on compensation and expenses.	Any increase in compensation must be adopted by 5 councilors, does not take effect until ensuing fiscal year and, then, only for newly elected councilors	Section 4-6
Determined by Board. No formal provision for decrease in compensation or expenses.	Any decrease in compensation takes effect immediately after a vote of 4 councilors and applies to all councilors.	Section 4-6
Exercise of Powers determined by NH State Law and Board of Selectmen	Exercise of Powers determined by NH State Law and Town Council	Section 4-7,A
Quorum = 3 Members	Quorum = 4 members	Section 4-7,B
Meetings defined by law	Meetings defined by Charter	Section 4-7,C
Rules of procedure established by Board of Selectmen, but none required on voting procedures	Rules of procedure established by Charter and Town Council and members required to vote	Section 4-7,D

LEGISLATIVE BODY

Current Form Charter Form Reference

Annual Meeting with Official Ballot	Town Council, except for adoption of the Town Budget	Section 4-8
Official Ballot Voting on all matters on annual warrant	Official Ballot voting on appropriations, bonds and notes, initiative and referendum items.	Section 4-8; Article IX
Selectmen have limited authority to adopt by-laws and policies	Town Council responsible for all other non-appropriation measures	Section 4-8; Article V
Special Town Meeting for non-appropriation items	Special Election for Initiative and Referendum items	Article V
Special Town Meeting for appropriation issues under limited circumstances	Special Town Meeting for appropriation issues under limited circumstances	Article VIII

ADOPTION OF ORDINANCES

Current Form Charter Form Reference

Introduced in writing as a warrant article for the Annual Meeting	Introduced in writing at any regular or special meeting of the Town Council	Section 5-2
No required first reading	Must have a First Reading and be posted	Section 5-1 and 5-2
Public Hearing at a Board Meeting	Public Hearing must be schedule and the ordinance published at least once	Section 5-3
Adopted by Town Meeting vote or Board of Selectmen	Cannot be adopted until at least 7 days after the public hearing by the Town Council	Section 5-3
Emergency defined in NH State Law	Emergency defined in Charter	Section 2-1,B(6)
Simple majority required for passage	Emergency ordinance must receive 5 votes	Section 5-5,C
No requirement for repeal	Emergency ordinance stands repealed 61 days after adoption	Section 5-5,E
No requirement for codification and review of Ordinances	Must revise and codify all ordinances 18 months after Charter adoption and every 5^th year thereafter.	Section 5-6,C

ADMINISTRATIVE BOARDS

Current Form Charter Form Reference

Established by Town Meeting vote	Established by Charter	Section 6-1, A,B,C, D
Planning Board, Conservation Commission, Parks and Recreation Committee, Heritage Commission	No Change	Section 6-1
Other Administrative Committees established by vote of Board of Selectmen or by procedures under NH State Law	Established by vote of the Town Council	Section 6-1,E

ELECTED BOARDS

Current Form Charter Form Reference

Established in by vote of Town Meeting	Established by ordinance adopted by Town Council	Section 6-2
Trustees of Trust Funds, Library Trustees, Ethics Committee	No Change	Section 6-2, A,B,C
3 year staggered terms	No Change

JUDICIAL BOARDS

Current Form Charter Form Reference

Established in by vote of Town Meeting	Established by ordinance adopted by Town Council	Section 6-3
Zoning Board of Adjustment	No Change	Section 6-3,A

COMMITTEES / COMMISSIONS / BOARDS

Current Form Charter Form Reference

Vacancies filled Board of Selectmen	Vacancies filled by Town Council	Section 6-4
Terms of office begin with date of appointment	Terms of office coincide with fiscal year	Section 6-5
No annual review	Annual review required	Section 6-6

TOWN ADMINISTRATION

Current Form Charter Form Reference

Town Manager Form under RSA 37	Town Manager designated as Chief Administrative officer by Charter	Section 7-1; Section 7-7
Qualifications generally established in RSA 37	Qualifications established by Charter	Section 7-2,A
Residency required by Administrative Code	Residency required by Charter	Section 7-2,A
Evaluation not required	Evaluation required	Section 7-3
No formal reprimand or removal proceeding	Formal reprimand or removal process established by Charter	Section 7-4
No requirement to appoint an Acting Town Manager in case of removal or reprimand	Appointment of an Acting Town Manager required with a definite term	Section 7-4,D
No requirement to appoint an Acting Town Manager in case of temporary incapacity or manager unable to act or vacancy	Requires determination of temporary incapacity or inability to act or vacancy by 4 Councilors and Acting Manager required to be appointed for 120 days	Section 7-5
Department/Divisions created by BOS and Administrative Code	Department/divisions recommended by Town Manager with the approval of the Council and codified in an Administrative Code	Section 7-7, B
Approval of bonds and notes requires 3/5th vote.	Approval of bonds and notes requires 2/3rds vote per RSA 49-D:3,I-a	Section 8-4,L and Section 8-5,A
Lines of responsibility and authority for administration of town departments/divisions fluid depending on board and manager relationship	Lines of responsibility and authority for administration of town departments/divisions fixed by charter	Section 7-7,A and 7-10
Department Heads hired by Town Manager with the consent of the Board	No Change	Section 7-8
Department Heads removed by action of the Board	Department Heads removed by Town Manager with appeal to Town Council.	Section 7-8
Employees generally hired by the Town Manager	No Change	Section 7-7,B

FINANCE

Current Form Charter Form Reference

Manager develops budget and submits to Governing Body for review	No Change	Section 8-2
Board reviews Manager’s budget and make recommendations to Budget Committee	Council reviews Manager’s budget and holds public hearing(s) before finalizing and placing on warrant for Official Ballot action	Section 8-3
Budget Committee reviews budget and makes recommendation to voters	No Budget Committee	Article XI and Article XII
Budget presented to voters at Deliberative Session	No Change	Section 8-3,C
Budget debated, discussed and amended	No Change	Section 8-3,F
Official ballot on appropriation and non-appropriation items.	Official ballot voting on appropriations, bonds, notes and initiative and referenda questions	Section 8-4,A
Petition warrant articles for any matter pursuant to RSA 39:3	Petition warrant articles for appropriations only pursuant to RSA 39:3	Section 8-4,C

CODE OF ETHICS / CONDUCT IN OFFICE

Current Form Charter Form Reference

Conflict of Interest Ordinance adopted by Town Meeting

Conflict of Interest provisions contained in Charter

Article IX

CITIZEN INITIATIVES

Current Form Charter Form Reference

Appear at Board of Selectmen meeting	Individual request - Appear at Town Council Meeting	Section 10-1,A
Appointment with Board of Selectmen	Group petition with 50 signatures requires Council consideration, but does not require action	Section 10-1,B
	Initiative Petition to request the adoption of a measure/ordinance	Section 10-2
	Requires signatures of 500 registered voters	Section 10-2,A
	Council required to hold a public hearing on the petition.	Section 10-2,B
	The Council can vote to adopt or not adopt	Section 10-2,B(1)
	If measure is not adopted, it goes to the ballot / If measure is adopted, it takes force upon certification of the vote or a date certain	Section 10-2,B(2)
	Referendum Petition-request to amend or repeal a measure or ordinance	Section 10-3
	Requires signatures of 1250 registered voters	Section 10-3,A
	Council required to hold public hearing on the measure	Section 10-3,B
	The Council can amend or repeal, if the Council does not amend or repeal, the measure goes to the ballot	Section 10-3,B
	If the question is approved, the measure is either amended or repealed.	Section 10-3,C
	Council can take any measure to the ballot without a petition after a public hearing	Section 10-4

GENERAL PROVISIONS

Current Form Charter Form Reference

Controlling legislation amended by Legislature	Charter Amendments pursuant to RSA 49-B	Section 11-3
Land Use Ordinances adopted by Town Meeting	Land Use Ordinances adopted by Town Council	Section 11-5
Municipal Budget Act adopted in 1978	Adoption of Municipal Budget Act Rescinded	Section 11-6
Historic District Commission adopted by Town Meeting	Adoption of Historic District Commission Rescinded	Section 11-6

TRANSITION

Current Form Charter Form Reference

Charter takes effect July 1, 2006	Section 12-1
Incumbent elected and appointed office holders on July 1, 2006 retain office	Section 12-2
Two councilors elected at Special Election on June 13, 2006	Section 12-3
Board of Selectmen abolished	Section 12-4 (1)
Budget Committee abolished	Section 12-4 (2)
Historic District Commission abolished	Section 12-4 (3)